SECTIONS 41030-41038 - California Statutes

EDUCATION CODE

SECTION 41030-41038

41030. Any school district which receives bequests or gifts of
money which is surplus money not required for the immediate
necessities of the district may invest it pursuant to the provisions
of this article.

41031. Any gift or bequest of money which is to be invested
pursuant to this article shall be placed in a district special fund
in the county treasury, to be designated as a Foundation Fund. If the
gift or bequest of money is required to be used for specific
purposes according to the terms of the gift or bequest, the governing
board shall place the money in a separate account in the Foundation
Fund, and may by resolution designate the separate account by the
name that it shall be known, including in its name the term
"Foundation Account."

41032. (a) The governing board of any school district may accept on
behalf of, and in the name of, the district, gifts, donations,
bequests, and devises that are made to the district or to or for the
benefit of any school or college administered by the district. The
gifts, donations, bequests, and devises may be made subject to
conditions or restrictions that the governing board may prescribe.
(b) The money deposited in a separate account in the Foundation
Fund shall be invested pursuant to this article or expended only for
the purposes of the gift or bequest.
(c) If a gift of land has been accepted by the governing board of
a school district upon condition or agreement that it be devoted to
school purposes of the district, whether that condition or agreement
is written or oral and whether the terms thereof are recited or
referred to in any instrument executed in connection with the
conveyance of the gift, and the board subsequently determines that
the land cannot feasibly be utilized for any school purpose of the
district, the board may cause it to be reconveyed to the donor
without consideration to the district; provided that failure to do so
shall not affect the rights of any bona fide purchaser or
encumbrancer of the land.

41033. The governing board of a school district which has placed
funds in the Foundation Fund is hereby authorized to invest all or
any part of those funds as it deems wise and expedient as follows:
(a) In the securities, warrants, or instruments of indebtedness
specified by Section 53601 of the Government Code.
(b) In corporate securities other than corporate shares, provided
that the amount of investment under this subdivision shall not exceed
50 percent of the amount invested under subdivision (a).
Any security, warrant, or instrument of indebtedness purchased
pursuant to this section may be sold and the proceeds reinvested in
similar securities, warrants, or instruments, or placed in the
Foundation Fund.

41034. The governing board of a school district may deposit such
securities, warrants, or instruments purchased under Section 41033
for safekeeping pursuant to Section 41016.

41035. The governing board of a school district that invests money
of the Foundation Fund pursuant to this article shall appoint an
advisory committee equal in number to the number of members of the
governing board. The committee shall be composed of qualified
electors of the district and may include members of the governing
board. Members of the committee shall serve without compensation.

41036. The advisory committee shall advise the governing board as
to the investments to be made pursuant to this article.

41037. The governing board shall adopt rules and regulations to
effectuate the purposes of this article, not inconsistent with law.

41038. Except as may be otherwise provided in this article, other
provisions of this chapter shall be applicable to the money placed in
the Foundation Fund pursuant to this article.