16190. The board may make apportionments from any sum appropriated
by the Legislature at the 1952 Second Extraordinary Session and from
any state bonds heretofore or hereafter authorized by the electorate
for state school building aid, including the proceeds of bonds
authorized by Section 2 of Article XVI of the California
Constitution, for assistance to school districts in providing
necessary housing and equipment for the education of exceptional
children. All the provisions of Article 1 (commencing with Section
16000) and Article 2 (commencing with Section 16150) of this chapter,
except Sections 16007 and 16044, shall apply to this article unless
otherwise provided herein.
16191. As used in this article, "exceptional children" means
physically handicapped pupils, mentally retarded pupils,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
16192. Allocations under this article for assistance to school
districts in providing necessary housing and equipment for the
education of pupils enrolled or to be enrolled in development centers
for the handicapped may be made only to those school districts that
are authorized to operate development centers pursuant to Article 1
(commencing with Section 56800) of Chapter 6 of Part 30, as enacted
by Section 2 of Chapter 1010 of the Statutes of 1976.
16193. The State Allocation Board, in cooperation with the State
Department of Education, shall develop standards to be complied with
in the construction of housing facilities for development centers for
the handicapped with allowances provided pursuant to this article.
16194. The State Allocation Board shall establish guidelines and
procedures to be utilized in determining the eligibility of school
districts for allowances provided pursuant to this article with
respect to facilities and equipment for the education of pupils
enrolled in development centers for the handicapped. The guidelines
and procedures shall provide that in order to be eligible to receive
the allowance the school district has no existing facilities which
could be utilized for a development center for the handicapped.
16195. Allocations under this article may be made in the amount as
may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, mentally retarded, or orthopedic or who are health impaired,
multihandicapped, speech handicapped, educationally handicapped, or
enrolled in development centers for the handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to Section 56708, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding mentally retarded minors within Section 56501,
as amended by Section 58 of Chapter 1247 of the Statutes of 1977, who
reside within a district having an average daily attendance of 900
or more and which does not meet the requirements of Section 16058
concerning outstanding bonded indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
16196. Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing, mentally retarded,
orthopedic or other health-impaired, multihandicapped, and
educationally handicapped minors, pupils having speech defects or
disorders, or pupils enrolled in development centers for the
handicapped.
The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Section 1850, as enacted by Section 2 of Chapter
1010 of the Statutes of 1976, and mentally retarded minors pursuant
to Section 1880, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976. A school district may educate these minors by
agreement with a county superintendent of schools required to educate
these minors. Priority in the use of the facilities shall be given
to pupils from districts other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent or
more of the pupils in average daily attendance, as determined by the
county superintendent of schools, and served by the facilities are
not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
16197. (a) Notwithstanding any other provisions of this article to
the contrary, apportionments for the purchase of mobile classrooms
for the education of physically handicapped pupils enrolled in
integrated programs, as set forth in Part 30 (commencing with Section
56000), and for the education and therapy of speech-handicapped
pupils may, subject to the approval of the department, be made to any
school district not otherwise eligible to receive apportionments
under Article 1 (commencing with Section 16000) and Article 2
(commencing with Section 16150) for that purpose.
(b) The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Chapter 7.2 (commencing with Section 56836) of
Part 30. Mobile classrooms shall be used pursuant to an agreement
authorized by Section 41308.
(c) Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
(d) The county board of supervisors of the county whose
superintendent of schools uses mobile classrooms during any fiscal
year shall at the time or times within the fiscal year as may be
agreed upon between the county and the school district, but in any
case not later than the end of the fiscal year, pay to the school
district having the obligation to repay the apportionment made under
this section for the purchase of mobile classrooms, an amount equal
to 100 percent of the amount the district is required to repay in the
fiscal year with respect to the apportionment described above.
(e) The county board of supervisors shall raise the amount
required through a general tax levy on the property within the
participating districts, or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility including the district having the
obligation to repay, or through a combination of these.
(f) The county superintendent of schools shall notify the county
board of supervisors of his or her intention to approve a school
district's application for an allocation under this article before he
or she approves the application.
(g) The department shall prepare specifications or regulations for
the construction of mobile classrooms to provide for a useful life
of no less than 20 years.
(h) The use of mobile classrooms shall meet specifications
described by the department as they relate to the needs of the
physically handicapped pupils being served, as set forth in Chapter
7.2 (commencing with Section 56836) of Part 30.
16198. Notwithstanding any provision of law to the contrary, the
board shall control the amount of apportionments made for facilities
for exceptional children. In so controlling these apportionments the
board shall establish allowable building areas and cost standards
comparable to the building areas and costs of similar facilities
constructed by school districts which are not applicants under this
chapter.
16199. The State Department of Education may accept applications by
school districts for the construction of facilities and the purchase
of essential furniture and equipment, under a pilot project to
maintain regional programs for physically exceptional children.
The Superintendent of Public Instruction shall establish standards
with respect to the regional programs for the pilot project which
shall include, among other things, the curriculum to be offered, the
area to be served, and the supervision and instruction with respect
to the programs. Of the school district applicants which meet the
standards established, the State Department of Education may
designate not more than four school districts to receive
apportionments as part of the pilot project to maintain regional
programs for physically exceptional children.
