Education Code section 42128
(a)
Except as provided in subdivision (c), a county superintendent of schools shall not make an apportionment of state, local, or county school moneys for the current fiscal year for a school district or charter school if the governing board of the school district or the school district or the governing body of the charter school or the charter school neglects or refuses to do any of the following:(1)
Adopt a local control and accountability plan pursuant to Section 52060 or 47606.5.(2)
Adopt an annual update to a local control and accountability plan pursuant to Section 52061 or 47606.5.(3)
Adopt or submit a school district or charter school budget pursuant to this article or Section 47604.33.(4)
Submit reports pursuant to Section 42130 or 47604.33.(b)
A county superintendent of schools shall withhold apportionments pursuant to subdivision (a), including previously withheld apportionments for the current fiscal year, until the requirements listed in paragraphs (1) to (4), inclusive, of subdivision (a) are met and shall notify the appropriate county official that the county superintendent of schools shall not approve any warrants issued by the school district or charter school.(c)
If the governing board of a school district or a school district or a governing body of a charter school or a charter school is unable to fulfill one or more requirements described in subdivision (a) due to any of the events described in subdivision (a) of Section 46392, the governing board of the school district or the governing body of the charter school shall, at the earliest opportunity after the event no longer exists, fulfill those requirements and shall submit to the county superintendent of schools and the Superintendent the following information:(1)
A description of the emergency event.(2)
The date that the requirements described in subdivision (a) were met.
Source:
Section 42128, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=42128. (updated Jun. 27, 2025; accessed Jul. 14, 2025).
