Article 2. Maintenance, Amount And Manner Of Drawing Warrants of California Education Code >> Division 1. >> Title 1. >> Part 9. >> Chapter 1. >> Article 2.
The Controller shall keep a separate account of the State
School Fund, and of the interest and income thereof, together with
such money as is raised by special tax or otherwise for school
purposes.
(a) The Controller shall draw warrants on the State Treasury
in favor of the county treasurer of each county in each month of
each year in the amounts and manner prescribed in this section so as
to provide in each warrant a portion of the total amount certified by
the Superintendent as apportioned under the provisions of Sections
41330 to 41343, inclusive, and Chapter 4 (commencing with Section
41600) and Chapter 5 (commencing with Section 41760.2) and Article 2
(commencing with Section 42238) of Chapter 7 of Part 24 of Division 3
of Title 2, during the fiscal year from the State School Fund to the
school districts under the jurisdiction of the county superintendent
of schools of the county, to the county school service fund, and to
the county school tuition fund of the county.
(1) Warrants for amounts allowed to county school service funds
under subdivisions (a) and (b) of Section 14054 shall be for amounts
equal to 5 percent in July, 5 percent in August, and 9 percent in
each remaining month of the fiscal year of the amounts certified by
the Superintendent as a part of the advance apportionment.
(2) Warrants for amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county school tuition funds
shall be for amounts equal to 5 percent in July, 5 percent in August,
and 9 percent in September, October, November, December, and
January, of the amounts certified by the Superintendent as a part of
the advance apportionment.
(3) Warrants in the months of February to May, inclusive, shall be
for amounts equal to one-fifth of the difference between the amounts
certified by the Superintendent for school districts and county
school service funds for classes maintained by county superintendents
of schools and county school tuition funds as the first principal
apportionment and the amounts required by paragraph (2).
(4) Warrants for the month of June shall be for amounts equal to
the difference between the amounts certified by the Superintendent
for school districts and county school service funds for classes
maintained by county superintendents of schools and county school
tuition funds as the second principal apportionment and the amounts
required by paragraphs (2) and (3).
(5) Warrants in the months of July and August shall include 5
percent of the estimated total amounts of the special purpose
apportionment, as determined by the Superintendent. Warrants in the
months of September to November, inclusive, shall include 9 percent
of the estimated total amounts of the special purpose apportionment,
as determined by the Superintendent. Warrants in December shall
include 9 percent of the amounts certified by the Superintendent as
the special purpose apportionment, as adjusted, if necessary, to
correct excesses or deficiencies in the estimates made for purposes
of the warrants in the months of September to November, inclusive. An
additional 9 percent of the amounts of the special purpose
apportionment shall be included in the warrants for the months from
January to June, inclusive.
(6) Warrants in June shall include the total amounts certified by
the Superintendent as the final apportionment.
(7) Notwithstanding paragraph (2) to the contrary, for school
districts that reported less than 5,000 units of average daily
attendance in the 1979-80 fiscal year and that received 39 percent or
more, but less than 75 percent, of their total revenue limits from
local property taxes in that fiscal year, warrants for amounts
apportioned to the school districts shall be for amounts equal to 15
percent in July, August, September, and October; zero percent in
November and December; and 6 percent in January of the amounts
certified by the Superintendent as a part of the advance
apportionment. Warrants for amounts apportioned to the school
districts for the months of February to May, inclusive, shall be in
accordance with paragraph (3), and for the month of June, shall be in
accordance with paragraph (4).
(8) Notwithstanding paragraph (2) or (7) to the contrary, for
school districts which reported less than 5,000 units of average
daily attendance in the 1979-80 fiscal year and which received 75
percent or more of their total revenue limits from local property
taxes in that fiscal year, warrants for amounts apportioned to the
school districts shall be for amounts equal to 15 percent in July; 30
percent in August and September; 15 percent in October; zero percent
in November and December; 6 percent in January; and zero percent in
February, March, April, and May, of the amounts certified by the
Superintendent as a part of the advance apportionment. Warrants for
the month of June shall be in accordance with paragraph (4).
