15780. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all, or a part
of, a state-aided district or an applicant district has been
included.
(b) Except as otherwise provided in Section 15788, the effective
date for the purposes of this article of any change of boundaries or
annexation or other inclusion affecting a school district shall be
the date the action became effective for the purposes of Section
4002.
15781. When a district has received conditional apportionments
which have become final under this chapter, and there is a
unification of the district prior to December 31, 1952, within the
meaning of Section 4320, with another district having the same
boundaries, the effective date of the unification for the purpose of
the first district receiving additional apportionments pursuant to
the terms of Section 15714 shall be July 1, 1953.
15782. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make the determinations and take the action with respect thereto,
including the making, subject to Article 1 of this chapter, of a
conditional apportionment to the district, as the board may deem
necessary because of the inclusion of less than the whole of the
applicant district in the acquiring district; (3) if an applicant
district is annexed to or otherwise included in whole or in part in a
district which is eligible for an apportionment under this chapter
and has made or does make an application for the apportionment, the
board may reconsider the applications of the applicant district and
the acquiring district and make such determinations and take such
action with respect thereto, including the making, subject to the
provisions of Article 1 (commencing with Section 15700) of this
chapter, of conditional apportionments to districts, that the board
may deem necessary because of the annexation or other inclusion in
the acquiring district of the applicant district in whole or in part.
15783. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for an apportionment under this
chapter, the conditional apportionment made to the applicant district
shall, notwithstanding any other provisions of this chapter, become
void but the board may reconsider the application of the acquiring
district and make determinations and take action with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as
hereinafter provided, of additional conditional apportionments to the
acquiring district, as the board may deem necessary as a result of
the annexation or other inclusion in the acquiring district of the
applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter become void, but the board may reconsider the application and
make such determinations and take such actions with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as hereinafter
provided, of new conditional apportionments to the applicant
district, as the board may deem necessary as a result of such
inclusion of a portion of the applicant district in the acquiring
district.
Notwithstanding anything in the first sentence of Section 15721 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within ten thousand
dollars ($10,000) of the amount required under Section 15721.
15784. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 15715,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for an apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make determinations and take any action with respect thereto,
including the making, subject to Article 1 (commencing with Section
15700) of this chapter, of a conditional apportionment or
apportionments to the acquiring district that the board may deem
necessary because of such annexation or other inclusion in the
acquiring district of the applicant district; (3) if a portion of the
applicant district is annexed to or otherwise included in another
district, the board may reconsider the application of the applicant
district and may, within two years after the first apportionment made
under the approval, make additional apportionments that it sees fit
to the applicant district, but not in excess of the amount in which
the application was originally approved, without requiring the
district to issue additional bonds.
15785. Notwithstanding, and in lieu of, any provisions of this
chapter to the contrary, excepting Section 15725 if during the fiscal
year 1950-1951, or any subsequent fiscal year, a conditional
apportionment is or has been made to a district, hereinafter referred
to as the original district, and if the original district (1) holds
or has held all elections required by Section 15721, and (2) before
the apportionment becomes final is or has been annexed to or included
in whole in another district, hereinafter referred to as the
acquiring district, which had prior thereto received its first final
apportionment under this chapter during the same fiscal year, and (3)
after the inclusion or annexation sells or has sold the bonds
authorized by the aforesaid elections, the board may approve any
application by the governing board of the acquiring district and make
an apportionment, or apportionments, for any project for which the
original district would have been eligible under this chapter had
such inclusion not taken place. No apportionment shall be made to the
acquiring district under this section unless the proceeds of the
bonds which the board required the original district to sell are
available for and will be contributed toward the cost of the approved
project. Any apportionment made to the acquiring district under this
section shall become final when made.
The computations provided in Sections 15729, 15730, and 15733 with
respect to apportionments made under this section shall be made
exactly as though the acquiring school district was comprised only of
the original school district.
