SECTIONS 16150-16166 - California Statutes

EDUCATION CODE

SECTION 16150-16166

16150. (a) As used in this article:
(1) "State-aided district" means a district to which a conditional
or final apportionment has been made under this chapter.
(2) "Acquiring district" means a district in which all or a part
of, a state-aided district or an applicant district has been
included.
(3) "Original district" means a state-aided or applicant district
included in whole or in part in an acquiring district.
(b) For the purposes of this article as it applies to an acquiring
district, the effective date of any change of boundaries,
annexation, formation of a new district, or other reorganization
shall be:
(1) For granting conditional apportionments: the date the action
became effective for the purposes of Sections 4062 and 4063.
(2) For making conditional apportionments final: the date the
action became effective for the purposes of Sections 4062 and 4063.
(c) For the purposes of this article as it applies to an original
district, the effective date of any change of boundaries, annexation,
formation of a new district, or other reorganization in which the
original district is included in whole or in part in an acquiring
district shall be:
(1) For granting conditional apportionments: the date the action
becomes effective for all purposes as specified in Section 4064.
(2) For making conditional apportionments final: the date the
action became effective for all purposes as specified in Section
4064.
(3) No conditional apportionment may be made to any original
district affected by any reorganization after the date such action
became effective for the purposes of Sections 4062 and 4063 except
upon an application that has the approval of the governing board of
the acquiring district.

16151. On the date an acquiring district becomes effective for all
purposes, as specified in Section 4064, the authority to accept a
state loan voted by an original district pursuant to this chapter
whose boundaries are coterminous with the boundaries of the acquiring
district shall become authority of the acquiring district to accept
a state loan. However, when the proceeds of bonds authorized and sold
by the acquiring district are applied toward the reduction of
apportionments made to an original district which is included in
whole in the acquiring district pursuant to Section 16058, the amount
of bond proceeds shall be excluded in determining the amount
chargeable against any apportionment authorized to be accepted by the
electorate of the original or acquiring district.

16152. Notwithstanding any other provision of this chapter, where
an election is or has been held after April 1, 1972, in two
elementary districts for the purpose of forming a new elementary
district from the territories of the districts, which reorganization
would become effective for all purposes on July 1, 1973, and where
one of the districts has prior to April 1, 1972, voted to accept,
expend, and repay apportionments under this chapter but no
apportionments pursuant to the authorization has been made to the
district as of April 1, 1972, the consent of the electors in the
districts to the reorganization shall be deemed to constitute a
consent on behalf of the newly formed district to accept, expend, and
repay apportionments under this chapter to the extent that the
former authorization for apportionments had not been utilized.
Further, the ballot for the election held for the purpose of
forming the new elementary school district shall contain a statement
to the effect that approval of reorganization shall be deemed to
constitute a consent on behalf of the newly formed district to
accept, expend, and repay apportionments under this chapter to the
extent that the former authorization for apportionments has not been
utilized.

16153. Whenever, prior to the date on which a conditional
apportionment is made by the board to an applicant district, (1) if
an applicant district is annexed to or otherwise included in whole in
another district which is ineligible for an apportionment under this
chapter, no apportionment shall be made to the applicant district;
(2) if less than the whole of an applicant district is included in a
district which is ineligible for an apportionment under this chapter,
the board may reconsider the application of the applicant district
and make such determinations and take the action with respect
thereto, including the making, subject to Article 1 (commencing with
Section 16000) of this chapter, of a conditional apportionment to the
district, as the board may deem necessary because of such inclusion
of less than the whole of the applicant district in the acquiring
district; (3) if an applicant district is annexed to or otherwise
included in whole or in part in a district which is eligible for an
apportionment under this chapter and has made or does make an
application for the apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make the determinations and take the action with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter, of conditional
apportionments to the districts, as the board may deem necessary
because of the annexation or other inclusion in the acquiring
district of the applicant district in whole or in part.

