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Chapter 3. Audits of California K-12 Local Education Agencies.Article 3. State Compliance Procedures: Local Education Agencies Other Than Charter Schools. Public Hearing Requirement - Receipt of Funds   

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For fiscal years 2009-10 through 2011-12, if the school district or county office of education received any funds from the programs enumerated in subdivision (a) of Education Code Section 42605, perform the following procedures:

(a) Determine whether, with regard to the use of funds in the year audited, the governing board, (1) at a regularly scheduled open public hearing or hearings, (2) took testimony from the public, (3) discussed the proposed use of the funding, and (4) approved or disapproved the proposed use of funding from the 39 programs enumerated in subdivision (a) of Education Code Section 42605, by reviewing minutes or other records of the governing board that document that the governing board held such a public hearing or hearings before determining the use of the funds. The public hearing may have been held in the prior year.

(b) If the governing board, at a regularly scheduled open public hearing, did not take testimony from the public, or did not discuss the proposed use of the funding, or did not approve or disapprove the proposed use of the funding, the school district or county office of education did not meet the condition set forth in subdivision (c)(2) of Education Code Section 42605 for receipt of funds for any and all of the 39 programs enumerated in subdivision (a) of Education Code Section 42605 for the fiscal year audited. Include a finding in the Findings and Recommendations section of the audit report showing the full amount received by the school district or county office of education for any and all of the 39 programs as disallowed.

Authority cited:

Education Code 14502.1

Reference:

Education Code 14501

Education Code 14502.1

Education Code 14503

Education Code 41020

(Amended by Register 2013, No. 23.)