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HomeEducation CodeCh. 4Art. 1§ 15753 School District Fund Availability

§ 15753 School District Fund Availability

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

§ 15753 School District Fund Availability

This law says a school district can use money it gets from the state for 1 to 3 years, and any money left unused after that time must be sent back to the state.

Key Takeaways

  • •The board decides if the money can be used for 1, 2, or 3 years.
  • •Money is considered “spent” when it is promised for a project (encumbered).
  • •Any money not encumbered when the time runs out must be returned to the state.
  • •The Controller makes sure the state gets the leftover money.

Example

A school district receives $100,000 from the state. The board decides it can spend the money over the next 2 years.

The district can spend or promise to spend (encumber) the money for up to 2 years. If after 2 years there is still money that hasn't been promised for any project, that leftover amount must be returned to the state.

How to Calculate

Unencumbered Balance = Total Apportionment – Encumbered Amount

  1. Find the total amount of money the state gave the district (the apportionment).
  2. Add up all the money that has been encumbered, meaning it has been promised for a project or already spent.
  3. Subtract the encumbered amount from the total apportionment. The result is the unencumbered balance.
  4. If the time limit (1‑3 years) has passed, send the unencumbered balance to the state.

The district got $100,000 and spent $70,000 on a new library. The $70,000 is encumbered.

Result: Unencumbered Balance = $100,000 – $70,000 = $30,000. After the 2‑year period, the $30,000 must be paid back to the state.

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

Official Source
View on CA.gov

§ 15753 School District Fund Availability

Any portion of an apportionment paid to a school district under this chapter shall be available for expenditure by its governing board for not less than one year nor more than three years, as the board shall determine, after the date on which the warrant covering the portion of the apportionment was issued by the Controller. For the purposes of this chapter, an apportionment shall be deemed to be expended at the time and to the extent that the amount thereof on deposit in the county treasury has been encumbered by the creation of a valid obligation on the part of the school district. Upon the expiration of its period of availability, the unencumbered balance of any apportionment made under this chapter shall become due and payable to the State of California; and the governing board of the school district and the county treasurer shall pay the amount of the unencumbered balance to the Treasurer, out of the funds, and in the manner specified in Section 15752. The payment shall, on order of the Controller, be deposited in the Public School Building Loan Fund in the State Treasury. It shall be the duty of the governing body 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.)

Last verified: January 10, 2026

Key Terms

apportionmentgoverning boardControllerunencumbered balancePublic School Building Loan Fundcounty treasurerTreasurer

Related Statutes

  • § 16104 School District Fund Availability
  • § 15713 School District Funding Applications
  • § 15714 School District Fund Transfers
  • § 15722 School Bond Election Certification
  • § 15732 District Grade Tax Calculation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 15753.
View Official Source