Section § 16000

Explanation
This part of the law is simply saying that the rules and guidelines found in it can be referred to as the State School Building Aid Law of 1952.
This chapter may be cited as the State School Building Aid Law of 1952.

Section § 16001

Explanation

This section of the law highlights that California prioritizes helping school districts provide essential classrooms and school sites for public school students. The main focus is on building and providing classrooms first, before considering other types of educational facilities. Making sure there are enough classrooms for students is more important than any other school facilities that might be nice to have.

The Legislature hereby declares that it is in the interest of the state and of the people thereof for the state to aid school districts of the state in providing necessary schoolsites and buildings for the pupils of the public school system, this system being a matter of general concern inasmuch as the education of the children of the state is an obligation and function of the state.
In adopting this chapter, the Legislature considers that the great need in school construction is for classrooms for the education of the pupils of the public school system. It is the intent of the Legislature to first satisfy this primary need to the greatest extent possible before providing additional educational facilities, regardless of how desirable such additional facilities may be. To the end that school classrooms may be made available at once and to all school districts in need of such classrooms, provisions for other needed school facilities is necessarily subordinated.

Section § 16002

Explanation

This section defines several important terms used in the chapter. First, it explains that the 'Board' refers to the State Allocation Board, while the 'Director' means the Director of Education for K-12. 'Project' includes purposes approved by the State Allocation Board for school district funding. 'Grade level maintained by a district' describes the grade ranges that elementary, high school, or unified school districts can claim, though only one grade level can be claimed per district under each option. 'Apportionment' refers to the allocation of funds under specific sections, including contributions required from school districts for approved purposes, clarifying that this isn't a change but a confirmation of what's already in place.

As used in this chapter:
(a)CA Education Code § 16002(a) “Board” means the State Allocation Board.
(b)CA Education Code § 16002(b) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive.
(c)CA Education Code § 16002(c) Notwithstanding any other law, the term “project” shall be deemed to include any or all of the purposes for which a school district has applied for apportionments under this chapter, pursuant to any regulations that the State Allocation Board may adopt.
(d)CA Education Code § 16002(d) “Grade level maintained by a district” means any of the following:
(1)CA Education Code § 16002(d)(1) The kindergarten, if any, and grades 1 to 6, inclusive, or grades 1 to 8, inclusive, maintained by an elementary school district or a unified school district.
(2)CA Education Code § 16002(d)(2) Grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, maintained by a high school district or unified school district.
However, not more than one grade level shall be claimed by any district under any one of the paragraphs of this subdivision.
(e)CA Education Code § 16002(e) “Apportionment” means an apportionment made under this chapter unless the context otherwise requires. The term “apportionment” in Sections 16091, 16097, 16099, 16100, 16104, 16105, and any other section in this chapter where the context justifies, shall be deemed to include funds of a school district required by the board to be contributed toward the purposes thereof. It is hereby declared that this construction is not intended as a change in the present law but rather as a declaration of existing law.

Section § 16002.5

Explanation

This law defines what is meant by the term "basic bond requirement" for school districts. It states that this requirement is calculated as 5% of the total value of taxable property within the district for each grade level, based on the most recent property assessment. There are possible adjustments based on other sections mentioned.

For the purposes of this chapter, the term “basic bond requirement,” means 5 percent of the assessed valuation of taxable property of the district for each grade level maintained by a district, as shown by the last equalized assessment of the county or counties in which the district is located, and as modified by Section 41201 or Section 84201.

Section § 16003

Explanation

This law explains how unified school districts in California can apply for funding for the grades they offer, from kindergarten through 12th grade. It allows districts to get funds for just kindergarten, just grades 1-12, or both. However, if a district chooses, it can opt out of these requirements for three years by sending a written notice to the board.

With respect to applications filed on and after the effective date of this section by a unified district and any apportionments and repayments made under the applications, “grade level maintained by the district” means the kindergarten, if any, and grades 1 to 12, inclusive, maintained by the district.
A unified district if otherwise eligible, may apply for and receive an apportionment for either one or both of the grade levels.
This section shall not apply to a unified district during the first three years following the effective date of this section, or during the first three fiscal years in which the district is in existence for all purposes, if the governing board of the district transmits to the board a written notice stating the district desires to be exempted from this section during that period.

Section § 16004

Explanation

This law makes sure that funds for school buildings aren't used to build permanent structures for just temporary student increases. If a high school or unified district can't house students because of space limits, the board might approve extra funding to build portable facilities, knowing the student numbers might drop in six to nine years. However, they can't approve more space than rules already set by specific sections.

Notwithstanding any provision of this chapter to the contrary, the board shall review each application and shall take action to insure that apportionments are not made that will provide for construction of permanent facilities to meet temporary peak enrollments at any site or at any grade level. In cases deemed by the board to be hardship cases involving high school or unified school districts where the district will not be able to house high school pupils under basic area limitation formulas prescribed in this chapter, the board may make apportionments for high school facilities in excess of the limitations. In that event, the board may provide for the construction of portable facilities at any particular site for which the apportionments are made, particularly where the board determines that there will be, within a six- to nine-year period immediately following the apportionment for facilities at the site, a diminution in enrollment at the site justifying relocation of facilities. In no event shall the board have any authority to make an apportionment for construction area at a high school attendance center which, when added to the area of adequate school construction at that center, would exceed the area permitted therefor by Sections 16053 and 16054.

Section § 16005

Explanation

The Director of General Services is responsible for managing this set of rules and must help the board with any support they need.

The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require.

Section § 16006

Explanation

This law states that the State Allocation Board will continue to exist for its chapter-related purposes. Board members and legislators working with the board don't get paid for their services, but they can get reimbursed for necessary expenses while doing their duties. These reimbursements come from the State School Building Aid Fund.

The State Allocation Board is continued in existence for the purposes of this chapter. The members of the board and the Members of the Legislature meeting with the board shall receive no compensation for their services under this chapter but shall be reimbursed for their actual and necessary expenses incurred in connection with the performance of their duties hereunder, to be paid out of the State School Building Aid Fund.

Section § 16007

Explanation

This law requires that when funds are being allocated to school districts, priority should be given to those districts where students would gain the most from new school buildings. Factors like severe overcrowding, fast-growing student numbers, and how long a district has been waiting for funds are considered. However, exceptions can be made if it's in the best interest of the affected children. The State Department of Education helps the board decide these priorities.

The board by the adoption of rules shall give priority in allocating funds to districts to those districts where the children will benefit most from additional schoolhouse facilities. This priority shall be based on acuteness of overcrowding, on rapidity of growth in attendance, and on the time the district’s application has been ready for allotment. The board may make exceptions when it determines that it will be for the benefit of the children affected.
The State Department of Education shall assist and cooperate with the board in determining priorities.

Section § 16008

Explanation

This law allows the board to prioritize giving money to school districts to repair or replace buildings that have been damaged by earthquakes occurring after July 1, 1952. It also allows the State Allocation Board to get a non-binding report from the Department of General Services to assess how urgent the repair or replacement work is before they decide on the funding.

In allocating funds under this chapter, the board may give first priority to school districts for the replacement and repair of school buildings and necessary facilities appurtenant thereto damaged by any earthquake occurring subsequent to July 1, 1952. All of the provisions of this chapter apply to the districts except the provisions for the establishment of priorities.
Prior to making any apportionment under this section, the State Allocation Board may secure from the Department of General Services, a report showing the urgency of the work of replacement or repair for which an application has been filed. The report shall not be conclusive upon the State Allocation Board, but shall be advisory only.

Section § 16009

Explanation
This section gives a board the authority to set qualifications, procedures, and rules for school districts to receive funding. These qualifications and procedures cannot conflict with existing parts of the chapter. The board can also administer and oversee how funds are spent, as long as they don't interfere with the duties of the State Department of Education. Additionally, the board can establish necessary rules and regulations for these processes.
In addition to any other powers and duties that are granted the board by this chapter, the board shall:
(a)CA Education Code § 16009(a) Establish any qualifications not in conflict with other provisions of this chapter that it deems will best serve the purposes of this chapter for determining the eligibility of school districts to apportionments of funds under this chapter.
(b)CA Education Code § 16009(b) Establish any procedures and policies in connection with the administration of, and the expenditure of funds made available for the purpose of, this chapter that it deems necessary and which are not in conflict with the powers and duties of the State Department of Education or of the director granted or imposed by this chapter.
(c)CA Education Code § 16009(c) Adopt any rules and regulations for the administration of this chapter, requiring the procedure, forms, and information, that it may deem necessary.

Section § 16010

Explanation

This law requires the State Department of Education to help school districts when they apply for funding. They assist with planning by guiding the process and connecting districts with experts. They also conduct ongoing research about educational programs and facilities, and they evaluate how well these facilities support education. Additionally, they share information through publications, seminars, and planning guides to aid school districts.

The State Department of Education, in addition to any responsibilities or approvals required under Sections 39000 to 39323, inclusive, shall provide the following services to school districts making applications for apportionments under this chapter:
(1)CA Education Code § 16010(1) It shall assist school districts in organizing a comprehensive planning effort. It shall guide a planning process through its appropriate steps and, when requested by a school district, it shall provide the school district with sources of expertise, either public or private, which may be able to contribute to the development of plans to find solutions for specific problems a school district may have.
(2)CA Education Code § 16010(2) It shall provide continuing research in relation to all phases of educational programs and the school facilities that are required to implement these educational programs.
(3)CA Education Code § 16010(3) It shall provide a review and evaluation service to school districts to assure the effectiveness of the facilities that have been provided in accommodating educational programs.
(4)CA Education Code § 16010(4) It shall provide communication media through publications, seminars, and prepare planning guides and procedures containing recommendations, which guides shall be used to disseminate educational planning information to all school districts.

Section § 16011

Explanation

This law states that any school district in California wishing to receive funds must create a detailed, long-term master plan. This plan should include the district's educational goals, how current facilities are used, demographic trends, responses to social issues, housing priorities, and cooperation with local agencies for community development. It must also ensure regular updates to adapt to changes. The plan is reviewed by a director, who then reports back with recommendations.

Each school district which desires an apportionment of funds under this chapter shall, unless specifically exempted by the board, prepare a long-range comprehensive master plan for the district prepared in accordance with acceptable planning procedures. Information relating to the following factors should be included in this master plan:
(a)CA Education Code § 16011(a) A statement of the educational programs and goals of the district in relation to its programs, both current and future.
(b)CA Education Code § 16011(b) A comprehensive evaluation and report of the utilization of the school facilities now existing in the district.
(c)CA Education Code § 16011(c) A comprehensive demographic study of the district, as it currently exists and as projected into the future.
(d)CA Education Code § 16011(d) A policy statement regarding actual or potential human problems.
(e)CA Education Code § 16011(e) A policy statement as to the priority in which the district proposes to solve its school housing problems.
(f)CA Education Code § 16011(f) A policy statement regarding cooperation with other local public agencies to achieve total community development.
(g)CA Education Code § 16011(g) A policy to insure continuous review so that plans will be kept up to date and changing conditions will be reviewed and accommodated by appropriate revision of plans.
The director shall review the long-range master plan and project development plan and shall report his or her findings and recommendations thereon to the board.

Section § 16012

Explanation

This law explains how school districts must handle property, like buildings or equipment, when it is being replaced through state funding. The board decides how these items should be sold or transferred. Any money made from selling the old property helps reduce the amount of money the state gives the district. Districts must follow the board's instructions, and they might need to transfer ownership of the property to the state. The state then sells the property and uses the funds to adjust the funding given to the district. In some cases, the law allows for state funding to demolish old facilities. This law applies to any property replaced through such funding.

The board shall prescribe instructions specifying the manner in which property, real or personal, being replaced through the apportionment, shall be disposed of, and compliance with the instructions shall be a condition upon the making of the apportionment. The net proceeds derived from the disposition shall be contributed in reduction of any apportionment. Any school district affected shall comply with instructions prescribed by the board. The board may require a district to transfer to the state, by any instruments deemed appropriate by the board, title to property, whereupon, the board shall dispose of the property in any manner it deems appropriate to insure the highest return to the state, and apply the proceeds therefrom in reduction of apportionments to the district. The district affected shall do all things deemed necessary by the board to implement the disposition. Whenever the board determines it to be in the best interests of the state, an apportionment may be made for the demolition of any facilities replaced through an apportionment. This section shall be applicable to property replaced by apportionments heretofore or hereafter made under this chapter or Chapter 6 (commencing with Section 15700) of this part.

Section § 16013

Explanation

This law allows the board to prioritize giving funds to school districts that have sold facilities and used that money to pay off previous fund allocations. However, the funds they can receive won't exceed the amount they used to pay off those previous allocations since July 1, 1970, and it's only for projects that were approved before July 1, 1970.

Notwithstanding any other provisions of this chapter, the board may grant priority in the apportioning of funds to school districts to those districts which have sold facilities replaced under a previous application and have applied the proceeds therefrom in reduction of prior apportionments to the district. Apportionments so made shall not be in excess of the amount of the proceeds which were applied to prior apportionments subsequent to July 1, 1970, and shall be made only for projects which were approved by the board prior to July 1, 1970.

Section § 16014

Explanation

This section explains how money from the State School Building Aid Fund can be given to school districts for certain projects, and it labels these projects as public works. The funds can be used for buying and improving school sites, buying furniture and equipment necessary for schools, and planning and constructing school buildings. This includes specific types of rooms like classrooms, auditoriums, gymnasiums, cafeterias, or other multipurpose spaces approved by the State Department of Education. If districts need insurance for construction-related risks, the cost might be covered by these funds. Additionally, if it’s sensible and fair, a district can get funds to buy existing facilities from another district.

Apportionment from the State School Building Aid Fund to school districts shall be made in the manner and subject to the conditions herein provided and in accordance with policies adopted by the board, for the following purposes, all of which purposes are hereby declared to be, and are, public works:
(a)CA Education Code § 16014(a) The purchase and improvement of schoolsites which have been approved by the State Department of Education.
(b)CA Education Code § 16014(b) The purchase of necessary desks, tables, chairs and other movable furniture and equipment, as approved by the State Department of Education.
(c)CA Education Code § 16014(c) The planning and construction, reconstruction, alteration of, the moving of portable classroom buildings on an existing site or to another schoolsite, and addition to, school buildings, including built-in or fixed equipment, for any facilities that are approved by the State Department of Education as essential, except a room used solely for an auditorium for a school of any type or class and a room used solely for a gymnasium or a room used solely for a cafeteria for elementary schools. This section does not prohibit the State Department of Education from approving multipurpose rooms which are rooms designed to be used for two or more of the following purposes:
(1)CA Education Code § 16014(c)(1) Classroom.
(2)CA Education Code § 16014(c)(2) Auditorium.
(3)CA Education Code § 16014(c)(3) Gymnasium.
(4)CA Education Code § 16014(c)(4) Cafeteria.
(5)CA Education Code § 16014(c)(5) Any other purposes that district requires which are approved by the State Department of Education.
Where a district is required by a contract entered into between itself and a contractor, to obtain at its own expense insurance covering risks incurred during any construction, reconstruction or alteration for which an apportionment has been made, the cost thereof may be paid either directly, or by way of reimbursement, to the district out of the apportionment, or out of any apportionment made specifically covering the insurance. However, in other respects the apportionments are eligible for payment under this chapter.
In addition to the foregoing, the board may make an apportionment to a school district for the purchase from another school district of existing facilities, real or personal, including the site thereof, or any portion of any of the foregoing, providing that the board finds that it is economical and good practice on the part of the acquiring district to purchase the same, and that the consideration to be paid in the light of all the circumstances surrounding the transfer is fair and equitable both to the acquiring district and to the state.

Section § 16015

Explanation

This law allows a school district to receive extra funding to lease portable classrooms when they are building new facilities. To qualify, their current building project must already have been approved and not finished. The district must also show a significant increase in student attendance, or that many classes are overcrowded, like having three shifts a day. They must also be making full use of their current facilities. Any extra funding received must be paid back under the same conditions as the original project funding.

Notwithstanding any other provisions of this chapter, the board may make an apportionment to any school district for the cost of leasing portable classrooms during the period in which additional school facilities are being constructed by a previously approved project, provided that each of the following conditions is satisfied:
(a)CA Education Code § 16015(a) The district has received a final apportionment for the previously approved project and the construction of which has not yet been completed.
(b)CA Education Code § 16015(b) Estimates of average daily attendance used for justifying the previously approved project indicate either of the following:
(1)CA Education Code § 16015(b)(1) An increase over the base period of projection of at least 15 percent.
(2)CA Education Code § 16015(b)(2) A substantial number of district classes being on triple session during the period of construction, as determined by the State Allocation Board.
(c)CA Education Code § 16015(c) The district is making maximum use of its existing facilities through the operation of one or more continuous school programs.
Any apportionment made to a school district pursuant to this section shall be added to the final apportionment for the previously approved project specified in subdivision (a), and the repayment thereof by the school district shall be made under the same terms and conditions as prescribed for the final apportionment.

Section § 16016

Explanation

This law says that if a school district leases land or has a permit to use land owned by the U.S. government, it can be considered as though the school district has actually purchased the land. This means the district is treated as if it holds the title and ownership of the land.

A leasehold or use permit interest held by a school district in land owned in fee simple by the government of the United States may, for all purposes of this chapter, be deemed a purchase of land by the district and to vest title and ownership in the district.

Section § 16017

Explanation

This section states that before the school board allocates funds to replace subpar school facilities, it must first check if fixing them is either not cost-effective or not advisable. Basically, they have to prove that renovating won't be worth the effort or money before deciding to replace them.