Any rate or amount of tax levied pursuant to or under the
authority of Sections 14204 and 15742, or any other provision of law,
for the purpose of producing the amount or any part thereof deducted
by the Controller with respect to apportionments made under this
section, during any fiscal year under Sections 15735 and 15738 from
apportionments to the acquiring district from the State School Fund
shall be levied only on property in the original school district.
15786. Whenever, subsequent to the date when a conditional
apportionment is made to a district and before the conditional
apportionment becomes final the boundaries of the district are
changed so that the territory of the district is reduced by not to
exceed 1 percent of the assessed valuation of the district, as
determined by the last equalized assessment roll immediately
preceding the effective date of the change of boundaries, and the
superintendent of schools of the county having jurisdiction over the
district has failed to file the certificate required by Section
15795, showing the change of boundaries, and prior to April 15, 1952,
the board has certified to the Controller that the apportionment
made to the district has become final, the final apportionment is
hereby confirmed, ratified, and validated, and any expenditure of
money from the Public School Building Loan Fund according to the
terms of the final apportionment is hereby confirmed, ratified, and
validated.
15787. Notwithstanding any provision of law to the contrary,
whenever a conditional apportionment has been made to an elementary
school district pursuant to Section 15714 prior to August 1, 1951,
and the school district has subsequently voted to become a part of a
union school district before the school district has voted to accept
and repay an amount sufficient to include both said entire
apportionment made pursuant to Section 15714, and all other
apportionments made to the school district by the board prior to
August 1, 1951, the elementary school district is continued in
existence until September 1, 1953, for the purpose of (1) receiving
any apportionment made to said district subsequent to August 1, 1951,
under Section 15718, as if the elementary district had not voted to
unionize with another school district, and (2) for the purpose of
voting upon the acceptance and repayment of the apportionment
mentioned in (1) or any other apportionment made to the district by
the board subsequent to August 1, 1951.
If any elementary school district so described above shall vote,
prior to September 1, 1953, to accept and repay any apportionment
above mentioned (except of any apportionment made under Section
15718), the apportionment shall thereupon become final. Repayment of
any apportionment referred to in this section shall be made by the
elementary district pursuant to the applicable provisions of this
chapter as if no change in boundaries had been made in the district.
15788. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the public school building fund
of the state-aided district shall be transferred to the public school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4000, become liable for the annual repayments and other
payments due the state under this chapter with respect to the
apportionment or the property acquired or to be acquired therewith.
15789. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a project or projects of the district. The
acquiring district, upon the transfer to it of the funds, may expend
the funds for any projects of the acquiring district as to which its
application was approved.
15790. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of such district is included in another district, the Director
of General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the
auditor, and the treasurer of the counties having jurisdiction over
said districts of each determination and redetermination made by him
or her under this section. No redetermination shall be retroactive
nor affect the liability of any school district for any payment or
annual repayment, or portion thereof, previously made by or on behalf
of such district to the state under the provisions of this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the public school building
fund of the state-aided district shall be transferred to the public
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of that portion of the annual repayment and all
other payments due the state under the provisions of this chapter
with respect to that portion of the apportionment which the Director
of General Services has determined or redetermined was expended, or
will be expended for property acquired, or to be acquired by the
acquiring district, or, in the event a portion of the apportionment
is a lower percentage of the apportionment than the percentage that
the assessed valuation in the territory of the state-aided district
which was transferred to the acquiring district is of the total
assessed valuation of the state-aided district immediately preceding
the effective date of the transfer, the acquiring district shall
become liable for the payment to the state of that percentage of the
annual repayment and all other repayments due to the state under
provisions of this chapter with respect to the apportionment which is
equal to the percentage of assessed valuation in the territory
transferred to the acquiring district.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 of the
territory referred to. The limited liability is hereinafter referred
to as "the maximum." It is the intent of the Legislature that the
maximum shall be applied by the Controller, both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than the maximum,
assuming this paragraph had been in effect at that time, the excess
shall be credited by the Controller against any apportionment
balances for which said district is or may hereafter become liable;
and (3) the Controller shall make retroactively any adjustments in
the amounts due from other districts by virtue of any adjustments
made under (2) above. Notwithstanding the foregoing, any computations
required to be made pursuant to this paragraph shall not be
reflected in any changes in deductions required to be made pursuant
to Section 15735 prior to January 1, 1966.