The pilot project pursuant to this act shall begin with the
1972-1973 school year and shall terminate at the end of the 1974-1975
school year. The State Department of Education shall provide for
state evaluation of the pilot project.
With respect to school districts selected as part of the pilot
project, the State Allocation Board may approve applications and make
apportionments pursuant to Section 16196, notwithstanding that the
school district is serving a district or districts with an average
daily attendance in excess of 8,000.
In any school year in which 50 percent or more of the pupils in
average daily attendance, as determined by the county superintendent
of schools, and served by the facilities are not pupils from
districts other than the applicant district, the repayment for the
succeeding fiscal year shall be an amount which would have been
payable if the district had been required to repay 100 percent of the
apportionment over that period.
The districts participating in a pilot project may include in
interdistrict attendance agreements the cost of making repayments in
the same proportion to the total repayment as the number of pupils
enrolled from each district bears to the total number of pupils
enrolled.
16200. Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped,
mentally retarded, and educationally handicapped pupils who regularly
reside in an established, licensed children's institution or family
home and are being educated pursuant to Section 42902, as amended by
Section 1 of Chapter 1173 of the Statutes of 1977, and (2) educating
handicapped pupils in development centers for handicapped pupils
pursuant to Article 1 (commencing with Section 56800) of Chapter 6 of
Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of
1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
16201. Notwithstanding the provisions of Article 1 (commencing with
Section 16000) and Article 2 (commencing with Section 16150) of this
chapter, the obligation of any district receiving an apportionment
under this article to repay the apportionment shall not extend to
more than one-half of the amount of the apportionment.
16202. With the approval of the county superintendent of schools, a
school district may make application for an allocation under this
article. Facilities for which an apportionment is made under this
section shall be made available for use by the county superintendent
of schools until he or she ceases to conduct the classes therein or
until the superintendent of schools of a county other than the county
whose superintendent of schools approved the application made under
this section acquires jurisdiction over the location of the facility,
whichever first occurs. Not more than 50 percent of the amount of
any apportionment made pursuant to this section shall be repaid.
Repayments shall be made in the following manner: Ten percent of the
amount of the apportionment shall be subject to repayment by the
district to the extent, and in the manner prescribed in Article 1
(commencing with Section 16000) of this chapter for apportionments
other than those made pursuant to Section 16039. Forty percent of the
amount of the apportionment shall be repaid in full with interest by
the district, in the annual amounts and over the period as the board
may determine, not to exceed 20 years from the date the
apportionment became final. The county board of supervisors of the
county whose superintendent of schools conducts classes in the
facility during any fiscal year shall at the time or times within the
fiscal year as may be agreed upon between the county and the school
district, but in any case not later than the end of the fiscal year,
pay to the school district having the obligation to repay the
apportionment made under this section for the construction of the
facility, an amount equal to the amount the district is required to
repay in that fiscal year with respect to the 40 percent of the
amount of the apportionment described above.
The county board of supervisors may raise the amount required
through a general tax levy or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility other than the district having the
obligation to repay or through a combination of these.
Upon application of a school district and written approval of the
county superintendent of schools the board may amend any
apportionment previously received by a district for exceptional
children by providing that the same shall be deemed to have been made
with reference to this section, in which event all the incidents of
this section shall be deemed applicable thereto, except that only the
unpaid balance of the apportionment at the time of the amendment of
the apportionment with interest accrued to that date shall be repaid
as prescribed in this section.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he approves
the application.
16203. Not later than July 10th of each year the county
superintendent of schools of each county in which there is a school
district maintaining facilities for the education of exceptional
children which have been constructed with funds apportioned to the
district under this article shall certify to the board of supervisors
and to the county auditor of the county the total number of units of
average daily attendance of pupils enrolled in the facilities during
the next preceding fiscal year who reside in a district other than
the district maintaining the facilities. On or before July 10th of
each year the county superintendent of schools shall notify the
governing board of each affected school district of the total number
of units of average daily attendance of pupils residing in that
district who were in attendance at the facilities maintained by
another district.
16204. On or before July 20th of each year, the governing board of
a school district which has received a notification pursuant to
Section 16203, shall determine, and notify the county board of
supervisors and the county auditor, whether the amounts required to
be paid on behalf of the district under Section 16207 shall be
provided from the general fund of the district or by a special
district tax levied by the county board of supervisors.
In the event that the district notification specifies that the
amounts so required shall be provided by a special district tax, or
if no notification is made, the board of supervisors with whom the
certificate prescribed by Section 16203 is filed shall, at the time
of making the tax levy for that year for county purposes, levy a
special tax upon all taxable property in the district of residence of
each pupil enrolled in the facilities other than the district
maintaining the facilities, sufficient in amount to raise, for the
use of the facilities, the sum of one hundred sixty dollars ($160)
per unit of average daily attendance, less any amounts per unit of
the average daily attendance remaining in the county school building
aid fund from levies and collections made in any prior year and not
paid to the state pursuant to Section 16207.
16205. If the board of supervisors fails to make a district tax
levy required under Section 16204, the auditor shall make the levy.