The board shall not make any apportionment with respect to an application for replacing inadequate school facilities unless it has first investigated and made a finding that it would not be economical or good practice to rehabilitate said facilities.

Section § 16018

Explanation

This law allows funds to be given to school districts, not only to build or fix schools but also to work on necessary projects outside the school's property, like building roads or installing utilities, if those are needed for the school to function properly. These projects are considered public works.

In addition to the purposes for which apportionments may be made to school districts under Section 16014, apportionments may also be made to school districts for the construction, repair, attachment or development of offsite facilities, utilities or improvements which the board determines are necessary to the proper operation or functioning of the school facilities for which apportionments are made, all of which purposes are hereby declared to be, and are, public works.

Section § 16019

Explanation

This law explains that when a school district in California uses state funds to purchase or improve property, the state technically owns that property. The state can record its interest in the property through certificates filed with the county. If the school district wants to sell or dispose of the property, the Director of General Services can release the state’s interest, but there might be conditions to ensure the state benefits. Once the school district pays off its debts under this law, they get back the title to any personal property purchased with the funds, making it theirs again.

In making applications for, and in expending apportionments of funds under this chapter, a school district acts as an agent of the state and all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to through the expenditure of funds apportioned under this chapter, are declared to be, and are, the property of the state.
The Director of General Services shall file with the county recorder of the county in which any site purchased or improved through the expenditure of funds apportioned under this chapter is located a certificate, properly acknowledged, indicating the state’s interest in real property of the district by virtue of this section, without the necessity of particularizing the real property. The recorder shall record and index the certificate in the same manner as abstracts of judgments and the certificate shall constitute constructive notice of the state’s interest in the particular real property affected. The certificate shall as to any party thereafter acquiring real property or any interest therein in the county from the school district have the same force, effect and priority as if it had been a judgment lien imposed upon real property which was not exempt from execution. This effect shall commence upon recordation and continue until the certificate is discharged or released as provided herein.
Upon request the Director of General Services shall do each of the following:
(a)CA Education Code § 16019(a) Issue a release of the state’s interest in any real property or a portion thereof that the district has been authorized by the board to dispose of under Section 16105, provided that delivery of the release may be subject to any conditions that may be prescribed by the board to protect the state’s interest.
(b)CA Education Code § 16019(b) Issue a disclaimer of the state’s interest in any real property or a portion thereof of the district, the disposition of which the board is not required to consent to under the terms of Section 16105, provided that the delivery of the disclaimer may be subject to any conditions that the board deems appropriate to protect the interests of the state, including conditions relating to the amount of consideration to be received from the disposition where the board asserts an interest in the proceeds of the disposition under other provisions of this chapter. The release or disclaimer shall conclusively protect any third party relying upon the same and shall be acknowledged to permit recordation by the county recorder.
Upon payment by the district of all amounts required to be paid by it or on its behalf to the state under this chapter each of the following shall occur:
(a)CA Education Code § 16019(a) The Director of General Services shall file with the recorder a release of any certificate. The release shall be recorded and indexed in the same index as the certificate.
(b)CA Education Code § 16019(b) The title to personal property purchased by the school district with funds apportioned under this chapter shall revert to the school district without further action by the state.

Section § 16020

Explanation

This law allows a board to require school districts to get insurance for state-owned school properties like sites, equipment, and buildings. The insurance is meant to protect the state's interests, but the state funds cannot be used to pay the insurance premiums.

The board may require school districts to insure for the benefit of the state all sites, equipment, and buildings which are under Section 16019 the property of the state, against any risk and in any amounts that the board may deem necessary to protect the interests of the state. No state funds apportioned under this chapter shall be used to pay the premiums on the insurance.

Section § 16021

Explanation

This law says that a school district can't spend certain state funds unless they've done a competitive bidding process for the contracts related to that spending.

A school district shall not expend money apportioned under this chapter unless the contracts under which the funds are expended have been let after competitive bids thereafter pursuant to this code.

Section § 16022

Explanation
If a school district has funds left over one year after a project was approved, those funds can't be used unless certain steps are followed. The district must notify the board if it wants to use the funds. Then, the State Department of Education checks whether the project's needs have changed. If needs have decreased, the project and its costs may be adjusted, and any leftover money goes back to the state. The board's decision must be shared with relevant authorities. This rule doesn't allow for more money to be given to a district, just adjustments to the current allocation.
Funds apportioned to a school district under Section 16024 for a project, remaining unencumbered or unexpended one year from the date the application of the district for apportionment was approved, shall not be encumbered or expended except as provided in this section.
The governing board of the district shall notify the board of its desire to encumber or expend funds. The board shall immediately request the State Department of Education to, and the department shall, review the project for which apportionment was made. If the State Department of Education finds that the conditions existing at the time it approved the project for which the apportionment was made have so changed that the needs of the district are less than originally determined, it shall notify the board of its findings and of the respects in which the project should accordingly be modified. The board shall review the project and revise the project in any manner that it deems necessary subject to Section 16067, and make any changes in the purposes for which the apportionment may be expended that it deems necessary. The cost of the project as revised by the board shall be computed in the manner prescribed by Section 16024 and the excess, if any, of the amount theretofore apportioned to the district over the computed cost of the revised project shall be deducted by the board from the apportionment made to the district. The board shall give notice of its action, in writing, to the Controller, the governing board of the district, and the county auditor and the county treasurer having jurisdiction over the state school building fund of the district. If the amount of the excess, or any portion thereof, has not been paid to the district, the excess, or portion thereof, shall be made available for apportionment to other districts, if the excess, or portion thereof, has been paid to the district, it shall not be encumbered or expended by the district and shall become due and payable to the State of California. The governing board of the district and the county treasurer shall pay the amount to the Treasurer, out of the funds, and in the manner specified in Section 16100. The payment shall, on order of the Controller, be deposited in the State School Building Aid Fund in the State Treasury.
It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state.
This section does not authorize the board to increase any apportionment made to a school district.

Section § 16023

Explanation
This law says that school districts in California can ask for extra funds to buy lab and vocational training equipment, even if it's not tied to construction projects. These requests go through the State Board and the Department of Education, which have specific rules to follow. If approved, the school district has to pay back the full amount, with interest, over a period that could go up to 20 years.
Notwithstanding any other provisions of this chapter, a district may apply, on a separate application, for an apportionment for the purchase of laboratory and vocational training equipment, whether or not the equipment is for use in connection with a construction project.
All of the provisions of this chapter apply to the application and apportionment except that:
(a)CA Education Code § 16023(a) Any application for the equipment pursuant to this section which is received by the board shall be transmitted to the State Department of Education. If the State Department of Education approves the application, it shall refer it to the board which shall either approve or reject the application pursuant to Section 16024. Any provision of Section 16024 inconsistent with this section shall not apply to the application.
(b)CA Education Code § 16023(b) Section 16007 does not apply.
(c)CA Education Code § 16023(c) If the application is approved and an apportionment granted therefor the district shall repay the full amount of the apportionment and the interest thereon. The repayment of the apportionment, and the interest thereon, may be over a period of years, not to exceed 20 years from the first day of January of the fiscal year next succeeding the fiscal year in which the apportionment became final. The number of years allowed for repayment shall be determined by the board at the time it fixes interest on the apportionment. The repayment is in addition to any other repayment required under this chapter.

Section § 16024

Explanation

If a school district wants state funding for a construction project, it needs to submit an application with estimated costs and plans. These costs must be certified by an architect or engineer. The board sets construction cost standards, and projects can't exceed these costs unless justified by rising building costs. Schools cannot contract for construction if costs go above the board's limit. Each project needs a separate application, and projects are considered individually. The district's financial capacity is assessed for funding contributions. The board may adjust contributions but won't increase them without the district's consent unless there's misconduct by the district. Applications are reviewed for approval, and funding is conditional upon bond votes and financing within a year.

Each school district that desires an apportionment for a grade level maintained by it, shall submit through its governing board to the board an application therefor in the form and number of copies as 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 construction project for which the district desires an apportionment. Before the board approves an application for a construction project and makes an apportionment pursuant to this chapter, it shall, after consultation with the Department of General Services, establish standards for all new construction included therein. After this consultation the board shall establish current construction cost standards for that construction. The standards shall not exceed typical comparable new construction by school districts in the same area not receiving or eligible for apportionment under this chapter, or if there has been no new construction by school districts in the area, the standards shall not exceed the reasonable current cost of similar construction in the area. The board shall determine these typical current costs or reasonable current costs. In applying those standards the board shall take into account the size and type of the construction proposed and may make deviations as in their judgment are justified. When a standard has been set by the board to cover any individual apportionment, no apportionment shall be made by the board in excess of that standard, unless the board shall find that in view of a rapid increase in building costs an adjustment is warranted. 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 school district shall not let any contract for new construction included in an application for a construction project that has been approved by the board if the cost exceeds the construction cost standards fixed by the board under this section for that new construction.
A school district may at any time amend or supplement its application.
Each construction project for which a district applies for an apportionment shall be applied for on a separate application and shall be considered separately by the board. If a district applies for more than one construction project, at the same time or at different times, the priority points of the district shall be recalculated after the approval of each separate construction project and before a subsequent construction project is approved.
The board shall require the changes in the plans that an applicant school district submits with its application as the board determines is necessary or desirable to reduce the cost of the project. The board may also, by rule, provide for the vesting in the director or in the Director of General Services of the responsibility for requiring those changes, according to whether the subject matter of the change is subject to the jurisdiction or approval of the director or the Director of General Services, respectively.
The board may, for good cause as it shall determine, reduce the amount of, or modify any provisions relating to, any contribution required of a school district under the terms of an apportionment, other than any contribution required of the district under Section 16058 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.
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 that the school district can contribute toward the cost of the project out of its available funds, and shall submit his or her report thereon to the board.
The term “available funds” as used in the preceding paragraph means funds of the district other than funds received by gift or bequest.
The director 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 finds the documents to be lacking in any respect as to any matter that is subject to the jurisdiction or approval of the director or the State Department of Education, or the board of governors, as appropriate to their jurisdiction, he or she shall refer them to the director who shall take action as may be necessary. Subject to this chapter, the board shall approve or reject each application referred to it by the director. 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 State School Building Aid Fund the amount applied for, or any portion thereof as the board may deem appropriate. However, it may order that the apportionment or any part thereof shall be paid in progressive installments at the time and under the conditions as it may then prescribe. This shall be known as a conditional apportionment and shall become final only if the vote provided for in Section 16058 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 12 months from the date of the resolution of the board, and if it does not become a final apportionment by that date, it shall become void and the money so apportioned shall become again available for apportionment pursuant to this chapter.

Section § 16025

Explanation

This section allows a school district to ask for changes to its yearly payment duties instead of getting conditional funding if it qualifies. The board can request data to figure out how many students the district could support with new school facilities, calling these "eligible attendance units." It calculates "eligible facilities cost" by multiplying the attendance units by the average cost of school facilities per student. If the district is running enough year-round classes to house these attendance units, the Director of General Services will certify an amount equal to 5% of the eligible facilities cost as eligible bonded debt service.

Notwithstanding any other provisions of this chapter, a school district otherwise eligible to receive a conditional apportionment under this chapter may apply for an adjustment of annual repayment obligations in lieu of receiving the conditional apportionment.
The board may require any information that is necessary to determine the number of units of estimated average daily attendance for which the district would have been eligible to construct school facilities under this chapter, if the conditional apportionment had been made and had become final. These units shall be known as “eligible attendance units.”
The board shall then determine an “eligible facilities cost” by multiplying the number of the eligible attendance units by the average cost of housing elementary or high school pupils as set forth in the latest report to the Legislature required under Section 16098.
In any fiscal year in which the school district is in the judgment of the board operating sufficient year-around classes to provide housing for the eligible attendance units aforementioned, the Director of General Services shall add to the amount which he or she is required to certify to the Controller under Sections 16072, 16084, and 16086 an amount equal to one-twentieth of the eligible facilities costs.
The additional amount so certified shall be considered for all purposes of this chapter as eligible bonded debt service.

Section § 16026

Explanation

This law allows school districts in California that have a year-round or continuous school program to apply for financial help to install air cooling systems in facilities started before the end of 1972. The financial assistance can come in three ways: direct funding like in Section 16024, using money from district bonds, or proceeds from selling unused school property. The board will set cost limits on these installations, and any financial aid can't exceed these standards.

Notwithstanding any other provisions of this chapter, any school district whose governing board has adopted and put into effect a year-round school operation plan or continuous school program, as defined in Section 16030, or has adopted a plan or program for operation in the following school year, may apply to the board and the board may provide financial assistance in furnishing and installing an air cooling system in those facilities which will be so operated, so long as the construction of the facility was commenced prior to December 31, 1972. Financial assistance provided by the board may be in any of the following forms:
(a)CA Education Code § 16026(a) An apportionment pursuant to Section 16024.
(b)CA Education Code § 16026(b) An authorization to use proceeds from the sale of district bonds.
(c)CA Education Code § 16026(c) An authorization to use the net proceeds derived from the sale of unused schoolsites whether or not there are unpaid apportionments outstanding against the sites.
The board shall establish cost standards applicable to the furnishing and installing of air cooling systems in existing schools. No apportionment or authorization shall be made by the board in excess of the standard established for the apportionment.

Section § 16027

Explanation
If a school district runs a year-round or continuous program using a facility funded by state bonds, the Director of General Services needs to include the cost of repaying those bonds in the financial reports they send to the Controller.
In any fiscal year in which the school district is conducting a year-round school operation or continuous school program, as defined in Section 16030, utilizing a facility for which financial assistance was provided by the board under Section 16026, the Director of General Services shall add to the amount which he or she is required to certify to the Controller under Sections 16072, 16084 and 16086 an amount equal to the debt service for retirement of bonds authorized for use under Section 16026.

Section § 16028

Explanation

This law states that if proceeds from selling an unused site are used for an air cooling system, it's treated as if the funds were originally allocated for that purpose. The money must be repaid following specific repayment rules, regardless of another section that might normally apply.

Any authorization of the proceeds derived from the sale of an unused site pursuant to Section 16026 shall constitute a conversion of the unpaid portion of the apportionment to the application for an air cooling system as if an apportionment had originally been made therefor. The converted apportionment shall be repaid pursuant to Section 16069 irrespective of Section 16105.

Section § 16028.5

Explanation

If a school district in California gets extra funds to build facilities for schools that operate year-round and then later stops running the schools year-round, a specific amount will be deducted from what they owe on their bonds. This deduction will be spread over a few years, but it won't be more than a certain limit of the original extra funds, including interest. This ensures the district is using the funds as intended.

Whenever a school district has received an increased building cost allowance pursuant to Section 16024 or 16026 for the purpose of providing facilities for year-round school operation as defined in Section 16030, and in any fiscal year subsequent to the fiscal year in which the facilities are completed fails to conduct a year-around school operation, the Director of General Services shall in the following fiscal year deduct an amount from the eligible bonded debt service of the district equal to one-twentieth of the amount of the increased cost allowance plus interest thereon. The total amount to be deducted in subsequent fiscal years after the completion of the facilities shall not exceed seven-twentieths of the amount of the increased allowance, plus interest.

Section § 16029

Explanation

This law allows certain school districts in California to request funds to modify existing school facilities for programs like year-round schooling. These funds can’t be more than the eligible costs set by other specific sections. Approval is needed from the State Department of Education, and priority might be given to projects necessary for running year-round classes. The modifications funded can’t exceed the standard of building a new school. Any money given is subtracted from the costs before the General Services Director calculates cost adjustments for the district.

Notwithstanding any other provisions of this chapter, a school district qualifying for an adjustment of annual repayment obligations under Section 16025 or 15731 may apply for an apportionment under this chapter.
The apportionment shall not exceed the “eligible facilities cost”, as defined in Section 16025 or 15731, and may be made available, upon the review and recommendation of the State Department of Education, only for the modifications of existing facilities necessary for the implementation of continuous school programs (as defined in Chapter 5 (commencing with Section 37600) of Part 22).
In allocating funds under this chapter, the board may give first priority to school districts for modifications to existing facilities to be made pursuant to this section when in the judgment of the board the modifications of existing facilities are necessary for operation of year-round classes. In no event shall apportionments be made for modifications to a standard greater than could have been constructed in a new school building under this article. All of the provisions of the chapter apply to the districts except the provisions for the establishment of priorities.
Any apportionment made under this section shall be deducted from the eligible facilities costs before the Director of General Services makes his or her computation of the adjustment under Section 16025 or 15731.

Section § 16031

Explanation

This law states that generally, school districts in California aren't required to contribute money from specific funds to projects that receive state funding help, with some exceptions. Specifically, money coming from the State School Fund or taxes not earmarked for bonds doesn't have to be used. However, if bond money has been spent in ways outside what's intended by the law, the district might have to provide funds matching what was misused. Also, if bond money was spent on certain purchases like school buses before 1967, districts might be required to pay it back in installments over up to ten years, either from accessible general funds or by increasing taxes slightly to cover the payment.