If any subsection, clause, sentence of phrase of this section is
for any reason held to be unconstitutional such decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section,
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences or
phrases be declared unconstitutional.
15791. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 15729, 15730, and 15733; and all
the computations required to be made pursuant to those sections shall
be made exactly as if there had been no change of boundaries,
annexations, or inclusion, except as otherwise provided in Sections
15792 and 15793.
15792. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 15729 to 15733, inclusive;
(2) If the acquiring district is not a state-aided district, the
State Controller shall determine the percentage relationship, at the
time of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 15729 to 15733,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting such percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 15729 to 15733, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district, as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying such annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
final apportionment at the time the complement percentage is
established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the aforesaid final apportionment at the
time the complement percentage is established. The maximum liability
on the part of either the state-aided or acquiring districts
established as above (and until the time that the liability be
altered by altering the "complement percentage") shall be hereinafter
referred to in this section with respect to each district as "the
maximum."
(3) In the event that two or more nonstate-aided districts acquire
territory from the state-aided district the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof) as will in his or her opinion best comply with
the principles set forth above, irrespective of whether the formulae
are in literal compliance therewith. The same percentage of annual
repayment for which a district is liable at the time the liability
apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subsection, clause, sentence or phrase of this section is
for any reason held to be unconstitutional that decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences, or
phrases be declared unconstitutional.
15793. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
nonstate-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included with
the valuation of the state-aided district for the purposes of making
the computations provided by Sections 15729 to 15733.
15794. The Controller shall compute, in accordance with Sections
15791, 15792, and 15793, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article.
15795. (a) When, after any application is filed, the applicant
district is annexed to, or, by change of boundaries or otherwise, is
included in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth each of the following:
(1) The effective date of the annexation, inclusion, or change of
boundaries.
(2) Identification of the area of the school district affected by
such change and the name of the school district or districts in which
such area is included as a result thereof.
(3) Any additional information in any form that the board may
require.
(b) The board shall, upon receiving the appropriate certificate
from a county superintendent of schools as provided herein, promptly
notify the Controller, in writing, of each of the following:
(1) The effective date of annexation or other inclusion of a
state-aided district by an acquiring district.
(2) The name of the state-aided district.
(3) The name of the acquiring district.
(4) The number and other identification of the apportionment
affected.
15780. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all, or a part
of, a state-aided district or an applicant district has been
included.
(b) Except as otherwise provided in Section 15788, the effective
date for the purposes of this article of any change of boundaries or
annexation or other inclusion affecting a school district shall be
the date the action became effective for the purposes of Section
4002.
15781. When a district has received conditional apportionments
which have become final under this chapter, and there is a
unification of the district prior to December 31, 1952, within the
meaning of Section 4320, with another district having the same
boundaries, the effective date of the unification for the purpose of
the first district receiving additional apportionments pursuant to
the terms of Section 15714 shall be July 1, 1953.
15782. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make the determinations and take the action with respect thereto,
including the making, subject to Article 1 of this chapter, of a
conditional apportionment to the district, as the board may deem
necessary because of the inclusion of less than the whole of the
applicant district in the acquiring district; (3) if an applicant
district is annexed to or otherwise included in whole or in part in a
district which is eligible for an apportionment under this chapter
and has made or does make an application for the apportionment, the
board may reconsider the applications of the applicant district and
the acquiring district and make such determinations and take such
action with respect thereto, including the making, subject to the
provisions of Article 1 (commencing with Section 15700) of this
chapter, of conditional apportionments to districts, that the board
may deem necessary because of the annexation or other inclusion in
the acquiring district of the applicant district in whole or in part.
