State ex rel. Cranston v. County of San Diego

The State of California, as plaintiff, appeals from a judgment denying recovery of an alleged overpayment to the County of San Diego, defendant, for the Junior College Tuition Fund, arising out of the apportionment of state funds pursuant to Education Code section 20211.

The Education Code provides a method for financing the education of junior college pupils not residing in any school district maintaining a junior college. The county superintendent of schools is directed, not later than August 8th of each year, to certify to the board of supervisors and the county auditor the amounts of designated items of expense for educating non-district junior college pupils during the preceding fiscal year. (Ed. Code, §20201.) The board of supervisors is required to levy a tax “upon all taxable property in the county not situated in any school district maintaining a junior college, sufficient in amount to defray” the amounts so certified. (Ed. Code, § 20202.) The tax, when collected, is paid into the county treasury and placed in the college tuition fund (Ed. Code, §20204), which is apportioned among the school districts educating the non-resident junior college pupils. (Ed. Code, § 20205.)…