Cal. Const., art. XVI, § 8 · Article XVI. PUBLIC FINANCE
Cal. Const., art. XVI, § 8
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) From all state revenues there shall first be set apart the moneys to be applied by the State for support of the public school system and public institutions of higher education.
(b) Commencing with the 1990–91 fiscal year, the moneys to be applied by the State for the support of school districts and community college districts shall be not less than the greater of the following amounts:
(1) The amount which, as a percentage of General Fund revenues which may be appropriated pursuant to Article XIII B, equals the percentage of General Fund revenues appropriated for school districts and community college districts, respectively, in fiscal year 1986–87.
(2) The amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes shall not be less than the total amount from these sources in the prior fiscal year, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and adjusted for the change in the cost of living pursuant to paragraph (1) of subdivision (e) of Section 8 of Article XIII B. This paragraph shall be operative only in a fiscal year in which the percentage growth in California per capita personal income is less than or equal to the percentage growth in per capita General Fund revenues plus one half of one percent.
(3) (A) The amount required to ensure that the total allocations to school districts and community college districts from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes shall equal the total amount from these sources in the prior fiscal year, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment and adjusted for the change in per capita General Fund revenues.
(B) In addition, an amount equal to one-half of one percent times the prior year total allocations to school districts and community colleges from General Fund proceeds of taxes appropriated pursuant to Article XIII B and allocated local proceeds of taxes, excluding any revenues allocated pursuant to subdivision (a) of Section 8.5, adjusted for changes in enrollment.
(C) This paragraph (3) shall be operative only in a fiscal year in which the percentage growth in California per capita personal income in a fiscal year is greater than the percentage growth in per capita General Fund revenues plus one half of one percent.
(c) In any fiscal year, if the amount computed pursuant to paragraph (1) of subdivision (b) exceeds the amount computed pursuant to paragraph (2) of subdivision (b) by a difference that exceeds one and one-half percent of General Fund revenues, the amount in excess of one and one-half percent of General Fund revenues shall not be considered allocations to school districts and community colleges for purposes of computing the amount of state aid pursuant to paragraph (2) or 3 of subdivision (b) in the subsequent fiscal year.
(d) In any fiscal year in which school districts and community college districts are allocated funding pursuant to paragraph (3) of subdivision (b) or pursuant to subdivision (h), they shall be entitled to a maintenance factor, equal to the difference between (1) the amount of General Fund moneys which would have been appropriated pursuant to paragraph (2) of subdivision (b) if that paragraph had been operative or the amount of General Fund moneys which would have been appropriated pursuant to subdivision (b) had subdivision (b) not been suspended, and (2) the amount of General Fund moneys actually appropriated to school districts and community college districts in that fiscal year.
(e) The maintenance factor for school districts and community college districts determined pursuant to subdivision (d) shall be adjusted annually for changes in enrollment, and adjusted for the change in the cost of living pursuant to paragraph (1) of subdivision (e) of Section 8 of Article XIII B, until it has been allocated in full. The maintenance factor shall be allocated in a manner determined by the Legislature in each fiscal year in which the percentage growth in per capita General Fund revenues exceeds the percentage growth in California per capita personal income. The maintenance factor shall be reduced each year by the amount allocated by the Legislature in that fiscal year. The minimum maintenance factor amount to be allocated in a fiscal year shall be equal to the product of General Fund revenues from proceeds of taxes and one-half of the difference between the percentage growth in per capita General Fund revenues from proceeds of taxes and in California per capita personal income, not to exceed the total dollar amount of the maintenance factor.
(f) For purposes of this section, “changes in enrollment” shall be measured by the percentage change in average daily attendance. However, in any fiscal year, there shall be no adjustment for decreases in enrollment between the prior fiscal year and the current fiscal year unless there have been decreases in enrollment between the second prior fiscal year and the prior fiscal year and between the third prior fiscal year and the second prior fiscal year.
(h) Subparagraph (B) of paragraph (3) of subdivision (b) may be suspended for one year only when made part of or included within any bill enacted pursuant to Section 12 of Article IV. All other provisions of subdivision (b) may be suspended for one year by the enactment of an urgency statute pursuant to Section 8 of Article IV, provided that the urgency statute may not be made part of or included within any bill enacted pursuant to Section 12 of Article IV.
Notes and commentary — not constitutional text
History
Sec. 8 amended June 5, 1990, by Prop. 111. Res.Ch. 66, 1989. Effective July 1, 1990.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CONS§ionNum=SEC.%208.&article=XVI
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 163 provisions
Provisions in this library whose text cites Cal. Const., art. XVI, § 8; the first 50 in book order. Each shows the citation as that text prints it.
California Constitution
Education Code
- Ed. Code, § 2575.2Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 2575.3Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 2575.35Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 2580Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 2581Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 2582Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8320Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8281.5Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8337Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8483.5Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8820Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8902Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 8903Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14002Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14003Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14022.3Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14041.5Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14041.6Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14041.7Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14041.75Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 14041.8Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 17070.75Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 17460Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 22002.5Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 22957Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 32526Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 32527Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41203Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41204Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41200Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41202Printed as Section 8 of Article XVI of the California Constitution | Section 8 of Article XVI of the Constitution of the State of California
- Ed. Code, § 41202.5Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41203.1Printed as Section 8 of Article XVI of the California Constitution
- Ed. Code, § 41203.3Printed as Section 8 of Article XVI of the California Constitution
Government Code
Public Contract Code
Revenue and Taxation Code
- Rev. & Tax. Code, § 98Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 6051.2Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 6051.5Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 6170Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 6201.2Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 6201.5Printed as Section 8 of Article XVI of the California Constitution
- Rev. & Tax. Code, § 7285.8Printed as Section 8 of Article XVI of the California Constitution
Welfare and Institutions Code
Every provision that cites Cal. Const., art. XVI, § 8 (163) →
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