Notwithstanding any provision of this chapter to the contrary, no school district shall be required, except as provided in this section, to contribute toward the cost of a project for which an application for an apportionment is filed, any of the following funds of the district:
(a)CA Education Code § 16031(a) Amounts in the general fund of the district which are apportionments from the State School Fund.
(b)CA Education Code § 16031(b) Amounts in the general fund of the district which are the proceeds of a tax levy and have not been earmarked by the governing board of the district or the electors of the district for any purposes for which school district bonds may be issued and sold.
In considering an application for an apportionment the board may review the purposes for which the district has expended or encumbered proceeds from the sale of district bonds authorized to be issued at an election held on or after September 3, 1952. Upon a finding by the board that any such proceeds have been expended or encumbered for purposes outside the scope and intent of this chapter, the board may require the district to contribute toward the project for which an apportionment is sought from any funds of the district, except those referred to in subdivision (a) above, an amount equal to the amount of district bonds proceeds expended or encumbered for purposes outside the scope and intent of this chapter. Proceeds from the sale of district bonds which have been encumbered or expended for the purchase of schoolbuses authorized by Section 15100 shall be deemed encumbered or expended for purposes outside the scope and intent of this chapter.
If a district is required pursuant to this section to make a contribution toward the project for which an apportionment is sought as a result of the purchase prior to January 1, 1967, of schoolbuses authorized by Section 15100 out of proceeds from the sale of district bonds, the district at the time that the board determines that the contribution is required may agree to pay the required contribution by payment into the State School Building Aid Fund by 10 or less annual installments payable without interest over a period not exceeding 10 years after the date of the final apportionment. The first installment shall be due and payable one year after the date of the final apportionment. The installment payments shall be made by the governing board of the district from moneys in the general fund of the district if money is available therefor. If the governing board of the district determines that money is not available in the general fund of the district for such purposes, the maximum rate of school district tax for any school year is hereby increased for any school year by such amount not to exceed the amount of the proposed payment into the State School Building Aid Fund as shown by the budget for such school year as finally adopted by the governing board of the district, less any unencumbered balances remaining at the end of the preceding school year derived from the revenue from the increase in the rate of tax provided by this section.

Section § 16032

Explanation

If a school district in California uses bond money for things not intended by the rules, the board can decide not to make the district pay for a project with its own funds. Instead, the board may classify the misused bond money as ineligible for certain financial considerations related to paying off debts.

Notwithstanding any other provisions of this chapter, whenever the board makes a finding pursuant to Section 16031 that proceeds from the sale of district bonds have been expended or encumbered by a school district for purposes outside the scope and intent of this chapter the board, in lieu of requiring the district to contribute toward the project for which an apportionment is sought from any funds of the district, may stipulate that such bond funds expended or encumbered shall not be considered as “eligible bonded debt service” as defined in Section 16070 and 16084.

Section § 16033

Explanation

If a school district spends money from bonds to build a swimming pool before applying for additional state funding, this won't automatically disqualify them from receiving those funds. However, the board might ask the district to contribute some of its own money for the project.

The expenditure by a school district, prior to the filing of an application for an apportionment under this chapter, of proceeds from the sale of district bonds for the construction of a swimming pool, shall not in and of itself constitute grounds for denying an apportionment, but the board may require a contribution of district funds therefor under Section 16031.

Section § 16034

Explanation

This law outlines the process and standards the board must follow before approving applications related to furniture and equipment for school projects. Before approval, they must establish cost standards for furniture and equipment after discussing with the State Department of Education. These standards should not exceed what similar districts use, unless there's a rapid increase in costs. For projects involving changes to existing buildings, they must consider what's already usable before approving costs. The board reviews these standards quarterly and can't approve amounts higher than the set standards unless costs suddenly rise.

Before the board approves an application for a furniture or equipment project, or an application for a new construction project, including furniture and equipment, and after consultation with the State Department of Education, it shall establish current furniture and equipment cost standards. Such standards shall not exceed the quantity and quality of furniture and equipment for comparable facilities purchased by school districts not receiving or not eligible for an apportionment under this chapter. Such standards shall consist of equipment costs for each type of classroom or pupil station which represents a differential in costs. The standards shall be reviewed quarterly by the board and adjustments made in accordance with current cost standards. When standards have been adopted by the board, no apportionment shall be made by the board in excess of such standards unless a rapid increase in costs warrants an adjustment.
Before the board approves an application for furniture and equipment in connection with an application for the replacement of, reconstruction of, alteration of, or addition to, a school building, the State Department of Education, after full consideration of all the furniture and equipment existing in the applicant district that is in usable condition, shall recommend the amount that shall be approved in the application. The board may approve all or a portion of the amount so recommended.

Section § 16035

Explanation

This law allows a board to approve funding requests from school districts for construction projects, up to the amount requested. The board can provide funding in parts as the district is ready to start different parts of the project. If costs are higher than expected, the board can give more money but the district might need to hold an election to handle the extra expenses. If a school needs more funds for site acquisition and additional costs arise, the board can provide more funds without requiring extra bond issuance, especially if it's in the state's interest and the district can't cover the costs on its own. However, this approval does not guarantee future funding.

The board may approve, in whole or in part, an application submitted by a school district under Section 16024 and in such amount, not exceeding the amount applied for, as the board may deem appropriate.
The board may, upon approval of the application, in whole or in part, and subsequently from time to time, make a conditional apportionment or conditional apportionments not exceeding in the aggregate the total amount determined by the board, to the applicant school district from the State School Building Aid Fund for that portion or portions of the construction project as the board determines the district is ready to proceed with. If the board has approved an application and made an apportionment as to a portion or portions of a construction project, the board may approve the remaining portion or portions of the construction project and make an additional apportionment or apportionments within five years after the original approval without requiring a district to issue additional bonds. The board may also make an additional apportionment or apportionments for a period of time in excess of five years after the original approval without requiring a district to issue additional bonds if it has made a finding that the additional apportionment or apportionments are justified by virtue of the fact that state funds were not available for apportionment within the two-year period after the original approval because of the inability of the state to sell authorized state bonds within the maximum permitted interest rate.
If the board determines that the actual cost is in excess of the estimated cost of the specific school plant facilities or sites for which an apportionment to a district has been made, or for which a district’s application has been approved in whole or in part pursuant to this section, the board may make an additional apportionment to the district in an amount equal to the excess even though the additional apportionment will result in the total apportionments to the district exceeding the amount of the application originally approved by the board. Before the additional apportionment becomes final the district, pursuant to Section 16058, shall hold an election to repay the amount of the additional apportionment which is in excess of the amount which the district has previously voted to repay. The additional apportionment shall become final when the county superintendent of schools transmits to the board and the Controller a certificate in duplicate stating that the school district has authorized the acceptance and expenditure of the necessary amount of the excess. If the additional apportionments are made by the board within five years after the original approval, except an apportionment made final pursuant to subdivision (c) of Section 16058, the district shall not be required to issue additional bonds.
Except as otherwise provided in this section, all provisions of this chapter relating to apportionments shall apply to apportionments made under this section.
Whenever an apportionment has heretofore been made or is hereafter made to a district for a site and the district heretofore or hereafter proposes to acquire the site through negotiation or condemnation but the total acquisition cost thereof, plus all other costs incidental to either the acquisition or condemnation of the site, exceeds or exceeded the apportionment for the site, the board may at any time hereafter make an additional apportionment to provide for the differential in total acquisition cost without the district being required to issue additional bonds to qualify, providing the board finds (1) that it is in the interest of the state to proceed with the acquisition despite the acquisition costs, and (2) that the district is unable to provide, or it would be a hardship to require it to provide, the excess costs. The board may also, in its discretion, as a condition of making the apportionment, require the district to repay in full all or any part of the excess apportionment, under the terms and conditions that the board deems desirable, and the district shall be empowered and obligated to comply if it accepts the excess apportionment, notwithstanding any other law to the contrary; provided, (1) that no the repayment shall be required from any source that would be exempt from required contribution toward the cost of a project under Sections 16024 and 16031 (excepting amounts in the General Fund raised by taxes to pay any judgment requiring the repayment), and (2) that any portion of the apportionment not required to be repaid in full, shall be repayable in the same manner as a construction apportionment.
Approval of an application under this section shall not be construed as creating or implying any obligation, commitment or promise on the part of the board or the state to make apportionments under this chapter.

Section § 16036

Explanation

This section requires the board, with input from the State Department of Education, to set standards for evaluating how site costs relate to the size of any school site being bought with specific funds. When setting these standards, they must consider several factors: the school's grade levels, its location, expected student enrollment, the cost per acre, site development costs, and how the land in the area is used.

The board shall, after consultation with the State Department of Education, establish site cost standards which shall be used in evaluating the cost in relationship to the size of any site to be acquired wholly or partially with funds apportioned under this chapter. In determining the standards, consideration should be given to the following factors:
(a)CA Education Code § 16036(a) The grade level of the school.
(b)CA Education Code § 16036(b) The location of the school.
(c)CA Education Code § 16036(c) The enrollment to attend the school.
(d)CA Education Code § 16036(d) The purchase price of each acre of the site.
(e)CA Education Code § 16036(e) The site development cost.
(f)CA Education Code § 16036(f) Land use in the area.

Section § 16037

Explanation

This section explains that if a board approves extra funds for a school construction project more than two years after its initial approval, the board can continue to grant necessary funds to finish the project without needing the district to re-qualify. However, these additional funds must be given within two years after the district was asked to issue more bonds.

Notwithstanding any other provision of this chapter, whenever the board has made an apportionment more than two years after the original approval of and apportionment for any construction project, and pursuant to Section 16035 has required the district to issue additional qualifying bonds as a condition of the apportionment, the board may continue to make apportionments as it may consider necessary to complete the approved construction project without requiring further qualification by the district, provided the apportionments are made within two years of the date upon which the additional qualifying bonds were required.

Section § 16038

Explanation

This law says that even after a school construction project is approved and funded, the board can provide more funding beyond two years if needed. This can happen without the school district needing to issue more bonds as long as two conditions are met: first, the project is about fixing an unsafe school building, and second, extra funds are needed to meet new safety requirements that weren't expected at first.

Notwithstanding the provisions of Section 16035, if the board has approved an application for a construction project and has made an apportionment therefor, the board may make an additional apportionment or apportionments for a period of time in excess of two years after the original approval without requiring a district to issue additional bonds; provided that: (1) the approved project provides for the structural rehabilitation of an unsafe school building, and (2) the apportionment is necessary to cover costs resulting from additional items of work necessary for compliance with structural safety requirements, and the need for such additional work was not foreseen at the time of the original apportionment.

Section § 16039

Explanation

This law explains how school districts in California can apply for funding to buy land or prepare building plans if those aren't part of a larger construction project. The district must follow the application process mentioned in Section 16024. If enrollment levels justify the need for land or plans within five to seven years, the application might be approved. Special conditions apply if student numbers are rapidly increasing or if land is scarce. The educational board can approve parts of the application but only after checking the need. The district must repay any funds received, including interest, over up to 30 years. If the site or plans ever become part of a construction project that gets its own funding, the district won't have to make additional repayments for them. Some sections of the law don't apply here, and certain rules for combining funding are clarified.

Notwithstanding any other provisions of this chapter, a district which applies for an apportionment for the purchase of a site or for the cost of the preparation of plans and specifications, which is not a part of a construction project, shall make a separate application for the site or plans and specifications in the same manner as prescribed by Section 16024.
All of the provisions of this chapter apply to that application and apportionment except that:
(a)CA Education Code § 16039(a) If the State Department of Education determines that within five years in the case of an application for an elementary grade level maintained by the district, or within seven years, in the case of an application for a high school grade level maintained by the district, from the date of the application for the site or for the plans and specifications, there will be sufficient enrollment in the district, based upon enrollment projection criteria adopted by the board, to show the need of such site or for the plans and specifications, it may approve the application. The board may modify a determination respecting future enrollment in connection with an application for an elementary grade level maintained by the district to utilize a period of seven years from the date of the application if it is necessary to meet the emergency conditions existing in that certain district due to a rapid increase in the enrollment of pupils, or due to the scarcity of land within the district, or both. Any application referred to the board pursuant to this section may be either approved in whole or in part, not exceeding the amount applied for, as the board may deem appropriate, pursuant to Sections 16024 and 16035, except that the board may approve additional portions of an application and make an additional apportionment or apportionments within five years of the original approval without requiring a district to issue additional bonds. No additional approval pursuant to the original application or apportionment thereunder may be made unless the board first has investigated and determined the necessity of the additional approval or apportionment, and has received a report thereon from the State Department of Education. Any provision of Section 16024 inconsistent with this section does not apply to that application. As used in this section, an “elementary grade level maintained by the district” is a grade level composed of the grades and maintained by the districts specified in clause (1) of subdivision (e) of Section 16002. As used in this section a “high school grade level maintained by the district” is a grade level composed of the grades and maintained by the districts specified in clause (2) of subdivision (e) of Section 16002.
(b)CA Education Code § 16039(b) Section 16007 does not apply.
(c)CA Education Code § 16039(c) An application for a site pursuant to this section may include an amount for the preparation of plans and specifications for school facilities and for the development of the site, which will conform to those eligible for construction under this chapter.
(d)CA Education Code § 16039(d) If the application is approved and an apportionment granted therefor the district shall repay the full amount of the apportionment and the interest thereon. The repayment of the apportionment for a site and the interest thereon, may be over a period of years, not to exceed 30 years from the first day of January of the fiscal year next succeeding the fiscal year in which the apportionment became final. The repayment of the apportionment for plans and specifications, and the interest thereon, may be over a period of years, not to exceed 30 years from the first day of January of the second fiscal year succeeding the fiscal year in which such apportionment became final. The number of years allowed for repayment shall be determined by the board at the time it fixes interest on the apportionment. The repayment is in addition to any other repayment required under this chapter. If an apportionment is granted pursuant to this section for a site and the site is subsequently used in a construction project for which an apportionment is received under other provisions of this chapter, or if an apportionment is granted pursuant to this section for plans and specifications and the plans and specifications are subsequently used in a construction project for which an apportionment is received under other provisions of this chapter, the district shall not be required to make any further repayments for the site, or the plans and specifications, as the case may be, pursuant to this section and the unpaid balance of the apportionment and interest owing on the apportionment for the site, or the plans and specifications, as the case may be, pursuant to this section shall be added to the principal amount of the apportionment and accrued interest thereon for the construction project. The site is “subsequently used in a construction project” within the meaning of the preceding sentence, if it is used in connection with a construction project at the same grade level by any district receiving a construction apportionment therefor, as this is not intended as a change in the present law, but as a statement of the existing law. In addition, the site is “subsequently used in a construction project” within the meaning of that reference, if it is used in connection with the construction project by any district receiving a construction apportionment therefor at a different grade level, providing that in the latter instance the board in its discretion consents by resolution to the combination of the site and construction apportionments.

Section § 16039.5

Explanation

This law basically says that if a school district in California receives government funds to buy land or prepare building plans and then starts construction or uses those plans with different funding after January 1, 1977, the project is treated as if those initial funds were meant for construction. The remaining funds and interest from the initial grant are not paid back like usual but are instead added to the final construction costs. This way, it makes financial management easier for ongoing school construction projects.

Notwithstanding the provisions of Section 16039, if the board has made apportionments pursuant to the section for purchase of a site or preparation of plans and specifications and the district after January 1, 1977, (1) begins construction on the site of facilities which are justified by the maximum building areas set forth in Sections 16047, 16052, 16053, and 16054, or (2) uses the plans and specifications for the construction of the facilities using, in any case, funds other than an apportionment, the site or plans and specifications shall be deemed to be “subsequently used in a construction project” within the meaning of Section 16039. In these cases, the balance of the principal amount of the apportionment for the site or plans and specifications, and accrued interest thereon, shall not be payable pursuant to Section 16039, but shall be added by the Controller to, and become a part of, any apportionment for construction pursuant to Section 16041, as if an apportionment had been made for the construction and had become final upon the date construction began.

Section § 16040

Explanation

This section explains that in any month when priority point procedures are used, a board can allocate up to $400,000 to school districts. However, any final amounts given under a specific part of another section are exempt from this limit.

In any month in which the priority point procedures prescribed by Section 16007 are utilized, the board may apportion to school districts, under Section 16039, not more than the sum of four hundred thousand dollars ($400,000); provided that any amount apportioned or made final pursuant to subdivision (c) of Section 16058 shall not be subject to the limitation.

Section § 16041

Explanation

If money has been set aside for building on a school site after September 9, 1953, and if it relates to a previous allocation under Section 16039, no more deductions will be made from payments related to that site, except during the fiscal year when the new construction funding is finalized. The amount still owed plus any interest will be added to the new construction funds. This combined amount has to be repaid in the way this law outlines. The Controller will alert the school district's board and relevant county officials of any changes based on this rule.

If an apportionment is or has been made at any time after September 9, 1953, for construction on a site for which an apportionment was made pursuant to Section 16039, from and after the date the apportionment for construction becomes, or became, final, no repayment deductions by the Controller pursuant to Section 16080 attributable to the apportionment for the site shall thereafter be made, except that any the repayment deductions attributable to the site apportionment which would otherwise be made by the Controller during the fiscal year in which the construction apportionment becomes final shall be made during the fiscal year only. The balance of the principal amount of the apportionment for the site, and accrued interest thereon, shall be added by the Controller to and become part of the apportionment for construction, as of the date of the apportionment, and repaid in the manner otherwise prescribed by this article. The Controller shall promptly notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of any revision required by this section of any previous computation made by him or her pursuant to Section 16089.

Section § 16042

Explanation

This law allows the board to give money to school districts for buying land or temporary school buildings, preparing sites, and dealing with utility costs. The board and the State Department of Education can set standards for these sites and facilities. The board can use the State School Building Aid Fund for construction and related costs, and may lease or sell the buildings to school districts under certain agreements. The agreements may include costs for preparing the sites and must handle payments to ensure a fair return to the state. The county superintendents can also lease or sell facilities to school districts if it doesn't conflict with state agreements. Approval from the State Department of Education is needed for any property transfers. School districts must pay promptly, and the board can sell facilities if it's beneficial for the state. Eligible school districts are those that could receive funds based on the board's rules, which may include exceptions to area restrictions.