16154. Whenever, subsequent to the date on which a conditional
apportionment is made by the board to an applicant district, but
prior to the date on which the conditional apportionment becomes
final, (1) if an applicant district is annexed to or otherwise
included in whole in a district which is not eligible for an
apportionment under this chapter, the conditional apportionment
shall, notwithstanding any other provisions of this chapter, become
void and the board shall promptly notify the Controller in writing
thereof and the date on which the apportionment became void; (2) if
the district to which an applicant district is annexed or in which it
is otherwise included in whole is eligible for an apportionment, has
made or does make an application for such an apportionment under
this chapter, the conditional apportionment made to the applicant
district shall, notwithstanding any other provisions of this chapter,
become void but the board may reconsider the application of the
acquiring district and make the determinations and take such action
with respect thereto, including the making, subject to the provisions
of Article 1 (commencing with Section 16000) of this chapter except
as hereinafter provided, of additional conditional apportionments to
the acquiring district, as the board may deem necessary as a result
of such annexation or other inclusion in the acquiring district of
the applicant district; (3) if less than the whole of an applicant
district is included in another district, the conditional
apportionment shall, notwithstanding any other provisions of this
chapter, become void, but the board may reconsider the application
and make such determinations and take such actions with respect
thereto, including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter except as
hereinafter provided, of new conditional apportionments to the
applicant district, as the board may deem necessary as a result of
such inclusion of a portion of the applicant district in the
acquiring district.
Notwithstanding anything in the first sentence of Section 16058 to
the contrary, additional conditional apportionments made to a
district under (2), or new conditional apportionments made to a
district under (3) of the first paragraph of this section may, with
the approval of the board, become final if the total amount of the
bonds of the district outstanding and unpaid is within twenty-five
thousand dollars ($25,000) of the amount required under Section
16058.

16155. If an annexation or other inclusion of a portion of an
applicant district in another district comprises less than 5 percent
of the assessed valuation of the applicant district on the effective
date of the change, no annexation or other inclusion shall be deemed
to have taken place for the purposes of Sections 16154 and 16156.

16156. Whenever, prior to the date on which conditional
apportionments have been made to an applicant district for the full
amount of state aid approved for the district under Section 16035,
(1) if the applicant district is annexed to or otherwise included in
whole in another district which is ineligible for an apportionment
under this chapter, no further apportionment shall be made to the
applicant district; (2) if the applicant district is annexed to or
otherwise included in whole in a district which is eligible for an
apportionment under this chapter and which has made or does make an
application for the apportionment, the board may reconsider the
applications of the applicant district and the acquiring district and
make any determinations and take any action with respect thereto,
including the making, subject to the provisions of Article 1
(commencing with Section 16000) of this chapter, of a conditional
apportionment or apportionments to the acquiring district that the
board may deem necessary because of the annexation or other inclusion
in the acquiring district of the applicant district; (3) if a
portion of the applicant district is annexed to or otherwise included
in another district, the board may reconsider the application of the
applicant district and may, within two years after the first
apportionment made under the approval, make the additional
apportionments as it sees fit to the applicant district, but not in
excess of the amount in which the application was originally
approved, without requiring the district to issue additional bonds.

16157. Whenever, subsequent to the date on which a conditional
apportionment made to a district becomes final, the state-aided
district is included in whole in another district, the acquiring
district shall, on the effective date of the inclusion, succeed to
and be vested with all of the duties, powers, purposes, jurisdiction,
and responsibilities of the state-aided district with respect to the
apportionment and the property acquired or to be acquired from funds
provided thereby, and all funds in the state school building fund of
the state-aided district shall be transferred to the state school
building fund of the acquiring district. All amounts which would,
after the effective date of the inclusion, have been otherwise paid
to the state-aided district under the terms of or pursuant to the
apportionment, shall be paid to the acquiring district. In addition,
the acquiring district shall, on the effective date of the inclusion
of the state-aided district in the acquiring district as fixed by
Section 4064, become liable for the annual repayments and other
payments due the state under Section 16075 and other provisions of
this chapter with respect to the apportionment or the property
acquired or to be acquired therewith.

16158. Whenever one or more state-aided districts are included in
whole in an acquiring district, and the acquiring district applies
for and receives an apportionment, then after the effective date of
the inclusion and upon the approval of the application of the
acquiring district, the governing board of each component state-aided
district shall immediately transfer to the acquiring district all
moneys of the component district which are required to be, or have
been, earmarked for a project or projects of the district. The
acquiring district, upon the transfer to it of the funds, may expend
the funds for any projects of the acquiring district as to which its
application was approved.

