Section 15713 Of Article 1. General Provisions From California Education Code >> Division 1. >> Title 1. >> Part 10. >> Chapter 4. >> Article 1.
15713
. Each school district which desires an apportionment for a
grade level maintained by it, shall submit through its governing
board to the board an application therefor in any form and number of
copies that the board shall prescribe. Each copy of the application
shall be accompanied by a statement of the estimated cost of the
project certified by an architect or structural engineer, and by
layout plans showing the entire project for which the district
desires an apportionment. Estimates of cost for new construction
appearing in an application shall not exceed typical current costs of
comparable new construction by school districts in the same area not
receiving or not eligible for apportionment under this chapter, as
determined by the Director of General Services, or if there has been
no new construction by districts in the area, the estimates of cost
shall not exceed the reasonable current cost of similar construction
in the area as determined by the Director of General Services.
Immediately upon receipt of an application in the prescribed form
accompanied by the required estimate of cost, a copy thereof shall be
transmitted by the board to the director and to the Director of
General Services.
A district may at any time amend or supplement its application.
The Director of General Services shall determine the school
district's financial ability to meet all or a portion of the cost of
the project and the amount which the district can contribute toward
the cost of the project out of its available funds, and shall submit
his report thereon to the board.
The directors shall as promptly as possible prepare a report and
recommendation with respect to the application and refer the
application, report, and recommendation to the Director of General
Services, who shall, if he or she finds the documents to be in proper
form and otherwise sufficient, refer them to the board. If the
Director of General Services finds the documents to be lacking in any
respect as to any matter which is subject to the jurisdiction or
approval of the director or State Department of Education, he or she
shall refer them to the director who shall take any action that may
be necessary. The board shall, subject to the provisions of this
chapter approve or reject each application referred to it by the
Director of General Services. If the board approves of the
application, either in whole or in part, it shall, by a resolution
adopted by it, apportion to the district from the Public School
Building Loan Fund the amount applied for, or any portion thereof
that the board may deem appropriate. However, it may order that the
apportionment or any part thereof shall be paid in progressive
installments at the times and under the conditions that it may then
prescribe. This shall be known as a conditional apportionment and
shall become final only if the vote provided for in Section 15721 is
favorable and if bonds are authorized and sold in the amounts
prescribed by the board, and the proceeds of the bonds sold earmarked
for the project as approved. The conditional apportionment shall
remain effective for a period of nine months from the date of the
resolution of the board, and if it does not become a final
apportionment by the date, it shall become void and the money so
apportioned shall become again available for apportionment pursuant
to this chapter.
The board may for any good cause that it shall determine, reduce
the amount of, or modify any provisions relating to, any contribution
required of a district under the terms of an apportionment, other
than any contribution required of the district under Section 15721
from the sale of bonds. However, the board may not, without the
consent of the district, increase the amount of any district
contribution under the terms of an apportionment, in the absence of
mistake arising from any source, or misrepresentation, concealment,
or omission, on the part of the district, intentional or otherwise.
The provisions of this paragraph shall be applicable to
apportionments heretofore or hereafter made.