Section 41206.01 - Recalculation of state's minimum funding obligation to school districts and community college districts(a) For purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, all determinations of percentages, amounts, revenues, appropriations, allocations, proceeds of taxes, increases in cost of living, or enrollments shall be based upon the best available estimate until actual data becomes available, and then upon actual data when it is available.(b) Each year, by no later than April 25, 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 prior fiscal year.(c) Each year, by no later than April 25, 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 prior fiscal year.(d)(1) Every year, by no later than May 14 following the end of the prior fiscal year, based on the data provided by the Superintendent and the Chancellor of the California Community Colleges pursuant to subdivisions (b) and (c), and on the Department of Finance's final projection of General Fund revenues for the prior fiscal year, 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 prior fiscal year. As part of the May Revision to the Governor's Budget required by subdivision (e) of Section 13308 of the Government Code, the Director of Finance shall publish the Department of Finance's calculation and the underlying data supporting the calculation, 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, any amount that shall not be considered allocations to school districts and community colleges for purposes of computing the amount of state aid in the subsequent fiscal year pursuant to subdivision (c) of Section 8 of Article XVI of the California Constitution, the creation or restoration of the maintenance factor, school district and community college enrollment, General Fund revenues, changes in per capita personal income, changes in per capita General Fund revenues, and property taxes to be provided in satisfaction of 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 prior fiscal year.(2) Notwithstanding paragraph (1), the Director of Finance shall publish the required calculations and the underlying data supporting the calculations for the 2022-23 fiscal year no later than June 30, 2024.(e)(1) 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 to the Director of Finance and to the Joint Legislative Budget Committee by no later than June 6 of each year.(2) Notwithstanding paragraph (1), comments on the Department of Finance's proposed calculations and published data for the 2022-23 fiscal year shall be submitted no later than July 8, 2024.(f)(1) 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 website by no later than June 30 of each year. 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 July 31 of each year. 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 fiscal year being certified by no later than August 15 of each year. This information shall be published on the Department of Finance's internet website 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 of the following year.(2) Notwithstanding paragraph (1), the Director of Finance shall post the comments and the Director of Finance's response to the comments regarding the Proposition 98 certification for the 2022-23 fiscal year on the Department of Finance's internet website by no later than July 30, 2024, and shall publish the final certification, including the underlying data and calculations, by no later than August 15, 2024.(g) 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 (f) shall 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.Ca. Educ. Code § 41206.01
Amended by Stats 2024 ch 38 (SB 153),s 15, eff. 6/29/2024.Amended by Stats 2019 ch 52 (SB 76),s 2, eff. 7/1/2019.Added by Stats 2018 ch 39 (AB 1825),s 9, eff. 6/27/2018.