Education Code EC 1000 Part 2. County Educational Agencies, Chapter 1. County Boards of Education. Article 1. Election, Jurisdiction, Organization and Procedure Except in a city and county, there shall be a county board of education, which shall consist of five or seven members to be determined by the county committee on school district organization. Each member of the board shall be an elector of the trustee area which he represents and shall be elected by the electors of the trustee area. In chartered counties the manner of selection of the county board of education shall be prescribed in the county charter, or by the county board of supervisors. In a county unified school district or in a unified or elementary school district which includes all of the territory over which a county superintendent of schools has jurisdiction, the governing board of the district shall serve as the county board of education. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1001 Eligibility to vote for county board member of another county when other county has jurisdiction over bicounty school district (a) In those counties where the county superintendent of schools has jurisdiction over a school district situated in two or more counties, any qualified elector residing in the part of the school district situated in a county whose county superintendent of schools does not have jurisdiction of that school district shall be eligible to vote for one or more members of the county board of education of the county whose county superintendent of schools has jurisdiction over the school district. Each such elector shall be eligible to vote for the member of the county board of education representing the trustee area of that county having jurisdiction as designated by the county committee on school district organization. The committee shall apportion the portion of the school district territory not situated in the county having jurisdiction to one or more trustee areas of the other county so that that territory shall, insofar as possible, be represented as if it were situated in the county having jurisdiction. The territory so apportioned shall not become a part of the trustee area to which apportioned for any other purpose. As used in this subdivision, "school district" means any joint union elementary school district, joint union high school district, or joint unified school district, but does not include any community college district. (b) Any person who is a resident of a county and is made eligible to vote for the county board of education of another county pursuant to subdivision (a) shall not be eligible to vote for the county board of education of the county of which he or she is a resident. Notwithstanding the foregoing provisions of this subdivision, a person shall be eligible to vote for both county boards of education if he or she is a resident of an elementary school district of any type that is included in a joint union high school district and the elementary school district and the joint union high school district are each under the jurisdiction of different county superintendents of schools. (c) "County," for purposes of this section, includes any county other than a charter county for which the charter specifies that this section does not apply. (Amended by Stats. 1987, Ch. 870, Sec. 1.) Education Code EC 1002 Boundaries; number of county board members (a) Upon being so requested by the county board of education, the county committee on school district organization, by a two-thirds vote of the members, may either change the boundaries of any or all of the trustee areas of the county, or propose to increase or decrease the number of members of the county board of education, or both. The trustee areas shall be as nearly equal in population as may be, except that in establishing or changing the boundaries of the trustee areas the county committee may give consideration to the following factors: (1) Topography. (2) Geography. (3) Cohesiveness, contiguity, integrity, and compactness of territory. (4) Community of interests of the trustee areas. In any event, the county committee shall ensure that trustee areas are as nearly equal in population as practicable. (b) Following each decennial federal census, and using population figures validated by the Population Research Unit of the Department of Finance as a basis, the county committee shall adjust the boundaries of any or all of the trustee areas of the county board of education as necessary to meet the population criteria set forth in subdivision (a). (c) Changes in trustee area boundaries or a proposed reduction in the number of county board of education members shall be made in writing and filed with the county board of supervisors not later than the first day of March of any school year. (d) In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the county committees on school district organization shall fix the boundaries of trustee areas, insofar as possible, to coincide with the boundaries of school districts. (e) Whenever the boundaries of trustee areas are changed so as to be coterminous with those of supervisorial districts of the county, the election for members of the county board of education shall be consolidated with the countywide election. (Amended by Stats. 1992, Ch. 451, Sec. 1.) Reference: Education Code 1007 Education Code EC 1003 Hearing to change number of board members When a county committee on school district organization proposes to reduce from seven to five or increase from five to seven the number of members of the county board of education, the county committee shall call and conduct a hearing on the matter. At the conclusion of the hearing, the county committee shall, by resolution, approve or disapprove the proposal. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1004 Ballot for change in number of board members The resolution of the county committee approving a reduction or increase in the number of members of the county board of education shall constitute an order of election, and the proposal shall be presented to the electors of the county not later than the next succeeding election for members of the county board of education. The ballot shall contain the following words, as appropriate: "For decreasing (increasing) the number of members of the county board of education from seven (five) to five (seven)-Yes" "For decreasing (increasing) the number of members of the county board of education from seven (five) to five (seven)-No" (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1005 Change in boundary not to affect member's term The boundaries of any trustee area shall not at any time be changed so as to affect the term of office of any member of the county board of education who has been elected and whose term of office has not expired. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1006 Eligibility to be a county board member Eligibility to be county board member. (a) Any registered voter is eligible to be a member of the county board of education except the county superintendent of schools, any member of his staff, or any employee of a school district. (b) Notwithstanding any other provision of law, the county board of education may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the county board of education may serve on the county board of education. Any proposal to limit the number of terms a member of the county board of education may serve on the county board of education shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal. (c) An initiative measure proposed pursuant to subdivision (b) shall be subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 1995, Ch. 432, Sec. 1.) Reference: Elections Code 9100 Education Code EC 1007 County board member elections (a) Members of the county board of education shall be elected on the date and in the manner prescribed for the election of members of governing boards of school districts, provided the elections are held throughout the county on the same date; otherwise the election shall be consolidated with the direct primary election. Once established, no subsequent change of circumstances shall require that the time of holding the election be changed. Where the elections for governing board members are held on the same date, then the provisions of Section 5303 shall apply to the election of members of the county board of education. Elections held pursuant to this article shall be conducted by the county board of education. Members elected at the time of the direct primary shall take office on the first day of July, and members elected at the date on which members of school district governing boards are elected shall take office on the last Friday in November subsequent to their election. The county committee on school district organization shall determine the manner in which the county board of education first elected shall effect a staggering of terms. (b) This section shall govern the election and term of office of members of a county board of education except as provided under Section 5000.5. (Amended by Stats. 1987, Ch. 1452, Sec. 3.) Reference: Education Code 5000.5 (Repealed 1996, Ch. 1143) Education Code 5303 Education Code EC 1008 Vacancy on county board When any vacancy exists on the county board of education of any county on or after December 1, 1978, the vacancy shall be filled in the manner prescribed in Article 3 (commencing with Section 5090) of Chapter 1 of Part 4. (Repealed and added by Stats. 1979, Ch. 9.) Reference: Education Code 5090 Education Code EC 1009 Organizational meeting The county board of education shall organize at a meeting held in each year by electing one of their number president of the board. The meeting at which the organization is conducted shall be either the first meeting on or after the last Friday in November, or the first meeting on or after the first day in July, depending upon whether, pursuant to Section 1007, the terms of office of board members commence on the last Friday in November or the first day in July. (Amended by Stats. 1978, Ch. 1376.) Reference: Education Code 1007 Education Code EC 1010 County superintendent The county superintendent of schools is ex officio secretary and executive officer of the board. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1011 Meetings of the board Regular meetings of the board shall be held at times it may determine, but not less than once per month and shall be conducted in accordance with Chapter 9 (commencing with Section 54950) of Division 2 of Title 5 of the Government Code. (Amended by Stats. 1987, Ch. 1452, Sec. 4.) Reference: Government Code 54950 Education Code EC 1012 Special meetings Special meetings may be called by the president whenever, in his judgment, the exigencies of the schools require them to be held. Upon the request of any three members, in writing, the president shall call a special meeting. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1013 Quorum A majority of the members shall constitute a quorum for the transaction of business. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1014 Actions requiring majority vote No teacher's certificate shall be issued or renewed, nor shall any books or apparatus be adopted except by an affirmative vote of at least a majority of the members of the board. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1015 Voting On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1016 Special meetings At special meetings, no business shall be transacted other than such as may be specified in the call of the president, except that certificates to teach, upon credentials, may be granted, and unexpired certificates to teach may be renewed at any meeting of the board. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1017 Vacant positions; expired terms In those counties in which the election of members of county boards of education are required to be held on the same date as prescribed for the election of members of governing boards of school districts, as provided in Section 1007, the offices of those members of the county board of education whose terms have been fixed to expire in even-numbered years shall become vacant upon the expiration of those terms. The vacancies arising shall be filled by the majority of the remaining members of the board, and the appointees shall hold office only until the first day of July following the election of their successors. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1007 Education Code EC 1040 Article 2. Duties and Responsibilities, County boards of education County boards of education shall: (a) Adopt rules and regulations not inconsistent with the laws of this state, for their own government. (b) Keep a record of their proceedings. (c) Approve the annual budget of the county superintendent of schools before its submission to the county board of supervisors. (d) Approve the annual county school service fund budget of the county superintendent of schools before its submission to the Superintendent of Public Instruction. (e) Review, as a scheduled agenda item at a regularly scheduled public meeting held pursuant to Article 1 (commencing with Section 1000) of this chapter, the report of the annual audit provided for by the county superintendent of schools under Section 41020. (Amended by Stats. 1985, Ch. 741, Sec. 2.) Reference: Education Code 1000 Education Code 41020 Education Code EC 1041 County board; seal; printing County boards of education may: (a) Adopt and use an official seal in authentication of their acts. (b) Have such printing done as may be necessary. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1042 County boards; authority County boards of education may: (a) Adopt rules and regulations governing the administration of the office of the county superintendent of schools. (b) Review the county superintendent of schools annual itemized estimate of anticipated revenue and expenditures before the annual itemized estimate is filed with the auditor as required by Section 29040 of the Government Code, and make any revisions, reductions, or additions therein it deems advisable and proper. No itemized estimate shall be filed by the county superintendent of schools or be approved by the board of supervisors until it has first been so reviewed and approved by the county board of education. (c) In the name by which the board of education is designated, acquire, lease, lease-purchase, hold and convey real property for the purpose of housing the offices and the services of the county superintendent of schools, except that this subdivision shall only apply to the county boards of education to which all or a portion of the duties and functions of the county board of supervisors specified in subdivision (b) of Section 1080 have been transferred, with the exception of the recreational duties and recreational functions specified in subdivisions (c) and (e) of Section 1080. (d) Contract with and employ any persons for the furnishing to the board of special services and advice in financial, economic, accounting, engineering, legal, or administrative matters, if these persons are specially trained and experienced and competent to perform the special services required. The board may pay from any available funds such compensation to these persons as it deems proper for the services rendered. (e) Notwithstanding Section 25304 of the Government Code, fill by appointment any vacancy that occurs during the term of office of the county superintendent of schools. In any county in which the superintendent is elected, the appointee shall hold office until the office is filled by election at the next gubernatorial election. The authority described in this subdivision shall be vested in a county board of education only upon its adoption by the board at a public meeting held pursuant to Article 1 (commencing with Section 1000) of Chapter 1 of Part 2. (Amended by Stats. 1985, Ch. 1487, Sec. 1.) Reference: Education Code 1000 Education Code 1080 Government Code 25304 Government Code 29040 Education Code EC 1043 Functions transferred from board of supervisors to board of education Upon the adoption of a resolution by the board of supervisors of the county consenting to the transfer of the functions specified in this section, the functions specified in this section shall be transferred from the county board of supervisors to the county board of education. The functions, including, but not limited to, the receipt of petition and reports and other papers, are those specified in Sections 35001, 35002, 35676, 35698, 35699, 35703, 35704, 35705, 35722, 35723, 35724, 74100, 74104, 74131, 74132, 74134, 74151, 74153, 74156, 74250, 74251, and 74295. Upon the adoption of the resolution, any reference, with respect to that county, in those sections to the board of supervisors shall be deemed to be a reference to the county board of education of that county and any reference to the clerk of the county board of supervisors shall be deemed to be a reference to the secretary of the county board of education of that county. (Amended by Stats. 1990, Ch. 1372, Sec. 11.) Reference: Education Code 35001 Education Code 35002 (Repealed) Education Code 35676 (Repealed) Education Code 35698 (Repealed) Education Code 35699 (Repealed) Education Code 35703 Education Code 35704 Education Code 35705 Education Code 35722 Education Code 35723 Education Code 35724 Education Code 74100 Education Code 74104 Education Code 74131 Education Code 74132 Education Code 74134 Education Code 74151 Education Code 74153 Education Code 74156 Education Code 74250 Education Code 74251 Education Code 74295 (Repealed) Education Code EC 1044 Copyrights Any county board of education may secure copyrights, in the name of the board, to all copyrightable works developed by the board, and royalties or revenue from such copyrights are to be for the benefit of the board securing such copyrights. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1045 Published materials; license of copyrights Any county board of education may, in accordance with regulations adopted by the board and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the board in connection with the curricular and special services that the board is authorized to perform. Unless restricted by the regulations of the board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution. Any county board of education may also license the use of copyrights held by the board, to the same persons or entities and for the same purposes as provided in the prior paragraph. The board shall grant such a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher. Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the board holds the copyright, shall not exceed the cost to the board of the preparation and reproduction of the materials. Any granting of a license, by a county board of education, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1046 Dormitories The county board of education in any county required to provide for the education and training of handicapped persons residing in the county, when in its judgment necessity therefor exists, may construct and maintain dormitories for use and occupancy by such persons, and shall fix the rates to be charged such persons, or parents or guardians of such persons, for quarters in the dormitories. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1047 Power of eminent domain A county board of education, to which all of the duties and functions of the county board of supervisors have been transferred pursuant to Section 1080 may exercise the power of eminent domain to acquire any property necessary or convenient for carrying out the provisions of this article. (Amended by Stats. 1980, Ch. 143, Sec. 1. Effective May 30, 1980.) Reference: Education Code 1080 Education Code EC 1080 Article 3. Transfer of Duties and Functions to County Board of Education The county board of supervisors, by resolution, may transfer all of the following duties and functions of the county board of supervisors to the county board of education: (a) Approval of the county superintendent's estimate of anticipated revenue and expenditures pursuant to Section 1042 following which it shall be filed with the county board of supervisors. (b) Allowance of the actual and necessary travel expenses, the expenses of the office of the county superintendent of schools, and the expenses of providing housing for all the services of the county superintendent of schools pursuant to Sections 1200, 1201, 1202, and 1203. (c) By agreement with the county board of education, any other duties and functions of an educational, or educational and recreational, nature which by law are required or permitted to be performed by the county board of supervisors. (d) By agreement with the county board of education, the community recreation functions authorized by Chapter 10 (commencing with Section 10900) of Part 7 of this division. The transfer of duties and functions under the provisions of this article shall not alter the requirement that the expenses for those duties and functions be paid out of the county general fund as provided elsewhere in this code, provided however that the county board of supervisors and the county board of education may agree that all or any portion of the expenses for those duties and functions that are by law required or permitted to be paid from the county general fund shall be included in that part of the single budget prepared by the county board of education for which a county tax is levied pursuant to Section 1623. (Amended by Stats. 1987, Ch. 1452, Sec. 5.) Reference: Education Code 1042 Education Code 1200-1203 Education Code 1623 Education Code 10900 Education Code EC 1081 Travel expense Upon the transfer of duties and functions to the county board of education pursuant to Section 1080, the county superintendent of schools may, with the approval of the county board of education, pay actual and necessary travel expenses incurred by the county superintendent of schools or by his designated staff members in accordance with regulations established by the county board of education. The board may authorize an advance of funds to cover such necessary traveling expenses. Such advance shall be repaid or adjusted upon the filing of a regular claim for the actual and necessary traveling expenses incurred. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1080 Education Code EC 1082 Acquisition of real property A county board of education to which functions and duties under this article have been transferred may enter into agreements for the acquisition of real property or improvements as authorized by the County Employees Retirement Law of 1937. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1090 Article 4. Salaries and Expenses. County board member compensation (a) The board of supervisors may allow, as compensation, to each member of the county board of education a sum not to exceed the following amounts: (1) In any class one county, each member of the county board of education who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed six hundred dollars ($600) per month. (2) In any class two county, each member of the county board of education who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed four hundred dollars ($400) per month. (3) In any class three county, each member of the county board of education who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed three hundred dollars ($300) per month. (4) In any class four county, each member of the county board of education who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed two hundred dollars ($200) per month. (5) In any class five, class six, class seven, or class eight county, each member of the county board of education who actually attends all meetings held may receive as compensation for his or her services a sum not to exceed one hundred sixty dollars ($160) per month. (b) Any member who does not attend all