In addition to any powers granted the board under this chapter, the board shall have authority to make apportionments to school districts for the purchase of sites and construction or purchase of temporary and portable buildings thereon, or for the construction alone, and for the cost of site preparation, including necessary utility costs, in connection with their utilization. The board may establish standards in conjunction with the State Department of Education pertaining to said sites and facilities as a condition of making the apportionments.
In addition, the board may expend moneys from the State School Building Aid Fund directly for the construction, acquisition, storage, maintenance and repair of the buildings, and administrative costs relating thereto. In the event the board may lease, sell or transfer under a lease-purchase agreement the buildings to eligible school districts or to county superintendents of schools. Any agreements with school districts may provide for the payment by the state of site preparation costs, including necessary utility costs, sufficient to permit the utilization of the facilities. Any building leased for placement on the school property or under a purchase or a lease-purchase agreement shall be deemed the construction or alteration of a school building as those terms are defined in Sections 17280 to 17313, inclusive. The consideration payable by either school districts or county superintendents for the facilities shall, as nearly as practicable, reflect an amount which would render to the state a fair return, as determined by the board, on its investment in said facilities and expenditures connected with their utilization, in the light of the benefits conferred by the agreement pertaining thereto.
The county superintendent of schools may contract with eligible school districts respecting and transfer to them by lease, lease-purchase or sale, facilities acquired by him or her from the board, provided that the agreements are not inconsistent with the rights of the state under any agreement between the superintendent and the board respecting the property. Repayments to the state as due shall be made by the county superintendent from the funds received from the affected school districts, and, if necessary to make the same when due, from the county school service fund, upon which he or she is authorized to draw requisitions for this purpose. The fund shall be reimbursed for the withdrawals from any payments made by the affected districts to the county superintendent not required when made for the discharge of any obligations of the county superintendent hereunder to the state.
No transfer of any property acquired directly by the board to any school district by lease or otherwise shall be made either by the board or county superintendents without the approval of the State Department of Education solely as to (1) the property to be transferred, including incidental construction, if any, connected therewith, (2) whether the same shall be by lease or sale, and (3) if less than a sale, the term of the lease, including any contingent or indefinite term.
The board, affected school districts, and county superintendents of schools are authorized to do any and all things necessary to carry out the purposes of this section. Payments required of any affected school districts under any agreement entered into pursuant to this section shall be made promptly when due. Whenever the board deems it economically desirable in the state’s interest to do so, it may dispose of any facilities directly acquired by it to any public or private parties in the manner and under the terms as it deems best, providing that the disposition is not inconsistent with any agreements previously entered into under this section.
The term “eligible school districts” as used in this section, shall be deemed to refer to those districts which at the time an agreement contemplated hereunder is entered into would upon proper application have been eligible to receive an apportionment under this chapter, provided that solely for the purpose of determining the eligibility the board, or the county superintendent of schools in agreements with districts hereunder, may waive construction area restrictions pertaining to apportionments under this chapter.

Section § 16043

Explanation

When a school district receives a conditional portion of funds, but legal proceedings disrupt the process to finalize that funding, the district still has nine months after the legal matters are resolved to make it final. If a second investigation reveals that the district's needs have changed, the initial amount might be reduced accordingly.

If, after a conditional apportionment has been made to a school district, legal proceedings initiated prior or subsequent to the making of any conditional apportionment prevent the taking, within the period during which the conditional apportionment remains effective under Section 16024, of the actions necessary to permit the conditional apportionment to become final, the conditional apportionment shall nevertheless remain effective for a period of nine months from the date upon which such legal proceedings are finally determined. The amount of the apportionment may be diminished by the board after a second investigation at which the board shall determine whether conditions existing at the time it approved the project for which apportionment was made have so changed that the needs of the district are less than originally determined, and if so, the conditional apportionment shall be reduced by a corresponding amount.

Section § 16044

Explanation

This law section outlines how school districts in California apply for funding related to new school construction based on average daily attendance estimates. It states that existing and proposed building area shouldn't exceed limits set by certain sections, and the total student attendance should be estimated for a maximum of three years into the future, or four years for certain districts. The focus is on appropriate allocation of school space and funding. Special provisions allow extra space for programs for exceptional children. It also provides rules for including grades 7 and 8 in attendance estimates for funding purposes. The education board must fashion measures for average daily attendance based on new housing availability in the district.

No apportionment shall be made for new construction which, when added to the area of adequate school construction existing in the applicant school district at the time of application, will provide a total area of school building construction per unit of average daily attendance of the estimated average daily attendance in excess of that computed in accordance with Sections 16047, 16052, 16053, 16054, and 16055.
As used in Sections 16047, 16052, 16053, 16054, and 16055, “maximum area” means maximum area of school building construction and “attendance unit” means unit of estimated average daily attendance.
As used in this section and Sections 16053, 16054, and 16055, “attendance center” means a school maintained or to be maintained at a given location within a district. The State Department of Education shall approve or disapprove the allocation by an applicant district of units of estimated average daily attendance among the attendance centers of the district.
To the building area permitted to an applicant school district by Sections 16047, 16052, 16053, 16054, and 16055, there may be added any additional building area that may be required to provide adequate facilities for exceptional children pursuant to Article 3 (commencing with Section 16190) of this chapter.
No estimate of average daily attendance made by an applicant for the purpose of justifying an apportionment shall be made for a longer time than the third fiscal year beyond the fiscal year in which an application is made, except that an estimate for the purpose of justifying an apportionment for a grade level maintained by a unified district, under an application filed prior to September 15, 1961, or by a high school district composed of grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to 10, inclusive, or of justifying an apportionment for a unified district for a junior high school or high school project under an application made on or after the effective date shall not be made for a longer time than the fourth fiscal year beyond the fiscal year in which the application is made. Except as otherwise provided by the board, the estimates of average daily attendance shall be based upon the number of family dwellings and mobilehome parks, as defined in Section 18214 of the Health and Safety Code, under construction or newly constructed and never occupied in the district and the number of children residing in the district. In no case shall an estimate be given effect unless approved by the board.
For the purposes of this chapter pupils attending grades 7 and 8 in an elementary district but residing in a high school district which maintains one or more junior high schools shall not be considered in determining or estimating the average daily attendance of the elementary district, unless the elementary district is maintaining and has continuously maintained grades 7 and 8 since a date prior to January 1, 1959, or unless the electorate of the district, during the year 1974, has authorized the return of the seventh and eighth grade pupils from the high school district and the maintaining of grades 7 and 8 in the elementary district. When pupils attending grades 7 and 8 are so considered in determining or estimating the average daily attendance of the elementary district in making apportionment to the elementary district, these pupils shall not be considered in determining or estimating average daily attendance of the high school district in making an apportionment to the high school district for junior high school purposes.
The board shall develop statewide or areawide averages of pupil occupancy for family dwellings of various sizes and for mobilehomes of various sizes for use by applicant school districts in estimating the average daily attendance of family dwellings and mobilehome parks under construction or newly constructed and never occupied in the district.

Section § 16045

Explanation

This law explains how to determine the existing school building space in a district when they apply for school construction funds. It outlines how to include or exclude certain building areas, such as service areas like bus garages and maintenance shops. It also allows for exceptions if it benefits the children. The law specifies what buildings shouldn't be counted, like those used solely for preschools or parent cooperatives, and how different types of buildings from various time periods are treated. The overall goal is making sure the school district's construction area doesn't exceed the limits set by another section, 16044, but with options for adjustments based on specific criteria.

(a)CA Education Code § 16045(a) The board by the adoption of rules shall provide for the manner of determining the area of adequate school construction existing in an applicant school district at the time of application. The rules shall define and provide for the method of determining building areas that are to be included in whole or in part, or to be excluded from the area of existing adequate school construction.
The board may make exceptions to this section or to the rules adopted pursuant to this section when it determines that the exceptions will be for the benefit of children affected.
For the purposes of this section, “service area” may be defined as any of the following:
(b)Copy CA Education Code § 16045(b)
(1)Copy CA Education Code § 16045(b)(1) Buildings which when constructed were intended to be used for a purpose to which the provisions of Sections 17280 to 17313, inclusive, would not apply, whether or not those sections were in effect at the time when the building was constructed.
(2)CA Education Code § 16045(b)(2) Buildings which when constructed were intended to be used for a purpose to which Sections 17280 to 17313, inclusive, would apply, whether or not those sections were in effect when the building was constructed, but which building has been converted or is intended to be converted, as shown by the application, to use for purposes to which the sections would not apply. Service area may include, but is not limited to, construction used as bus garages, maintenance shops, centrally located district storage and warehouses, custodial houses, utility shelters, administration offices, transformer vaults, and service yards.
(c)CA Education Code § 16045(c) In the event that a school district has expended funds for the purpose of constructing buildings used for housing certificated employees of the district and their families, the area of the buildings and the funds expended therefor shall be accounted for in the following manner:
(1)CA Education Code § 16045(c)(1) The area of the buildings constructed or acquired with the proceeds of a tax levied under Sections 14200 to 14240, 42200 to 42247, and 45020, inclusive, shall be excluded from the building area of the district.
(2)CA Education Code § 16045(c)(2) The area of the buildings constructed or acquired with the proceeds from the sale of school district bonds prior to July 1, 1961, shall be excluded from the building area of the district, however, the bond funds shall not be considered as “eligible bonded debt service” as defined in subdivision (d) of Section 16070 and Section 16084.
(d)CA Education Code § 16045(d) The board shall exclude from the building area of a district:
(1)CA Education Code § 16045(d)(1) The area of any building which is or will be used exclusively for a parent cooperative nursery education facility, and for no other purpose, and which building at the time of acquisition thereof by the district was incidental to the purchase of a schoolsite and unsuitable for classroom purposes or which was acquired by the district without expenditure of school district funds.
(2)CA Education Code § 16045(d)(2) The area of any building which is or will be used exclusively for a preschool educational program facility pursuant to Chapter 4 (commencing with Section 54400) of Part 29, or Chapter 2.5 (commencing with Section 16150) of Part 4 of Division 9 of the Welfare and Institutions Code, or any combination thereof; provided, that the building was constructed, leased, or purchased with local general funds, or federal or state funds allocated specifically for a preschool educational program.
(e)CA Education Code § 16045(e) The area of adequate school construction existing in a district at the time of application shall be initially computed as all of the construction area of a district except all of the following:
(1)CA Education Code § 16045(e)(1) The areas as may be eligible for replacement under standards established by the board.
(2)CA Education Code § 16045(e)(2) The areas in an existing structurally inadequate building for which an application has been filed for structural rehabilitation or in a building previously structurally rehabilitated under either Chapter 6 (commencing with Section 15700) or Sections 16000 to 16207, inclusive, that exceeds the maximum building area allowed by Section 16044 for a number of pupils, equivalent to those that could be housed in the building after rehabilitation.
The board shall prescribe by rule the method of computing the number of pupils which could be so housed for the purposes of this subdivision.
(f)CA Education Code § 16045(f) If the area of adequate school construction, when added to the minimum facilities needed by the district, results in a total construction area in excess of the amount prescribed in Section 16044, then the board may make the following adjustments to the initial computation or the revisions thereof as the board, in its discretion, deems desirable:
(1)CA Education Code § 16045(f)(1) Service areas constructed prior to July 19, 1947, shall be excluded, except as provided in paragraph (3).
(2)CA Education Code § 16045(f)(2) Service areas constructed subsequent to July 19, 1947, shall be recomputed by multiplying the total number of square feet of said service area by the percentage determined from dividing the actual construction cost per square foot as determined by the Director of General Services by the estimated average cost per square foot of the new school facilities for which the district has made application.
(3)CA Education Code § 16045(f)(3) If any inadequate nonservice area constructed prior to July 19, 1947, is, or will be, converted to a service area, the area shall be recomputed by multiplying said area by the percentage determined by dividing the depreciated value of said area by the replacement cost as the value and cost are determined by the Director of General Services.
(4)CA Education Code § 16045(f)(4) If, after the revised computation of service areas is made as prescribed under paragraphs (1), (2), and (3), the existing and requested building area of the district is in excess of the schedule set forth in Section 16044, the existing building area of nonservice facilities may be determined on the basis of the number of pupils housed by the facilities at an allowance per pupil which is not more than 25 percent in excess of the amount per pupil prescribed in Section 16044.
The board shall prescribe by rule the method for computing the number of adequately housed pupils for purposes of this subdivision.

Section § 16046

Explanation

If a school building area was initially excluded when calculating adequate school construction space, it can't be counted later even if it's converted into a space for vocational education, as long as the conversion was funded by federal or district dollars specifically set aside for that and not through state funds or certain bond funds.

Any building area excluded from the computation of adequate school building construction by adjustments made under Section 16045 shall not be subsequently included in computing the area of adequate school construction by reason of its having been converted to usable instructional area used exclusively for vocational educational programs, provided the conversion was accomplished with federal or district funds, allocated specifically for that purpose, other than state apportionment funds or bond funds required to be contributed to the State School Building Aid Program.

Section § 16047

Explanation

This law specifies how much space a school district is allowed to allocate for kindergarten through sixth grade. If a district has at least 300 students in these grades, they can have 55 square feet per student. For districts with fewer than 300 students, the board will decide the appropriate amount of space, ensuring it's sufficient for educational needs while being efficient with the available area.

There shall be allowed to each district with attendance units of 300 or more in kindergarten and grades 1 to 6, inclusive, a maximum area of 55 square feet for each attendance unit of the district in kindergarten and grades 1 to 6, inclusive.
The maximum total building area per attendance unit allowed to applicant districts with attendance units of less than 300 in kindergarten and grades 1 to 6, inclusive, for the attendance units shall be determined by the board, and shall be building area to provide comparable facilities to those provided by the first paragraph of this section, and shall be the least building area required to house adequately the estimated average daily attendance and the normal instructional and other services.

Section § 16048

Explanation

This section explains that if a school district builds a building using funds other than those from the state or federal government, or receives a building as a gift or bequest from non-government sources, the area of that building isn't counted when determining existing school construction space. Additionally, if a school district leases a building for more than 24 years and pays $5 or less annually, it is considered a gift.

The area of any building constructed by a school district after September 11, 1957 with any funds other than state or federal funds given or bequeathed to the district after the effective date, and the area of any building given, devised or bequeathed to a school district by any entity other than the state or federal government after the effective date, including any building given to a district by any city, county or political subdivision of this state, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter.
For the purposes of this section, any building leased to a school district for a term exceeding 24 years and for an annual rental of not exceeding five dollars ($5), shall be construed as constituting a gift to the district.

Section § 16049

Explanation

This law says that when figuring out how much school space is available, you can't count classrooms or buildings used for adult education during regular school hours, unless those buildings were funded by selling school district bonds or through state or federal aid programs.

The area of any classroom or building used for adult education classes during the regular schoolday, except a building area that has been constructed or acquired with the proceeds from the sale of school district bonds or state or federal funds allocated to the district under any state school building aid program, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter.

Section § 16050

Explanation

This law states that if a school building was built using money from a specific past tax, its area shouldn't count when calculating how much school construction a district already has.

The area of any building, the construction of which was financed by the proceeds from a tax levied pursuant to former Section 16633, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter.

Section § 16051

Explanation

This law states that if a part of a school building wasn't built or rebuilt following certain rules, it won't count towards the school's total area for calculating space needs if it's only used for adult education classes during regular school hours. However, these classes must be approved by the State Department of Education.

The area of any building which has not been constructed or reconstructed under the provisions of Sections 17280 to 17313, inclusive, shall not be included in any computation of the area of adequate school construction under this chapter, provided that such area is being used exclusively for adult education classes during the regular schoolday and that the operation of such classes has been approved by the State Department of Education.

Section § 16051.5

Explanation

This law says that if a school building was built using money from a specific type of tax, that building's size can't be counted when calculating how much school construction a district already has.

The area of any building, the construction of which was financed by the proceeds of a tax levied pursuant to Section 49502, shall not be included in any computation of the area of adequate school construction existing in any applicant school district under this chapter.

Section § 16052

Explanation

Each school district is permitted to allocate up to 75 square feet of space for each student attending grades 7 and 8.

There shall be allowed to each district a maximum area of 75 square feet for each attendance unit of the district in grades 7 and 8.

Section § 16053

Explanation

This section sets the rules for calculating the maximum space a school district can allocate for its junior high schools, specifically for grades 7 through 9, or grades 7 through 10. For these grades, the allowed space in junior high schools is calculated in a specific way outlined in this section, not by other related sections. Essentially, districts can allocate up to 75 square feet per student in grades 7 and 8. For grades 9 and 10, the space is determined by a specific calculation that takes into account the total number of students in the junior high school and is guided by rules in another section. This doesn't apply to junior high schools that only have grades 7 and 8.

The allowance of maximum area to a district for the attendance units in junior high schools of the district composed of grades 7 to 9, inclusive, or 7 to 10, inclusive, shall be determined pursuant to this section, rather than Sections 16052 and 16054. This section does not apply to junior high schools composed of grades 7 and 8 only.
There shall be allowed to each district a maximum area for the attendance units of the district in junior high schools determined by computing, in accordance with the following paragraph, the number of square feet for the attendance units at each junior high school attendance center of the district, and totaling the number of square feet so determined for all attendance units in all such junior high school attendance centers of the district.
There shall be allowed a maximum area of 75 square feet for each attendance unit of the junior high attendance center in grades 7 and 8. For each attendance unit in grade 9, or grades 9 and 10, as the case may be, at each junior high school attendance center, there shall be allowed a maximum area of a number of square feet equal to the number of square feet which would be allowed under Section 16054 for each attendance unit of an attendance center having a total number of attendance units equal to the total number of attendance units in grades 7 to 9, inclusive, or 7 to 10, inclusive, as the case may be, at the junior high school attendance center. The number of square feet which would be allowed under Section 16054 for each attendance unit of an attendance center shall be computed by determining in accordance with that section the total number of square feet which would be allowed at an attendance center and dividing such total number of square feet by the total number of attendance units at such attendance center.