In the event the governing board of a school district has elected
to provide from the district general fund the amounts required to be
paid on behalf of the district from the county school building aid
fund under Section 16207, the county superintendent of schools shall
order the payment to be made in the amount required from the general
fund of the district.
16206. In the event that the governing board of a school district
determines, subject to the approval of the county superintendent of
schools, that the amounts collected within the district by special
taxes levied pursuant to Section 16204 or Section 16205 and credited
to the district in the county school building aid fund are
substantially in excess of amounts required of the district for
purposes of Section 16207 for the ensuing three-year period, the
county superintendent may order the payment to the district from the
county school building aid fund of so much of the excess moneys that
he or she may deem appropriate.
16207. The county auditor shall, not later than the last Monday in
December and the last Monday in May of each year, notify the
superintendent of schools of the amount in the county school building
aid fund. Thereupon the superintendent shall draw his or her order
on the county auditor in favor of the Treasurer for the amount in the
county school building aid fund of the county, except that the total
of the orders for any year may be limited to an amount not to exceed
the total of one hundred sixty dollars ($160) for each unit of
average daily attendance during the next preceding fiscal year of
students residing in a district other than a district maintaining the
facilities. The amount shall be paid by the county treasurer and,
upon order of the Controller, shall be deposited in the State
Treasury to the credit of the State School Building Aid Fund. All
money paid to the State School Building Aid Fund under the provisions
of this section shall be available only for transfer to the General
Fund under Section 16403, as amended by Section 2 of Chapter 1373 of
the Statutes of 1992, and shall be credited to the repayment of the
apportionment of funds to the school district maintaining the
facilities.
16190. The board may make apportionments from any sum appropriated
by the Legislature at the 1952 Second Extraordinary Session and from
any state bonds heretofore or hereafter authorized by the electorate
for state school building aid, including the proceeds of bonds
authorized by Section 2 of Article XVI of the California
Constitution, for assistance to school districts in providing
necessary housing and equipment for the education of exceptional
children. All the provisions of Article 1 (commencing with Section
16000) and Article 2 (commencing with Section 16150) of this chapter,
except Sections 16007 and 16044, shall apply to this article unless
otherwise provided herein.
16191. As used in this article, "exceptional children" means
physically handicapped pupils, mentally retarded pupils,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
16192. Allocations under this article for assistance to school
districts in providing necessary housing and equipment for the
education of pupils enrolled or to be enrolled in development centers
for the handicapped may be made only to those school districts that
are authorized to operate development centers pursuant to Article 1
(commencing with Section 56800) of Chapter 6 of Part 30, as enacted
by Section 2 of Chapter 1010 of the Statutes of 1976.
16193. The State Allocation Board, in cooperation with the State
Department of Education, shall develop standards to be complied with
in the construction of housing facilities for development centers for
the handicapped with allowances provided pursuant to this article.
16194. The State Allocation Board shall establish guidelines and
procedures to be utilized in determining the eligibility of school
districts for allowances provided pursuant to this article with
respect to facilities and equipment for the education of pupils
enrolled in development centers for the handicapped. The guidelines
and procedures shall provide that in order to be eligible to receive
the allowance the school district has no existing facilities which
could be utilized for a development center for the handicapped.
16195. Allocations under this article may be made in the amount as
may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, mentally retarded, or orthopedic or who are health impaired,
multihandicapped, speech handicapped, educationally handicapped, or
enrolled in development centers for the handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to Section 56708, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding mentally retarded minors within Section 56501,
as amended by Section 58 of Chapter 1247 of the Statutes of 1977, who
reside within a district having an average daily attendance of 900
or more and which does not meet the requirements of Section 16058
concerning outstanding bonded indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
16196. Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing, mentally retarded,
orthopedic or other health-impaired, multihandicapped, and
educationally handicapped minors, pupils having speech defects or
disorders, or pupils enrolled in development centers for the
handicapped.
The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Section 1850, as enacted by Section 2 of Chapter
1010 of the Statutes of 1976, and mentally retarded minors pursuant
to Section 1880, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976. A school district may educate these minors by
agreement with a county superintendent of schools required to educate
these minors. Priority in the use of the facilities shall be given
to pupils from districts other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent or
more of the pupils in average daily attendance, as determined by the
county superintendent of schools, and served by the facilities are
not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
16197. (a) Notwithstanding any other provisions of this article to
the contrary, apportionments for the purchase of mobile classrooms
for the education of physically handicapped pupils enrolled in
integrated programs, as set forth in Part 30 (commencing with Section
56000), and for the education and therapy of speech-handicapped
pupils may, subject to the approval of the department, be made to any
school district not otherwise eligible to receive apportionments
under Article 1 (commencing with Section 16000) and Article 2
(commencing with Section 16150) for that purpose.
(b) The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Chapter 7.2 (commencing with Section 56836) of
Part 30. Mobile classrooms shall be used pursuant to an agreement
authorized by Section 41308.
(c) Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
(d) The county board of supervisors of the county whose
superintendent of schools uses mobile classrooms during any fiscal
year shall at the time or times within the fiscal year as may be
agreed upon between the county and the school district, but in any
case not later than the end of the fiscal year, pay to the school
district having the obligation to repay the apportionment made under
this section for the purchase of mobile classrooms, an amount equal
to 100 percent of the amount the district is required to repay in the
fiscal year with respect to the apportionment described above.
