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Property Taxes Law Guide – Revision 2012
 

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Education Code

TITLE 2. ELEMENTARY AND SECONDARY EDUCATION

DIVISION 3. LOCAL ADMINISTRATION

PART 24. SCHOOL FINANCE

Chapter 2. Determination of Minimum Level of Education Funding

Section 41203.1

41203.1. Distribution of allocations. [Repealed by Stats. 1992, Ch. 703, in effect September 15, 1992.]

41203.1. Distribution of allocations. (a) For the 1990–91 fiscal year and each fiscal year thereafter, allocations calculated pursuant to Section 41203 shall be distributed in accordance with calculations provided in this section. Notwithstanding Section 41203, and for the purposes of this section, school districts, community college districts, and direct elementary and secondary level instructional services provided by the State of California shall be regarded as separate segments of public education, and each of these three segments of public education shall be entitled to receive respective shares of the amount calculated pursuant to Section 41203 as though the calculation made pursuant to subdivision (b) of Section 8 of Article XVI of the California Constitution were to be applied separately to each segment and the base year for the purposes of this calculation under paragraph (1) of subdivision (b) of Section 8 of Article XVI of the California Constitution were based on the 1989–90 fiscal year. Calculations made pursuant to this subdivision shall be made so that each segment of public education is entitled to the greater of the amounts calculated for that segment pursuant to paragraph (1) or (2) of subdivision (b) of Section 8 of Article XVI of the California Constitution.

(b) If the single calculation made pursuant to Section 41203 yields a guaranteed amount of funding that is less than the sum of the amounts calculated pursuant to subdivision (a), the amount calculated pursuant to Section 41203 shall be prorated for the three segments of public education.

(c) Notwithstanding any other law, this section does not apply to the 1992–93 to deletion2011–12 fiscal years, inclusive.

History.—Added by Stats. 1989, Ch. 83, in effect June 30, 1989, operative June 5, 1990 only if Senate Constitutional Amendment No. 1 is ratified on June 5, 1990. Stats. 1992, Ch. 703, in effect September 15, 1992, substituted subdivision (c) for former subdivision (c) which provided that operative date was contingent upon ratification of Senate Constitutional Amendment No. 1. Stats. 1993, Ch. 66, in effect June 30, 1993, added subdivision (d). Stats. 1994, Ch. 153, in effect July 11, 1994, added subdivision (e). Stats. 1995, Ch. 308, in effect August 3, 1995, added subdivision (f). Stats. 1996, Ch. 204, in effect July 22, 1996, added subdivision (g). Stats. 1997, Ch. 299 (AB 1578), in effect August 18, 1997, added subdivision (h). Stats. 1998, Ch. 330 (SB 1564), in effect August 21, 1998, added subdivision (i).Stats. 1999, Ch. 78 (AB 1115), in effect July 7, 1999, substituted "fiscal year 1992–93 to fiscal year 1999–2000, inclusive" for "the 1992–93 fiscal year" after "not apply to" in subdivision (c), and deleted former subdivisions (d) through (i). Stats. 2000, Ch. 71 (SB 1667), in effect July 5, 2000, substituted "the fiscal years between the 1992-93 fiscal year and the 2000-01 fiscal year," for "fiscal year 1992-93 to fiscal year 1999-2000" in subdivision (c). Stats. 2001, Ch. 891 (SB 735), in effect October 14, 2001, substituted "2001–02" for "2000–01" before "fiscal year" in subdivision (c). Stats. 2002, Ch. 1167 (AB 2781), in effect September 30, 2002, substituted "2002–03" for "2001–02" before the second "fiscal year" in subdivision (c). Stats. 2003, Ch. 227 (AB 1754), in effect August 11, 2003, deleted "provision of" after "Notwithstanding any other", substituted "does" for "shall" after "law, this section", and substituted "1992–93 to 2003–04 fiscal years" for "fiscal years between the 1992–93 fiscal year and the 2002–03 fiscal year" after "apply to the" in the first sentence of subdivision (c). Amended by Stats. 2004, Ch. 216 (SB 1108), in effect August 11, 2004. Amended by Stats. 2005, Ch. 73 (SB 63), in effect July 19, 2005. Stats. 2007, Ch. 174 (SB 80), in effect August 24, 2007, deleted "then" after "to subdivision (a)," in the first sentence of subdivision (b) and substituted "2007–08" for "2005–06" after "1992–93 to" in the first sentence of subdivision (c). Amended by Stats. 2008, Ch. 757 (AB 519), in effect September 30, 2008. Amended by Stats. 2009, Ch. 12 of the Third Extraordinary Session (SB 4), in effect February 20, 2009. Amended by Stats. 2010, Ch. 724 (AB 1610), in effect October 19, 2010. Amended by Stats. 2011, Ch. 7 (SB 70), in effect March 24, 2011.

Note.—Section 35 of Stats. 2001, Ch. 891 (SB 735), provides that it is the intent of the Legislature that the California Community Colleges receive greater than one-third of any future capital outlay bond funds dedicated to higher education. Sec. 36 thereof provides that for the purpose of making the computations required by Section 8 of Article XVI of the California Constitution, the amounts appropriated by Section 30 and subparagraphs (B) and (C) of paragraph (1) of subdivision (a) of Section 34 of this act shall be deemed to be General Fund revenues appropriated for school districts or community college districts, as defined Section 41202 of the Education Code, and shall be included within the "total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B," as defined in subdivision (e) of Section 41202 of the Education Code, for the fiscal year for which they are allocated. Sec. 37 thereof provides that this act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: To make the necessary changes in order to provide adequate funding for the purpose of public education and to restore critical funding for scheduled maintenance, instructional equipment, and capital outlay for the California, Community Colleges during the 2001–02 academic year, it is necessary that this act take effect immediately.