SECTIONS 14000-14035 - California Statutes

EDUCATION CODE

SECTION 14000-14035

14000. It is the intent of the Legislature that the administration
of the laws governing the financial support of the public school
system in this state be conducted within the purview of the following
principles and policies:
The system of public school support should be designed to
strengthen and encourage local responsibility for control of public
education. Local school districts should be so organized that they
can facilitate the provision of full educational opportunities for
all who attend the public schools. Local control is best accomplished
by the development of strong, vigorous, and properly organized local
school administrative units. It is the state's responsibility to
create or facilitate the creation of local districts of sufficient
size to properly discharge local responsibilities and to spend the
tax dollar effectively.
The system of public school support should assure that state,
local, and other funds are adequate for the support of a realistic
funding level. It is unrealistic and unfair to the less wealthy
districts to provide for only a part of the financing necessary for
an adequate educational program.
The system of public school support should permit and encourage
local school districts to provide and support improved district
organization and educational programs. The system of public school
support should prohibit the introduction of undesirable organization
and educational practices, and should discourage any of those
practices now in effect. Improvement of programs in particular
districts is in the interests of the state as a whole as well as of
the people in individual districts, since the excellence of the
programs in some districts will tend to bring about program
improvement in other districts.
The system of public school support should make provision for the
apportionment of state funds to local districts on a strictly
objective basis that can be computed as well by the local districts
as by the state. The principle of local responsibility requires that
the granting of discretionary powers to state officials over the
distribution of state aid and the granting to these officials of the
power to impose undue restriction on the use of funds and the conduct
of educational programs at the local level be avoided.
The system of public school support should effect a partnership
between the state, the county, and school districts, with each
participating equitably in accordance with its relative ability. The
respective abilities should be combined to provide a financial plan
between the state and the local agencies for public school support.
Toward this support program, each county and district, through a
uniform method, should contribute in accordance with its true
financial ability.
The system of public school support should provide for essential
educational opportunities for all who attend the public schools.
Provision should be made in the financial plan for adequate financing
of all educational services.
The broader based taxing power of the state should be utilized to
raise the level of financial support in the properly organized but
financially weak districts of the state, thus contributing greatly to
the equalization of educational opportunity for the students
residing therein. It should also be used to provide a minimum amount
of guaranteed support to all districts, for that state assistance
serves to develop among all districts a sense of responsibility to
the entire system of public education in the state.

14002. (a) The Controller shall during each fiscal year commencing
with the 1980-81 fiscal year, transfer from the General Fund of the
state to that portion of the State School Fund restricted for
elementary and high school purposes, hereinafter called Section A of
the State School Fund such sums, in addition to the sums accruing
from other sources, as shall provide in Section A of the State School
Fund for apportionment during the fiscal year a total amount per
pupil in average daily attendance during the preceding fiscal year
credited to all elementary, high, and unified school districts and to
all county superintendents of schools in the state, as certified by
the Superintendent of Public Instruction, of one hundred eighty
dollars ($180).
(b) The Controller shall also transfer, as needed during each
fiscal year commencing with the 1980-81 fiscal year, such additional
amounts from the General Fund to Section A of the State School Fund
as are certified from time to time by the Superintendent of Public
Instruction to be necessary to meet actual computed apportionments
from Section A of the State School Fund for the purposes set forth in
Section 41301; provided that the total of such additional amounts
transferred in a fiscal year shall not exceed, except pursuant to
subdivision (c) of this section, one thousand two hundred sixty-eight
dollars ($1,268) for the 1980-81 fiscal year and fiscal years
thereafter, per pupil in average daily attendance during the
preceding fiscal year credited to all elementary, high, and unified
school districts and to all county superintendents of schools in the
state, as certified by the Superintendent of Public Instruction.
(c) In addition to the amounts authorized to be transferred to
Section A of the State School Fund under subdivisions (a) and (b),
the Controller shall transfer from the General Fund to Section A of
the State School Fund during the fiscal year, upon certification of
the Superintendent of Public Instruction, if necessary to meet actual
computed apportionments for the fiscal year for the purposes set
forth in Sections 41300 and 41301, an amount not to exceed the lesser
of: (1) 1 percent of the total apportionment from Section A of the
State School Fund in the preceding fiscal year for the purposes set
forth in Sections 41300 and 41301, or (2) the net amount, if any, by
which the total amounts authorized to be transferred from the General
Fund to Section A of the State School Fund under subdivisions (a)
and (b) in prior fiscal years have exceeded the total amounts
actually apportioned in prior fiscal years for the purposes set forth
in Sections 41300 and 41301.
(d) The Controller shall also transfer to Section A of the State
School Fund any additional amounts appropriated thereto by the
Legislature in augmentation of any of the amounts for any of the
purposes set forth in Sections 41300 and 41301 and such additional
amounts shall be allowed and apportioned by the Superintendent of
Public Instruction and warrants therefor drawn by the Controller in
the manner provided in Sections 41050, 46304, and 84503 and in this
article, Article 2 (commencing with Section 14040), Article 3
(commencing with Section 41330) of Chapter 3, and Article 1
(commencing with Section 41600) of Chapter 4 of Part 24.
(e) The amounts transferred under subdivisions (a) and (b) of this
section shall be cumulatively increased by the following amounts:
(1) In the 1981-82 fiscal year, by 7 percent.
(2) In the 1982-83 fiscal year and each fiscal year thereafter, by
6 percent.
(f) This section shall become operative on July 1, 2002.

