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HomeEducation CodeCh. 3Art. 2§ 41320 Emergency Apportionment Conditions

§ 41320 Emergency Apportionment Conditions

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 41320 Emergency Apportionment Conditions

Key Takeaways

  • •If a school district needs emergency money, they must show a report from an outside auditor and a plan to fix their money problems.
  • •The county superintendent checks the plan and can say yes or no. If no, the school district must fix the plan.
  • •The school district must also make a plan to pay back the emergency money and get it approved.
  • •The school district has to pay back the county superintendent for any costs from this process.

Example

A school district is running out of money and can't pay teachers.

The school district must get an outside expert to check their money problems and make a plan to fix it. The county superintendent checks the plan and must agree. Then, the school district gets emergency money but must promise to pay it back later.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 41320 Emergency Apportionment Conditions

As a condition to any emergency apportionment to be made pursuant to Section 41320.2, the following requirements shall be met: (a) The school district requesting the apportionment shall submit to the county superintendent of schools having jurisdiction over the school district a report issued by an independent auditor approved by the county superintendent of schools on the financial conditions and budgetary controls of the school district, a written management review conducted by a qualified management consultant approved by the county superintendent of schools, and a fiscal plan adopted by the governing board to resolve the financial problems of the school district. (b) The county superintendent of schools shall review, and provide written comment on, the independent auditor’s report, the management review, and the school district plan. That written comment shall include the county superintendent’s approval or disapproval of the school district plan. In the event the county superintendent disapproves the plan, the governing board shall revise the school district plan to respond to the concerns expressed by the county superintendent. (c) Upon his or her approval of the school district plan, the county superintendent of schools shall submit copies of the report, review, plan, and written comments specified in subdivision (b) to the Superintendent, the Joint Legislative Audit Committee, the Joint Legislative Budget Committee, the Director of Finance, the president of the state board or his or her designee, and the Controller. (d) The school district receiving the apportionment shall be eligible for assistance from the California Collaborative for Educational Excellence pursuant to Section 52074. (e) The county superintendent of schools, with the concurrence of the Superintendent, shall certify to the Director of Finance that the action taken to correct the financial problems of the school district is realistic and will result in placing the school district on a sound financial basis. (f) The school district shall develop a schedule to repay the emergency loan, including any lease financing pursuant to Article 2.7 (commencing with Section 41329.50), and submit it to the county superintendent of schools. The county superintendent of schools shall review and comment on the repayment schedule and submit it to the Superintendent for approval or disapproval. Upon the approval of the repayment schedule, and of the other reports, reviews, plans, and the appointment of the trustee required by this article, the Superintendent shall request the Controller to disburse the proceeds of the emergency loan to the school district. (g) The school district requesting the apportionment shall reimburse the county superintendent of schools for the costs incurred by the superintendent pursuant to this section. (Amended by Stats. 2018, Ch. 426, Sec. 6. (AB 1840) Effective September 17, 2018.)

Last verified: January 23, 2026

Key Terms

emergency apportionmentindependent auditor's reportmanagement reviewfiscal planrepayment schedulecounty superintendent of schoolsSuperintendent

Related Statutes

  • § 41321 Emergency Apportionment Repayment Report
  • § 41320.1 Trustee Appointment Conditions
  • § 41320.2 Emergency School Funding Request
  • § 41326 Emergency School District Funding
  • § 1624 County Education Budget Approval

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 41320.
View Official Source