meetings held in any month may receive as compensation for his or her services an amount not greater than the maximum amount allowed by subdivision (a) divided by the number of meetings held, and multiplied by the number of meetings actually attended. (c) The amount of compensation shall be determined by the county board of supervisors, or, in a county having a fiscally independent county board of education, by the county board of education. (d) A member of a county board of education may be paid for any meeting for which he or she is absent if the board by resolution duly adopted and included within its minutes finds that at the time of the meeting he or she was performing services outside the meeting on behalf of the board, he or she was ill or on jury duty, or the absence was due to a hardship deemed acceptable by the board. (e) There may also be allowed to each member who uses a privately owned automobile in the discharge of necessary official duties as a member of the county board of education, the same amount as allowed by any county official in the performance of his or her official duties. The mileage rate allowed in this section shall be based on the total mileage claimed in a calendar month. (f) For purposes of this section, the classification of counties shall be determined pursuant to Section 1205. (g) On an annual basis, the county board of education may increase the compensation of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. Any increase made pursuant to this section shall be effective upon approval by the county board of education. This action may be rejected by a majority of the voters in that county voting in a referendum established for that purpose, as prescribed by Chapter 3 (commencing with Section 17200) of Part 2 of Division 17 of the Elections Code. (Amended by Stats. 2001, Ch. 401, Sec. 2.) Reference: Education Code 1205 Elections Code 17200 Education Code EC 1091 Travel expense to attend board meeting If the members of the board of supervisors of any county are not allowed mileage, the board of supervisors of the county shall allow to each member of the county board of education of that county actual and necessary traveling expenses not exceeding twenty-five cents ($0.25) per mile one way in attending the meetings of the board. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1092 Secretary may be allowed $10 The secretary may be allowed the sum of ten dollars ($10) per day for the actual time that the board may be in session. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1093 Compensation payable out of general fund Compensation of the members of the board, shall be payable out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1094 Expenses paid as other claims against general fund Expenses for printing required by the county board of education, and all incidental expenses incurred for stationery or other purposes in the performance of its duties, shall be audited and paid as other claims against the general fund of the county are paid. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1095 Membership in associations The county board of education may subscribe for membership in, or otherwise become a member of, any state or local organization of governing boards of school districts or members thereof, or of county boards of education or members thereof, or both, which has for its primary purpose the promotion and advancement of public education through research and investigation, and the cooperation with persons and associations whose interests and purposes are the betterment of the educational opportunities of the children of the state. The costs incurred for the purposes of this section shall be payable out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1096 Expenses to attend functions of associations The county board of education of each county may select a member or members of the board to attend meetings of any society, association, or organization for which the board has subscribed for membership, or any convention to which the governing board of a school district or a community college district may pay the expenses of any employee. The actual expenses of the member or members shall be allowed and paid out of the county general fund with prior budgetary approval. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1097 Tax rate; levy Whenever a tax rate or portion thereof is levied by any county for the support of its county board of education and superintendent of schools, the assessed valuation of all, but only such portions of elementary and unified school districts under its jurisdiction, shall be considered. The tax rate or portion thereof so computed shall be levied uniformly in all such areas, irrespective of the county in which situated. All moneys collected in surrounding counties from the levy of such tax rate or portion thereof shall be remitted by the respective county auditors to the auditor of the county of jurisdiction and shall be deposited by him to the credit of the fund or funds from which the support of his county board of education and superintendent of schools is derived. This section shall be applicable to a chartered county if Section 1001 is applicable to it. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1001 Education Code EC 1200 Chapter 2. County Superintendents of Schools, Article 1. Appointment, Qualifications, Salary and Expenses. Travel expense Each county superintendent shall receive his actual and necessary traveling expenses. The expenses shall be allowed by the board of supervisors, and be paid out of the county general fund. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1201 Travel expenses; meetings called by State Board of Education or Superintendent of Public Instruction Each county superintendent shall also receive his actual and necessary traveling expenses, when, with the approval of the board of supervisors, he attends any convention or conference to which he is called by the State Board of Education, the Superintendent of Public Instruction, or the Board of Governors of the California Community Colleges, and when the board of supervisors delegates the power to perform services outside of his county either within or without the state. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1202 Office supplies The expenses of the office of superintendent of schools for its stationery, blank books, postage, expressage, freight, telephone, telegraphing, and other necessary office expenses shall be allowed by the supervisors of the county and paid out of the general fund of the county in the same manner as other claims against the county are paid. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1203 Cost of housing services The expense of providing housing for all the services of the county superintendent of schools shall be allowed by the board of supervisors of the county and paid out of the general fund of the county. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1204 Retirement contributions For the purposes of the retirement system of which a county superintendent of schools is a member, all contributions by or on account of the county superintendent and all benefits to him shall be based, insofar as, and to the extent that, such contributions and benefits are based upon the compensation received by him as county superintendent of schools, upon the whole of his annual salary as county superintendent of schools regardless of the fund or funds from which paid, subject only to the maximum amount of salary on which contributions can be paid the system. If such contributions are required to be paid to the system from any fund from which any part of the annual salary of the county superintendent of schools is paid, then contributions shall be paid from each of the funds from which his annual salary is actually paid in the same proportion of the total contribution as that part of his annual salary paid from such fund is of the whole of his annual salary. Contributions which would have been made by any county superintendent of schools, or by an employer on account of said superintendent, if this section had been in effect on and after September 19, 1947, shall be made in accordance with the provisions of this section. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1205 County classifications; ADA For the purposes of prescribing the qualifications required of county superintendents of schools the counties are classified on the basis of the average daily attendance in the public schools as follows: Class one (1) includes all counties with an average daily attendance of seven hundred fifty thousand (750,000) and over. Class two (2) includes all counties with an average daily attendance of one hundred forty thousand (140,000) to seven hundred forty-nine thousand nine hundred ninety-nine (749,999), inclusive. Class three (3) includes all counties with an average daily attendance of sixty thousand (60,000) to one hundred thirty-nine thousand nine hundred ninety-nine (139,999), inclusive. Class four (4) includes all counties with an average daily attendance of thirty thousand (30,000) to fifty-nine thousand nine hundred ninety-nine (59,999), inclusive. Class five (S) includes all counties with an average daily attendance of fifteen thousand (15,000) to twenty-nine thousand nine hundred ninety-nine (29,999), inclusive. Class six (6) includes all counties with an average daily attendance of seven thousand (7,000) to fourteen thousand nine hundred ninety-nine (14,999), inclusive. Class seven (7) includes all counties with an average daily attendance of one thousand (1,000) to six thousand nine hundred ninety-nine (6,999), inclusive. Class eight (8) includes all counties with an average daily attendance of under one thousand (1,000). (Amended by Stats. 1987, Ch. 1452, Sec. 7.) Education Code EC 1206 Credential requirement for County Superintendent of Schools Except as provided in this section no person shall hereafter be elected or appointed to office as county superintendent of schools of any county who does not possess a valid credential issued by the State Board of Education of the type designated in Sections 1205 to 1212, inclusive, for each class. Where a county changes from one class to another because of an increase in the average daily attendance in the public schools of such county, the incumbent county superintendent of schools in that county shall not be prohibited from continuing in office and shall be eligible for reelection to the same office regardless of whether he possesses a valid credential otherwise required in a county of that class. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1205-1208 (1209-1212 Repealed) Education Code EC 1207 County superintendent; qualifications; salary The qualifications of the county superintendent of schools in each county shall be as set forth in Sections 1205 to 1212, inclusive, for that class into which the county falls. The class into which each county falls shall be determined on October 1st of each year based upon the average daily attendance in the public schools of such county for the preceding school year as reported to the State Department of Education. In no case will the salary of the county superintendent be lowered during his term of office. The salaries set forth in Section 1213 are payable to incumbent county superintendents of schools; provided, however, that the salary of an incumbent shall not be reduced during the term for which he was elected or appointed or for any consecutive new term to which he is elected or appointed. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1205-1208 (1209-1212 Repealed) Education Code 1213 (Repealed) Education Code EC 1208 Administrative credential (a) All county superintendents of schools in counties within classes (1) to (8), inclusive, shall possess a valid certification document authorizing administrative services. (b) For purposes of this section, the possession of a valid elementary administrative credential and a valid secondary administrative credential are equivalent to the possession of a valid general administrative credential. (Amended by Stats. 