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What are the guideline/rules/laws regarding ADA distribution?

Question: In our county we have a district that is a K-12 district but not Unified, therefore it is an Elementary District and a Secondary District with one Governing Board. They receive ADA for Elementary students and ADA for Secondary students. Can these funds be co-mingled? What are the guidelines/rules/laws regarding ADA distribution in this type of district?

Response:  There's a provision in the Education Code that pertains to common governing boards. Section 35110 states that when the membership of the governing boards of an elementary school district and a high school district is the same, and if the certificated employees in both districts have selected the same employee organization to be their exclusive representative, the board may adopt a resolution making the provisions of that article (Article 1.5, Chapter 2, Part 21, Division 3) applicable to each district. Latter sections of that article, Sections 35111 and 35112, then talk about funding and reporting issues and transferring of funds between the districts. These sections contain a lot of information but only apply if there was a board resolution adopted pursuant to Sec. 35110.

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