(e) The county board of supervisors shall raise the amount
required through a general tax levy on the property within the
participating districts, or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility including the district having the
obligation to repay, or through a combination of these.
(f) The county superintendent of schools shall notify the county
board of supervisors of his or her intention to approve a school
district's application for an allocation under this article before he
or she approves the application.
(g) The department shall prepare specifications or regulations for
the construction of mobile classrooms to provide for a useful life
of no less than 20 years.
(h) The use of mobile classrooms shall meet specifications
described by the department as they relate to the needs of the
physically handicapped pupils being served, as set forth in Chapter
7.2 (commencing with Section 56836) of Part 30.
16198. Notwithstanding any provision of law to the contrary, the
board shall control the amount of apportionments made for facilities
for exceptional children. In so controlling these apportionments the
board shall establish allowable building areas and cost standards
comparable to the building areas and costs of similar facilities
constructed by school districts which are not applicants under this
chapter.
16199. The State Department of Education may accept applications by
school districts for the construction of facilities and the purchase
of essential furniture and equipment, under a pilot project to
maintain regional programs for physically exceptional children.
The Superintendent of Public Instruction shall establish standards
with respect to the regional programs for the pilot project which
shall include, among other things, the curriculum to be offered, the
area to be served, and the supervision and instruction with respect
to the programs. Of the school district applicants which meet the
standards established, the State Department of Education may
designate not more than four school districts to receive
apportionments as part of the pilot project to maintain regional
programs for physically exceptional children.
The pilot project pursuant to this act shall begin with the
1972-1973 school year and shall terminate at the end of the 1974-1975
school year. The State Department of Education shall provide for
state evaluation of the pilot project.
With respect to school districts selected as part of the pilot
project, the State Allocation Board may approve applications and make
apportionments pursuant to Section 16196, notwithstanding that the
school district is serving a district or districts with an average
daily attendance in excess of 8,000.
In any school year in which 50 percent or more of the pupils in
average daily attendance, as determined by the county superintendent
of schools, and served by the facilities are not pupils from
districts other than the applicant district, the repayment for the
succeeding fiscal year shall be an amount which would have been
payable if the district had been required to repay 100 percent of the
apportionment over that period.
The districts participating in a pilot project may include in
interdistrict attendance agreements the cost of making repayments in
the same proportion to the total repayment as the number of pupils
enrolled from each district bears to the total number of pupils
enrolled.
16200. Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped,
mentally retarded, and educationally handicapped pupils who regularly
reside in an established, licensed children's institution or family
home and are being educated pursuant to Section 42902, as amended by
Section 1 of Chapter 1173 of the Statutes of 1977, and (2) educating
handicapped pupils in development centers for handicapped pupils
pursuant to Article 1 (commencing with Section 56800) of Chapter 6 of
Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of
1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
16201. Notwithstanding the provisions of Article 1 (commencing with
Section 16000) and Article 2 (commencing with Section 16150) of this
chapter, the obligation of any district receiving an apportionment
under this article to repay the apportionment shall not extend to
more than one-half of the amount of the apportionment.
16202. With the approval of the county superintendent of schools, a
school district may make application for an allocation under this
article. Facilities for which an apportionment is made under this
section shall be made available for use by the county superintendent
of schools until he or she ceases to conduct the classes therein or
until the superintendent of schools of a county other than the county
whose superintendent of schools approved the application made under
this section acquires jurisdiction over the location of the facility,
whichever first occurs. Not more than 50 percent of the amount of
any apportionment made pursuant to this section shall be repaid.
Repayments shall be made in the following manner: Ten percent of the
amount of the apportionment shall be subject to repayment by the
district to the extent, and in the manner prescribed in Article 1
(commencing with Section 16000) of this chapter for apportionments
other than those made pursuant to Section 16039. Forty percent of the
amount of the apportionment shall be repaid in full with interest by
the district, in the annual amounts and over the period as the board
may determine, not to exceed 20 years from the date the
apportionment became final. The county board of supervisors of the
county whose superintendent of schools conducts classes in the
facility during any fiscal year shall at the time or times within the
fiscal year as may be agreed upon between the county and the school
district, but in any case not later than the end of the fiscal year,
pay to the school district having the obligation to repay the
apportionment made under this section for the construction of the
facility, an amount equal to the amount the district is required to
repay in that fiscal year with respect to the 40 percent of the
amount of the apportionment described above.
The county board of supervisors may raise the amount required
through a general tax levy or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility other than the district having the
obligation to repay or through a combination of these.
Upon application of a school district and written approval of the
county superintendent of schools the board may amend any
apportionment previously received by a district for exceptional
children by providing that the same shall be deemed to have been made
with reference to this section, in which event all the incidents of
this section shall be deemed applicable thereto, except that only the
unpaid balance of the apportionment at the time of the amendment of
the apportionment with interest accrued to that date shall be repaid
as prescribed in this section.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he approves
the application.