14002.1. Notwithstanding any other law, for purposes of determining
(a) the amounts to be certified pursuant to Sections 14002 and
14004, (b) allocations made pursuant to Section 41301, (c) the
apportionments required to be made pursuant to Sections 41330, 41332,
and 41335, (d) revenue limits for school districts pursuant to
Section 42238, as adjusted pursuant to Sections 42238.14, 42238.145,
and 42238.146, and (e) revenue limits for county offices of education
pursuant to Section 2558, as adjusted pursuant to Sections 2558.4,
2558.45, and 2558.46, the Superintendent of Public Instruction shall
use the property tax estimates received from county auditors pursuant
to Section 75.70 of the Revenue and Taxation Code.

14002.3. Notwithstanding any other law, for purposes of Sections
14002, 14004, and 41301, for the 2000-01 fiscal year and each fiscal
year thereafter, the Superintendent of Public Instruction shall
certify to the Controller amounts that do not exceed the amounts
needed to fund the revenue limits of school districts, as determined
pursuant to Section 42238, the revenue limits of county
superintendents of schools, as determined pursuant to Section 2558,
warrants issued pursuant to Section 41329.57, and the revenue limit
portion of charter school operational funding, as determined pursuant
to Section 47633.

14002.5. In making the computation prescribed by subdivision (b) of
Section 14002, the Controller shall cumulatively increase the
seventy-nine cents ($0.79) amount prescribed by that subdivision by 6
percent annually, and shall cumulatively increase the twenty-one
dollar and fifty cents ($21.50) amount prescribed by that subdivision
by 6 percent annually.

