California Education Code ARTICLE 1 - General Provisions

  • Section 16000.
    This chapter may be cited as the State School Building Aid Law of 1952.(Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January...
  • Section 16001.
    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...
  • Section 16002.
    As used in this chapter:(a) “Board” means the State Allocation Board.(b) “Director” means the Director of Education for kindergarten and grades 1 to 12, inclusive.(c) Notwithstanding any other...
  • Section 16002.5.
    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...
  • Section 16003.
    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...
  • Section 16004.
    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...
  • Section 16005.
    The Director of General Services shall administer this chapter and shall provide any assistance to the board that it may require.(Repealed and added by Stats....
  • Section 16006.
    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...
  • Section 16007.
    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...
  • Section 16008.
    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...
  • Section 16009.
    In addition to any other powers and duties that are granted the board by this chapter, the board shall:(a) Establish any qualifications not in conflict with...
  • Section 16010.
    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...
  • Section 16011.
    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...
  • Section 16012.
    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...
  • Section 16013.
    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...
  • Section 16014.
    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...
  • Section 16015.
    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...
  • Section 16016.
    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,...
  • Section 16017.
    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...
  • Section 16018.
    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...
  • Section 16019.
    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...
  • Section 16020.
    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...
  • Section 16021.
    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...
  • Section 16022.
    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...
  • Section 16023.
    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...
  • Section 16024.
    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...
  • Section 16025.
    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...
  • Section 16026.
    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...
  • Section 16027.
    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...
  • Section 16028.
    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...
  • Section 16028.5.
    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...
  • Section 16029.
    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...
  • Section 16031.
    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...
  • Section 16032.
    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...
  • Section 16033.
    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...
  • Section 16034.
    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...
  • Section 16035.
    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...
  • Section 16036.
    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...
  • Section 16037.
    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...
  • Section 16038.
    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...
  • Section 16039.
    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...
  • Section 16039.5.
    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...
  • Section 16040.
    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,...
  • Section 16041.
    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...
  • Section 16042.
    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...
  • Section 16043.
    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...
  • Section 16044.
    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...
  • Section 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...
  • Section 16046.
    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...
  • Section 16047.
    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...
  • Section 16048.
    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...
  • Section 16049.
    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...
  • Section 16050.
    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...
  • Section 16051.
    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...
  • Section 16051.5.
    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...
  • Section 16052.
    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...
  • Section 16053.
    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,...
  • Section 16054.
    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...
  • Section 16056.
    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...
  • Section 16057.
    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...
  • Section 16058.
    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...
  • Section 16059.
    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...
  • Section 16060.
    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...
  • Section 16061.
    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...
  • Section 16062.
    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...
  • Section 16063.
    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...
  • Section 16064.
    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...
  • Section 16065.
    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...
  • Section 16066.
    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...
  • Section 16067.
    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...
  • Section 16068.
    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...
  • Section 16069.
    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...
  • Section 16070.
    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...
  • Section 16071.
    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...
  • Section 16071.5.
    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...
  • Section 16072.
    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...
  • Section 16072.5.
    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...
  • Section 16073.
    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...
  • Section 16074.
    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...
  • Section 16075.
    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...
  • Section 16076.
    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...
  • Section 16077.
    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...
  • Section 16078.
    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...
  • Section 16079.
    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...
  • Section 16080.
    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...
  • Section 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,...
  • Section 16081.
    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...
  • Section 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...
  • Section 16083.
    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...
  • Section 16084.
    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...
  • Section 16085.
    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...
  • Section 16086.
    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,...
  • Section 16086.5.
    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,...
  • Section 16087.
    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,...
  • Section 16088.
    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...
  • Section 16089.
    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...
  • Section 16090.
    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...
  • Section 16091.
    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...
  • Section 16092.
    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...
  • Section 16093.
    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...
  • Section 16094.
    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...
  • Section 16095.
    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...
  • Section 16096.
    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...
  • Section 16096.5.
    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...
  • Section 16097.
    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...
  • Section 16099.
    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...
  • Section 16100.
    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...
  • Section 16101.
    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...
  • Section 16102.
    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...
  • Section 16103.
    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...
  • Section 16104.
    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...
  • Section 16105.
    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...

Last modified: October 22, 2018