State of California Department of Justice
Legal Opinions of the Attorney General -
Opinions published in 2022
1. Does Education Code section 42127.6 allow a county superintendent of schools to stay the issuance of bonds by a school district in fiscal distress?
2. May such a stay remain in place pending resolution of an investigation or outstanding audit deficiencies?
1. Yes. If the county superintendent provides notice and justification that a bond issuance would be inconsistent with the ability of a school district in fiscal distress to meet its financial obligations for the current or subsequent fiscal year, Education Code section 42127.6 authorizes the county superintendent to stay the bond issuance.
2. Yes. A county superintendent generally may stay any action, including a bond issuance, up to the point that the superintendent approves the district’s budget for the subsequent fiscal year, so long as the superintendent determines that the action would be inconsistent with the ability of the school district to meet its financial obligations for the current or subsequent fiscal year.