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§ 58770. State Apportionment Procedure.

5 CA ADC § 58770Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 5. Education
Division 6. California Community Colleges
Chapter 9. Fiscal Support
Subchapter 8. Community College General Apportionment Funding
Article 8. Allocation Process
5 CCR § 58770
§ 58770. State Apportionment Procedure.
Currentness
(a)(1) Except as provided in subdivisions (2) or (3), the fiscal year revenues for each community college district shall be the noncredit base revenues associated with the funded FTES specified in subdivision (c) of section 58771, plus the credit base revenues associated with the funded FTES specified in subdivision (b) of section 58771, plus the career development and college preparation noncredit base revenues associated with the funded FTES specified in subdivision (d) of section 58771, plus the basic allocation base revenues as defined in subdivisions (e) and (i) of section 58771, plus the inflation adjustments specified in section 58773, plus the workload adjustments specified in section 58774, plus the budget stability adjustment specified in section 58776.
(2) If the sum of the local property tax and fee revenues as defined in subdivision (b) equals or exceeds a district's fiscal year revenue as calculated pursuant to subdivision (1) above, then the fiscal year revenue for that district shall be the sum of the property tax and fee revenues pursuant to subdivision (b) rather than the figure calculated pursuant to subdivision (1). If, in the subsequent year, the sum of the local property tax and fee revenues as defined in subdivision (b) equals or is less than the district's fiscal year revenue as calculated pursuant to subdivision (1) above, then the base revenue for that fiscal year for that district shall be equal to the district's prior year total computational revenue.
(3) If a district's revenue for the 2006-07 fiscal year is based on the program-based funding principles authorized by former Education Code section 84750, as provided for by paragraph (9) of subdivision (d) of Education Code section 84750.5, then the revenue for that district for subsequent fiscal years shall be the higher of:
(A) its prior year total computational revenue, plus the inflation adjustments specified in section 58773, plus the workload adjustments specified in section 58774, plus the budget stability adjustment specified in section 58776; or
(B) the figure calculated pursuant to paragraph (1) of this subdivision. Beginning with the fiscal year for which the higher amount for a district is the figure calculated pursuant to paragraph (1), for each fiscal year thereafter the district's fiscal year revenue shall be calculated pursuant to paragraph (1).
(b) For each community college district, the Chancellor shall subtract from the revenues determined pursuant to subdivision (a), the local property tax revenue specified by law for general operating support, exclusive of bond interest and redemption, timber yield tax revenue pursuant to section 38905.1 of the Revenue and Taxation Code, and 98 percent of the fee revenues required to be collected pursuant to Education Code section 76300. The remainder shall be the state general apportionment for each district.
(c) The Chancellor shall adjust the amount determined pursuant to subdivision (b) and the corresponding FTES associated with that adjustment to provide for prior year adjustments required pursuant to sections 51102, 58134, 59112 et seq. or other provisions of this division authorizing subsequent adjustment of a district's apportionment.
(d) Warrants shall be drawn on the State Treasury by the Controller in favor of the treasurer of each county for the allocations certified by the Chancellor in accordance with the following schedule, as adjusted by the Chancellor in accordance with the provisions of subdivision (e):
(1) Eight percent of district eligibility shall be allocated in July.
(2) Eight percent of district eligibility shall be allocated in August.
(3) Twelve percent of district eligibility shall be allocated in September.
(4) Ten percent of district eligibility shall be allocated in October.
(5) Nine percent of district eligibility shall be allocated in November.
(6) Five percent of district eligibility shall be allocated in December.
(7) Eight percent of district eligibility shall be allocated in January.
(8) The remaining percent of district eligibility shall be allocated in the months for February through June on a schedule as certified by the Chancellor.
(e) The Chancellor may, upon the demonstrated need of any community college district for increased levels of allocations of state funds in any month based on district expenditure patterns and cash flow needs, adjust the allocations provided in subdivision (d), provided that the total of the allocations to be made between July 1 and February 1 shall not exceed 70 percent. The Chancellor may also revise the levels of allocation on a system-wide basis to accommodate legislated deferrals of the system's appropriated apportionment not included in subdivision (d).
(f) The Chancellor, at the request of a governing board of a community college district, and when necessary to maintain the secure deposit and prudent investment of district funds, may direct the Controller to draw warrants in favor of the Local Agency Investment Fund within the State Treasury in lieu of drawing warrants in favor of the county treasurer of the county in which the district resides. The governing board shall certify, and the Chancellor shall find, that the revenues being apportioned are not required for immediate needs.

Credits

Note: Authority cited: Sections 66700, 70901, 84500 and 84750.5, Education Code. Reference: Sections 70901, 76300 and 84500, Education Code.
History
1. New section filed 5-29-91 and submitted to OAL 6-3-91 for printing only pursuant to Education Code section 70901.5; operative 6-30-91 (Register 91, No. 28).
2. Amendment of section, new subsection (f), and amendment of Note filed 1-23-95 as an emergency; operative 1-23-95. Submitted to OAL for printing only. A Certificate of Compliance must be transmitted to OAL 5-23-95 or emergency language will be repealed by operation of law on the following day.
3. Amendment of subsection (b) filed 6-30-95; operative 8-30-95. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 95, No. 30).
4. Amendment of subsections (a)-(c) and (e) and amendment of Note filed 1-17-2007; operative 1-17-2007. Submitted to OAL for printing purposes only pursuant to Education Code section 70901.5 (Register 2007, No. 9).
5. Redesignation and amendment of subsection (a) as subsection (a)(1) and new subsections (a)(2)-(a)(2)(B) filed 7-17-2007; operative 8-16-2007. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2007, No. 35).
6. Amendment of subsections (a)(1) and (c) filed 6-13-2008; operative 7-13-2008. Submitted to OAL for printing only pursuant to Education Code section 70901.5 (Register 2008, No. 25).
This database is current through 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 5, § 58770, 5 CA ADC § 58770
End of Document