16203. Not later than July 10th of each year the county
superintendent of schools of each county in which there is a school
district maintaining facilities for the education of exceptional
children which have been constructed with funds apportioned to the
district under this article shall certify to the board of supervisors
and to the county auditor of the county the total number of units of
average daily attendance of pupils enrolled in the facilities during
the next preceding fiscal year who reside in a district other than
the district maintaining the facilities. On or before July 10th of
each year the county superintendent of schools shall notify the
governing board of each affected school district of the total number
of units of average daily attendance of pupils residing in that
district who were in attendance at the facilities maintained by
another district.
16204. On or before July 20th of each year, the governing board of
a school district which has received a notification pursuant to
Section 16203, shall determine, and notify the county board of
supervisors and the county auditor, whether the amounts required to
be paid on behalf of the district under Section 16207 shall be
provided from the general fund of the district or by a special
district tax levied by the county board of supervisors.
In the event that the district notification specifies that the
amounts so required shall be provided by a special district tax, or
if no notification is made, the board of supervisors with whom the
certificate prescribed by Section 16203 is filed shall, at the time
of making the tax levy for that year for county purposes, levy a
special tax upon all taxable property in the district of residence of
each pupil enrolled in the facilities other than the district
maintaining the facilities, sufficient in amount to raise, for the
use of the facilities, the sum of one hundred sixty dollars ($160)
per unit of average daily attendance, less any amounts per unit of
the average daily attendance remaining in the county school building
aid fund from levies and collections made in any prior year and not
paid to the state pursuant to Section 16207.
16205. If the board of supervisors fails to make a district tax
levy required under Section 16204, the auditor shall make the levy.
In the event the governing board of a school district has elected
to provide from the district general fund the amounts required to be
paid on behalf of the district from the county school building aid
fund under Section 16207, the county superintendent of schools shall
order the payment to be made in the amount required from the general
fund of the district.
16206. In the event that the governing board of a school district
determines, subject to the approval of the county superintendent of
schools, that the amounts collected within the district by special
taxes levied pursuant to Section 16204 or Section 16205 and credited
to the district in the county school building aid fund are
substantially in excess of amounts required of the district for
purposes of Section 16207 for the ensuing three-year period, the
county superintendent may order the payment to the district from the
county school building aid fund of so much of the excess moneys that
he or she may deem appropriate.
16207. The county auditor shall, not later than the last Monday in
December and the last Monday in May of each year, notify the
superintendent of schools of the amount in the county school building
aid fund. Thereupon the superintendent shall draw his or her order
on the county auditor in favor of the Treasurer for the amount in the
county school building aid fund of the county, except that the total
of the orders for any year may be limited to an amount not to exceed
the total of one hundred sixty dollars ($160) for each unit of
average daily attendance during the next preceding fiscal year of
students residing in a district other than a district maintaining the
facilities. The amount shall be paid by the county treasurer and,
upon order of the Controller, shall be deposited in the State
Treasury to the credit of the State School Building Aid Fund. All
money paid to the State School Building Aid Fund under the provisions
of this section shall be available only for transfer to the General
Fund under Section 16403, as amended by Section 2 of Chapter 1373 of
the Statutes of 1992, and shall be credited to the repayment of the
apportionment of funds to the school district maintaining the
facilities.
16190. The board may make apportionments from any sum appropriated
by the Legislature at the 1952 Second Extraordinary Session and from
any state bonds heretofore or hereafter authorized by the electorate
for state school building aid, including the proceeds of bonds
authorized by Section 2 of Article XVI of the California
Constitution, for assistance to school districts in providing
necessary housing and equipment for the education of exceptional
children. All the provisions of Article 1 (commencing with Section
16000) and Article 2 (commencing with Section 16150) of this chapter,
except Sections 16007 and 16044, shall apply to this article unless
otherwise provided herein.
16191. As used in this article, "exceptional children" means
physically handicapped pupils, mentally retarded pupils,
educationally handicapped pupils, multihandicapped pupils, or pupils
enrolled in development centers for the handicapped required or
allowed to be educated pursuant to Part 30 (commencing with Section
56000).
16192. Allocations under this article for assistance to school
districts in providing necessary housing and equipment for the
education of pupils enrolled or to be enrolled in development centers
for the handicapped may be made only to those school districts that
are authorized to operate development centers pursuant to Article 1
(commencing with Section 56800) of Chapter 6 of Part 30, as enacted
by Section 2 of Chapter 1010 of the Statutes of 1976.
16193. The State Allocation Board, in cooperation with the State
Department of Education, shall develop standards to be complied with
in the construction of housing facilities for development centers for
the handicapped with allowances provided pursuant to this article.
16194. The State Allocation Board shall establish guidelines and
procedures to be utilized in determining the eligibility of school
districts for allowances provided pursuant to this article with
respect to facilities and equipment for the education of pupils
enrolled in development centers for the handicapped. The guidelines
and procedures shall provide that in order to be eligible to receive
the allowance the school district has no existing facilities which
could be utilized for a development center for the handicapped.
16195. Allocations under this article may be made in the amount as
may be necessary, and in the manner as to distribute the available
funds equitably among school districts, giving consideration to the
needs of each district and the number of children within each
district who are blind, partially seeing, aphasic, deaf, hard of
hearing, mentally retarded, or orthopedic or who are health impaired,
multihandicapped, speech handicapped, educationally handicapped, or
enrolled in development centers for the handicapped.