14003. (a) Commencing with the 2010-11 fiscal year, on March 28 of
each fiscal year in which the percentage growth in per capita General
Fund revenues exceeds the percentage growth in California per capita
personal income, the Controller shall transfer from the General Fund
to Sections A and B of the State School Fund, as set forth in
subdivision (c), the amount determined pursuant to paragraph (1)
minus the amount determined pursuant to paragraph (2).
(1) The product of General Fund revenues from proceeds of taxes
and one-half of the difference between the percentage growth in per
capita General Fund revenues from proceeds of taxes and in California
per capita personal income.
(2) The amount of the maintenance factor certified pursuant to
Section 41207.2 that is allocated in the current year pursuant to
subdivision (e) of Section 8 of Article XVI of the California
Constitution.
(b) The amount transferred pursuant to subdivision (a) shall be in
addition to amounts required to be allocated pursuant to subdivision
(b) of Section 8 of Article XVI of the California Constitution.
(c) (1) Of the amount determined pursuant to subdivision (a), the
Controller shall transfer 92 percent to Section A of the State School
Fund. The Superintendent shall allocate the funds transferred
pursuant to this paragraph in the following priority order:
(A) An amount not to exceed two hundred million dollars
($200,000,000) for the purposes of revenue limit equalization in a
manner consistent with Section 42238.49 for the first fiscal year in
which funds are transferred pursuant to this paragraph.
(B) Such amounts as necessary to reduce the revenue limit deficit
factors set forth in Sections 2558.46 and 42238.146 until the deficit
factors are reduced to zero.
(C) Any remaining amounts transferred pursuant to this paragraph
shall be allocated as an equal increase per unit of average daily
attendance in general purpose apportionments for purposes of Sections
2558, 42238, and 47633.
(2) Of the amount determined pursuant to subdivision (a), the
Controller shall transfer 8 percent to Section B of the State School
Fund. The Chancellor of the Community Colleges shall allocate the
funds transferred pursuant to this paragraph in equal amounts for the
following purposes:
(A) For purposes of career and technical education pursuant to
Chapter 352 of the Statutes of 2005.
(B) As a proportionate increase in general purpose apportionments
for community college districts.
(d) For purposes of determining the amount required pursuant to
paragraph (2) or (3), as applicable, of subdivision (b) of Section 8
of Article XVI of the California Constitution for the following
fiscal year, all amounts transferred in the prior fiscal year
pursuant to this section shall be deemed allocations to school
districts and community college districts from General Fund proceeds
of taxes appropriated pursuant to Article XIII B for that prior
fiscal year.
(e) The sum of the amounts transferred pursuant to this section
plus the sum of the amounts of the maintenance factor certified
pursuant to Section 41207.2 that is allocated pursuant to subdivision
(e) of Section 8 of Article XVI of the California Constitution shall
not exceed the total amount of eleven billion two hundred twelve
million nine hundred nine thousand dollars ($11,212,909,000) less any
maintenance factor amount that is allocated for the 2009-10 fiscal
year.

14004. In addition to all other funds appropriated and transferred
to Section A of the State School Fund, the Controller shall annually
transfer from the General Fund to Section A of this State School Fund
for apportionment during the fiscal year a total amount per pupil in
average daily attendance during the preceding fiscal year credited
to all elementary, high, and unified school districts and to all
county superintendents of schools in the state as certified by the
Superintendent of Public Instruction of fourteen cents ($0.14).

14004.5. (a) In addition to all other funds appropriated and
transferred to Section A of the State School Fund, the Controller
shall annually transfer from the General Fund to Section A of the
State School Fund for apportionment during the fiscal year a total
amount per pupil in average daily attendance during the preceding
fiscal year credited to all elementary, high, and unified school
districts and to all the county superintendents of schools in the
state as certified by the Superintendent of Public Instruction, of
twenty-one dollars and eighty cents ($21.80) for fiscal year 1978-79
and thirty-four dollars and fifty-one cents ($34.51) for fiscal year
1979-80, for apportionments allowed pursuant to Article 5 (commencing
with Section 56300) of Chapter 2 of Part 30.
(b) Funds appropriated pursuant to this section and funds
available pursuant to Section 41301 shall be used for Part 30
(commencing with Section 56000), including the Master Plan for
Special Education (Chapter 2 (commencing with Section 56300) of Part
30). For the 1977-78 fiscal year, the superintendent shall adjust all
special education allowances not previously adjusted pursuant to
Chapter 219 of the Statutes of 1977 by 6 percent.
It is the intent of the Legislature that, pursuant to the
provisions of Chapter 1247 of the Statutes of 1977, and subject to
future budget acts, the funds provided in subdivision (a) for the
purpose of providing special education services pursuant to Section
56300 shall be sixty-three dollars and fifty-six cents ($63.56) for
the 1980-81 fiscal year and one hundred thirteen dollars and
eighty-two cents ($113.82) for the 1981-82 fiscal year.

14005. (a) The amount to be transferred to Section A of the State
School Fund under Section 14002 shall in each fiscal year be adjusted
for errors of average daily attendance reported in prior fiscal
years. Adjustment of such errors will be subject to the time
limitations as provided in Section 41341. Such adjustments with
regard to the amount to be transferred to Section A of the State
School Fund shall be at the state's rate of contribution under
Section 14002 in effect in the fiscal year to which the error
applied, and shall be applied in accordance with the purposes set
forth under Section 41300. The amount of any adjustment shall not,
however, cause the amount to be transferred to Section A of the State
School Fund during any fiscal year under Section 14002 to be less
than one hundred eighty dollars ($180) per pupil in average daily
attendance during the preceding fiscal year credited to all
elementary, high, and unified school districts and to all county
superintendents of schools in the state.
(b) If in any fiscal year the amount transferred to Section A of
the State School Fund under Section 41304 is reported to be in error,
the Superintendent of Public Instruction shall notify the Controller
of such error, and he shall add to or withhold from the next
apportionment moneys due the district by transfers from or returns to
the General Fund of such erroneous amounts.

