SECTIONS 41420-41455 - California Statutes

EDUCATION CODE

SECTION 41420-41455

41420. (a) No school district, other than one newly formed, shall,
except as otherwise provided in this article, receive any
apportionment based upon average daily attendance from the State
School Fund unless it has maintained the regular day schools of the
district for at least 175 days during the next preceding fiscal year.
(b) If any school within a school district fails to maintain its
school for the required 175 days, the Superintendent of Public
Instruction shall withhold from the district's apportionment based
upon average daily attendance a product of 0.01143 times the district'
s apportionment for each additional day the school would have had to
maintain operations to meet the 175 day requirement.
For the purpose of this subdivision, except as otherwise provided,
the State Board of Education shall establish the standards and
criteria for defining a day qualifying for the 175-day minimum
requirement.

41421. A school district is a newly formed district up to the close
of the fiscal year in which its formation became effective for all
purposes.

41422. A district that is prevented from maintaining its schools
during a fiscal year for at least 175 days or is required to operate
sessions of shorter length than otherwise prescribed by law because
of fire, flood, earthquake, or epidemic, or because of any order of
any military officer of the United States or of the state to meet an
emergency created by war, or of any civil officer of the United
States, of the state, or of any county, city and county, or city
authorized to issue that order to meet an emergency created by war,
or because of other extraordinary conditions, or because of inability
to secure or hold a teacher, or because of the illness of the
teacher, which fact shall be shown to the satisfaction of the
Superintendent of Public Instruction by the affidavits of the members
of the governing board of the school district and of the county
superintendent of schools, shall receive the same apportionment from
the State School Fund as it would have received had it not been so
prevented from maintaining school for at least 175 full-length days.
This section shall also apply to districts which, in the absence
of one or more of the conditions prescribed by this section, would
have qualified for funds under Sections 46200 or 46201.

41423. No money shall be apportioned to a district for the excess
cost of educating pupils in a 24-hour elementary school of the
district unless such school has met the requirements of the
Superintendent of Public Instruction based upon educational standards
and standards established by state agencies authorized by law to
inspect or supervise child-caring institutions.

41450. The Legislature finds that each year one or more school
districts or county offices of education experience severe financial
difficulty. In some cases these school districts or county offices of
education request emergency apportionments from the state under the
provisions of Article 2 (commencing with Section 41320). In order to
reduce the need for these apportionments, it is the intent of the
Legislature that the Superintendent of Public Instruction be
authorized to provide assistance and guidance to school districts and
county offices of education that are experiencing severe financial
difficulty. That assistance and guidance shall be limited to the
fiscal concerns addressed by the standards and criteria adopted
pursuant to Section 33127.

41455. After receiving the advice of the Controller, the
Superintendent of Public Instruction is authorized pursuant to
Section 41450 to contract with consultants possessing financial and
administrative expertise, including county offices of education, to
examine the financial problems of county offices of education and
school districts that are identified as being in severe financial
difficulty. The examination shall result in a written report to the
Superintendent of Public Instruction regarding financial problems
identified and recommendations on ways to alleviate them, which
report shall be presented at a public meeting of the governing board
of each of the school districts and county offices of education.