Opinion No. (2002)

BILL LOCKYER Attorney General THOMAS S. LAZAR Deputy Attorney General The STATE ALLOCATION BOARD has requested an opinion on the following question: Is the State Allocation Board authorized to notify the Secretary of the Senate and the Chief Clerk of the Assembly when new construction grant requests from school districts that are ready for apportionment exceed the state funds available for new school construction? CONCLUSION The State Allocation Board is not authorized to notify the Secretary of the Senate and the Chief Clerk of the Assembly when new construction grant requests from school districts that are ready for apportionment exceed the state funds available for new school construction as long as the board continues to approve apportionments. ANALYSIS The Legislature has enacted the School Facilities Act (Gov. Code, §§ 65970 65981 ) 1 to help provide financing for the expansion of school classrooms made necessary by new residential developments (§ 65970 ). (See Grupe Development Co. v. Superior Court (1993) 4 Cal.4th 911 , 915-923 ; Loyola Marymount University v. Los Angeles Unified School Dist. (1996) 45 Cal.App.4th 1256 , 1262-1263 ; Canyon North Co. v.…