15783. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for an apportionment under this
chapter, the conditional apportionment made to the applicant district
shall, notwithstanding any other provisions of this chapter, become
void but the board may reconsider the application of the acquiring
district and make determinations and take action with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as
hereinafter provided, of additional conditional apportionments to the
acquiring district, as the board may deem necessary as a result of
the annexation or other inclusion in the acquiring district of the
applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter become void, but the board may reconsider the application and
make such determinations and take such actions with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as hereinafter
provided, of new conditional apportionments to the applicant
district, as the board may deem necessary as a result of such
inclusion of a portion of the applicant district in the acquiring
district.
Notwithstanding anything in the first sentence of Section 15721 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within ten thousand
dollars ($10,000) of the amount required under Section 15721.
15784. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 15715,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for an apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make determinations and take any action with respect thereto,
including the making, subject to Article 1 (commencing with Section
15700) of this chapter, of a conditional apportionment or
apportionments to the acquiring district that the board may deem
necessary because of such annexation or other inclusion in the
acquiring district of the applicant district; (3) if a portion of the
applicant district is annexed to or otherwise included in another
district, the board may reconsider the application of the applicant
district and may, within two years after the first apportionment made
under the approval, make additional apportionments that it sees fit
to the applicant district, but not in excess of the amount in which
the application was originally approved, without requiring the
district to issue additional bonds.
15785. Notwithstanding, and in lieu of, any provisions of this
chapter to the contrary, excepting Section 15725 if during the fiscal
year 1950-1951, or any subsequent fiscal year, a conditional
apportionment is or has been made to a district, hereinafter referred
to as the original district, and if the original district (1) holds
or has held all elections required by Section 15721, and (2) before
the apportionment becomes final is or has been annexed to or included
in whole in another district, hereinafter referred to as the
acquiring district, which had prior thereto received its first final
apportionment under this chapter during the same fiscal year, and (3)
after the inclusion or annexation sells or has sold the bonds
authorized by the aforesaid elections, the board may approve any
application by the governing board of the acquiring district and make
an apportionment, or apportionments, for any project for which the
original district would have been eligible under this chapter had
such inclusion not taken place. No apportionment shall be made to the
acquiring district under this section unless the proceeds of the
bonds which the board required the original district to sell are
available for and will be contributed toward the cost of the approved
project. Any apportionment made to the acquiring district under this
section shall become final when made.
The computations provided in Sections 15729, 15730, and 15733 with
respect to apportionments made under this section shall be made
exactly as though the acquiring school district was comprised only of
the original school district.
Any rate or amount of tax levied pursuant to or under the
authority of Sections 14204 and 15742, or any other provision of law,
for the purpose of producing the amount or any part thereof deducted
by the Controller with respect to apportionments made under this
section, during any fiscal year under Sections 15735 and 15738 from
apportionments to the acquiring district from the State School Fund
shall be levied only on property in the original school district.
15786. Whenever, subsequent to the date when a conditional
apportionment is made to a district and before the conditional
apportionment becomes final the boundaries of the district are
changed so that the territory of the district is reduced by not to
exceed 1 percent of the assessed valuation of the district, as
determined by the last equalized assessment roll immediately
preceding the effective date of the change of boundaries, and the
superintendent of schools of the county having jurisdiction over the
district has failed to file the certificate required by Section
15795, showing the change of boundaries, and prior to April 15, 1952,
the board has certified to the Controller that the apportionment
made to the district has become final, the final apportionment is
hereby confirmed, ratified, and validated, and any expenditure of
money from the Public School Building Loan Fund according to the
terms of the final apportionment is hereby confirmed, ratified, and
validated.