(9) (A) Notwithstanding any other law, for the 2012-13 fiscal year
only, for purposes of warrants drawn on the State Treasury pursuant
to this section, the amount certified by the Superintendent as the
advance apportionment and first principal apportionment shall include
the following reduction:
(i) The Superintendent shall multiply six billion nine hundred
twenty-one million five hundred twenty-two thousand dollars
($6,921,522,000) by the ratio of the revenue limit or charter school
general purposes funding for each county office of education, school
district, or charter school, to the statewide total of revenue limit
and charter school general purpose funding.
(ii) For each county office of education, school district, or
charter school, the Superintendent shall subtract the amount
calculated in clause (i) from the apportionments calculated pursuant
to Sections 2558, 42238, and 47633.
(B) Notwithstanding any other law, for the 2012-13 fiscal year,
the Superintendent shall delay the second principal apportionment
calculated pursuant to Section 41335 from July 2, 2013, to July 15,
2013, to account for all revenues remitted to school districts and
county offices of education pursuant to subparagraph (B) of paragraph
(3) of subdivision (e) of Section 36 of Article XIII of the
California Constitution. The Superintendent shall ensure that the
second principal apportionment calculated pursuant to Section 41335
accounts for the difference between the amount distributed pursuant
to subparagraph (B) of paragraph (3) of subdivision (e) of Section 36
of Article XIII of the California Constitution and the offsets
listed in subparagraph (A). Nothing in this section shall delay the
payment of warrants to school districts and county offices of
education 10 days before the close of the state's fiscal year
pursuant to subparagraph (B) of paragraph (3) of subdivision (e) of
Section 36 of Article XIII of the California Constitution.
(10) Notwithstanding paragraph (1), (3), or (7), for the 2012-13
fiscal year only, the Superintendent shall reduce the June warrants
for any amounts received pursuant to Sections 34179.5 and 34179.6 of
the Health and Safety Code. This reduction shall constitute the
entire amount distributed pursuant to Sections 34179.5 and 34179.6 of
the Health and Safety Code and offset pursuant to subparagraph (B)
of paragraph (6) of subdivision (h) of Section 42238, paragraph (6)
of subdivision (c) of Section 2558, and Section 56836.08.
(b) The drawing of the warrants required to be drawn during any
one of the months mentioned may be postponed by the Controller for
not to exceed 30 days, but the total amounts due the several counties
during any fiscal year shall be paid within the fiscal year. The
warrants shall be paid by the Treasurer from the State School Fund
and are not subject to Section 925.6 of the Government Code.
(c) This section shall become inoperative on December 15, 2012,
and, as of January 1, 2013, is repealed, only if the Schools and
Local Public Safety Protection Act of 2012 (Attorney General
reference number 12-0009) is not approved by the voters at the
November 6, 2012, statewide general election, or if the provisions of
that act that modify personal income tax rates do not become
operative due to a conflict with another initiative measure that is
approved at the same election and receives a greater number of
affirmative votes.
(a) Except as provided pursuant to subdivision (b),
notwithstanding paragraphs (1) and (2) of subdivision (a) and
subdivision (b) of Section 14041, for the 2008-09 fiscal year only:
(1) Warrants for amounts allowed to the county school service
funds under subdivisions (a) and (b) of Section 14054 shall be for
amounts equal to 0.9 percent in July, 12 percent in August, 15.1
percent in September, and 8 percent in each remaining month of the
fiscal year of the amounts certified by the Superintendent as a part
of the advance apportionment.
(2) Warrants for amounts apportioned to school districts and
county school service funds for classes maintained by county
superintendents of schools and to the county school tuition funds
shall be for amounts equal to 0.9 percent in July, 12 percent in
August, 13.1 percent in September, and 8 percent in October,
November, December, and January, of the amounts certified by the
Superintendent as a part of the advance apportionment.