In computing the number of those children, there shall be included
all of the following:
(a) The number of them residing in the district.
(b) The number of handicapped minors who are actually living
within the district five or more days a week, although their legal
residence may be outside the district and who are educated pursuant
to Section 56708, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976.
(c) The number of them who reside outside of the district, except
those described in subdivision (b), and who are to be educated by the
district, excluding mentally retarded minors within Section 56501,
as amended by Section 58 of Chapter 1247 of the Statutes of 1977, who
reside within a district having an average daily attendance of 900
or more and which does not meet the requirements of Section 16058
concerning outstanding bonded indebtedness.
Allocations for housing and equipment for minors having speech
defects or disorders shall be allowed in new schools constructed
after July 1, 1968, and in existing schools constructed between July
1, 1933, and July 1, 1968. The housing and equipment shall be
designed and provided to permit their utilization for remedial and
other special services including speech therapy, speech reading
(lipreading), and auditory training for the speech and hearing
handicapped, screening and testing for speech and hearing defects, or
both, psychological testing of exceptional children, subject matter
tutoring of exceptional children, and other specialized activities
required by these children. In addition to the maximum building area
allowances provided in Sections 16047, 16052, 16053, and 16054, not
more than an additional 200 square feet of building area shall be
allowed for each new school so planned and constructed.
Each existing school, constructed between July 1, 1933, and July
1, 1968, shall be allowed not more than an additional 200 square feet
of building area only for construction thereon of a new speech
facility. At the option of the applicant district, the board may
allocate funds to convert existing facilities or to provide a
combination of new construction and conversion of existing facilities
to provide housing for minors having speech defects or disorders,
provided the cost of the conversion or combination of new
construction and conversion does not exceed the computed cost for 200
square feet of new classroom construction based upon cost standards
adopted by the board. At the further option of the applicant
district, and in lieu of new building construction or conversion, the
board may allocate funds for the acquisition of mobile speech
therapy facilities, provided the cost of the mobile facilities does
not exceed the combined computed cost for 200 square feet of new
classroom construction, based upon cost standards adopted by the
board, at all schools which will be served by the mobile facility.
16196. Notwithstanding any provisions of this article to the
contrary, apportionments for the construction of facilities and the
purchase of essential furniture and equipment for the education of
exceptional children may, subject to the approval of the State
Department of Education, be made to any school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) of this chapter, for the education of blind, partially
seeing, aphasic, deaf, hard-of-hearing, mentally retarded,
orthopedic or other health-impaired, multihandicapped, and
educationally handicapped minors, pupils having speech defects or
disorders, or pupils enrolled in development centers for the
handicapped.
The State Department of Education may approve applications in
those situations where the facilities will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Section 1850, as enacted by Section 2 of Chapter
1010 of the Statutes of 1976, and mentally retarded minors pursuant
to Section 1880, as enacted by Section 2 of Chapter 1010 of the
Statutes of 1976. A school district may educate these minors by
agreement with a county superintendent of schools required to educate
these minors. Priority in the use of the facilities shall be given
to pupils from districts other than the applicant district.
Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in the annual amounts
and at the interest rate over the period as the State Allocation
Board may determine, not to exceed 20 years from the date the
apportionment became final. In any school year in which 50 percent or
more of the pupils in average daily attendance, as determined by the
county superintendent of schools, and served by the facilities are
not pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
The county board of supervisors of the county whose superintendent
of schools conducts classes in the facility during any fiscal year
shall at that time or times within the fiscal year that may be agreed
upon between the county and the school district, but in any case not
later than the end of the fiscal year, pay to the school district
having the obligation to repay the apportionment made under this
section for the construction of the facility, an amount equal to 80
percent of the amount the district is required to repay in the fiscal
year with respect to the apportionment described above.
The county board of supervisors shall raise the amount required
through a general tax levy on the property within the participating
districts, or through a tuition charge not to exceed one hundred
sixty dollars ($160) a year per pupil by the county superintendent of
schools to the school districts of residence of pupils attending the
facility other than the district having the obligation to repay, or
through a combination of these.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he or she
approves the application.
16197. (a) Notwithstanding any other provisions of this article to
the contrary, apportionments for the purchase of mobile classrooms
for the education of physically handicapped pupils enrolled in
integrated programs, as set forth in Part 30 (commencing with Section
56000), and for the education and therapy of speech-handicapped
pupils may, subject to the approval of the department, be made to any
school district not otherwise eligible to receive apportionments
under Article 1 (commencing with Section 16000) and Article 2
(commencing with Section 16150) for that purpose.
(b) The State Department of Education may approve applications in
those situations where mobile classrooms will be used by a county
superintendent of schools required to educate physically handicapped
minors pursuant to Chapter 7.2 (commencing with Section 56836) of
Part 30. Mobile classrooms shall be used pursuant to an agreement
authorized by Section 41308.