14007. In addition to all other funds appropriated and transferred
to Section A of the State School Fund, the Controller shall annually
transfer from the General Fund to Section A of the State School Fund
for apportionment during the fiscal year a total amount of nine cents
($0.09) per pupil in average daily attendance during the preceding
fiscal year credited to all elementary, high, and unified school
districts and to all county superintendents of schools in the state,
as certified by the Superintendent of Public Instruction, for the
purposes of Section 41301.5.

14020.1. Instructional Improvement and Accountability
The amount transferred to Section B of the State School Fund
pursuant to Section 8.5 of Article XVI of the State Constitution
shall to the maximum extent feasible be expended or encumbered during
the year received solely for the purposes of instructional
improvement and accountability.
(a) For the purposes of this section, "instructional improvement
and accountability" shall mean expenditures for instructional
activities for college sites which directly benefit the instruction
of students and shall be limited to expenditures for the following:
(1) Programs which require individual assessment and counseling of
students for the purpose of designing a curriculum for each student
and establishing a period of time within which to achieve the goals
of that curriculum and the support services needed to achieve these
goals, provided that any such program shall first have been approved
by the Board of Governors of Community Colleges.
(2) Instructional supplies, instructional equipment, and
instructional materials and support services necessary to improve
campus conditions.
(3) Faculty development which improves instruction and increases
the quality and effectiveness of instructional staff, as mutually
determined by faculty and the community college district governing
board.
(4) Compensation of faculty.
(b) Funds transferred to each community college district pursuant
to this section shall be deposited in a separate account and shall be
maintained and appropriated separately from funds from all other
sources. Funds appropriated pursuant to this section shall supplement
other resources of each community college district and shall not
supplant funds appropriated from any other source.

14022. (a) For the purposes of Section 8 and Section 8.5 of Article
XVI of the California Constitution, 'enrollment' shall mean:
(1) In community college districts, full-time equivalent students
receiving services, and
(2) In school districts, average daily attendance when students
are counted as average daily attendance and average daily attendance
equivalents for services not counted in average daily attendance.
(b) Determination of enrollment shall be based upon actual data
from prior years and for the next succeeding year such enrollments
shall be estimated enrollments adjusted for actual data as actual
data becomes available.

14022.3. (a) For purposes of calculating "increases in enrollment"
pursuant to paragraph (2) or (3) of subdivision (b) of Section 8 of
Article XVI of the California Constitution, the term "enrollment" for
school districts, community college districts, and state agencies
providing direct elementary and secondary level instructional
services means the sum of the following:
(1) Second principal apportionment regular average daily
attendance for kindergarten and grades 1 to 12, inclusive, as defined
in subdivision (b) of Section 42238.5, and as adjusted for any
average daily attendance audit findings.
(2) Annual average daily attendance for county offices of
education, as calculated pursuant to subdivision (c) of Section
41601, and as adjusted for any average daily attendance audit
findings.
(b) Any determination or computation of enrollment for purposes of
this section shall be based upon actual data from prior years. For
the next succeeding year, any determination or computation of
enrollment for purposes of this section shall be the estimated
enrollment, adjusted as actual data become available.

