§ 15716 Conditional School Apportionment Extension

This law says that if a school gets a temporary money grant and a lawsuit stops the school from using it while the grant is still active, the grant will keep working for nine months after the lawsuit ends, and the school board can cut the grant later if the school's needs go down.

Key Takeaways

•The grant stays alive for nine months after any lawsuit is finally decided.
•The school board can lower the grant later if the district’s needs shrink.
•A second investigation is required before the board can cut the amount.

Example

A school district receives a conditional grant to build a new library. While the grant is still active, a lawsuit challenges the grant and stops the district from starting construction. The lawsuit is finally settled on March 1.

Even though the lawsuit stopped the work, the grant stays in effect until December 1 (nine months after March 1). Later, the board checks and finds the district now only needs a smaller library, so they reduce the grant amount accordingly.

How to Calculate

New Apportionment = Original Apportionment – Reduction Amount

Find the original conditional apportionment amount that was approved.
Do a second investigation to see if the district’s needs have gone down.
Figure out how much less money is needed (the reduction amount).
Subtract the reduction amount from the original amount to get the new apportionment.

The board originally approved a $100,000 grant. After the second investigation they decide the district only needs 20% less money.

Result: New Apportionment = 100,000 – 20,000 = $80,000

If, after a conditional apportionment has been made to a school district, legal proceedings initiated prior or subsequent to the making of the conditional apportionment prevent the taking, within the period during which the conditional apportionment remains effective under Section 15713, of the actions necessary to permit the conditional apportionment to become final, the conditional apportionment shall nevertheless remain effective for a period of nine months from the date upon which the legal proceedings are finally determined. The amount of the apportionment may be diminished by the board after a second investigation at which the board shall determine whether conditions existing at the time it approved the project for which apportionment was made have so changed that the needs of the district are less than originally determined and if so the conditional apportionment shall be reduced by a corresponding amount. (Repealed and added by Stats. 1996, Ch. 277, Sec. 2. Effective January 1, 1997. Operative January 1, 1998.)

Key Takeaways

•The grant stays alive for nine months after any lawsuit is finally decided.
•The school board can lower the grant later if the district’s needs shrink.
•A second investigation is required before the board can cut the amount.

Example

How to Calculate

New Apportionment = Original Apportionment – Reduction Amount

Find the original conditional apportionment amount that was approved.
Do a second investigation to see if the district’s needs have gone down.
Figure out how much less money is needed (the reduction amount).
Subtract the reduction amount from the original amount to get the new apportionment.

The board originally approved a $100,000 grant. After the second investigation they decide the district only needs 20% less money.

Result: New Apportionment = 100,000 – 20,000 = $80,000

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 15716 Conditional School Apportionment Extension

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