(b) Notwithstanding subdivision (a) and subject to the approval of
the Director of Finance, the Controller shall issue warrants
pursuant to Section 14041 that include the full amount of the
apportionment payments for the month of July for a local educational
agency for which the county superintendent of schools certifies to
the Superintendent of Public Instruction and to the Director of
Finance on or before May 15, 2008, that the deferral of warrants
pursuant to subdivision (a) will result in qualifying the local
educational agency for an emergency apportionment pursuant to Article
2 (commencing with Section 41320) of Chapter 3 of Part 24 of
Division 3 of Title 2.
(a) Notwithstanding subdivision (a) of Section 14041, for
the 2002-03 fiscal year to the 2013-14 fiscal year, inclusive,
warrants for the principal apportionments for the month of June
instead shall be drawn in July of the same calendar year pursuant to
the certification made pursuant to Section 41335.
(b) Except as provided in subdivisions (c) and (d), for purposes
of making the computations required by Section 8 of Article XVI of
the California Constitution, the warrants drawn pursuant to
subdivision (a) shall be deemed to be "General Fund revenues
appropriated to school districts," as defined in subdivision (c) of
Section 41202 for the fiscal year in which the warrants are drawn and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
(c) For the 2003-04 school year, the amount of apportionments for
revenue limits computed pursuant to Section 42238 from any of the
apportionments made pursuant to Section 14041 that are deemed
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202 for the following fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the 2004-05 fiscal year shall be seven
hundred twenty-six million two hundred seventy thousand dollars
($726,270,000). Any amount in excess of seven hundred twenty-six
million two hundred seventy thousand dollars ($726,270,000) that is
apportioned in July of 2004 is deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the 2003-04 fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the 2003-04 fiscal year.
(d) For the 2004-05 school year to the 2007-08 school year,
inclusive, the amount of apportionments for revenue limits computed
pursuant to Section 42238 from any of the apportionments made
pursuant to Section 14041 that are deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the following fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the following fiscal year shall be seven hundred fifteen million
one hundred eighteen thousand dollars ($715,118,000). Any amount in
excess of seven hundred fifteen million one hundred eighteen thousand
dollars ($715,118,000) that is apportioned in July of any year is
deemed "General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202 for the prior fiscal year
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202, for the prior fiscal year.
(e) For the 2008-09 school year to the 2013-14 school year,
inclusive, the amount of apportionments for revenue limits computed
pursuant to Section 42238 from any of the apportionments made
pursuant to Section 14041 that are deemed "General Fund revenues
appropriated for school districts," as defined in subdivision (c) of
Section 41202 for the following fiscal year and included within the
"total allocations to school districts and community college
districts from General Fund proceeds of taxes appropriated pursuant
to Article XIII B" as defined in subdivision (e) of Section 41202,
for the following fiscal year shall be one billion one hundred one
million six hundred fifty-five thousand dollars ($1,101,655,000). Any
amount in excess of one billion one hundred one million six hundred
fifty-five thousand dollars ($1,101,655,000) that is apportioned in
July of any year is deemed "General Fund revenues appropriated for
school districts," as defined in subdivision (c) of Section 41202 for
the prior fiscal year and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B" as defined
in subdivision (e) of Section 41202, for the prior fiscal year.
(a) Notwithstanding subdivision (a) of Section 14041, or
any other law, for the 2008-09 fiscal year, warrants for the
principal apportionments for the month of February in the amount of
two billion dollars ($2,000,000,000) instead shall be drawn in July
of the same calendar year pursuant to the certification made pursuant
to Section 41339.
(b) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2009-10 fiscal year, warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000) instead shall be drawn in July of the same
calendar year and warrants for the month of April in the amount of
six hundred seventy-eight million six hundred eleven thousand dollars
($678,611,000) and for the month of May in the amount of one billion
dollars ($1,000,000,000) instead shall be drawn in August pursuant
to the certification made pursuant to Section 41339.
