§ 15754 School Site Apportionment Repayment

This law requires a school district to pay back the state funds it received for buying or improving a school site if the district sells the site or stops using it for its intended purpose within five years.

Key Takeaways

•If a school district sells or stops using a site funded by state apportionment within five years, it must repay the state.
•The board decides how much of the original grant must be returned, which can be the full amount or just a portion.
•The county treasurer must pay the demanded amount to the State Treasurer, and the Controller oversees the collection.

Example

A school district builds a new gymnasium using a $2 million state grant. Two years later, the district sells the gym to a private company.

Because the gym was sold before the district had finished using it for school purposes, the state can demand that the district return the grant money (or a portion of it) that was used for that project.

How to Calculate

Amount due = Apportionment amount × Portion deemed improper by the board

Identify the total apportionment the district received for the project.
Determine how much of that money was spent on the site or improvements.
The board decides what fraction of that money was used improperly (e.g., for a project that was later sold or not used as intended).
Multiply the total apportionment by that fraction to get the amount the district must repay.

The district received a $5 million apportionment to buy land and build a school. After 4 years, the board decides the district only used 60% of the funds for the intended purpose.

Result: $2,000,000

Whenever a school district receives an apportionment under this chapter for the purchase or improvement of a school building site and within a period of five years after the date on which the warrant covering the appropriate portion or portions of the apportionment was drawn on the State Treasurer from the Public School Building Loan Fund, (1) sells or otherwise disposes of the site or the improvements thereon, or any portion thereof, purchased or improved in whole or in part from the apportionment, or (2) within not less than one year nor more than five years, as the board shall determine, does not begin to use the site or the improvements thereon for the purpose or purposes for which the apportionment was made, the board shall make the determinations and take the action with respect thereto as it may deem necessary. If the board determines that the district has (1) sold or otherwise disposed of the site or the improvements thereon, or any portion thereof, or (2) has not used the site for the purpose for which the apportionment was made, it shall demand the return of the apportionment or the portion thereof that it deems proper. Written notice of the demand, setting forth the amount due the state pursuant thereto, shall be furnished by the board to the governing board of the school district, the county superintendent of schools, the county auditor, the county treasurer of the county whose county has jurisdiction over the school district, and the Controller. Upon receipt of the notice and demand, the governing board of the school district shall order the county treasurer to pay to the Treasurer, out of any moneys in the county treasury available to the school district for that purpose, the amount set forth in the notice. The amount shall, upon order of the Controller, be deposited in the State Treasury to the credit of the Public School Building Loan Fund. It shall be the duty of the governing board and county treasurer to make the payments to the Treasurer as provided in this section, and it shall be the duty of the Controller to enforce the collection on behalf of the state. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)

Key Takeaways

•If a school district sells or stops using a site funded by state apportionment within five years, it must repay the state.
•The board decides how much of the original grant must be returned, which can be the full amount or just a portion.
•The county treasurer must pay the demanded amount to the State Treasurer, and the Controller oversees the collection.

Example

A school district builds a new gymnasium using a $2 million state grant. Two years later, the district sells the gym to a private company.

How to Calculate

Amount due = Apportionment amount × Portion deemed improper by the board

Identify the total apportionment the district received for the project.
Determine how much of that money was spent on the site or improvements.
The board decides what fraction of that money was used improperly (e.g., for a project that was later sold or not used as intended).
Multiply the total apportionment by that fraction to get the amount the district must repay.

The district received a $5 million apportionment to buy land and build a school. After 4 years, the board decides the district only used 60% of the funds for the intended purpose.

Result: $2,000,000

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 15754 School Site Apportionment Repayment

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