16159. Whenever, subsequent to the date on which a conditional
apportionment made to a state-aided district becomes final, less than
all of the district is included in another district, the Director of
General Services shall determine what portion of the apportionment
was expended or will be expended for property acquired or to be
acquired by the acquiring district. Any determination made by the
Director of General Services under this section may be redetermined
by him or her, from time to time, until the project for which the
apportionment was made has been completed, and the final cost thereof
determined and the final determination has been made pursuant to the
final cost. The Director of General Services shall promptly notify
the Controller, the governing board of the state-aided district and
of the acquiring district, the superintendent of schools, the auditor
and the treasurer of the counties having jurisdiction over the
districts of each determination and redetermination made by him or
her under this section. No redetermination shall be retroactive nor
affect the liability of any school district for any payment or annual
repayment, or portion thereof, previously made by or on behalf of
the district to the state under this chapter.
On and after the date of the change of boundaries, the acquiring
district succeeds to and is vested with all of the duties, powers,
purposes, jurisdiction, and responsibilities of the state-aided
district with respect to that portion of the apportionment which the
Director of General Services has determined or redetermined under
this section was expended, or will be expended, for property acquired
or to be acquired by the acquiring district, and the unexpended part
of the portion of the apportionment in the state school building
fund of the state-aided district shall be transferred to the state
school building fund of the acquiring district. In addition, and at
the same time, the acquiring district shall become liable for the
payment to the state of 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 that portion of the apportionment
which the Director of General Services has determined or redetermined
was expended, or will be expended for property acquired, or to be
acquired by the acquiring district, or, in the event the portion of
the apportionment is a lower percentage of the apportionment than the
percentage that the assessed valuation in the territory of the
state-aided district which was transferred to the acquiring district
is of the total assessed valuation of the state-aided district
immediately preceding the effective date of the transfer, the
acquiring district shall become liable for the payment to the state
of that portion of the annual repayment and all other repayments due
the state under Section 16075 and other provisions of this chapter
with respect to the apportionment which is equal to the percentage of
assessed valuation in the territory transferred to the acquiring
district. "Annual repayment," as used in this section, refers to
repayment computed under Sections 16070 to 16075, inclusive, and
excludes amounts for which the state-aided district is liable under
the provisions of Section 16039. Whenever a site for which repayments
are being made under Section 16039 is transferred to an acquiring
district the acquiring district shall be liable for the repayments
required under Section 16039.
Notwithstanding the foregoing, the liability of the acquiring
district for the repayment of any portion of the apportionment made
to the state-aided district shall not exceed the product of the
highest percentage referred to above (whether relating to assessed
valuation or to the portion of the apportionment expended in the
property acquired), multiplied by the balance due on the
apportionment made to the state-aided district at the time of the
withdrawal on the effective date specified in Section 4064 (Sec. 1,
Ch. 95, Stats. 1964, 1st Ex. Sess.) of the territory referred to. The
limited liability is hereinafter referred to as "the maximum." It is
the intent of the Legislature that the maximum shall be applied by
the Controller, both retroactively and prospectively, provided that
as a result of the application (1) no cash refund shall be made to
any district; (2) in the event any district has, in the past, paid an
amount greater than the maximum, assuming this paragraph had been in
effect at that time, the excess shall be credited by the Controller
against any apportionment balances for which the district is or may
hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from other districts
by virtue of any adjustments made under (2) above. Notwithstanding
the foregoing, any computations required to be made pursuant to this
paragraph shall not be reflected in any changes in deductions
required to be made pursuant to Section 16080 prior to January 1,
1966.
If any subdivision clause, sentence, or phrase of this section is
for any reason held to be unconstitutional the decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subdivision, sentence, clause, or phrase thereof
irrespective of the fact that any one or more subsections, clauses,
sentences, or phrases be declared unconstitutional.