14022.5. (a) For purposes of Section 8.5 of Article XVI of the
California Constitution, the term "enrollment" shall have the
following meaning for school districts, community college districts,
and state agencies providing direct elementary and secondary level
instructional services:
(1) In school districts:
(A) The average daily attendance of each school district reported
for the second principal apportionment pursuant to Section 41601.
(B) The annual average daily attendance for adult education
programs and classes, as determined under subdivision (d) of Section
41601.
(C) The annual average daily attendance for regional occupational
centers and programs, as determined under subdivision (d) of Section
41601.
(D) The average daily attendance of apprentices enrolled in any
class and reported pursuant to Section 8150, except that one unit of
average daily attendance, for purposes of this paragraph, shall equal
525 hours of apprenticeship instruction in an apprenticeship program
operated pursuant to Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code.
(E) (i) The annual average daily attendance for children enrolled
in a state preschool program under the Child Care and Development
Services Act (Chapter 2 (commencing with Section 8200) of Part 6),
except that one unit of average daily attendance, for purposes of
this clause, shall equal 700 hours of child care or preschool
services.
(ii) The annual average daily attendance for children enrolled in
any other program under the Child Care and Development Services Act
(Chapter 2 (commencing with Section 8200) of Part 6), except that one
unit of average daily attendance, for purposes of this clause, shall
equal 250 days of child care services. For the purposes of this
clause, less than four hours per day of child care services shall be
defined as one-half day, from four up to six and one-half hours per
day shall be defined as three-fourths day, and six and one-half hours
or more per day shall be defined as one full day.
(F) The annual average daily attendance of pupils enrolled in
summer school, computed pursuant to Section 42239, except that one
unit of average daily attendance shall equal 700 hours of summer
school instruction in an approved summer school program.
(G) The annual average daily attendance for pupils enrolled in an
educational program offered by a county office of education, as
determined pursuant to subdivisions (b) and (c) of Section 41601.
(2) In community college districts:
(A) The annual average daily attendance of a community college
district computed pursuant to Chapter 4 (commencing with Section
84500) of Part 50, until Section 84750 becomes operative, and
thereafter the number of full-time equivalent students as computed
pursuant to Section 84750.
(B) The annual average daily attendance for evening community
college programs designated as adult schools pursuant to Section
78401, as determined pursuant to Section 78405.
(C) The annual average daily attendance of apprentices enrolled in
any class and reported pursuant to Section 8150, except that one
unit of average daily attendance, for purposes of this paragraph,
shall equal 525 hours of apprenticeship instruction in an
apprenticeship program operated pursuant to Chapter 4 (commencing
with Section 3070) of Division 3 of the Labor Code.
(3) In state agencies that provide direct elementary and secondary
level instructional services:
(A) The annual average daily attendance equivalent for pupils
enrolled in the State Schools for the Handicapped pursuant to Part 32
(commencing with Section 59000).
(B) The annual average daily attendance equivalent for pupils
attending an educational program administered by the Department of
the Youth Authority pursuant to Article 6 (commencing with Section
1120) and Article 10 (commencing with Section 1250) of Part 1 of
Division 2 of Chapter 3 of the Welfare and Institutions Code.
(C) The annual average daily attendance equivalent for pupils in
the state hospitals operated by the State Department of Developmental
Services pursuant to Chapter 8 (commencing with Section 56850) of
Part 30.
(b) Any determination or computation of enrollment for purposes of
this section shall be based upon actual data from prior years. For
the next succeeding year, any determination or computation of
enrollment for purposes of this section shall be the estimated
enrollment, adjusted as actual data become available.
(c) This section shall remain in effect only until July 1, 1990,
and as of that date is repealed, unless Senate Constitutional
Amendment No. 1 is ratified by the voters at the statewide election
to be held on June 5, 1990.