(c) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2010-11 fiscal year, warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000), for the month of April in the amount of
four hundred nineteen million twenty thousand dollars ($419,020,000),
for the month of May in the amount of eight hundred million dollars
($800,000,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of April in the
amount of six hundred seventy-eight million six hundred eleven
thousand dollars ($678,611,000) and for the month of May in the
amount of one billion dollars ($1,000,000,000) instead shall be drawn
in August pursuant to the certification made pursuant to Section
41339.
(d) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2011-12 fiscal year, warrants for the principal
apportionments for the month of February in the amount of two billion
dollars ($2,000,000,000), for the month of April in the amount of
four hundred nineteen million twenty thousand dollars ($419,020,000),
for the month of May in the amount of eight hundred million dollars
($800,000,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of March in the
amount of one billion three hundred million dollars ($1,300,000,000)
and for the month of April in the amount of one billion four hundred
forty-two million four hundred five thousand dollars
($1,442,405,000) and for the month of May in the amount of one
billion dollars ($1,000,000,000) instead shall be drawn in August
pursuant to the certification made pursuant to Section 41339.
(e) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2012-13 fiscal year, warrants for the principal
apportionments for the month of February in the amount of five
hundred thirty-one million seven hundred twenty thousand dollars
($531,720,000), for the month of April in the amount of five hundred
ninety-four million seven hundred forty-eight thousand dollars
($594,748,000), for the month of May in the amount of one billion
nine hundred seventy-six million seven hundred one thousand dollars
($1,976,701,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year and warrants for the month of March in the
amount of one billion twenty-nine million four hundred ninety-three
thousand dollars ($1,029,493,000) and for the month of April in the
amount of seven hundred sixty-three million seven hundred ninety-four
thousand dollars ($763,794,000) instead shall be drawn in August
pursuant to the certification made pursuant to Section 41339.
(f) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2013-14 fiscal year, warrants for the principal
apportionments for the month of April in the amount of nine hundred
seventeen million five hundred forty-two thousand dollars
($917,542,000), for the month of May in the amount of two billion one
hundred fifty-two million four hundred thirty thousand dollars
($2,152,430,000), and for the month of June in the amount of five
hundred million dollars ($500,000,000) instead shall be drawn in July
of the same calendar year pursuant to the certification made
pursuant to Section 41339.
(g) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2013-14 fiscal year, warrants for the principal
apportionments for the month of May in the amount of two hundred
million dollars ($200,000,000) and for the month of June in the
amount of six hundred ninety-nine million four hundred seventy-three
thousand dollars ($699,473,000) instead shall be drawn in July of the
same calendar year pursuant to the certification made pursuant to
Section 41339. The Superintendent shall allocate this deferred amount
and repayment to local educational agencies based on their
proportionate share of funding appropriated to local educational
agencies pursuant to Section 92 of Chapter 38 of the Statutes of
2012.
(h) Notwithstanding subdivision (a) of Section 14041, or any other
law, for the 2014-15 fiscal year, warrants for the principal
apportionments for the month of June in the amount of eight hundred
ninety-seven million one hundred eighty-four thousand dollars
($897,184,000) instead shall be drawn in July of the same calendar
year pursuant to the certification made pursuant to Section 41339.
(i) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivisions (a) to (h), inclusive, shall be deemed to be
"General Fund revenues appropriated for school districts," as
defined in subdivision (c) of Section 41202, for the fiscal year in
which the warrants are drawn and included within the "total
allocations to school districts and community college districts from
General Fund proceeds of taxes appropriated pursuant to Article XIII
B," as defined in subdivision (e) of Section 41202, for the fiscal
year in which the warrants are drawn.
(j) Notwithstanding subdivision (i), for purposes of making the
computations required by Section 8 of Article XVI of the California
Constitution, one billion five hundred ninety million four hundred
forty-nine thousand dollars ($1,590,449,000) of the warrants drawn in
August of 2013 pursuant to subdivision (e) shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202, for the 2012-13 fiscal year,
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the 2012-13 fiscal year.
