SECTIONS 41000-41003.3 - California Statutes

EDUCATION CODE

SECTION 41000-41003.3

41000. No assessor, tax collector, city, city and county, or county
treasurer shall charge or receive any fees or compensation for
assessing, collecting, receiving, keeping, or disbursing any school
moneys, but the whole moneys collected shall be paid to the city,
city and county, or county treasurer.

41001. The governing board of every school district shall pay all
moneys received or collected by it from any source and all moneys
apportioned to it from taxes levied and collected under the authority
of city councils for school purposes, into the county treasury to be
placed to the credit of the proper fund of its district. All money
collected by the city council or other governing body of any
municipality from taxes levied for school purposes when received
shall be paid into the county treasury to the credit of the school
district for the schools of which the taxes were levied. All deposits
and payments required by this section shall be made daily, unless
the county superintendent of schools authorizes them to be made
weekly or otherwise, but in no event less frequently than monthly.

41002. All moneys received by any school district or paid into the
county or city and county treasury to the credit of the district from
state apportionments, county, district or municipal taxes, other
than moneys required to be placed in a separate fund of the school
district, shall be deposited in the general fund of the district,
which fund shall be in existence in each county and city and county
treasury.
Nothing in this section shall be construed as discontinuing, nor
as affecting the disposition of moneys in any of the separate funds
of the school districts legally created or established in law.

41002.5. Notwithstanding Sections 41001 and 41002, money received
from the sources, or for the purposes listed in subdivisions (a) to
(h), inclusive, may be deposited in a bank or other financial
institution whose accounts are federally insured. Any money so
deposited shall be in an account or accounts fully covered by that
insurance:
(a) Funds received for the purpose of making loans, scholarships,
or grants to students in, or graduates of, a school under the
jurisdiction of the governing board of the district.
(b) Funds received for the sale of food or other services
performed by one or more cafeterias established in the schools of the
district.
(c) Funds received from the sale of produce, livestock, and other
products of one or more school farms established in the district.
(d) Clearing accounts established pursuant to Section 41017.
(e) Funds of a student body organization.
(f) Funds in a revolving cash fund established pursuant to Section
42820.
(g) Funds for community recreation programs established pursuant
to Chapter 10 (commencing with Section 10900) of Part 7.
(h) Funds that, pursuant to any other law or provision of the
California School Accounting Manual, may be deposited in a bank or
other federally insured financial institution in lieu of the county
treasury.

41003. The governing board of a school district may, by resolution,
specify the particular fund or funds maintained for the district
into which shall be deposited moneys received for the rental or lease
of real property.

41003.3. (a) Consistent with the provisions of Article 4
(commencing with Section 17455) of Chapter 4 of Part 10.5 of Division
1 of Title 1, from July 1, 2008, to June 30, 2010, inclusive, the
Dixon Unified School District may sell surplus real property
previously used as the school farm on Sievers Road, located five
miles outside of the city and which is not feasible for future school
construction, together with any personal property located thereon,
purchased entirely with local funds. The proceeds of the sale shall
be deposited into the general fund of the school district in order to
reestablish a 3-percent reserve. The remainder of the proceeds from
the sale of the property that are not utilized to reestablish the
3-percent reserve shall be deposited into the capital outlay fund of
the school district.
(b) In order to expend funds pursuant to subdivision (a), the
district shall meet all of the following conditions:
(1) The district shall not be eligible for new construction
funding for 10 years from the date that funds are deposited into the
general fund of the school district pursuant to subdivision (a),
except that the district may apply for new construction funds if both
of the following conditions are met:
(A) At least five years have elapsed since the date upon which the
sale was executed pursuant to subdivision (a).
(B) The State Allocation Board determines that the district has
demonstrated enrollment growth or a need for additional sites or
building construction that the district could not have easily
anticipated at the time the sale was executed pursuant to subdivision
(a).
(2) The governing board of the district shall complete a
governance training program focusing on fiscal management provided by
the County Office Fiscal Crisis and Management Assistance Team
(FCMAT).
(3) Any remaining funds from the sale of the property shall be
exhausted for capital outlay purposes prior to any request for
modernization funding.
(4) Notwithstanding any other provision of law, the Dixon Unified
School District, from July 1, 2008, to June 30, 2010, inclusive,
shall not be eligible to receive financial hardship assistance
pursuant to Article 8 (commencing with Section 17075.10) of Chapter
12.5 of Part 10 of Division 1 of Title 1.
(5) The district shall not be eligible to receive hardship funding
from the State School Deferred Maintenance Fund pursuant to Section
17587 until all remaining funds from the sale of the property
identified in, and pursuant to, subdivision (a) are exhausted for
deferred maintenance or capital outlay purposes.
(6) The governing board of the district shall certify all of the
following to the State Allocation Board:
(A) The district has no major deferred maintenance requirements
that cannot be completed with existing capital outlay resources.
(B) The sale of the real property pursuant to this section does
not violate any provisions of a local general obligation bond act.
(C) The real property sold pursuant to this section is not
suitable to meet any projected school construction need for the next
10 years.
(7) Before exercising the authority granted by this section, the
governing board of the district, at a regularly scheduled meeting of
that board, shall present a plan for expending one-time resources
pursuant to this section. The plan shall identify the source and use
of the funds, and describe how the proposed use of funds, in
combination with budget reductions, will address the district's
deficit spending and restore the ongoing fiscal solvency of the
district.
(8) No later than 10 years after the date of the sale of surplus
property pursuant to subdivision (a), the district shall deposit into
its capital outlay fund an amount equal to the amount of the
proceeds from the sale of the property that is deposited into the
district's general fund as needed to establish the 3-percent reserve
in accordance with subdivision (a).
(c) This section shall remain in effect only until January 1,
2021, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2021, deletes or extends
that date.