15787. Notwithstanding any provision of law to the contrary,
whenever a conditional apportionment has been made to an elementary
school district pursuant to Section 15714 prior to August 1, 1951,
and the school district has subsequently voted to become a part of a
union school district before the school district has voted to accept
and repay an amount sufficient to include both said entire
apportionment made pursuant to Section 15714, and all other
apportionments made to the school district by the board prior to
August 1, 1951, the elementary school district is continued in
existence until September 1, 1953, for the purpose of (1) receiving
any apportionment made to said district subsequent to August 1, 1951,
under Section 15718, as if the elementary district had not voted to
unionize with another school district, and (2) for the purpose of
voting upon the acceptance and repayment of the apportionment
mentioned in (1) or any other apportionment made to the district by
the board subsequent to August 1, 1951.
If any elementary school district so described above shall vote,
prior to September 1, 1953, to accept and repay any apportionment
above mentioned (except of any apportionment made under Section
15718), the apportionment shall thereupon become final. Repayment of
any apportionment referred to in this section shall be made by the
elementary district pursuant to the applicable provisions of this
chapter as if no change in boundaries had been made in the district.
15788. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the public school building fund
of the state-aided district shall be transferred to the public school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4000, become liable for the annual repayments and other
payments due the state under this chapter with respect to the
apportionment or the property acquired or to be acquired therewith.
15789. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a project or projects of the district. The
acquiring district, upon the transfer to it of the funds, may expend
the funds for any projects of the acquiring district as to which its
application was approved.
15790. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of such district is included in another district, the Director
of General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the
auditor, and the treasurer of the counties having jurisdiction over
said districts of each determination and redetermination made by him
or her under this section. No redetermination shall be retroactive
nor affect the liability of any school district for any payment or
annual repayment, or portion thereof, previously made by or on behalf
of such district to the state under the provisions of this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the public school building
fund of the state-aided district shall be transferred to the public
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of that portion of the annual repayment and all
other payments due the state under the provisions of this chapter
with respect to that portion of the apportionment which the Director
of General Services has determined or redetermined was expended, or
will be expended for property acquired, or to be acquired by the
acquiring district, or, in the event a portion of the apportionment
is a lower percentage of the apportionment than the percentage that
the assessed valuation in the territory of the state-aided district
which was transferred to the acquiring district is of the total
assessed valuation of the state-aided district immediately preceding
the effective date of the transfer, the acquiring district shall
become liable for the payment to the state of that percentage of the
annual repayment and all other repayments due to the state under
provisions of this chapter with respect to the apportionment which is
equal to the percentage of assessed valuation in the territory
transferred to the acquiring district.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 of the
territory referred to. The limited liability is hereinafter referred
to as "the maximum." It is the intent of the Legislature that the
maximum shall be applied by the Controller, both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than the maximum,
assuming this paragraph had been in effect at that time, the excess
shall be credited by the Controller against any apportionment
balances for which said district is or may hereafter become liable;
and (3) the Controller shall make retroactively any adjustments in
the amounts due from other districts by virtue of any adjustments
made under (2) above. Notwithstanding the foregoing, any computations
required to be made pursuant to this paragraph shall not be
reflected in any changes in deductions required to be made pursuant
to Section 15735 prior to January 1, 1966.
If any subsection, clause, sentence of phrase of this section is
for any reason held to be unconstitutional such decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section,
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences or
phrases be declared unconstitutional.
15791. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 15729, 15730, and 15733; and all
the computations required to be made pursuant to those sections shall
be made exactly as if there had been no change of boundaries,
annexations, or inclusion, except as otherwise provided in Sections
15792 and 15793.
15792. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 15729 to 15733, inclusive;
(2) If the acquiring district is not a state-aided district, the
State Controller shall determine the percentage relationship, at the
time of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 15729 to 15733,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting such percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 15729 to 15733, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district, as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying such annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
final apportionment at the time the complement percentage is
established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the aforesaid final apportionment at the
time the complement percentage is established. The maximum liability
on the part of either the state-aided or acquiring districts
established as above (and until the time that the liability be
altered by altering the "complement percentage") shall be hereinafter
referred to in this section with respect to each district as "the
maximum."