(k) Notwithstanding subdivision (i) of this section and
subdivision (e) of Section 14041.5, for purposes of making the
computations required by Section 8 of Article XVI of the California
Constitution, one billion two hundred ninety-four million seven
hundred twenty thousand dollars ($1,294,720,000) of the warrants
drawn in July 2014 pursuant to subdivisions (f) and (g) of this
section and subdivision (e) of Section 14041.5 shall be deemed to be
"General Fund revenues appropriated for school districts," as defined
in subdivision (c) of Section 41202, for the 2012-13 fiscal year,
and included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the 2012-13 fiscal year.
(l) Notwithstanding subdivision (i) of this section and
subdivision (e) of Section 14041.5, for purposes of making the
computations required by Section 8 of Article XVI of the California
Constitution, two billion seven hundred eighty million five hundred
twenty-six thousand dollars ($2,780,526,000) of the warrants drawn in
July 2014 pursuant to subdivisions (f) and (g) of this section and
subdivision (e) of Section 14041.5 shall be deemed to be "General
Fund revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202, for the 2013-14 fiscal year, and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the 2013-14 fiscal year.
(a) Notwithstanding subdivision (a) of Section 14041.6,
for the 2010-11 fiscal year only, warrants for the principal
apportionments for the month of February in the amount of twenty-four
million seven hundred thousand dollars ($24,700,000) instead shall
be drawn in July of the same calendar year pursuant to the
certification made pursuant to Section 41339.
(b) Notwithstanding subdivision (a) of Section 14041.6, for the
2010-11 fiscal year only, warrants for the principal apportionments
for the month of February in the amount of one billion four hundred
five million five hundred thousand dollars ($1,405,500,000) instead
shall be drawn in August of the same calendar year pursuant to the
certification made pursuant to Section 41339.
(c) Notwithstanding subdivision (a) of Section 14041.6, for the
2010-11 fiscal year only, warrants for the principal apportionments
for the month of February in the amount of five hundred sixty-nine
million eight hundred thousand dollars ($569,800,000) instead shall
be drawn in September of the same calendar year pursuant to the
certification made pursuant to Section 41339.
(d) Notwithstanding subdivision (c) of Section 14041.6, for the
2010-11 fiscal year only, warrants for the principal apportionments
for the month of April in the amount of four hundred nineteen million
twenty thousand dollars ($419,020,000) instead shall be drawn in
September of the same calendar year pursuant to the certification
made pursuant to Section 41339.
(e) Notwithstanding subdivision (c) of Section 14041.6, for the
2010-11 fiscal year only, warrants for the principal apportionments
for the month of May in the amount of eight hundred million dollars
($800,000,000) instead shall be drawn in September of the same
calendar year pursuant to the certification made pursuant to Section
41339.
(a) Commencing with the 2010-11 fiscal year, up to one
hundred million dollars ($100,000,000) of the amount of the warrants
for the principal apportionments for the month of June, that are
instead to be drawn in July pursuant to Section 14041.5, may be drawn
in June, subject to the approval of the Director of Finance, for a
charter school or school district as follows:
(1) In order for a charter school to receive a payment in June
pursuant to this section, the governing body of the charter school,
in consultation with the county superintendent of schools, shall
certify to the Superintendent and the Director of Finance on or
before April 1 that the deferral of warrants pursuant to Sections
14041.5 and 14041.6 will result in the charter school being unable to
meet its financial obligations for June and shall provide the
Superintendent an estimate of the amount of additional funds
necessary for the charter school to meet its financial obligations
for the month of June.
(2) In order for a school district to receive a payment in June
pursuant to this section, the county superintendent of schools shall
certify to the Superintendent and to the Director of Finance on or
before April 1 that the deferral of warrants pursuant to Sections
14041.5 and 14041.6 will result in the school district being unable
to meet its financial obligations for June and shall provide the
Superintendent an estimate of the amount of additional funds
necessary for the school district to meet its financial obligations
for the month of June.