14022.5. (a) For purposes of Section 8.5 of Article XVI of the
California Constitution, the term "enrollment" shall have the
following meaning for school districts, community college districts,
and state agencies providing direct elementary and secondary level
instructional services:
(1) In school districts:
(A) The average daily attendance of each school district reported
for the second principal apportionment pursuant to Section 41601.
(B) The annual average daily attendance for adult education
programs and classes, as determined under subdivision (d) of Section
41601.
(C) The annual average daily attendance for regional occupational
centers and programs, as determined under subdivision (d) of Section
41601.
(D) The average daily attendance of apprentices enrolled in any
class and reported pursuant to Section 8150, except that one unit of
average daily attendance, for purposes of this paragraph, shall equal
525 hours of apprenticeship instruction in an apprenticeship program
operated pursuant to Chapter 4 (commencing with Section 3070) of
Division 3 of the Labor Code.
(E) (i) The annual average daily attendance for children enrolled
in a state preschool program under the Child Care and Development
Services Act (Chapter 2 (commencing with Section 8200) of Part 6),
except that one unit of average daily attendance, for purposes of
this clause, shall equal 700 hours of preschool services.
(ii) The annual average daily attendance for children enrolled in
any other program under the Child Care and Development Services Act
(Chapter 2 (commencing with Section 8200) of Part 6), except that one
unit of average daily attendance, for purposes of this clause, shall
equal 250 days of services. For the purposes of this clause, less
than four hours per day of services shall be defined as one-half day,
from four up to six and one-half hours per day shall be defined as
three-fourths day, and six and one-half hours or more per day shall
be defined as one full day.
(F) The annual average daily attendance of pupils enrolled in
summer school, computed pursuant to Section 42239, except that one
unit of average daily attendance shall equal 700 hours of summer
school instruction in an approved summer school program.
(G) The annual average daily attendance for pupils enrolled in an
educational program offered by a county office of education, as
determined pursuant to subdivisions (b) and (c) of Section 41601.
(2) In community college districts:
(A) The annual average daily attendance of a community college
district computed pursuant to Chapter 4 (commencing with Section
84500) of Part 50, until Section 84750 becomes operative, and
thereafter the number of full-time equivalent students as computed
pursuant to Section 84750.
(B) The annual average daily attendance for evening community
college programs designated as adult schools pursuant to Section
78401, as determined pursuant to Section 78405.
(C) The annual average daily attendance of apprentices enrolled in
any class and reported pursuant to Section 8150, except that one
unit of average daily attendance, for purposes of this paragraph,
shall equal 525 hours of apprenticeship instruction in an
apprenticeship program operated pursuant to Chapter 4 (commencing
with Section 3070) of Division 3 of the Labor Code.
(3) In state agencies that provide direct elementary and secondary
level instructional services:
(A) The annual average daily attendance equivalent for pupils
enrolled in the State Schools for the Handicapped pursuant to Part 32
(commencing with Section 59000).
(B) The annual average daily attendance equivalent for pupils
attending an educational program administered by the Department of
the Youth Authority pursuant to Article 6 (commencing with Section
1120) and Article 10 (commencing with Section 1250) of Part 1 of
Division 2 of Chapter 3 of the Welfare and Institutions Code.
(C) The annual average daily attendance equivalent for pupils in
the state hospitals operated by the State Department of Developmental
Services pursuant to Chapter 8 (commencing with Section 56850) of
Part 30.
(b) Any determination or computation of enrollment for purposes of
this section shall be based upon actual data from prior years. For
the next succeeding year, any determination or computation of
enrollment for purposes of this section shall be the estimated
enrollment, adjusted as actual data become available.
(c) This section shall remain in effect only until July 1, 1990,
and as of that date is repealed, unless Senate Constitutional
Amendment No. 1 is ratified by the voters at the statewide election
to be held on June 5, 1990.

14035. (a) The county school service fund contingency account is
hereby established in the General Fund. In each fiscal year the
amount credited to the account shall be one hundred thousand dollars
($100,000). Notwithstanding any provision of Section 14002 to the
contrary, the amount to be credited to the county school service fund
contingency account each fiscal year shall not be transferred from
the General Fund as required or authorized to be transferred by
Section 14002, but the amounts required or authorized to be
transferred by Section 14002 shall be reduced by the amount to be
credited to the contingency account and shall remain in the General
Fund to the credit of the contingency account.
(b) The moneys in the General Fund to the credit of the
contingency account shall be transferred by the Controller to the
State School Fund in amounts as are certified from time to time by
the Superintendent of Public Instruction to be necessary to meet
actual costs to reimburse county superintendents of schools for
expenses incurred in providing emergency education to pupils and
making financial grants to school districts pursuant to Section 1602,
to reimburse county superintendents of schools for the actual and
necessary travel expenses incurred in connection with cooperative
county publication projects by the county superintendent of schools
or members of his or her staff, and to reimburse county
superintendents of schools for expenses incurred in making emergency
financial grants to school districts.
(c) The amount credited, pursuant to this section, in each fiscal
year to the county school service fund contingency account in the
General Fund shall be reduced by the amount of the balance remaining
to the account on June 30 of the preceding fiscal year and an equal
reduction shall be made in the amount of the reduction in the amounts
required or authorized to be transferred under Section 14002 in
accordance with this section.