(3) In the event that two or more nonstate-aided districts acquire
territory from the state-aided district the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof) as will in his or her opinion best comply with
the principles set forth above, irrespective of whether the formulae
are in literal compliance therewith. The same percentage of annual
repayment for which a district is liable at the time the liability
apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subsection, clause, sentence or phrase of this section is
for any reason held to be unconstitutional that decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences, or
phrases be declared unconstitutional.
15793. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
nonstate-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included with
the valuation of the state-aided district for the purposes of making
the computations provided by Sections 15729 to 15733.
15794. The Controller shall compute, in accordance with Sections
15791, 15792, and 15793, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article.
15795. (a) When, after any application is filed, the applicant
district is annexed to, or, by change of boundaries or otherwise, is
included in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth each of the following:
(1) The effective date of the annexation, inclusion, or change of
boundaries.
(2) Identification of the area of the school district affected by
such change and the name of the school district or districts in which
such area is included as a result thereof.
(3) Any additional information in any form that the board may
require.
(b) The board shall, upon receiving the appropriate certificate
from a county superintendent of schools as provided herein, promptly
notify the Controller, in writing, of each of the following:
(1) The effective date of annexation or other inclusion of a
state-aided district by an acquiring district.
(2) The name of the state-aided district.
(3) The name of the acquiring district.
(4) The number and other identification of the apportionment
affected.
15780. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all, or a part
of, a state-aided district or an applicant district has been
included.
(b) Except as otherwise provided in Section 15788, the effective
date for the purposes of this article of any change of boundaries or
annexation or other inclusion affecting a school district shall be
the date the action became effective for the purposes of Section
4002.
15781. When a district has received conditional apportionments
which have become final under this chapter, and there is a
unification of the district prior to December 31, 1952, within the
meaning of Section 4320, with another district having the same
boundaries, the effective date of the unification for the purpose of
the first district receiving additional apportionments pursuant to
the terms of Section 15714 shall be July 1, 1953.
15782. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make the determinations and take the action with respect thereto,
including the making, subject to Article 1 of this chapter, of a
conditional apportionment to the district, as the board may deem
necessary because of the inclusion of less than the whole of the
applicant district in the acquiring district; (3) if an applicant
district is annexed to or otherwise included in whole or in part in a
district which is eligible for an apportionment under this chapter
and has made or does make an application for the apportionment, the
board may reconsider the applications of the applicant district and
the acquiring district and make such determinations and take such
action with respect thereto, including the making, subject to the
provisions of Article 1 (commencing with Section 15700) of this
chapter, of conditional apportionments to districts, that the board
may deem necessary because of the annexation or other inclusion in
the acquiring district of the applicant district in whole or in part.
15783. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for an apportionment under this
chapter, the conditional apportionment made to the applicant district
shall, notwithstanding any other provisions of this chapter, become
void but the board may reconsider the application of the acquiring
district and make determinations and take action with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as
hereinafter provided, of additional conditional apportionments to the
acquiring district, as the board may deem necessary as a result of
the annexation or other inclusion in the acquiring district of the
applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter become void, but the board may reconsider the application and
make such determinations and take such actions with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 15700) of this chapter except as hereinafter
provided, of new conditional apportionments to the applicant
district, as the board may deem necessary as a result of such
inclusion of a portion of the applicant district in the acquiring
district.
Notwithstanding anything in the first sentence of Section 15721 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within ten thousand
dollars ($10,000) of the amount required under Section 15721.
15784. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 15715,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for an apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make determinations and take any action with respect thereto,
including the making, subject to Article 1 (commencing with Section
15700) of this chapter, of a conditional apportionment or
apportionments to the acquiring district that the board may deem
necessary because of such annexation or other inclusion in the
acquiring district of the applicant district; (3) if a portion of the
applicant district is annexed to or otherwise included in another
district, the board may reconsider the application of the applicant
district and may, within two years after the first apportionment made
under the approval, make additional apportionments that it sees fit
to the applicant district, but not in excess of the amount in which
the application was originally approved, without requiring the
district to issue additional bonds.