(c) Except as otherwise provided in this section, not more than 50
percent of the amount of any apportionment made pursuant to this
section shall be repaid. Repayments shall be made in the following
manner: Fifty percent of the amount of the apportionment shall be
repaid in full with interest by the district, in annual amounts and
at an interest rate over the period as the State Allocation Board may
determine, not to exceed 20 years from the date the apportionment
became final. In any school year in which 50 percent or more of the
pupils in average daily attendance, as determined by the county
superintendent of schools, and served by the facilities are not
pupils from districts other than the applicant district, the
repayment for the succeeding fiscal year shall be an amount which
would have been payable if the district had been required to repay
100 percent of the apportionment over that period.
(d) The county board of supervisors of the county whose
superintendent of schools uses mobile classrooms during any fiscal
year shall at the time or times within the fiscal year as may be
agreed upon between the county and the school district, but in any
case not later than the end of the fiscal year, pay to the school
district having the obligation to repay the apportionment made under
this section for the purchase of mobile classrooms, an amount equal
to 100 percent of the amount the district is required to repay in the
fiscal year with respect to the apportionment described above.
(e) The county board of supervisors shall raise the amount
required through a general tax levy on the property within the
participating districts, or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility including the district having the
obligation to repay, or through a combination of these.
(f) The county superintendent of schools shall notify the county
board of supervisors of his or her intention to approve a school
district's application for an allocation under this article before he
or she approves the application.
(g) The department shall prepare specifications or regulations for
the construction of mobile classrooms to provide for a useful life
of no less than 20 years.
(h) The use of mobile classrooms shall meet specifications
described by the department as they relate to the needs of the
physically handicapped pupils being served, as set forth in Chapter
7.2 (commencing with Section 56836) of Part 30.
16198. Notwithstanding any provision of law to the contrary, the
board shall control the amount of apportionments made for facilities
for exceptional children. In so controlling these apportionments the
board shall establish allowable building areas and cost standards
comparable to the building areas and costs of similar facilities
constructed by school districts which are not applicants under this
chapter.
16199. The State Department of Education may accept applications by
school districts for the construction of facilities and the purchase
of essential furniture and equipment, under a pilot project to
maintain regional programs for physically exceptional children.
The Superintendent of Public Instruction shall establish standards
with respect to the regional programs for the pilot project which
shall include, among other things, the curriculum to be offered, the
area to be served, and the supervision and instruction with respect
to the programs. Of the school district applicants which meet the
standards established, the State Department of Education may
designate not more than four school districts to receive
apportionments as part of the pilot project to maintain regional
programs for physically exceptional children.
The pilot project pursuant to this act shall begin with the
1972-1973 school year and shall terminate at the end of the 1974-1975
school year. The State Department of Education shall provide for
state evaluation of the pilot project.
With respect to school districts selected as part of the pilot
project, the State Allocation Board may approve applications and make
apportionments pursuant to Section 16196, notwithstanding that the
school district is serving a district or districts with an average
daily attendance in excess of 8,000.
In any school year in which 50 percent or more of the pupils in
average daily attendance, as determined by the county superintendent
of schools, and served by the facilities are not pupils from
districts other than the applicant district, the repayment for the
succeeding fiscal year shall be an amount which would have been
payable if the district had been required to repay 100 percent of the
apportionment over that period.
The districts participating in a pilot project may include in
interdistrict attendance agreements the cost of making repayments in
the same proportion to the total repayment as the number of pupils
enrolled from each district bears to the total number of pupils
enrolled.
16200. Notwithstanding any provisions of this article to the
contrary, the board may make apportionments to school districts not
otherwise eligible to receive apportionments under Article 1
(commencing with Section 16000) and Article 2 (commencing with
Section 16150) for the construction of special education facilities
and the purchase of essential furniture and equipment for the purpose
of either or both (1) educating those physically handicapped,
mentally retarded, and educationally handicapped pupils who regularly
reside in an established, licensed children's institution or family
home and are being educated pursuant to Section 42902, as amended by
Section 1 of Chapter 1173 of the Statutes of 1977, and (2) educating
handicapped pupils in development centers for handicapped pupils
pursuant to Article 1 (commencing with Section 56800) of Chapter 6 of
Part 30, as enacted by Section 2 of Chapter 1010 of the Statutes of
1976.
Only 50 percent of any amounts allocated and disbursed to a
district under this section shall be repaid by the district. Each
disbursement shall be repaid in 20 equal annual installments,
including interest as determined by the board, and shall be computed
and withheld by the Controller. The first computation of repayment of
any disbursement shall be made in the fiscal year following the
disbursement and shall during the next fiscal year be deducted in
equal amounts from the February, March, April, and May installments
of the apportionment made to the district from the State School Fund
under Sections 41330 to 41343, inclusive, and Sections 41600 to
41972, inclusive.
16201. Notwithstanding the provisions of Article 1 (commencing with
Section 16000) and Article 2 (commencing with Section 16150) of this
chapter, the obligation of any district receiving an apportionment
under this article to repay the apportionment shall not extend to
more than one-half of the amount of the apportionment.