Section § 16054

Explanation

This law specifies the maximum building area allowed for school districts based on the number of students in grades 9 to 12. It uses a table to determine the total square footage that a school can have, depending on its student number range. For each range of attendance, additional square feet are added if the student count exceeds certain thresholds. Schools with larger student populations have a base amount of square footage plus additional square feet for each extra student unit above the specified limit.

There shall be allowed to each district a maximum area for the attendance units of the district in grades 9 to 12, inclusive, determined by computing, for the attendance units in grades 9 to 12, inclusive, at each attendance center of the district, a number of square feet for the number of attendance units in such grades at each attendance center, in accordance with the following table, and totaling the number of square feet so determined for all attendance units in such grades of all attendance centers of the district:
Attendance units of attendance
center
Maximum number of square feet
of building area
  1-50  ........................  18,000
 51-100  ........................  18,000
plus 162 for each attendance
unit over 50
101-200  ........................  26,100
plus 99 for each attendance
unit over 100
201-300  ........................  36,000
plus 60 for each attendance
unit over 200
301-600  ........................  42,000
plus 54 for each attendance
unit over 300
601-1,800  ........................  58,200
plus 80 for each attendance
unit over 600
Over 1,800  ........................  154,200
plus 85 for each attendance
unit over 1,800

Section § 16056

Explanation

If a unified school district in California qualifies for funding but can't receive it because of existing school buildings in its area, they can calculate building needs separately for each part of the district. This way, existing buildings in one part won't stop the rest from getting funds. The district can ask for a survey to determine these needs, and the State Superintendent of Public Instruction will check and report on what new buildings are necessary.

When a unified district which is otherwise qualified for an apportionment under this chapter applies for an apportionment and the area of adequate school construction existing in any one of the component elementary districts included in the unified district is of such an amount that the district is prevented, by Sections 16044 to 16055 inclusive, from receiving an apportionment, the maximum area of school construction for each unit of attendance, for elementary school construction prescribed by such sections, may be computed separately for each component elementary district without regard to the area of adequate school construction existing in the other component districts, and apportionments made to the unified district on the basis of such separate computations. On request of the governing board of the unified district the State Superintendent of Public Instruction shall make or cause to be made a survey of building needs in the district and the area computations for elementary school construction. He or she shall report his or her findings and recommendations to the board for consideration in connection with any application before the board from the unified school district.

Section § 16057

Explanation

This law explains that a school district can get paid back, or reimbursed, for certain costs related to construction or similar projects that have been approved by the board. To qualify for payment, the construction contract must have been awarded no earlier than two years before the district applied to the board. If the district started spending money or working on the project before their application was received, the board must specifically approve payment or reimbursement by a special resolution.

Payment shall be made in accordance with the terms of a final apportionment, either directly or by way of reimbursement, to a school district for expenditures, or commitments therefor, which have been made by the district for any items approved by the board in the apportionment, provided, the construction contract has been let no earlier than two years preceding the date the application is received by the board. Where expenditures were made for, or work was commenced with respect to, any item so approved, prior to the time the application of such district containing such item was received by the board, payment or reimbursement for the item, either with state funds or with district funds which the district is required to contribute by the apportionment, shall be made only upon authorization of the board by special resolution citing this section.

Section § 16058

Explanation

For a school district to receive final funding from the state, specific conditions about district bonds must be met. The district must have bonds either at nearly full capacity or close to a specific monetary threshold. When state funds are conditionally allocated, the district needs to issue bonds sufficient to cover the project’s cost. These bond sales must be approved by the district's voters through an election. If the district later decides to authorize new bonds for projects compatible with initial funds, voter approval implies consent for applying these funds to reduce previous apportionments. Finally, any agreement or expenditure must get voter approval with a supermajority vote, ensuring transparency and responsibility in accepting and repaying state funds.

No apportionment to a school district shall become final unless: (a) the total amount of outstanding bonds of the district exceeds 95 percent of the basic bond requirement of the district on the date the conditional apportionment is made, or (b) if the total amount of the bonds of the district outstanding and unpaid is within twenty-five thousand dollars ($25,000) of the basic bond requirement of the district, as of the date on which the conditional apportionment is made, or (c) the district has issued and sold pursuant to this section, and as a condition to the initial conditional apportionment, an amount of bonds equal to the total cost of the project for which the apportionment was made, including necessary contingencies. At the time the board makes a conditional apportionment pursuant to Section 16024, it shall determine the total amount of bonds which shall be issued and sold by the district, the proceeds of which shall be applied toward the cost of the project for which the apportionment is sought. The amount so determined by the board shall be not less than the minimum amount required for the apportionment to become final under this section. Any apportionment made by the board pursuant to Section 16024 shall be conditioned upon the approval and sale of the bonds by the district. The amount of any apportionment for a construction project made as a consequence of applying district bond proceeds toward the reduction of prior apportionments pursuant to this section instead of applying the district bond proceeds toward the cost of the construction project, shall be excluded in determining the amount chargeable against the apportionments authorized by the electorate of the district to be accepted, expended and repaid. It is hereby declared that this provision, added by the amendment to this section enacted at the 1958 First Extraordinary Session of the Legislature, is not intended as a change in the law, but rather as a declaration of existing law.
Any provision of this code to the contrary notwithstanding, whenever the electors of a district, subsequent to any requirement by the board for the sale of bonds in connection with an apportionment, authorize the issuance of bonds for any purpose for which an apportionment could lawfully be made, the authorization shall, in addition to the purposes specified, be deemed to constitute the consent of the electors to apply the proceeds of the bonds so required to be sold by the board toward the reduction of any apportionment previously made to the district. Any bond funds used to reduce any apportionment pursuant to this section shall be transferred to the State School Building Aid Fund and shall be available for reapportionment by the board. The amount so determined by the board shall be not less than the minimum amount required for the apportionment to become final under this section. Any apportionment made by the board pursuant to Section 16024 shall be conditioned upon the approval and sale of the bonds by the district.
No apportionment to a school district under this chapter shall become final, nor any agreement authorized by Section 16042 be entered into unless at an election called by the governing board of the district, two-thirds of the qualified electors of the district voting thereat have authorized the governing board to accept, expend and repay as provided in this chapter and apportionment under the provisions thereof or, with respect to the agreement, to obligate the district in an amount equal to or in excess of the maximum amount which the district could be obligated by the agreement, or by any act of its governing board or for which it is responsible, contemplated or permitted thereby. The election shall be called, held and conducted in the same manner as are elections to authorize the issuance of school district bonds, except that the ballot shall contain substantially the following words:
“Shall the governing board of the district be authorized (1) to accept and expend an apportionment from the State of California under and subject to the provisions of Chapter 8 (commencing with Section 16000) of Part 10 of Division 1 of Title 1 of the Education Code, which amount is subject to repayment as provided by said chapter, or (2) to enter into an agreement or agreements with the state pursuant to Section 16042 of the Education Code, which will at the time of such agreement or agreements (or at the time of any subsequent act of the governing board, or for which it is responsible, contemplated or permitted thereby) commit the district to a total expenditure in connection with all such agreements of not more than ____ dollars ($____), or both. Yes__ No__.”

Section § 16059

Explanation

This law allows a school district that has saved money on completed projects to apply for more funding for additional facilities. The extra funding given can't be more than the amount saved and isn’t counted as extra or leftover money that needs to be reported. Also, using these savings doesn’t change the repayment schedule of any previous funds the district received.

Notwithstanding any provision of Section 16058, if a previously eligible applicant school district has received apportionments and has realized savings in state aid apportionments or district contributions, or both, including any interest earned thereon, on completed projects pursuant to this chapter, which projects have not been reduced to final costs, the district may apply for, and shall be granted, final apportionments for additional eligible facilities in a total amount not to exceed those project savings.
The project savings for which a district has applied pursuant to this section shall not be considered excess apportionments or unencumbered balances for the purposes of Sections 16100 and 16104.
In no event shall the grant of the project savings to the district pursuant to this section extend the repayment period of any prior apportionments for the purposes of canceling the interest and principal payable thereon pursuant to Section 16083.

Section § 16060

Explanation

This law says that if a school district issues bonds and they come close to their bond requirement (within $5,000), they can still receive funding allocations. This is true even if they haven't sold additional bonds, as long as they use the bond money for the intended purpose. They'll remain eligible for this funding until the next county assessment, even if they pay off some bonds or if the district's boundaries change in that time.

Notwithstanding any provisions of Section 16058, if an applicant district issues and sells bonds prior to an apportionment in an amount which results in its being on the date of the apportionment within five thousand dollars ($5,000) of the basic bond requirement of the district, and makes the entire proceeds of the bond issue available for the purposes of the apportionment, or as a condition of an apportionment is required by the board to sell bonds to within five thousand dollars ($5,000) of the basic bond requirement of the district, and to make the proceeds available for the purposes of Section 16058, the district shall remain qualified to receive an apportionment or apportionments prior to the next equalized assessment of the county or counties in which said district is located without being required to issue and sell additional bonds, notwithstanding the retirement of any bonds of the district or territorial changes therein subsequent to any apportionment referred to in this section and prior to the next equalized assessment.

Section § 16061

Explanation

After an election decides on school funding through bonds, the county superintendent must quickly make a certificate confirming whether the bonds have been authorized and whether the school district can accept and use the funds. This certificate is sent to the board and the Controller. When the bonds are sold and the money is ready to be used, the superintendent certifies this again. Once these certificates are received, the funding becomes official.

Immediately after the result of the election has been determined, the county superintendent of schools shall make a certificate in duplicate stating whether the bonds have been authorized in the amount prescribed by the board and whether the school district has authorized the acceptance and expenditure of the apportionment. One copy of the certificate shall be sent to the board and one copy to the Controller. When the bonds authorized have been issued and sold and the proceeds thereof made available for the purposes of the application, the county superintendent of schools shall also certify this fact to the board and the Controller. Upon the receipt by the board of the certificates stating that the bonds have been issued and sold and the proceeds made available for the purposes of the application, the apportionment shall become final.

Section § 16062

Explanation

This law establishes rules for when a school district can hold an election related to accepting, spending, and paying back certain funds. The election can be scheduled anytime before or after the funds are allocated, except it cannot happen within 45 days before or 45 days after a statewide election unless it coincides with that election.

The election by a school district upon the acceptance, expenditure, and repayment of an apportionment prescribed by Section 16058 may be called and held either before or after the making of an apportionment except that no election shall be held within 45 days before a statewide election or within 45 days after a statewide election unless conducted at the same time as that statewide election, subject to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code.

Section § 16063

Explanation

This law confirms that if, before 1980, a school district was conditionally given funds for building projects, and later the local voters and authorities approved and secured these funds as required, then those funds are officially approved for use. However, no additional money authorized by bond measures can be spent without explicit approval from the appropriate board.

Whenever a conditional apportionment has, prior to January 1, 1980, been made to an applicant school district pursuant to this chapter and thereafter the county superintendent of schools of the county having jurisdiction over the district has certified to the board and the Controller that at an election called, held and conducted in the district for that purpose, two-thirds of the qualified electors of the district voting thereat authorized the governing board of the applicant school district to accept, expend and repay an apportionment under this chapter, and whenever thereafter the county superintendent of schools has certified to the board and the Controller that the amount of bonds, if any, required by the board, as a condition to the apportionment becoming final, have been issued and sold and the proceeds thereof made available for the purposes of the application and the board has certified to the Controller that the apportionment to the applicant school district has become final, the final apportionment is hereby confirmed, ratified, and validated, and any expenditure of money from the State School Building Aid Fund according to the terms of the final apportionment is hereby confirmed, ratified, and validated.
Notwithstanding any provision to the contrary, no funds authorized by any bond act for the purpose of this chapter shall be made available for expenditure without specific authority of the board or its delegated representative.

Section § 16064

Explanation

This law states that if a school district was given funds by the board after November 1, 1960, on the condition they would issue and sell a specific amount of bonds and a past election had two-thirds voter approval for these bonds, then all steps taken by the district to authorize, issue, sell, or exchange these bonds are confirmed and legally valid. Any bonds that have been or will be issued under this authorization are officially binding and legal obligations for the district.

If the board has made an apportionment to a school district after November 1, 1960, upon the condition that the district issue and sell district bonds in an amount prescribed by the board, and an election was heretofore held in the district at which two-thirds of the voters voting on the proposition to authorize the issuance and sale of bonds in an amount sufficient to meet the condition of the apportionment voted in favor thereof, all acts or proceedings heretofore taken by or on behalf of the school district, under any law, or under the color of any law, for the authorization, issuance, sale or exchange of the bonds of the school district for any public purpose are hereby confirmed, validated and declared legally effective. This shall include all acts and proceedings of the governing board of the school district, and of any person or officer, heretofore done or taken upon the authorization, issuance, or sale of the bonds.
All bonds of any the school district heretofore authorized to be issued and hereafter issued and delivered in accordance with the authorization shall be the legal, valid and binding obligations of the district.
As used in this section the word “hereafter” means any time on or subsequent to the effective date of this section and the word “heretofore” means any time prior to the effective date.

Section § 16065

Explanation
When a school district in California receives funding for building projects, they have to pay interest on that money. The interest rate is decided by a state board and the Director of General Services. They base it on the average interest rates from recent state school building bond sales. The board adjusts this average rate to cover additional costs, and this adjusted rate determines what the district pays each year.
Notwithstanding any provision to the contrary after June 28, 1955, at the time the board makes an apportionment, the board, with the approval of the Director of General Services, shall, pursuant to this section, fix the rate of interest to be paid by the district on the sum apportioned to it. The board shall compute the average of the rates of interest which the state pays upon the state school building bonds, authorized by Article XVI, sold at the three sales of state school building bonds occurring immediately prior to the apportionment, or, if the board so determines, at all of the sales of the bonds occurring in the two years immediately prior to the apportionment, giving effect to the price at which the state school building bonds sold at the sales, and the premium, if any paid, thereon. The average rate shall be adjusted to the next highest one-tenth of 1 percent to cover the cost of sale and issuance of the bonds and costs of administration. The adjusted average rate shall be the rate paid by the district on its apportionment, and shall be compounded annually through the 30th day of June of each year.

Section § 16066

Explanation

This law is about how money is given out from the State School Building Aid Fund in California. It says that even if there's not enough money in the fund at the time, apportionments, or allocations, can still be made. Payments can be processed from the fund, even if it looks like it might not cover everything right then. However, money that's supposed to be moved to the General Fund or used for other legal obligations can't be spent on these apportionments.

Apportionments may be made irrespective of whether there is on deposit at the time thereof a sufficient amount in the State School Building Aid Fund to permit the payment of the apportionments. Disbursements may be made under any apportionment which heretofore or hereafter becomes final from any funds in the State School Building Aid Fund without regard to whether there exists at the time of the disbursement a sufficient amount in the fund to permit the payment in full of all apportionments previously made. However, no disbursements shall be made from any funds in the State School Building Aid Fund required by law to be transferred to the General Fund, or from any moneys therein which the Controller deems necessary to satisfy appropriations from the fund for purposes other than apportionments.

Section § 16067

Explanation

This law says that a school district in California won't receive funding for building new schools or changing existing ones unless their plans meet all the necessary requirements. These plans also need the State Department of Education's stamp of approval before any money is given.

No apportionment shall be made to a district for the construction, reconstruction, or alteration of, or addition to, school buildings if the requirements prescribed by this code for the construction of school buildings are not met by the plans for the entire building program of the district in connection with which the district applied for an apportionment or for any project or part thereof which has not been approved by the State Department of Education.

Section § 16068

Explanation

This law says that if a school district gets money from the federal government to cover costs already paid for building school facilities, any future repayments that the district owes will be increased by the amount of that money. However, if the federal money is being put toward new part-funded school facilities and used correctly, the repayment won't be increased.

If any school district receives a final apportionment under this chapter and after November 12, 1952, receives money from the federal government as reimbursement for any expenditures by the state or school district for constructing any school facilities included in the construction project for which the district is receiving an apportionment, the amount of the district’s annual repayment next succeeding the date on which the district receives the money shall be increased by the amount of the money so received; provided, however, that the annual repayment of the district shall not be so increased where the money received from the federal government constitutes a contribution toward the cost of school facilities which are to be acquired, in part, with an apportionment, and the federal funds are encumbered or expended by the district in accordance with the purposes of the apportionment.

Section § 16069

Explanation

If a school district receives funding as described in this chapter, they're required to pay back the original amount along with any interest, following the specific rules set out here.

Each district to which an apportionment has been made under this chapter shall repay the principal amount of the apportionment and the accrued interest thereon in the amount and in the manner provided in this chapter.

Section § 16070

Explanation

This section of the law defines several terms used to figure out financial calculations for school districts. The 'forty-cent tax amount,' 'thirty-cent tax amount,' and 'ten-cent tax amount' refer to how much money would come in from specific tax rates based on property values, adjusted after the 1980-81 fiscal year. The 'eligible bonded debt service' is about the money needed to pay back certain debts related to previous school projects before new funding is considered. These definitions help determine how much money each grade level in a district has received from past tax apportionments.