(3) The criteria, as applicable, set forth in statute and
regulations to qualify a school district for an emergency
apportionment shall be used to make the certification specified in
paragraph (2).
(4) A charter school or school district may receive, pursuant to
this section, no more than the lesser of the following:
(A) The total amount of additional funds necessary for the charter
school or school district to meet its financial obligations for the
month of June, as reported to the Superintendent pursuant to
paragraph (1) or (2).
(B) The total payments the charter school or school district is
entitled to receive in July for the prior fiscal year.
(b) If the total amount requested by charter schools and school
districts pursuant to paragraph (4) of subdivision (a) exceeds one
hundred million dollars ($100,000,000), the Controller, Treasurer,
and Director of Finance may authorize additional payments to meet
these requests, but total payments to charter schools and school
districts pursuant to this section shall not exceed three hundred
million dollars ($300,000,000). No later than May 1, the Controller,
Treasurer, and Director of Finance shall determine whether sufficient
cash is available to make payments in excess of one hundred million
dollars ($100,000,000). In making the determination that cash is
sufficient to make additional payments, in whole or in part, the
Controller, Treasurer, and Director of Finance shall consider costs
for state government, the scope of any identified cash shortage,
timing, achievability, legislative direction, and the impact and
hardship imposed on potentially affected programs, entities, and
related public services. The Department of Finance shall notify the
Joint Legislative Budget Committee within 10 days of this
determination and identify the total amount of requests that will be
paid.
(c) If the total amount of cash made available pursuant to
subdivision (b) is less than the amount requested pursuant to
paragraph (3) of subdivision (a), payments to charter schools and
school districts shall be prioritized according to the date on which
notification was provided to the Superintendent and the Department of
Finance.
(d) A charter school submitting a certification pursuant to
paragraph (1) of subdivision (a) shall provide its chartering
authority with a copy of the certification.
(e) Payments pursuant to this section shall be made no later than
June 20.
(f) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated to school districts," as defined in subdivision
(c) of Section 41202, for the fiscal year in which the warrants are
drawn and included within the "total allocations to school districts
and community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B," as defined in subdivision
(e) of Section 41202, for the fiscal year in which the warrants are
drawn.
(a) Notwithstanding Section 14041.7, for the 2011-12
fiscal year only, up to one hundred million dollars ($100,000,000) of
the amount of the warrants for the principal apportionments for the
month of June, that are instead to be drawn in July pursuant to
Section 14041.5, may be drawn in June, subject to the approval of the
Director of Finance, for a charter school or school district as
follows:
(1) In order for a charter school to receive a payment in June
pursuant to this section, the chartering authority, in consultation
with the county superintendent of schools, shall certify to the
Superintendent and the Director of Finance on or before April 1 that
the deferral of warrants pursuant to Sections 14041.5 and 14041.6
will result in the charter school being unable to meet its financial
obligations for June and shall provide the Superintendent an estimate
of the amount of additional funds necessary for the charter school
to meet its financial obligations for the month of June.
(2) In order for a school district to receive a payment in June
pursuant to this section, the county superintendent of schools shall
certify to the Superintendent and to the Director of Finance on or
before April 1 that the deferral of warrants pursuant to Sections
14041.5 and 14041.6 will result in the school district being unable
to meet its financial obligations for June and shall provide the
Superintendent an estimate of the amount of additional funds
necessary for the school district to meet its financial obligations
for the month of June.
(3) The criteria, as applicable, set forth in statute and
regulations to qualify a school district for an emergency
apportionment shall be used to make the certification specified in
paragraph (2).
(4) A charter school or school district may receive, pursuant to
this section, no more than the amount of additional funds necessary
for the charter school or school district to meet its financial
obligations for the month of June, as reported to the Superintendent
pursuant to paragraph (1) or (2).
