§ 14044 School District Funding Penalties

This law lets the state hold back money that a school district (or county office) would get if they don't send a required report or if the report has false data, but the holdback can’t be more than half of the superintendent’s yearly salary.

Key Takeaways

•The state can withhold funding if a required report is missing or contains false data.
•The most that can be withheld is half of the superintendent’s annual salary.
•Withheld money is held in trust and returned once the correct report is submitted.

Example

A school district forgets to send the semiannual report to the State Department of Education.

Because the report is missing, the state can keep back some of the money the district was supposed to receive. If the district’s superintendent earns $90,000 a year, the most the state can hold is $45,000. The district gets the rest of its funding, and the $45,000 is kept until the correct report is finally filed.

How to Calculate

Withheld amount ≤ 0.5 × Superintendent's annual salary

Find out the superintendent’s yearly salary.
Multiply that salary by 0.5 (or divide by 2).
The result is the highest amount the state can withhold.
The actual withheld amount can be any number up to that maximum.

The county superintendent earns $80,000 per year and the district was supposed to receive $200,000 in state funds.

Result: The state can hold back up to $40,000. If it decides to withhold $30,000, the district still gets $170,000 now, and the $30,000 is kept in trust until the correct report is filed.

(a) Upon determining that any semiannual report to the State Department of Education, as required under Section 628.2 of the Penal Code, has not been submitted, or that a submitted report contains intentionally misleading data, the Superintendent of Public Instruction may withhold an amount from the next state funding apportionment to which the school district or, as appropriate, the county office of education, would otherwise be entitled. The amount so withheld shall not exceed one-half of the annual salary of the superintendent of that district or of that county superintendent of schools, respectively. (b) Any funds withheld pursuant to subdivision (a) shall be held in trust by the Superintendent of Public Instruction until he or she determines that the data required under Section 628.2 of the Penal Code has been submitted, in complete and accurate form, by the appropriate school district or county office of education whereupon those funds shall be released to the appropriate county treasury to the credit of that district or county office of education. (Added by Stats. 1988, Ch. 78, Sec. 1.)

Key Takeaways

•The state can withhold funding if a required report is missing or contains false data.
•The most that can be withheld is half of the superintendent’s annual salary.
•Withheld money is held in trust and returned once the correct report is submitted.

Example

A school district forgets to send the semiannual report to the State Department of Education.

How to Calculate

Withheld amount ≤ 0.5 × Superintendent's annual salary

Find out the superintendent’s yearly salary.
Multiply that salary by 0.5 (or divide by 2).
The result is the highest amount the state can withhold.
The actual withheld amount can be any number up to that maximum.

The county superintendent earns $80,000 per year and the district was supposed to receive $200,000 in state funds.

Result: The state can hold back up to $40,000. If it decides to withhold $30,000, the district still gets $170,000 now, and the $30,000 is kept in trust until the correct report is filed.

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 14044 School District Funding Penalties

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References