The following definitions apply to the computation and determinations required to be made under Section 16072, 16074, and 16075, and they apply with respect to each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year.
(a)CA Education Code § 16070(a) “Forty-cent tax amount” means the amount that would be produced by a tax of forty cents ($0.40) on each one hundred dollars ($100) of assessed valuation, to and including 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.10 percent of the full valuation. This tax amount shall exclude the full value of solvent credits and other intangible property, for the current fiscal year within the district.
(b)CA Education Code § 16070(b) “Thirty-cent tax amount” means the amount that would be produced by a tax of thirty cents ($0.30) on each one hundred dollars ($100) of the assessed valuation to and including the 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.075 percent of the full valuation.
(c)CA Education Code § 16070(c) “Ten-cent tax amount” means the amount that would be produced by a tax of ten cents ($0.10) on each one hundred dollars ($100) of the assessed valuation to and including the 1980–81 fiscal year. For the 1981–82 fiscal year and thereafter, the tax shall be 0.025 percent of the full value.
(d)CA Education Code § 16070(d) “Eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the bonded indebtedness of the district that was incurred for each the grade level prior to the making of the first apportionment for grade level to the district under the provisions of this chapter computed as provided in Section 16072 plus the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part, provided that for the purposes hereof the first apportionment made to a district for a grade level after all previous apportionments to the district for that grade level have been repaid in full, excluding apportionments made under Section 16039 and not combined with construction apportionments, shall be deemed to be the “first apportionment for the grade level.”

Section § 16071

Explanation

This section is about certain school districts in California that applied for state funding for school buildings after April 30, 1977. It explains how taxes and funding terms should be calculated. There are specific tax percentages (0.20%, 0.15%, 0.05%) used to gauge how much money a district will get based on property values. The section also talks about 'bonded debt service', meaning the money a district needs to pay back on loans it took for school construction. These calculations are applied to funding requests for grades K-12 and affect how much a district can owe or earn back based on their previous financial commitments.

This section applies only to a unified school district that filed an application on or after April 30, 1977, for an apportionment for a grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive, and the repayments required for apportionments made under those applications.
The following definitions apply to the computation and determinations required to be made under Sections 16072, 16074, and 16075, and they apply with respect to the grade level of a unified school district for which grade level an apportionment has become final during any preceding fiscal year:
(a)CA Education Code § 16071(a) “Forty-cent tax amount” means the amount that would be produced by a tax of 0.20 percent of full valuation for the current fiscal year within the district.
(b)CA Education Code § 16071(b) “Thirty-cent tax amount” means the amount that would be produced by a tax of 0.15 percent of full valuation for the current fiscal year within the district.
(c)CA Education Code § 16071(c) “Ten-cent tax amount” means the amount that would be produced by a tax of 0.05 percent of full valuation for the current fiscal year within the district.
(d)CA Education Code § 16071(d) “Eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the bonded indebtedness of the district that was incurred for each grade level prior to the making of the first apportionment for the grade level to the unified school district under this chapter computed as provided in Section 16072 plus the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part.
If the unified school district’s first apportionment under this chapter was for a grade level consisting of kindergarten, if any, and grades 1 to 6, inclusive, grades 1 to 8, inclusive, grades 7 to 12, inclusive, grades 9 to 12, inclusive, or grades 7 to 10, inclusive, “eligible bonded debt service” means the amount raised and to be raised by the district during the current fiscal year for the repayment of principal and interest on the portion of the indebtedness that was incurred for elementary and high school purposes prior to the making of the first apportionment under this chapter computed as provided in Section 16072 together with the amount of the annual repayment under Chapter 6 (commencing with Section 15700) of this part.

Section § 16071.5

Explanation

This law says that if a district raises more money than its basic bond requirement to pay off the principal and interest on bonds, that extra money won't count when the state calculates the district's repayment or deferment numbers.

The amounts raised and to be raised by the district during the current fiscal year for repayment of principal and interest for any bonds, issued and sold by an applicant district, which are in excess of the “basic bond requirement,” as defined in Section 16002.5, shall not be considered as “eligible bonded debt service” for purposes of computing repayments or deferments pursuant to Sections 16070, 16072, 16073, 16084 and 16086.

Section § 16072

Explanation

This section outlines the responsibilities of the Director of General Services in determining and certifying the amount of eligible bonded debt service for school districts every fiscal year, by December 1st. The Director must calculate how much debt a district has for each grade level when bonds are issued for multiple grades and adjust for any extra money raised or required for the bonds. If there’s a difference between what's certified and what's actually raised from the previous year, adjustments are made to this year's debt service. Additionally, if a school district has received special funding, the Controller calculates the annual repayment needed for these funds and includes it with the district's bonded debt service.

On or before the first day of December of each fiscal year, the Director of General Services shall determine for each grade level and certify to the Controller the eligible bonded debt service for the district, as follows:
(a)CA Education Code § 16072(a) He or she shall determine the amount of the bonded indebtedness that was incurred by the district for each grade level, when bonds were issued and sold for purposes of more than one grade level. When one or more additional apportionments have been made to a grade level of a school district, conditioned upon the issuance and sale of additional bonds of the district or upon the requirement that the proceeds of bonds issued and sold be contributed for the purposes of the application for which the apportionment is made, the Director of General Services shall determine and include in the eligible bonded debt service and in his certificate the amount raised and to be raised by the district during the current fiscal year for the payment of principal and interest on that portion of the additional bonded indebtedness of the district that was incurred for each such grade level as a condition to receiving the additional apportionment or which was incurred for bonds issued and sold, the proceeds of which were required to be contributed for purposes for which the apportionment was made.
(b)CA Education Code § 16072(b) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is more than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 16070 and subdivision (a) of this section, then the Director of General Services shall subtract from the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of such bonded indebtedness and the amount so certified by the Director of General Services.
(c)CA Education Code § 16072(c) If the Director of General Services determines in any fiscal year that the amount certified to the Controller as the eligible bonded debt service during the last preceding fiscal year is less than the amount actually raised by the district for the repayment of principal and interest of the bonded indebtedness referred to in subdivision (d) of Section 16070 and subdivision (a) of this section, then the Director of General Services shall add to the amount determined as the eligible bonded debt service for the current fiscal year an amount equal to the difference between the amount actually raised by the district during the preceding fiscal year for the repayment of the bonded indebtedness and the amount so certified by the Director of General Services.
(d)CA Education Code § 16072(d) If an apportionment has been made to a district for a grade level for which the district also received an apportionment pursuant to Chapter 4 (commencing with Section 15700) of this part, the Controller shall determine the amount of the annual repayment, if any, due from the district during the next succeeding fiscal year for the grade level as required by Chapter 4 (commencing with Section 15700) of this part and the amount shall be included by the Controller in the eligible bonded debt service of the district for that grade level. For an apportionment to a unified district for a grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive, for which an application for an apportionment was filed on or after the effective date of the amendment to this section made at the 1961 session of the Legislature, if an apportionment had also been made to the district pursuant to Chapter 4 (commencing with Section 15700) of this part for a grade level consisting of kindergarten, if any, and grades 1 to 6, inclusive, or 1 to 8, inclusive, or grades 7 to 12, inclusive, 9 to 12, inclusive, or 7 to 10, inclusive, the Controller shall determine the amount of the annual repayment, if any, due from the district during the next succeeding fiscal year for all of the grade levels as required by Chapter 4 (commencing with Section 15700) and the amount shall be included by the Controller in the eligible bonded debt service of the district for the grade level consisting of kindergarten, if any, and grades 1 to 12, inclusive.

Section § 16072.5

Explanation

If a school district uses money from selling local bonds for a project, the Director of General Services must factor in the amount needed to pay back the bonds when calculating the district's eligible debt payments.

Whenever a school district has applied the proceeds of a sale of local bonds to a project pursuant to subdivision (c) of Section 17032, the Director of General Services shall include in the determination of the eligible bonded debt service of the district, the amount raised or to be raised for repayment of principal and interest on that portion of the bonded indebtedness of the district generating the proceeds.

Section § 16073

Explanation

This law section lays out the process for a school district in California that hasn't sold bonds in two years and doesn't qualify for deferment. If the district issued bonds to get funding but didn't account for them in its bond budget, the Director of General Services will calculate what needs to be raised through taxes in the next year. This amount will then be certified to the Controller to handle the debt. This rule has been in effect since the 1972-73 fiscal year.

Whenever (a) a school district which has not sold bonds within two fiscal years immediately preceding the fiscal year in which a repayment computation is made pursuant to this article; and (b) the district is not eligible for deferment under Section 16084 or 16086 and has been required during the fiscal year in which repayment computations are made to issue bonds in order to qualify for an apportionment; and (c) no funds for the required bond issue have been provided during that year in the district’s bond interest and redemption fund budget, the Director of General Services shall determine the eligible portion of the amount required from taxes for the required issue during the next succeeding fiscal year and shall certify the amount to the Controller as additional eligible debt service prior to the levy of taxes during such fiscal year. The provisions of this section shall apply to the qualifying bond requirements commencing with the 1972–73 fiscal year.

Section § 16074

Explanation

Every year by January 1st, the Controller needs to calculate certain tax amounts for each grade level in a school district based on previous years' apportionments. Specifically, these amounts are 40 cents, 30 cents, and 10 cents for each school grade.

On or before the first day of January of each fiscal year, the Controller shall compute for each grade level of a district for which grade level an apportionment has become final during any preceding fiscal year the 40-cent tax amount, the 30-cent tax amount and the 10-cent tax amount.

Section § 16075

Explanation

Each year by January 1st, the Controller calculates whether school districts owe any money to the state based on their debt and tax amounts. If a district's eligible debt service for a grade level is higher than what they collect from a 40-cent tax, they owe nothing. But if they collect more than they owe, the extra amount must be repaid to the state. If their debt service is lower than a 10-cent tax, they only repay the difference up to a 30-cent tax equivalent. The total owed is the combined amount for all grade levels.

On or before the first day of January of each fiscal year the Controller shall determine the annual repayment, if any, to be due from each district during the next succeeding fiscal year, as follows:
(a)CA Education Code § 16075(a) If, for any grade level of a district, the amount of the eligible bonded debt service exceeds the 40-cent tax amount, no annual repayment shall be due the state from such district with respect to such grade level during the next succeeding fiscal year.
(b)CA Education Code § 16075(b) If, for any grade level of a district, the 40-cent tax amount is greater than the eligible bonded debt service, the amount of such excess shall constitute the annual repayment due the state with respect to such grade level during the next succeeding fiscal year; except that if the eligible bonded debt service is less than the 10-cent tax amount, the annual repayment shall equal the 30-cent tax amount.
(c)CA Education Code § 16075(c) The total repayment for each district is the sum of the annual repayments determined for each grade level of the district under this section.

Section § 16076

Explanation

Whenever an extra amount of eligible debt is identified by the Director of General Services, the Controller must recalculate the yearly repayment amount. Then, they need to inform specific local officials about this updated amount before local taxes are set. These officials include the board of supervisors, the school district's governing board, the county auditor, and the county superintendent of schools.

Whenever the Director of General Services has certified an additional amount of eligible debt service under the provisions of Section 16073, the Controller shall make a recomputation of the annual repayment and notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the revised repayment. The recomputation and notification shall be completed prior to the date on which the board of supervisors makes the levy of taxes for county purposes.

Section § 16077

Explanation

This law explains how funding, called an apportionment, for school district projects that include a multipurpose room is handled. The board needs to specify how much of the funding is for the multipurpose room. If a district gets this funding, they have to repay that specific portion, with interest, while also making regular payments on other funding. Deductions will continue yearly until the multipurpose room portion is fully repaid or for an extra 10 years, whichever comes first. After 40 years, if there's still money owed, it gets canceled, and the state transfers full ownership of the facility to the district.

If an apportionment is made for a project which includes a multipurpose room the board shall determine and specify the portion of the apportionment that is allocated to the cost of the multipurpose room.
If a district receives an apportionment a portion of which is for a multipurpose room it shall repay the principal amount of such portion of the apportionment as an additional payment as provided by this section. Interest on the total apportionment shall be paid as provided in Section 16083. The repayment is in addition to the repayments required on the total of all apportionments to the district, which shall be repaid as otherwise provided in this chapter.
Notwithstanding the provisions of Sections 16083 and 16087 for cancellation of the principal amount of apportionments the Controller shall continue to make the deduction provided by Section 16080 during each fiscal year thereafter until the principal amount of the portion of the apportionment that was allocated to the cost of the multipurpose room and was made and disbursed to the district has been withheld, or for an additional period of 10 years, whichever first occurs. At the expiration of 40 years from the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment became final, the unpaid balance of the principal amount of the portion of the apportionment shall be canceled on the books of the State Controller and the provisions of Section 16083 shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 16087.

Section § 16078

Explanation

This law says that each year, a school district must repay at least enough money to cover the state's costs for paying off the principal and interest on any debts it took on to fund the district's projects.

Notwithstanding any other provision of this chapter, the total amount of the repayment made each year by each school district to which one or more apportionments have been made under this chapter shall not be less than the amount of the cost to the state for that year to pay principal and interest on the bonded indebtedness incurred to fund the apportionment or apportionments made to that district.

Section § 16079

Explanation

This law states that no matter how many funding allocations a school grade level receives, the total amount that must be paid back in one fiscal year cannot be more than what would be calculated using another set of specific rules. This ensures a cap on annual repayments, even if multiple allocations are involved.

Notwithstanding any other provision of this chapter, and regardless of how many apportionments are made to a grade level of a school district under the provisions of this chapter, the total annual repayment for such grade level during any fiscal year, covering all such apportionments, shall not exceed the amount that would be computed under Sections 16070 to 16080, inclusive, for any one of such apportionments.

Section § 16080

Explanation

In the year after the Controller figures out how much each school district owes back, they will evenly spread out this repayment deduction from the money the districts receive in February through May from the State School Fund. The deducted money is then added to the State School Building Aid Fund. It's important to note that money in this fund is only for transferring to the General Fund as detailed in another section.

The Controller shall, during the next fiscal year following that in which he or she determines the annual repayment as herein provided, deduct the total amount of the annual repayment of each district in equal amounts from each of the February, March, April, and May installments of the apportionments made to the district from the State School Fund under Sections 46304, 46305, and 41050 and 92, Sections 41330 to 41343, inclusive, and Sections 41600 to 41972, inclusive, and, on order of the Controller, the amount so deducted shall be transferred to the State School Building Aid Fund. All money transferred to the State School Building Aid Fund under this section shall be available only for transfer to the General Fund of Section 16403.

Section § 16080.5

Explanation

This law allows certain school districts in California to pay back only half of their usual annual debt related to school facilities if voters in that district approve a local bond for building or fixing up schools. The State Allocation Board must certify that the district qualifies, and the school district must ask in writing to benefit from this reduction.

(a)CA Education Code § 16080.5(a) Notwithstanding any other provision of this chapter, for any school district that qualifies under subdivision (b), as certified by the State Allocation Board, the Controller, upon receipt of a written request to that effect from the governing board of the school district, shall reduce the tax amount that would otherwise be utilized in computing the district’s annual repayment obligation under this chapter by the amount of 50 percent.
(b)CA Education Code § 16080.5(b) Subdivision (a) shall apply to any school district in which, on or after January 1, 1989, the voters of the district approve a local general obligation bond measure, which measure includes within its purposes the funding of school facilities construction or reconstruction. Subdivision (a) shall apply to a district that qualifies under this subdivision as of the day following the date of that voter approval.

Section § 16081

Explanation

This law explains what happens when a school district must refund taxes because it mistakenly taxed property that should have been tax-exempt. If the property makes up 1% or more of the district's taxable value, the state will adjust the district's state funding for the next financial year to account for the refund. Essentially, the state's financial support to the district gets reduced by the amount that should have been exempt from taxation in the previous year.

Notwithstanding any provision of law to the contrary, whenever in any fiscal year, pursuant to Chapter 5 (commencing with Section 5096), Part 9, Division 1 of the Revenue and Taxation Code, a refund is made or a judgment rendered, as the case may be, for the return of an amount collected as school district taxes levied during a previous year upon secured or unsecured personal property, because it was determined that such property was exempt from taxation, and such property so determined to be exempt equals 1 percent, or more, of the assessed valuation in the school district upon which school district taxes for such previous year were levied, the Controller shall reduce the annual repayment of the district and the amount deducted from the State School Fund apportionment of such district for the fiscal year next succeeding that in which such refund was made or judgment rendered, by that amount by which the annual repayment and deduction of the district would have been reduced for the fiscal year next succeeding that in which such taxes were levied had the assessed valuation upon which such annual repayment was computed not included an amount of assessed valuation equal to the amount of assessed valuation of the property so determined to be exempt.
The amount of annual repayment and deduction, reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 16080, 16089 and 16090 for the fiscal year in which such reduction is made.

Section § 16082

Explanation

This section explains how certain tax computations and repayments should be handled for school districts in California. If a school district asks, the state will adjust how it calculates tax amounts based on changes in property values when some tax revenues have been held back or "impounded." The law talks about how much to use in these calculations, especially if property values change more than specified percentages. If tax revenues that were previously withheld are released later, those adjustments need to be reflected in future payments to the school districts. This is to make sure that previous reductions are corrected. Additionally, it clarifies that certain deductions and repayments should be adjusted if needed.

