Section 1622 Of Article 2. County Office Of Education Budget Approval From California Education Code >> Division 1. >> Title 1. >> Part 2. >> Chapter 5. >> Article 2.
1622
. (a) On or before July 1 of each fiscal year, the county board
of education shall adopt an annual budget for the budget year and
shall file the budget with the Superintendent, the county board of
supervisors, and the county auditor. The budget, and supporting data,
shall be maintained and made available for public review. The budget
shall indicate the date, time, and location at which the county
board of education held the public hearing required under Section
1620. For the 2014-15 fiscal year and each fiscal year thereafter,
the county board of education shall not adopt a budget before the
county board of education adopts a local control and accountability
plan or approves an update to an existing local control and
accountability plan if an existing local control and accountability
plan or update to a local control and accountability plan is not
effective during the budget year. The county board of education shall
not adopt a budget that does not include the expenditures identified
in the local control and accountability plan and any annual update
to the local control and accountability plan that will be effective
for the budget year. Notwithstanding any other provision of this
article, for the 2014-15 fiscal year and each fiscal year thereafter,
the budget shall not be adopted or approved by the Superintendent
before a local control and accountability plan or update to an
existing local control and accountability plan for the budget year is
approved.
(b) (1) The Superintendent shall examine the budget to determine
if it (A) complies with the standards and criteria adopted by the
state board pursuant to Section 33127 for application to final local
educational agency budgets, (B) allows the county office of education
to meet its financial obligations during the fiscal year, and (C) is
consistent with a financial plan that will enable the county office
of education to satisfy its multiyear financial commitments. In
addition, the Superintendent shall identify any technical corrections
to the budget that must be made. On or before September 15, the
Superintendent shall approve or disapprove the budget and, in the
event of a disapproval, transmit to the county office of education in
writing his or her recommendations regarding revision of the budget
and the reasons for those recommendations.
(2) For the 2014-15 fiscal year and each fiscal year thereafter,
the Superintendent shall disapprove a budget if any of the following
occur:
(A) The Superintendent has not approved a local control and
accountability plan or an annual update to the local control and
accountability plan filed by a county board of education pursuant to
Section 52070.5 that is effective for the budget year.
(B) The Superintendent determines that the budget does not include
the expenditures necessary to implement the local control and
accountability plan or an annual update to the local control and
accountability plan that is effective for that budget year.
(c) In the event of the disapproval of the budget of a county
office of education pursuant to subdivision (b), on or before October
8, the county superintendent of schools and the county board of
education shall review the recommendations of the Superintendent at a
regularly scheduled meeting of the county board of education and
respond to those recommendations. That response shall include any
revisions to the adopted budget and other proposed actions to be
taken, if any, as a result of those recommendations.
(d) (1) The Superintendent shall examine the revised budget as
provided in subdivision (c) to determine if it complies with the
standards and criteria adopted by the state board pursuant to Section
33127 for application to final local educational agency budgets and,
on or before November 8, shall approve or disapprove the revised
budget. For the 2014-15 fiscal year and each fiscal year thereafter,
the Superintendent shall disapprove a revised budget if the
Superintendent determines that the revised budget does not include
the expenditures necessary to implement the local control and
accountability plan or an annual update to the local control and
accountability plan approved by the Superintendent pursuant to
Section 52070.5 that is effective for the budget year. If the
Superintendent disapproves the budget, he or she shall call for the
formation of a budget review committee pursuant to Section 1623.
(2) Notwithstanding any other law, for the 2014-15 fiscal year and
each fiscal year thereafter, if the Superintendent disapproves the
budget for the sole reason that the Superintendent has not approved a
local control and accountability plan or an annual update to the
local control and accountability plan filed by the county board of
education pursuant to Section 52070.5, the Superintendent shall not
call for the formation of a budget review committee pursuant to
Section 1623.
(e) Not later than 45 days after the Governor signs the annual
Budget Act, the county office of education shall make available for
public review any revisions in revenues and expenditures that it has
made to its budget to reflect the funding made available by that
Budget Act.