§ 16043 Conditional School Apportionment Extension

This law says that if a lawsuit stops a school district from finishing the steps needed to lock in a conditional funding award, the award still stays active for nine months after the lawsuit is finally resolved, and the school board can later cut the award if the district's needs have gone down.

Key Takeaways

•If a lawsuit blocks the steps needed to finalize a conditional funding award, the award still lasts for nine months after the lawsuit ends.
•The school board can lower the award after a second investigation if the district’s needs have changed.
•Any reduction must match the change in needs (e.g., a 20% drop in need leads to a 20% cut in the award).

Example

A school district gets a conditional $1 million grant to build a new science lab, but a neighbor sues to stop the construction. The lawsuit drags on for a year and finally ends on June 1.

Even though the lawsuit delayed the project, the grant stays in effect until March 1 (nine months after June 1). After that, the board checks the district’s current needs; if student enrollment fell, the board can lower the grant amount.

How to Calculate

New Apportionment = Original Apportionment – Reduction Amount

Find the original conditional apportionment amount.
Determine how much the district’s needs have changed (e.g., percent decrease).
Calculate the reduction amount by applying that percent change to the original amount.
Subtract the reduction amount from the original amount to get the new apportionment.

The original grant was $1,000,000. After a second investigation the board finds the district’s need is 20% lower.

Result: Reduction Amount = 1,000,000 × 20% = 200,000; New Apportionment = 1,000,000 – 200,000 = $800,000

If, after a conditional apportionment has been made to a school district, legal proceedings initiated prior or subsequent to the making of any conditional apportionment prevent the taking, within the period during which the conditional apportionment remains effective under Section 16024, 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 such 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

•If a lawsuit blocks the steps needed to finalize a conditional funding award, the award still lasts for nine months after the lawsuit ends.
•The school board can lower the award after a second investigation if the district’s needs have changed.
•Any reduction must match the change in needs (e.g., a 20% drop in need leads to a 20% cut in the award).

Example

A school district gets a conditional $1 million grant to build a new science lab, but a neighbor sues to stop the construction. The lawsuit drags on for a year and finally ends on June 1.

How to Calculate

New Apportionment = Original Apportionment – Reduction Amount

Find the original conditional apportionment amount.
Determine how much the district’s needs have changed (e.g., percent decrease).
Calculate the reduction amount by applying that percent change to the original amount.
Subtract the reduction amount from the original amount to get the new apportionment.

The original grant was $1,000,000. After a second investigation the board finds the district’s need is 20% lower.

Result: Reduction Amount = 1,000,000 × 20% = 200,000; New Apportionment = 1,000,000 – 200,000 = $800,000

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 16043 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