16160. Notwithstanding the provisions of Sections 16159 and 16161,
in situations where an applicant district at the elementary grade
level under this chapter is divided into three parts, each of which
is included in a newly formed unified school district, each part
shall be excluded in determining the state loan repayment liability
for any apportionment made to the original district subsequent to the
date the unification is effective for purposes of Section 4062 (Sec.
1, Ch. 873, Stats. 1972), provided:
(a) The assessed valuation of the part is less than 4 percent of
the original district in the fiscal year immediately preceding the
fiscal year the change is made effective for all purposes.
(b) The average daily attendance in the part is excluded in
determining projected enrollment of the original district for
additional state aid during the period after the change is effective
for purposes of Section 4062 (Sec. 1, Ch. 873, Stats. 1972) and prior
to the effective date for all purposes.
(c) The part contains no sites, plans, or school facilities, which
were acquired under this chapter or under Chapter 4 (commencing with
Section 15700) of this part.

16161. Notwithstanding any change in the boundaries of a
state-aided district or the annexation to, or the inclusion in,
another district of a state-aided district, the state-aided district
as it existed immediately prior to the effective date of the action
shall be continued in existence for the determination of the assessed
valuation of the property therein and for the purposes of the
computations provided by Sections 16070, 16072, 16074, 16075 and
16084; and all the computations required to be made pursuant to those
sections shall be made exactly as if there had been no such change
of boundaries, annexation, or inclusion, except as otherwise provided
in Sections 16163 and 16164. However, that if a state-aided district
shall be included entirely in another school district which
subsequently becomes state aided, then the unpaid balances of the
apportionments made to the original district shall be added to the
balances of the apportionments made to the newly aided district. In
those cases, no further computations as aforesaid, or repayments,
shall be made with respect to the original district, but the
computations and repayments shall thenceforth be based solely upon
the territory and assessed valuation of the newly aided district, in
the manner provided by Sections 16070, 16072, 16074, 16075 and 16084.

16162. If a unified school district, after the effective date of
this section, applies for and is granted an apportionment under this
chapter on the basis of grade levels as defined in Section 16003, all
unpaid balances of prior apportionments made to the district,
subject to Section 16161, shall be added to the balances of the
apportionments made on the basis of Section 16003. In those cases, no
further computations or repayments under Sections 16070, 16072,
16074, 16075 and 16084 shall be made with respect to the prior
apportionments alone, but the computations and repayments shall
thenceforth be based solely upon the combined apportionments, and
shall be made as provided in Sections 16071, 16072, 16074, 16075 and
16084.