15785. Notwithstanding, and in lieu of, any provisions of this
chapter to the contrary, excepting Section 15725 if during the fiscal
year 1950-1951, or any subsequent fiscal year, a conditional
apportionment is or has been made to a district, hereinafter referred
to as the original district, and if the original district (1) holds
or has held all elections required by Section 15721, and (2) before
the apportionment becomes final is or has been annexed to or included
in whole in another district, hereinafter referred to as the
acquiring district, which had prior thereto received its first final
apportionment under this chapter during the same fiscal year, and (3)
after the inclusion or annexation sells or has sold the bonds
authorized by the aforesaid elections, the board may approve any
application by the governing board of the acquiring district and make
an apportionment, or apportionments, for any project for which the
original district would have been eligible under this chapter had
such inclusion not taken place. No apportionment shall be made to the
acquiring district under this section unless the proceeds of the
bonds which the board required the original district to sell are
available for and will be contributed toward the cost of the approved
project. Any apportionment made to the acquiring district under this
section shall become final when made.
The computations provided in Sections 15729, 15730, and 15733 with
respect to apportionments made under this section shall be made
exactly as though the acquiring school district was comprised only of
the original school district.
Any rate or amount of tax levied pursuant to or under the
authority of Sections 14204 and 15742, or any other provision of law,
for the purpose of producing the amount or any part thereof deducted
by the Controller with respect to apportionments made under this
section, during any fiscal year under Sections 15735 and 15738 from
apportionments to the acquiring district from the State School Fund
shall be levied only on property in the original school district.
15786. Whenever, subsequent to the date when a conditional
apportionment is made to a district and before the conditional
apportionment becomes final the boundaries of the district are
changed so that the territory of the district is reduced by not to
exceed 1 percent of the assessed valuation of the district, as
determined by the last equalized assessment roll immediately
preceding the effective date of the change of boundaries, and the
superintendent of schools of the county having jurisdiction over the
district has failed to file the certificate required by Section
15795, showing the change of boundaries, and prior to April 15, 1952,
the board has certified to the Controller that the apportionment
made to the district has become final, the final apportionment is
hereby confirmed, ratified, and validated, and any expenditure of
money from the Public School Building Loan Fund according to the
terms of the final apportionment is hereby confirmed, ratified, and
validated.
15787. Notwithstanding any provision of law to the contrary,
whenever a conditional apportionment has been made to an elementary
school district pursuant to Section 15714 prior to August 1, 1951,
and the school district has subsequently voted to become a part of a
union school district before the school district has voted to accept
and repay an amount sufficient to include both said entire
apportionment made pursuant to Section 15714, and all other
apportionments made to the school district by the board prior to
August 1, 1951, the elementary school district is continued in
existence until September 1, 1953, for the purpose of (1) receiving
any apportionment made to said district subsequent to August 1, 1951,
under Section 15718, as if the elementary district had not voted to
unionize with another school district, and (2) for the purpose of
voting upon the acceptance and repayment of the apportionment
mentioned in (1) or any other apportionment made to the district by
the board subsequent to August 1, 1951.
If any elementary school district so described above shall vote,
prior to September 1, 1953, to accept and repay any apportionment
above mentioned (except of any apportionment made under Section
15718), the apportionment shall thereupon become final. Repayment of
any apportionment referred to in this section shall be made by the
elementary district pursuant to the applicable provisions of this
chapter as if no change in boundaries had been made in the district.
15788. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the public school building fund
of the state-aided district shall be transferred to the public school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4000, become liable for the annual repayments and other
payments due the state under this chapter with respect to the
apportionment or the property acquired or to be acquired therewith.
15789. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a project or projects of the district. The
acquiring district, upon the transfer to it of the funds, may expend
the funds for any projects of the acquiring district as to which its
application was approved.