(b) If the total amount requested by charter schools and school
districts pursuant to paragraph (4) of subdivision (a) exceeds one
hundred million dollars ($100,000,000), the Controller, Treasurer,
and Director of Finance may authorize additional payments to meet
these requests, but total payments to charter schools and school
districts pursuant to this section shall not exceed three hundred
million dollars ($300,000,000). No later than May 1, the Controller,
Treasurer, and Director of Finance shall determine whether sufficient
cash is available to make payments in excess of one hundred million
dollars ($100,000,000). In making the determination that cash is
sufficient to make additional payments, in whole or in part, the
Controller, Treasurer, and Director of Finance shall consider costs
for state government, the scope of any identified cash shortage,
timing, achievability, legislative direction, and the impact and
hardship imposed on potentially affected programs, entities, and
related public services. The Department of Finance shall notify the
Joint Legislative Budget Committee within 10 days of this
determination and identify the total amount of requests that will be
paid.
(c) If the total amount of cash made available pursuant to
subdivision (b) is less than the amount requested pursuant to
paragraph (4) of subdivision (a), payments to charter schools and
school districts shall be prioritized according to the date on which
notification was provided to the Superintendent and the Department of
Finance.
(d) Payments pursuant to this section shall be made no later than
June 20.
(e) Except as provided in subdivisions (c) and (e) of Section
41202, for purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the warrants drawn
pursuant to subdivision (a) shall be deemed to be "General Fund
revenues appropriated for school districts," as defined in
subdivision (c) of Section 41202, for the fiscal year in which the
warrants are drawn and included within the "total allocations to
school districts and community college districts from General Fund
proceeds of taxes appropriated pursuant to Article XIII B," as
defined in subdivision (e) of Section 41202, for the fiscal year in
which the warrants are drawn.
(a) If the Superintendent of Public Instruction or the
chancellor does not certify to the Controller, on or before the 20th
day of February, the amounts apportioned by him as the first
principal apportionment, the Controller shall draw warrants on the
State Treasury in favor of the county treasurer of each county in the
month of February, and in each month thereafter until the month
following his receipt of such certification, for amounts equal to the
warrants drawn for January.
(b) In the month following the receipt of the certification of the
amounts apportioned by the Superintendent of Public Instruction or
the Chancellor of the California Community Colleges as the first
principal apportionment, the Controller shall draw warrants on the
State Treasury in favor of the county treasurer of each county in an
amount equal to the difference between the amount of the warrants
which would have been drawn pursuant to Section 14041 had the
certification been received by the Controller not later than February
20th and the amount of the warrants drawn pursuant to subdivision
(a) of this section.
(c) Warrants drawn under this section shall be drawn on the State
School Fund and are not subject to the provisions of Government Code
Section 925.6.
All moneys received by the treasurer of any county from the
apportionments of the State School Fund shall be immediately credited
by the treasurer to the county school service fund, the county
school tuition fund, and the general funds of the several school
districts of the county exactly as apportioned by the Superintendent
of Public Instruction or the Chancellor of the California Community
Colleges.
(a) Upon determining that any semiannual report to the State
Department of Education, as required under Section 628.2 of the
Penal Code, has not been submitted, or that a submitted report
contains intentionally misleading data, the Superintendent of Public
Instruction may withhold an amount from the next state funding
apportionment to which the school district or, as appropriate, the
county office of education, would otherwise be entitled. The amount
so withheld shall not exceed one-half of the annual salary of the
superintendent of that district or of that county superintendent of
schools, respectively.
(b) Any funds withheld pursuant to subdivision (a) shall be held
in trust by the Superintendent of Public Instruction until he or she
determines that the data required under Section 628.2 of the Penal
Code has been submitted, in complete and accurate form, by the
appropriate school district or county office of education whereupon
those funds shall be released to the appropriate county treasury to
the credit of that district or county office of education.