16202. With the approval of the county superintendent of schools, a
school district may make application for an allocation under this
article. Facilities for which an apportionment is made under this
section shall be made available for use by the county superintendent
of schools until he or she ceases to conduct the classes therein or
until the superintendent of schools of a county other than the county
whose superintendent of schools approved the application made under
this section acquires jurisdiction over the location of the facility,
whichever first occurs. Not more than 50 percent of the amount of
any apportionment made pursuant to this section shall be repaid.
Repayments shall be made in the following manner: Ten percent of the
amount of the apportionment shall be subject to repayment by the
district to the extent, and in the manner prescribed in Article 1
(commencing with Section 16000) of this chapter for apportionments
other than those made pursuant to Section 16039. Forty percent of the
amount of the apportionment shall be repaid in full with interest by
the district, in the annual amounts and over the period as the board
may determine, not to exceed 20 years from the date the
apportionment became final. The county board of supervisors of the
county whose superintendent of schools conducts classes in the
facility during any fiscal year shall at the time or times within the
fiscal year as may be agreed upon between the county and the school
district, but in any case not later than the end of the fiscal year,
pay to the school district having the obligation to repay the
apportionment made under this section for the construction of the
facility, an amount equal to the amount the district is required to
repay in that fiscal year with respect to the 40 percent of the
amount of the apportionment described above.
The county board of supervisors may raise the amount required
through a general tax levy or through a tuition charge not to exceed
one hundred sixty dollars ($160) a year per pupil by the county
superintendent of schools to the school districts of residence of
pupils attending the facility other than the district having the
obligation to repay or through a combination of these.
Upon application of a school district and written approval of the
county superintendent of schools the board may amend any
apportionment previously received by a district for exceptional
children by providing that the same shall be deemed to have been made
with reference to this section, in which event all the incidents of
this section shall be deemed applicable thereto, except that only the
unpaid balance of the apportionment at the time of the amendment of
the apportionment with interest accrued to that date shall be repaid
as prescribed in this section.
The county superintendent of schools shall notify the county board
of supervisors of his or her intention to approve a school district'
s application for an allocation under this article before he approves
the application.
16203. Not later than July 10th of each year the county
superintendent of schools of each county in which there is a school
district maintaining facilities for the education of exceptional
children which have been constructed with funds apportioned to the
district under this article shall certify to the board of supervisors
and to the county auditor of the county the total number of units of
average daily attendance of pupils enrolled in the facilities during
the next preceding fiscal year who reside in a district other than
the district maintaining the facilities. On or before July 10th of
each year the county superintendent of schools shall notify the
governing board of each affected school district of the total number
of units of average daily attendance of pupils residing in that
district who were in attendance at the facilities maintained by
another district.
16204. On or before July 20th of each year, the governing board of
a school district which has received a notification pursuant to
Section 16203, shall determine, and notify the county board of
supervisors and the county auditor, whether the amounts required to
be paid on behalf of the district under Section 16207 shall be
provided from the general fund of the district or by a special
district tax levied by the county board of supervisors.
In the event that the district notification specifies that the
amounts so required shall be provided by a special district tax, or
if no notification is made, the board of supervisors with whom the
certificate prescribed by Section 16203 is filed shall, at the time
of making the tax levy for that year for county purposes, levy a
special tax upon all taxable property in the district of residence of
each pupil enrolled in the facilities other than the district
maintaining the facilities, sufficient in amount to raise, for the
use of the facilities, the sum of one hundred sixty dollars ($160)
per unit of average daily attendance, less any amounts per unit of
the average daily attendance remaining in the county school building
aid fund from levies and collections made in any prior year and not
paid to the state pursuant to Section 16207.
16205. If the board of supervisors fails to make a district tax
levy required under Section 16204, the auditor shall make the levy.
In the event the governing board of a school district has elected
to provide from the district general fund the amounts required to be
paid on behalf of the district from the county school building aid
fund under Section 16207, the county superintendent of schools shall
order the payment to be made in the amount required from the general
fund of the district.
16206. In the event that the governing board of a school district
determines, subject to the approval of the county superintendent of
schools, that the amounts collected within the district by special
taxes levied pursuant to Section 16204 or Section 16205 and credited
to the district in the county school building aid fund are
substantially in excess of amounts required of the district for
purposes of Section 16207 for the ensuing three-year period, the
county superintendent may order the payment to the district from the
county school building aid fund of so much of the excess moneys that
he or she may deem appropriate.
16207. The county auditor shall, not later than the last Monday in
December and the last Monday in May of each year, notify the
superintendent of schools of the amount in the county school building
aid fund. Thereupon the superintendent shall draw his or her order
on the county auditor in favor of the Treasurer for the amount in the
county school building aid fund of the county, except that the total
of the orders for any year may be limited to an amount not to exceed
the total of one hundred sixty dollars ($160) for each unit of
average daily attendance during the next preceding fiscal year of
students residing in a district other than a district maintaining the
facilities. The amount shall be paid by the county treasurer and,
upon order of the Controller, shall be deposited in the State
Treasury to the credit of the State School Building Aid Fund. All
money paid to the State School Building Aid Fund under the provisions
of this section shall be available only for transfer to the General
Fund under Section 16403, as amended by Section 2 of Chapter 1373 of
the Statutes of 1992, and shall be credited to the repayment of the
apportionment of funds to the school district maintaining the
facilities.