16163. Whenever, subsequent to the date on which a conditional
apportionment becomes final, territory is withdrawn from a
state-aided district and no portion of the apportionment was expended
for school property acquired by the acquiring district:
(1) If the acquiring district is a state-aided district, the
assessed valuation in the territory acquired shall be included in
determining assessed valuation of the property in the acquiring
district, and shall thereafter be excluded in determining assessed
valuation of the property in the state-aided district, for purposes
of the computations under Sections 16070 to 16075, inclusive;
(2) If the acquiring district is not a state-aided district, the
Controller shall determine the percentage relationship, at the time
of the withdrawal, between (a) the assessed valuation in the
territory acquired, together with the current assessed valuation in
all other territory theretofore acquired by the acquiring district
from the state-aided district since the date of its first conditional
apportionment under this chapter, and (b) the current assessed
valuation of the state-aided district as it was territorially
constituted on the latter date.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, less than 10 percent, the assessed valuation in all
the acquired territory shall be excluded, until the next withdrawal
of territory from the state-aided district to the acquiring district,
in determining the assessed valuation of the state-aided district
for the purposes of the computations under Sections 16070 to 16075,
inclusive.
If the percentage of assessed valuation in acquired territory is,
in the aggregate, a percentage equal to or greater than 10 percent,
the Controller shall, by deducting the percentage from 100 percent,
obtain the "complement percentage." Until the next withdrawal of
territory from the state-aided district to the acquiring district,
the assessed valuation of the state-aided district for purposes of
the computations under Sections 16070 to 16075, inclusive, shall be
determined by dividing the current assessed valuation of the
state-aided district as territorially constituted immediately
subsequent to the last withdrawal, by the complement percentage.
Whenever, pursuant to this section, the assessed valuation of the
state-aided district is adjusted for repayment computation purposes
by use of the complement percentage, liability for the annual
repayment computed shall be apportioned between the state-aided
district and the acquiring district by multiplying the annual
repayment by the complement percentage, the product representing the
liability of the state-aided district, and the remainder of the
computed repayment representing the liability of the acquiring
district.
Notwithstanding the foregoing, the liability of the state-aided
district shall not exceed the product of any "complement percentage"
(as it may from time to time exist) times the balance due on the
aforesaid final apportionment at the time the complement percentage
is established; and the liability of the acquiring district (while a
complement percentage remains unchanged) shall not exceed the
remainder of the balance of the final apportionment at the time
complement percentage is established. The maximum liability on the
part of either the state-aided or acquiring districts established as
above (and until the time that the liability be altered by altering
the "complement percentage") shall be hereinafter referred to in this
section with respect to each such district as "the maximum."
(3) In the event that two or more non-state-aided districts
acquire territory from the state-aided district, the Controller shall
determine the formulae for apportioning liability for the annual
repayment between the districts affected (including the formulae for
determining what assessed valuations shall be used within the
affected districts or territories withdrawn, and the dates of
determination thereof), as will in his or her opinion best comply
with the principles set forth above, irrespective of whether the
formulae are in literal compliance therewith. The same percentage of
annual repayment for which a district is liable at the time the
liability apportionment is made shall (unless and until the liability
apportionment is subsequently changed pursuant to this paragraph) be
deemed applicable to the liability of the district for the balance
(as of the date the liability apportionment is made) due on the final
apportionment to the state-aided district. The liability for the
balance shall, with respect to any affected district, be hereinafter
referred to as the "maximum" for the district.
(4) It is the intent of the Legislature that the foregoing
"maximums" shall be applied by the Controller both retroactively and
prospectively, provided that as a result of the application (1) no
cash refund shall be made to any district; (2) in the event any
district has, in the past, paid an amount greater than its "maximum,"
assuming this paragraph and others to which it is referable had been
in effect at that time, the excess shall be credited by the
Controller against any apportionment balances for which the district
is or may hereafter become liable; and (3) the Controller shall make
retroactively any adjustments in the amounts due from any other
district by virtue of any adjustments made under (2) above.
Notwithstanding the foregoing, any computations required to be made
pursuant to this paragraph shall not be reflected in any changes in
deductions required to be made pursuant to Section 16080 prior to
January 1, 1966.
If any subdivision, clause, sentence, or phrase of this section is
for any reason held to be unconstitutional the decision shall not
affect the validity of the remaining portions of this section. The
Legislature hereby declares that it would have adopted this section
and each subdivision, sentence, clause, or phrase thereof
irrespective of the fact that any one or more subdivisions, clauses,
sentences, or phrases be declared unconstitutional.

16164. Whenever, subsequent to the date on which a conditional
apportionment becomes final, any territory is withdrawn from a
non-state-aided district and annexed to the state-aided district, the
assessed valuation in the territory so annexed shall be included
with the valuation of the state-aided district for the purposes of
making the computations provided by Sections 16070 to 16075,
inclusive.

16165. The Controller shall compute, in accordance with Sections
16161, 16163 and 16164, the amount of the annual repayment due the
state on account of the apportionment or apportionments to each
state-aided district and shall deduct from the respective
apportionments made from the State School Fund under Sections 46304,
46305, and 92 or 41050, Sections 41330 to 41343, inclusive, and
Sections 41600 to 41972, inclusive, to the state-aided district and
an acquiring district the portion thereof for which each is liable
under this article (Sections 16150 to 16166, inclusive).

16166. When, after any application is filed, the applicant district
is annexed to, or, by change of boundaries or otherwise, is included
in whole or in part in another district or districts, the
superintendent of schools of the county having jurisdiction over the
applicant district shall, within 10 days after the effective date of
the annexation, inclusion, or change of boundaries, file a
certificate with the board, in writing, in the form that the board
shall prescribe, setting forth (1) the effective date of the
annexation, inclusion, or change of boundaries; (2) identification of
the area of the school district affected by the change and the name
of the school district or districts in which the area is included as
a result thereof; and (3) any additional information in any form that
the board may require.
The board shall, upon receiving the appropriate certificate from a
county superintendent of schools as provided herein, promptly notify
the State Controller, in writing, of (1) the effective date of
annexation or other inclusion of a state-aided district by an
acquiring district; (2) the name of the state-aided district; (3) the
name of the acquiring district; and (4) the number and other
identification of the apportionment affected.