15790. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of such district is included in another district, the Director
of General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the
auditor, and the treasurer of the counties having jurisdiction over
said districts of each determination and redetermination made by him
or her under this section. No redetermination shall be retroactive
nor affect the liability of any school district for any payment or
annual repayment, or portion thereof, previously made by or on behalf
of such district to the state under the provisions of this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the public school building
fund of the state-aided district shall be transferred to the public
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of that portion of the annual repayment and all
other payments due the state under the provisions of this chapter
with respect to that portion of the apportionment which the Director
of General Services has determined or redetermined was expended, or
will be expended for property acquired, or to be acquired by the
acquiring district, or, in the event a portion of the apportionment
is a lower percentage of the apportionment than the percentage that
the assessed valuation in the territory of the state-aided district
which was transferred to the acquiring district is of the total
assessed valuation of the state-aided district immediately preceding
the effective date of the transfer, the acquiring district shall
become liable for the payment to the state of that percentage of the
annual repayment and all other repayments due to the state under
provisions of this chapter with respect to the apportionment which is
equal to the percentage of assessed valuation in the territory
transferred to the acquiring district.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 of the
territory referred to. The limited liability is hereinafter referred
to as "the maximum." It is the intent of the Legislature that the
maximum shall be applied by the Controller, both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than the maximum,
assuming this paragraph had been in effect at that time, the excess
shall be credited by the Controller against any apportionment
balances for which said district is or may hereafter become liable;
and (3) the Controller shall make retroactively any adjustments in
the amounts due from other districts by virtue of any adjustments
made under (2) above. Notwithstanding the foregoing, any computations
required to be made pursuant to this paragraph shall not be
reflected in any changes in deductions required to be made pursuant
to Section 15735 prior to January 1, 1966.
If any subsection, clause, sentence of phrase of this section is
for any reason held to be unconstitutional such decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section,
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences or
phrases be declared unconstitutional.
15791. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 15729, 15730, and 15733; and all
the computations required to be made pursuant to those sections shall
be made exactly as if there had been no change of boundaries,
annexations, or inclusion, except as otherwise provided in Sections
15792 and 15793.
15792. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 15729 to 15733, inclusive;
(2) If the acquiring district is not a state-aided district, the
State Controller shall determine the percentage relationship, at the
time of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 15729 to 15733,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting such percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 15729 to 15733, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district, as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying such annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
final apportionment at the time the complement percentage is
established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the aforesaid final apportionment at the
time the complement percentage is established. The maximum liability
on the part of either the state-aided or acquiring districts
established as above (and until the time that the liability be
altered by altering the "complement percentage") shall be hereinafter
referred to in this section with respect to each district as "the
maximum."
(3) In the event that two or more nonstate-aided districts acquire
territory from the state-aided district the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof) as will in his or her opinion best comply with
the principles set forth above, irrespective of whether the formulae
are in literal compliance therewith. The same percentage of annual
repayment for which a district is liable at the time the liability
apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subsection, clause, sentence or phrase of this section is
for any reason held to be unconstitutional that decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subsection, sentence, clause or phrase thereof irrespective
of the fact that any one or more subsections, clauses, sentences, or
phrases be declared unconstitutional.
15793. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
nonstate-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included with
the valuation of the state-aided district for the purposes of making
the computations provided by Sections 15729 to 15733.
15794. The Controller shall compute, in accordance with Sections
15791, 15792, and 15793, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article.
15795. (a) When, after any application is filed, the applicant
district is annexed to, or, by change of boundaries or otherwise, is
included in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth each of the following:
(1) The effective date of the annexation, inclusion, or change of
boundaries.
(2) Identification of the area of the school district affected by
such change and the name of the school district or districts in which
such area is included as a result thereof.
(3) Any additional information in any form that the board may
require.
(b) The board shall, upon receiving the appropriate certificate
from a county superintendent of schools as provided herein, promptly
notify the Controller, in writing, of each of the following:
(1) The effective date of annexation or other inclusion of a
state-aided district by an acquiring district.
(2) The name of the state-aided district.
(3) The name of the acquiring district.
(4) The number and other identification of the apportionment
affected.
