§ 41206.02
779 words·~4 min read·
/ca/education-code/41206-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding Section 41206.01, the process for certifying the state’s minimum funding obligation to school districts and community college districts required by subdivision
(b)of Section 8 of Article XVI of the California Constitution for the 2016–17 fiscal year shall follow the process set forth below:
(a)No later than July 6, 2018, the Superintendent shall provide the Director of Finance the latest available school enrollment data, allocated local proceeds of taxes received by school districts, apportionment data calculated and the related funding allocated pursuant to Section 14002, and all other final allocations of funds provided to school districts for the 2016–17 fiscal year.
(b)No later than July 6, 2018, the Chancellor of the California Community Colleges shall provide the Director of Finance final community college enrollment data, allocated local proceeds of taxes received by community college districts, and final allocations of all funds provided to community college districts for the 2016–17 fiscal year.
(c)No later than July 11, 2018, and based on the data provided by the Superintendent and the Chancellor of the California Community Colleges pursuant to subdivisions
(a)and (b), and on the Department of Finance’s final projection of 2016–17 fiscal year General Fund revenues included in the 2018 May Revision pursuant to subparagraph
(B)of paragraph
(1)of subdivision
(a)of Section 13308 of the Government Code, the Director of Finance shall recalculate the state’s minimum funding obligation to school districts and community college districts pursuant to Section 8 of Article XVI of the California Constitution for the 2016-17 fiscal year. As part of recalculating the minimum funding obligation, the Director of Finance shall make the supporting data used to make the calculation available on the Department of Finance’s Internet Web site, including the percentage for purposes of paragraph
(1)of subdivision
(b)of Section 8 of Article XVI of the California Constitution, whether paragraph (1), (2), or
(3)of subdivision
(b)of Section 8 of Article XVI of the California Constitution is applicable, the creation or restoration of the maintenance factor, school and community college enrollment, General Fund revenues, changes in per capita personal income, changes in per capita General Fund revenues, and property taxes.
(d)The Superintendent, the Chancellor of the California Community Colleges, and interested parties shall submit any comments on the Department of Finance’s proposed calculations and published data for the 2016–17 fiscal year to the Director of Finance and to the Joint Legislative Budget Committee by no later than August 1, 2018.
(e)The Director of Finance shall review any comments directed at the proposed Proposition 98 certification. Comments not directed at the proposed Proposition 98 certification shall be considered irrelevant and shall not be responded to by the Director of Finance. The Director of Finance shall accept or reject any timely relevant comments. If the Director of Finance accepts a comment, the Director of Finance shall include a written explanation of how the proposed Proposition 98 certification addresses or accommodates the comment. If the Director of Finance rejects a comment, the Director of Finance shall include a written explanation of the reason for the rejection of the comment. These comments and the Director of Finance’s response to the comments shall be provided to the Legislature, consistent with Section 9795 of the Government Code, and published on the Department of Finance’s Internet Web site by no later than August 15, 2018. The Legislature shall consider the comments and responses, may hold public hearings as necessary, and shall provide any additional written comments to the Director of Finance no later than August 31, 2018. The Director of Finance shall take into consideration any comments provided by the Legislature and issue a final certification of the state’s minimum funding obligation to school districts and community college districts required by subdivision
(b)of Section 8 of Article XVI of the California Constitution for the 2016–17 fiscal year, no later than September 15, 2018. This information shall be published on the Department of Finance’s Internet Web site by the same date. The final certification, including the underlying data and calculations, shall also be published in a separate schedule of the Governor’s Budget submitted to the Legislature by no later than January 10, 2019.
(f)Any judicial action to challenge, review, set aside, void, or annul the Director of Finance’s final certification of the state’s minimum funding obligation pursuant to subdivision
(e)must be filed no later than the 90th day following issuance of the certification. That action shall be given precedence on the court’s docket. The filing of that action shall not stay the appropriation or allocation of any sums deemed by the Director of Finance to be due pursuant to Section 41206.03.