(a)CA Education Code § 16082(a) Upon request of the district, the Controller shall use in computing the “40-cent, 30-cent, and 10-cent tax amounts” under Section 16070 the difference between the total assessed valuation of property in a district as shown on the equalized assessment roll for the current fiscal year and the assessed valuation of property as shown on the equalized assessment roll for the current fiscal year, in excess of 2 percent of such total assessed valuation, with respect to which revenues of the district taxes levied in the 1954–1955 fiscal year, or thereafter, have been impounded by the county auditor pursuant to Section 14240. Beginning with the 1981–82 fiscal year, the difference in excess of 0.50 percent of the total assessed value shall be used in the computation. If the request is received prior to August 1, 1955, with respect to the impounding of revenues of taxes levied during the 1954–1955 fiscal year, the Controller shall recompute the annual repayment of the district due during the 1955–1956 fiscal year on the basis of the reduced assessed valuation, and, on or before September 1, 1955, notify the officers and board referred to in Section 16089 of the recomputed annual repayment for the 1955–1956 fiscal year, and of the recomputed amount to be deducted from the State School Fund apportionment to the district during the 1955–1956 fiscal year.
(b)CA Education Code § 16082(b) Whenever, after July 1, 1955, the county auditor notifies the Superintendent of Public Instruction and the Controller of the release of impounded tax revenues to the school district, the Controller shall add to the annual repayment of the district for the first fiscal year or second fiscal year next succeeding that in which the notification of release was made, that amount by which the annual repayment of the district for a previous fiscal year was reduced by reason of the exclusion of assessed valuation with respect to tax revenues impounded and thereafter released.
(c)CA Education Code § 16082(c) The amount of annual repayment and deduction, increased or reduced as required by this section, shall be the amount deducted by the Controller for the purposes of Sections 16080, 16089, and 16090 for the fiscal year in which the increase or reduction occurs.
(d)CA Education Code § 16082(d) If a request is received from a school district and an annual repayment reduced pursuant to subdivision (a) hereof, Section 16081 shall not apply with respect to any tax revenues to which subdivision (a) applies.

Section § 16083

Explanation

This law is about how the state manages the repayment of money given to a school district. The Controller will deduct amounts from the district's funds each year until the principal loan amount and any interest are paid back. However, no interest will be charged after 25 years from when the loan became final, and after 30 years, any remaining debt is canceled and the state can't demand repayment. If there's any annual repayment amount calculated before the debt is canceled but hasn't been collected yet, the Controller will still take that from the district's funds afterwards. This statute also clarifies that certain grade levels won’t be used in repayment calculations after the debt is canceled.

The Controller shall make the deduction provided by Section 16080 during each fiscal year, as herein provided, until the principal amount of the apportionment made and disbursed to the district for the grade level, and all accrued interest due thereon, has been withheld; but no interest shall accrue, or become due and payable, to the state with respect to the principal amount of the apportionment, or any portion thereof, for any period of time following the expiration of 25 years after the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment becomes final. At the expiration of 30 years from the first day of July of the fiscal year next succeeding the fiscal year in which the apportionment became final, the unpaid balance of the principal amount of the apportionment disbursed to the district, including all interest included in the principal amount as provided in Section 16088, shall be canceled on the books of the Controller; and the state shall have no further right to the repayment of the unpaid balance. Notwithstanding the provisions of this section, that portion of the “annual repayment,” if any, computed by the Controller under Section 16075 prior to the date of cancellation of the principal amount of an apportionment under this section, which has not been withheld by the Controller, as provided by Section 16080, prior to the date of the cancellation, shall be withheld by the Controller, as provided by Section 16080, subsequent to the effective date of the cancellation; and the amount so withheld shall be credited to the school district in determining the principal amount of the apportionment, including all interest included therein, which is canceled under the provisions hereof. The grade level shall be excluded from any computations provided under Sections 16070, 16071, 16072, 16074, and 16075, in making the computations, after the effective date of the cancellation, to determine the “annual repayment,” if any, that may thereafter be due the state from the school district with respect to other grade levels thereof.

Section § 16084

Explanation

This section allows California school districts to request a deferment of their annual repayment obligations. If they file a request by June 30 of a fiscal year, they may postpone paying all or part of what they owe next year if they're eligible. Once requested, the deferment applies yearly until the district asks to stop it. The deferment amount is based on taxes needed to cover certain debts, and schools pay what’s due later. If there's still money owed after 30 years, they get 10 more years to repay before the debt is canceled. Various officials like the Controller and county auditors play roles in determining and certifying amounts.

If, on or before June 30th of any fiscal year, the governing board of any school district files a request with the Controller for a deferment of the annual repayment due from the district during the next succeeding fiscal year for an apportionment received by the district pursuant to this chapter or Chapter 6 (commencing with Section 15700) of this part, and it is determined, in accordance with this section, that the district is entitled to a deferment of all or part of the annual repayment, the deferment shall be made in accordance with the determination. The request for deferment, having once been filed with the Controller, shall remain in effect each ensuing year, and the Controller shall continue to compute and allow the deferment in accordance with this section each year, until the time as the governing board of the school district files a written request with the Controller to discontinue the deferment.
As used in the preceding paragraph, “any school district” means a district which is liable for the repayment of the principal amount of apportionments made to the district under the provisions of Chapter 4 (commencing with Section 15700) of this part and which has received a conditional apportionment under this chapter.
The portion of the annual repayment to be deferred under this section shall be determined as follows:
There shall be computed the amount required to be raised by taxes on property within the district, during the fiscal year in which the annual repayment is to be deducted pursuant to Sections 15735 and 16080, for the payment of principal and interest on (a) any bonded indebtedness incurred for school purposes prior to the first conditional apportionment to the school district under this chapter, (b) any bonded indebtedness which was incurred as a condition to any apportionment under this chapter, and (c) any bonded indebtedness incurred, the proceeds of which were required to be contributed for the purposes for which an apportionment was made under this chapter. To this amount shall be added the amount required during such fiscal year, for the annual repayment of school building apportionments under Chapter 4 (commencing with Section 15700) of this part and under this chapter. The total of these amounts shall constitute the “basic tax amount.”
If the applicant district is a unified district, the amount to be deferred shall be separately considered for each grade level thereof. For this purpose, the basic tax amount shall only include the amounts specified in the preceding paragraph required to be raised for the repayment of principal and interest on bonded indebtedness which was incurred for, or as a condition to receiving an apportionment for, or required by the board to be contributed for the purposes of, the grade level being considered, plus those amounts required for the annual repayment of apportionments made under Chapter 4 (commencing with Section 15700) of this part for the grade level. It is hereby declared that this paragraph is not intended as a change in the present law but rather as a declaration of existing law.
There shall be computed the amount which would be produced by a tax of forty-five cents ($0.45) on each one hundred dollars ($100) of assessed valuation of the district during the year, to be known as the “45-cent tax amount,” except beginning with the 1981–82 fiscal year, the amount shall be produced by a tax of 0.1125 percent of the full value. The amount of the annual repayment to be deferred during the fiscal year in which the annual repayment is due shall be the amount, if any, by which the basic tax amount exceeds the 45-cent tax amount. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year.
On or before the last day of July of each fiscal year, the Controller shall request the Director of General Services to, and the Director of General Services shall, determine and certify to the Controller the amount of bonded debt service included in the “basic tax amount.” On or before the third Monday in August of each fiscal year, the Controller shall request the county auditor of each county to, and the county auditor of each county shall, determine and certify to the Controller the current assessed valuation of property within each district which has filed a request for a deferment under this section.
Before the date on which the board of supervisors makes the levy of taxes for county purposes, the Controller shall make the deferment determination required by this section for each district requesting a deferment, and, for each district which is entitled to a deferment, shall notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the amount of the repayment of the district which is to be deferred under this section.
For the purposes of this section the “annual repayment” means the amount of the annual repayment of the district due in a fiscal year as determined pursuant to Section 15733 and Section 16075, plus the then unpaid deferred amount of any annual repayment due in any previous fiscal years. Any repayments by a district of a deferred amount shall be first applied to loans granted under Chapter 4 (commencing with Section 15700) of this part.
Notwithstanding any other provision of this chapter, if, at the end of the 30-year period provided in Section 15738 or Section 16083, as the case may be, there are any deferred amounts due in any previous fiscal year remaining unpaid, repayments shall continue to be made in the manner provided by this section during each fiscal year thereafter until the amounts are paid, or for an additional period of 10 years, whichever first occurs. At the expiration of the additional 10-year period the unpaid portion of the deferred amounts shall be canceled on the books of the Controller, and the provisions of Section 15738 or Section 16083, as the case may be, shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 15739 or 16087, whichever is applicable.

Section § 16085

Explanation

This law determines how a unified school district in California calculates the amount of an annual repayment that can be deferred. It sets the calculation method based on a specific tax rate on the assessed value of property in the district. This rate was ninety cents per one hundred dollars of assessed value but changed to 0.225% of the property's full value starting with the 1981-82 fiscal year.

For purposes of computing, under Section 16084, the portion of the annual repayment to be deferred in the case of a unified school district which has applied for and received an apportionment under Section 16003, the “45-cent tax amount” shall be the amount produced by a tax of ninety cents ($0.90) on each one hundred dollars ($100) of assessed valuation of the district during the year, except beginning with the 1981–82 fiscal year the tax shall be 0.225 percent of the full value.

Section § 16086

Explanation

This section describes how certain school districts in California can defer their annual debt repayments on funds they received for acquiring property. It applies to districts that have either taken on responsibilities from another district or have had state-aided territory transferred to them. To defer repayment, districts must file a request with the Controller by June 30th, and if eligible, they'll be allowed to delay payments based on a calculation comparing different tax amounts. These amounts include taxes needed to pay off previous debts and taxes needed for new apportionments. The Controller is responsible for notifying relevant parties about deferments, and if any repayments remain unpaid after 30 years, there are provisions for possible cancellation after additional time.

The provisions of this section shall apply: (1) to any school district which has succeeded to and become vested with all duties, powers, purposes, jurisdiction, and responsibility with respect to a portion of an apportionment determined or redetermined to have been expended, or to be expendable, for property acquired or to be acquired by it, and which has become liable for a portion of the annual repayment of a portion of an apportionment, as provided in Section 16159; and (2) to any state-aided district a portion of the territory of which was transferred to a district described in (1), above, and in connection with which territory a portion of an apportionment made to such state-aided district has or will be expended for property acquired or to be acquired.
If, on or before June 30 of any fiscal year, the governing board of the school district files a request with the Controller for a deferment of the annual repayment due from such district during the next succeeding fiscal year for an apportionment received by the district pursuant to this chapter, and it is determined, in accordance with this section, that the district is entitled to a deferment of all or part of the annual repayment, the deferment shall be made in accordance with the determination. The request for deferment, once filed with the Controller, shall remain in effect in each ensuing year, and the Controller shall continue to compute and allow the deferment in accordance with this section each year, until the time as the governing board of the school district files a written request with the Controller to discontinue the deferment.
The portion of the annual repayment to be deferred under this section shall be determined as follows:
There shall be computed the amount required to be raised by taxes on property within the district during the fiscal year in which the annual repayment is to be deducted pursuant to Section 16080, for the payment of principal and interest on: (a) that portion of the annual repayment and all other payments due the state under Section 16075 and other provisions of this chapter with respect to the portion of the apportionment for which the district has been determined to be liable under Section 16159; (b) any bonded indebtedness incurred for school purposes prior to the first conditional apportionment to the school district under this chapter; (c) any bonded indebtedness which was incurred as a condition to any apportionment under this chapter; and (d) any bonded indebtedness incurred, the proceeds of which were required to be contributed for the purposes for which an apportionment was made under this chapter. To this amount shall be added the amount required during the fiscal year, for the annual repayment of school building apportionments under this chapter. The total of these amounts shall constitute the “basic tax amount.”
If the applicant district is a unified district, the amount to be deferred shall be separately considered for each grade level thereof. For this purpose, the basic tax amount shall only include the amounts specified in the preceding paragraph required to be raised for the repayment of principal and interest on bonded indebtedness which was incurred for, or as a condition to receiving an apportionment for, or required by the board to be contributed for the purposes of, the grade level being considered, plus those amounts required for the annual repayment of apportionments made under this chapter for the grade level.
There shall be computed the amount which would be produced by a tax of forty cents ($0.40) on each one hundred dollars ($100) of assessed valuation of the district during such year, to be known as the “40-cent tax amount,” except beginning with the 1981–82 fiscal year, the amount shall be produced by a tax of 0.10 percent of the full value of the district during such year. The amount of the annual repayment to be deferred during the fiscal year in which the annual repayment is due shall be the amount, if any, by which the basic tax amount exceeds the 40-cent tax amount. The amount deferred shall be added to the annual repayment for the next succeeding fiscal year.
On or before the last day of July of each fiscal year, the Controller shall request the Director of General Services to, and the Director of General Services shall, determine and certify to the Controller the amount of bonded debt service included in the “basic tax amount.” On or before the third Monday in August of each fiscal year, the Controller shall request the county auditor of each county to, and the county auditor of each county shall, determine and certify to the Controller the current assessed valuation of property within each district which has filed a request for a deferment under this section.
Before the date on which the board of supervisors makes the levy of taxes for county purposes, the Controller shall make the deferment determination required by this section for each district requesting a deferment, and, for each district which is entitled to a deferment, shall notify, in writing, the board of supervisors of the county, the governing board of the district, the county auditor, and the county superintendent of schools having jurisdiction over the district of the amount of the repayment of the district which is to be deferred under this section.
For the purposes of this section the “annual repayment” means the amount of the annual repayment of the district due in a fiscal year as determined pursuant to Section 16075, plus the then unpaid deferred amount of any annual repayment due in any previous fiscal years.
Notwithstanding any other provision of this chapter, if, at the end of the 30-year period provided in Section 16083 there are any deferred amounts due in any previous fiscal year remaining unpaid, repayments shall continue to be made in the manner provided by this section during each fiscal year thereafter until the amounts are paid, or for an additional period of 10 years, whichever first occurs. At the expiration of the additional 10-year period the unpaid portion of the deferred amounts shall be canceled on the books of the Controller, and the provisions of Section 16083 shall thereupon become applicable thereto and the board shall execute a conveyance to the district as provided in Section 16087.

Section § 16086.5

Explanation

This law talks about the financial rules for a new unified school district that was formed between March 1, 1979, and December 1, 1979, from an existing elementary school district and a high school district. If these schools merged during that time, starting from July 1, 1980, they're allowed to postpone repaying their debts according to certain rules. The amount they owe is calculated based on two main parts: the part of the high school debt they are responsible for and some specific eligible debt from the high school.

Notwithstanding any other provision of this chapter, where an election is or has been held after March 1, 1979, and prior to December 1, 1979, for the purpose of forming a new unified school district, coterminous with an existing elementary school district, and such reorganization becomes effective for all purposes on July 1, 1980, such unified school district shall be eligible for a deferment of annual repayment as set forth in Section 16086, except that the “basic tax amount” shall be computed as the sum of (a) that portion of the original high school repayment for which the new district is liable and (b) that portion of the original high school eligible debt service computed pursuant to Section 16072 for which the new district is liable, as provided in Section 4147.

Section § 16087

Explanation

If the unpaid portion of a financial apportionment is canceled, the Controller must inform the board. Then, the board will give the district ownership of any sites, equipment, and buildings that were paid for by that funding, on behalf of the state.

The Controller shall certify to the board the cancellation of the unpaid balance of the principal amount of the apportionment. Upon receipt of the certification, the board shall, in the name of the state, convey to the district all sites purchased and improved, all equipment purchased, and all buildings constructed, reconstructed, altered, or added to, from money provided by the apportionment covered by the cancellation.

Section § 16088

Explanation

This law requires the Controller to keep track of how much money each school district owes the state for funds given based on grade level. The Controller calculates interest on these amounts from when payments are made until July 1st of the next fiscal year. After that, interest is added to the principal amount owed until it's fully paid off or no more interest accumulates. If a school owes money for building assistance, the interest calculation assumes annual payments are made on July 1st.

The Controller shall determine and maintain a record of the amount due the state in connection with each apportionment made to each grade level of a district under the provisions of this chapter. He or she shall compute interest, at the rate fixed by the board, on each amount disbursed by the state pursuant to the apportionment, from the date of issuance of the Controller’s warrant covering the payment to the county treasurer of the amount until the first day of July of the fiscal year next succeeding that in which the warrant was issued. Thereafter, interest shall accrue to and be compounded as a part of the principal amount due the state pursuant to the apportionment, through the 30th day of the following June of each year, until the principal and interest have been paid, or until the interest ceases to accrue, as provided in this chapter. Interest on unpaid school building aid apportionments shall be computed as if the annual repayment were credited on the first day of July of the fiscal year in which the repayment is withheld.

Section § 16089

Explanation

Each fiscal year, when the state's Controller calculates how much money will be deducted from a school district's funding for the next year, they must inform both the district's governing board and the local county auditor about the deduction amount.

Upon computing in any fiscal year the amount to be deducted from the apportionments to the district from the State School Fund during the succeeding fiscal year, the Controller shall notify the governing board of the district and the county auditor of the county, the county superintendent of which has jurisdiction over the district, of the amount to be deducted.

Section § 16090

Explanation

If a school district in California is going to have money withheld from its state funding, the county's board of supervisors must levy a special tax to make up for this shortfall. This tax is collected at the same time as other county taxes, and once collected, it is deposited into a special account called the Tax Override Fund for that district.

The board of supervisors of the county, the county superintendent of which has jurisdiction over any district which under this chapter will have moneys withheld by the Controller from the apportionments to be made to it from the State School Fund during any fiscal year, shall annually at the time the board of supervisors makes the levy of taxes for county purposes, levy a tax upon the property in the district sufficient to raise for the district the amount of money to be withheld by the Controller during the fiscal year in which the tax is levied. Effective July 1, 1988, that tax, when collected, shall be paid into the county treasury of the county, the county superintendent of schools of which has jurisdiction over the district for which the tax was levied, to the credit of a separate fund of the district to be known as the Tax Override Fund.

Section § 16091

Explanation

This section says that the board can decide how money it gives or requires from districts should be spent on a project. This decision is final for the district's governing board unless the board decides to change it. Also, the board can ask districts to use leftover funds set aside for furniture, equipment, or other lawful purposes to help pay for projects. If needed, the board or the Director of General Services can approve changes in how these funds are used.

The board shall prescribe in the detail that it deems necessary, the purposes for which moneys apportioned by it or which it requires the district to contribute toward, or in reduction of the cost of a project, may be expended, and the prescription shall be binding upon the governing board of the district, save as it may be changed or modified by the board for any cause that it sees fit. In determining funds which can be contributed by the district, the board may require the district to contribute unexpended balances of funds earmarked or encumbered by the district for furniture, equipment, or any other lawful purpose. However, the changes or substitutions in the purposes for which the funds were earmarked or encumbered, with respect to the requirement under any apportionment heretofore or hereafter made, may be authorized by the board, or pursuant to its delegation, by the Director of General Services.

Section § 16092

Explanation

This law says that if the board doesn't get the necessary certificates from the county superintendent of schools within nine months of a conditional funding promise, the funding promise will be canceled. The board then informs the Controller, who is responsible for managing state funds. When a final funding decision is made, the board certifies it to the Controller, who ensures the county treasurer gets the funds from the State School Building Aid Fund. This transaction follows specific rules but is not affected by some general finance regulations.

Unless the board has received the certificates of the county superintendent of schools required by Section 16061 within nine months from the date of the conditional apportionment, it shall, at the expiration of the nine months’ period, void the conditional apportionment and shall certify this fact to the Controller. Each final apportionment made by the board under this chapter shall be certified by it to the Controller who shall from time to time draw his or her warrant on the Treasurer in favor of the county treasurer of the county having jurisdiction over the district in accordance with the terms of the final apportionment. The warrant shall be exempt from the provisions of Division 4 (commencing with Section 16100) of Title 2 of the Government Code and shall be paid by the Treasurer from the State School Building Aid Fund.

Section § 16093

Explanation

This law establishes a special fund in each county for every school district called the state school building fund. Any money received for a school district under this chapter needs to be deposited into that fund by the county treasurer in the exact amount designated by the board.

A state school building fund is hereby created in the county treasury in each county for each school district in the county. The county treasurer of each county shall pay into the state school building fund of each school district, exactly as apportioned by the board, all moneys received by him or her under this chapter with respect to each school district.

Section § 16094

Explanation

This law explains that any interest earned from state school construction bond money, which is managed by a county treasurer for a school district, should be put into a specific fund for school buildings. However, interest from before the 1964–65 fiscal year that was placed in the school's general fund will stay there and belongs to the general fund.

Interest earned on those portions of deposits in a state school building fund representing allocations from the proceeds of state school construction bonds received by the county treasurer for the benefit of a school district under this chapter shall be paid into the state school building fund created by Section 16093. The interest which prior to the 1964–65 fiscal year was deposited in the general fund of the school district for which the state school building fund was established shall remain the property of that general fund.

Section § 16095

Explanation

This law requires school districts that receive funds for a specific building project to transfer the required amount from other district funds into the district's state school building fund to ensure the project is fully funded.

The governing board of each school district to which an apportionment is made under this chapter is authorized to, and shall, transfer to the state school building fund of the district from all other funds of the district in which the moneys may be, all moneys of the district which under, or pursuant to, this chapter are required to be expended for the project for which the apportionment was made.

Section § 16096

Explanation

This law establishes a special fund called the State School Building Aid Fund. The money in this fund, which can come from any source, is set aside for continual use without needing to reauthorize it each fiscal year. It's used specifically for distributing financial help according to the rules set in this section.

A fund in the State Treasury is hereby created, to be known as the State School Building Aid Fund. All money in the State School Building Aid Fund, including any money deposited in the fund from any source whatsoever after November 12, 1952, is hereby continuously appropriated without regard to fiscal years for expenditure pursuant to apportionments made under the provisions of this chapter.

Section § 16096.5

Explanation

This law states that the board must allocate funds from the State School Building Aid Fund to the Director of General Services. These funds should be the amount needed to give the necessary assistance mentioned in another section of the Government Code, specifically Section 15504.

From any moneys in the State School Building Aid Fund available for the purposes of this chapter, the board shall make available to the Director of General Services any amounts that it determines necessary to provide the assistance, pursuant to this chapter, required by Section 15504 of the Government Code.

Section § 16097

Explanation

This law requires school districts to use funds provided by the state specifically for school buildings exactly how they were intended, and not for any other purposes. The districts also need to report on how they spend this money as required by the state's governing board and the Controller.

The governing board of each school district to which an apportionment has been made under this chapter shall expend the moneys in the state school building fund of the school district exactly as apportioned by the board and only for the purposes for which the moneys were apportioned to the district, and for no other purpose, and shall make the reports relating to the expenditure of the moneys that the board and the Controller shall require.

Section § 16099

Explanation

This law requires the Controller to audit the financial records of counties and school districts that receive funding to ensure the money is spent correctly and as authorized.

It shall be the duty of the Controller to make the audit or audits of the books and records of counties and school districts receiving apportionments under this chapter, as he or she may deem necessary from time to time, for the purpose of determining that the money received by school districts as apportionments hereunder has been expended for the purposes and under the conditions authorized by this chapter.

Section § 16100

Explanation

This section deals with what happens if a school district spends money in a way that's not allowed or spends more than a project's final cost. The Controller informs various officials and orders the district to pay back that money to the State Treasury. The money goes back into a fund for school building aid. If a district can't pay because it would harm essential services, they may be allowed to pay over three years with interest. If they miss payments, the Controller will deduct the amount from their state funding. Both the district and the county treasurer must follow these instructions, and the Controller is responsible for making sure the payments are collected.

Whenever the Controller determines that any money apportioned to a school district has been expended by the school district for purposes not authorized by this chapter, or exceeds the final cost of the project which is authorized by Section 16024 to be paid therefrom, the Controller shall furnish written notice to the board, the governing board of the school district, the county superintendent of schools, the county auditor, and the county treasurer of the county whose county superintendent of schools has jurisdiction over the school district, directing the school district and the county treasurer to pay into the State Treasury the amount of the unauthorized expenditures, or the amount of the excess apportionment, as the case may be. Upon receipt of the notice, the governing board shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Building Aid Fund, to be reapportioned by the board.
It shall be the duty of the governing body and the county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state.
If, upon petition of the district, the Controller determines that the amount to be included in the county settlement is in excess of the amount that may be paid out of taxes levied at the maximum rate authorized by law (increased by any increase in the rate authorized by the electors of the district pursuant to Section 42202), without impairing essential district services, he or she may provide for the payment of the entire amount or any unpaid balance thereof in not exceeding three consecutive annual payments, commencing with the next school year. Each payment shall be an equal portion of the principal amount, plus accrued interest, and shall be paid not later than January 31st of each school year in which a payment is due. If the district fails to make the payment as specified, the Controller shall deduct the amount thereof from the February payment made to the district under Section 14041.
Deferred payments under this section shall bear interest at the same annual rate of interest as the apportionment from which the unauthorized expenditures or the amounts of excess apportionment were made.

Section § 16101

Explanation

This law explains how a school district in California must handle excess funding it received for construction. If a school district gets more money than it's supposed to for construction purposes and this is discovered, they have to pay back the extra amount. This payback should be done in equal payments over 20 years, including interest. The interest rate is the same as what was agreed upon for the construction funding. However, the district can choose to pay off the remaining balance, plus interest, before the 20 years are up.

Notwithstanding any provision of law to the contrary, if an apportionment is or has been made at any time after October 1, 1953, to meet a construction low bid and if the State Allocation Board after approving the apportionment revises the apportionment, and the apportionment finally approved reveals that an applicant school district receives excess construction area to what they are entitled to pursuant to Section 16044, and if a judgment for the collection of the excess apportionment has not been rendered by a court prior to September 11, 1957, the excess apportionment shall be computed by the Controller and shall be repaid pursuant to this section. The district shall repay the amount of excess apportionment, and the interest thereon, in equal annual installments within 20 years from the date it receives the excess apportionment. The rate of interest shall be the same rate as that fixed for the approved apportionment. The district may at any time before the end of the 20-year period for repayment elect to repay, and repay, the balance of the excess apportionment then unpaid, plus interest computed to the date of repayment of such balance.

Section § 16102

Explanation

This law covers situations where a school district in California received funding between April and July 1963 based on projected student enrollment numbers. If it turns out after approving the application that the actual student numbers are lower than expected, the funding given is still valid, but the district has to repay any portion given for overestimated students. This repayment must be completed over 20 years and carries interest. However, if actual enrollment eventually matches the projections and the overestimate was accidental, the district might not need to continue repayments for the extra funds. This means they only repay what they actually needed based on the original enrollment numbers.

If the board, between April 5, 1963, and July 1, 1963, approves an application for an apportionment and makes a conditional apportionment to the district making the application and if after the approval it is determined that the projected enrollment of the district is less than that upon which the district’s application was based, any apportionment made by the board under the application is hereby ratified and confirmed and payments shall be made to the district pursuant to the apportionment. The board shall as a condition to any apportionment made under the application require the district to repay in full that portion of the apportionment which it determines to be attributable to the excess projected enrollment upon which the application was based and the district shall be empowered and obligated to comply with the requirement if it accepts the portion of the apportionment. The repayment shall be in equal annual installments made within 20 years from the date the district receives the apportionment. The repayment shall be in addition to any other repayment required by this chapter. The rate of interest shall be the same rate as that fixed for the remainder of the apportionment.
If at any time the board determines that the amount of actual enrollment of the district attains the amount of the projected enrollment upon which the district’s application, referred to above, was based, the board may, if it determines that the inclusion of the excess projected enrollment in the application occurred inadvertently, provide that the district shall not be required to pay any further installments for full repayment of that portion of the apportionment attributable to the excess projected enrollment and the unpaid balance of the portion and interest thereon shall thereafter be repaid under the same terms and in the same manner as the balance of the apportionment made under the application.

Section § 16103

Explanation

This law allows the State Allocation Board to give financial help to a school district that leased land and buildings for new administrative facilities during a specific period in 1954. To qualify, the district must otherwise be eligible for such financial assistance, the Department of Education must approve that the new facilities are needed, and the financial deal must make good economic sense and be considered sound financial practice.

If a school district entered into an agreement at any time beginning on October 1, 1954, and ending on December 31, 1954, whereby it agreed to lease a site and facilities situated thereon, for the purpose of constructing administrative facilities on the site in accordance with plans prepared by or for the district, the State Allocation Board may make an apportionment to the district for the acquisition of the site and facilities; provided, (1) that the district at the time of receiving the apportionment would otherwise be eligible to receive an apportionment for square footage of building area equal to or exceeding that of the facilities to be constructed; (2) the Department of Education approves of the acquisition on the basis that it is necessary to provide needed administrative facilities for the district; and (3) the board finds that the acquisition and the consideration being paid therefor is economically feasible and constitutes sound financial practice.

Section § 16104

Explanation

This law explains how school districts in California can use state funds they receive. Once they get the money, they have at least one year and no more than three years to spend it, as decided by the school district's governing board. If there's any money left unspent after the time is up, it must be returned to the state's treasury. However, if there's a special resolution that allows more flexibility, this time limit might not apply. The school district and county treasurer are responsible for returning unused funds to the state, and the Controller enforces these rules.

Any portion of an apportionment paid to a school district under this chapter shall be available for expenditure by its governing board for not less than one year nor more than three years, as the board shall determine, after the date on which the warrant covering that portion of the apportionment was issued by the Controller, provided that no limitation on expenditure shall be applicable with respect to any items the payment or reimbursement of which is required to be made by special resolution pursuant to Section 16057, whether the special resolution is adopted prior or subsequent to the termination of the period of availability herein specified. For the purposes of this chapter, an apportionment shall be deemed to be expended at the time and to the extent that the amount thereof on deposit in the county treasury has been encumbered by the creation of a valid obligation on the part of the school district. Upon the expiration of its period of availability, the unencumbered balance of any apportionment made under this chapter shall become due and payable to the State of California; and the governing board of the school district and the county treasurer shall pay the amount of the unencumbered balance to the Treasurer, out of the funds, and in the manner specified in Section 16100 of this code. The payment shall, on order of the Controller, be deposited in the State School Building Aid Fund in the State Treasury, to be reapportioned by the board.
It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state, provided that notwithstanding the above duties shall not be deemed to exist with respect to any amount heretofore or hereafter due the state occasioned by the termination of the period of availability of expenditure provided by this section where the period of availability of expenditure for the items representing the amount is subsequently made inapplicable by the adoption of a special resolution pursuant to Section 16057.

Section § 16105

Explanation

This section outlines what happens when a school district gets state money to buy or improve property and then decides to sell, lease, or otherwise get rid of that property within five years. If they do this without the state's approval, they might have to pay back the money. The state can also ask for the money back if the property isn't used for its intended purpose within a set period. If the property is sold, the money from the sale is used to pay back the state. School districts need to work with the state when deciding to sell the property or make changes. They must pay any owed money back to the state's school fund. If there are existing buildings on the purchased property, the state can require them to be sold as part of the deal. If there are delays in using the property because of the state, the repayment period might be extended. Finally, the state has strict processes for managing these transactions and ensuring compliance.

Whenever a school district receives or has received an apportionment for or toward the purchase or improvement of realty or personalty (hereafter referred to as “property”) and within five years from the date of the written authorization from a duly authorized representative of the board for the expenditure therefor from state funds or from contributable district funds, sells, leases, exchanges or otherwise disposes of the property or any portion thereof without the consent of the board, the board may demand the return of the state apportionment or the portion thereof it deems proper, plus accrued interest at the prescribed rate, less any repayment made prior to the demand by the district on account of the apportionment. A district may not at any time while an apportionment remains unpaid or noncanceled, dispose of any property acquired therefrom without the consent of the board, excepting transfers provided for by Article 15 (commencing with Section 17556) of Chapter 3 of Part 23 and existing improvements on an acquired site. The consent may be subject to the conditions as may be imposed, which may include the application of the consideration received in reduction of any apportionments previously made to the district. Any property into which the consideration from the disposition is converted shall be and remain the property of the state as if an apportionment had originally been authorized therefor.
Whenever, in the judgment of the board, a district fails to use property for the purpose or purposes for which an apportionment has been made, within not less than one nor more than five years from the aforesaid authorization, as the board shall determine, the board may demand back the return of the apportionment, or portion thereof, with interest, as specified in the preceding paragraph. The board’s interpretation of the “use” in any instance, and whether or not the district has complied therewith, shall be conclusive upon the district affected after a hearing and finding of the board. In addition to the foregoing, the board may at any time subsequent to the expiration of the last mentioned period, while an apportionment remains unpaid or uncanceled, determine that a site or portion thereof, purchased in whole or in part with the apportionment is not being used for the purpose or purposes for which the apportionment was made, which determination shall be conclusive upon the district after a hearing and finding of the board. Pursuant to that determination, the board may direct the sale or other disposition of the site or portion thereof by the state or by the district and apply the proceeds, after deducting expenses it determines necessary to facilitate the disposition, in reduction of the apportionment, plus accrued interest. Any excess shall be applied in reduction of any other unpaid or noncanceled apportionments, plus interest, as the board shall direct, any remaining proceeds thereafter being payable to the district. For the purposes of the determination of disposition, the district shall, whenever directed by the board, convey record title to the site or portion thereof to the state or do any other acts deemed necessary by the board to facilitate the disposition or implement the terms thereof. Any disposition authorized to be made hereunder by the district shall be made in accordance with the procedure prescribed by this code for the disposition of unneeded school property, otherwise as directed by the board, provided that the consideration to be received shall be subject to the approval of the board or its delegate for that purpose.
Written notice of any demand prescribed by this section, setting forth the amount due the state pursuant thereto, shall be furnished by the board to the governing board of the school district, the county superintendent of schools, the county auditor, the county treasurer of the county whose county has jurisdiction over the school district, and the Controller. Upon receipt of the notice and demand, the governing board of the school district shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the State School Building Aid Fund, to be reapportioned by the board.
Whenever a school district receives or has received an apportionment under this chapter for the purchase of a site which contains existing improvements, the board may require the district to dispose of the existing improvements as a condition of receiving an apportionment in the manner as the board deems proper, and contribute the net proceeds therefrom or the value of any consideration received therefor, in reduction of any apportionment. In the event that the district is not so required to dispose of the existing improvements but after receiving the apportionment subsequently disposes thereof, the net proceeds therefrom or the value of the consideration received therefor, shall be contributed by the district in reduction of any remaining indebtedness to the state under this chapter or Chapter 4 (commencing with Section 15700).
Where a district has been unable to use any building site acquired by an apportionment under this chapter because of the delay of the board in acting upon its application for an apportionment for the planning and construction of school buildings on the site, the board may withhold demand for repayment of the apportionment for the building site for a period of not less than one or more than three years after approval of the apportionment for planning and construction.
It shall be the duty of the governing body and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state.
Whenever the consent of the board is required in this section, it may be given by written authorization of its authorized representative for that purpose. The provisions of this section, including the term “apportionment” or “apportionments,” shall be deemed to be applicable to apportionments heretofore or hereafter made under this chapter or Chapter 4 (commencing with Section 15700).