1987, Ch. 1452, Sec. 8.) Education Code EC 1209 County Superintendent of Schools; Increases in salary, financial reimbursement, benefits or pension A county superintendent of schools shall not increase his or her salary, financial remuneration, benefits, or pension in any manner or for any reason without bringing the matter to the attention of county board of education for its discussion at a regularly scheduled public meeting of the board and without the approval of the county board of education. (Added by Stats. 1999, Ch. 838, Sec. 1.) Education Code EC 1240 Article 2. Duties, Responsibilities, and General Powers. County superintendent The superintendent of schools of each county shall do all of the following: (a) Superintend the schools of his or her county. (b) Maintain responsibility for the fiscal oversight of the school district in his or her county pursuant to the authority granted by this code. (c) Visit and examine each school in his or her county at reasonable intervals to observe its operation and to learn of its problems. He or she may annually present a report of the state of the schools in his or her county, and of his or her office, including, but not limited to, his or her observations while visiting the schools, to the board of education and the board of supervisors of his or her county. (d) Distribute all laws, reports, circulars, instructions, and blanks that he or she may receive for the use of the school officers. (e) Annually present a report to the school district board and the Superintendent of Public Instruction regarding the fiscal solvency of any school district with a disapproved budget, qualified interim certification, or a negative interim certification, or that has been determined at any time to be in a position of fiscal uncertainty pursuant to Section 42127.6. (f) Keep in his or her office the reports of the Superintendent of Public Instruction. (g) Keep a record of his or her official acts, and of all the proceedings of the county board of education, including a record of the standing, in each study, of all applicants for certificates who have been examined, which shall be open to the inspection of any applicant or his or her authorized agent. (h) Enforce the course of study. (i) Enforce the use of state textbooks and of high school textbooks regularly adopted by the proper authority. (j) Preserve carefully all reports of school officers and teachers. (k) Deliver to his or her successor, at the close of his or her official term, all records, books, documents, and papers belonging to the office, taking a receipt for them, which shall be filed with the State Department of Education. (l) (1) Submit two reports during the fiscal year to the county board of education in accordance with the following: (A) The first report shall cover the financial and budgetary status of the county office of education for the period ending October 31. The second report shall cover the period ending January 31. Both reports shall be reviewed by the county board of education and approved by the county superintendent of schools no later than 45 days after the close of the period being reported. (B) As part of each report, the superintendent shall certify in writing whether or not the county office of education is able to meet its financial obligations for the remainder of the fiscal year and, based on current forecasts, for two subsequent fiscal years. The certifications shall be classified as positive, qualified, or negative, pursuant to standards prescribed by the Superintendent of Public Instruction, for the purposes of determining subsequent state agency actions pursuant to Section 1240.1. For purposes of this subdivision, a negative certification shall be assigned to any county office of education that, based upon current projections, will be unable to meet its financial obligations for the remainder of the fiscal year or for the subsequent fiscal year. A qualified certification shall be assigned to any county office of education that may not meet its financial obligations for the current fiscal year or two subsequent fiscal years. A positive certification shall be assigned to any county office of education that will meet its financial obligations for the current fiscal year and subsequent two fiscal years. In accordance with those standards, the Superintendent of Public Instruction may reclassify any certification. If a county office of education receives a negative certification, the Superintendent of Public Instruction, or his or her designee, may exercise the authority set forth in subdivision (c) of Section 1630. Copies of each certification, and of the report containing that certification, shall be sent to the Superintendent of Public Instruction at the time the certification is submitted to the county board of education. Copies of each qualified or negative certification, and of the report containing that certification, shall be sent to the Controller at the time the certification is submitted to the county board of education. (2) All reports and certifications required under this subdivision shall be in a format or on forms prescribed by the Superintendent of Public Instruction, and shall be based on standards and criteria for fiscal stability adopted by the State Board of Education pursuant to Section 33127. The reports and supporting data shall be made available by the county superintendent of schools to any interested party upon request. (3) This subdivision does not preclude the submission of additional budgetary or financial reports by the superintendent to the county board of education or to the Superintendent of Public Instruction. (4) The county superintendent of schools is not responsible for the fiscal oversight of the community colleges in the county, however, he or she may perform financial services on behalf of those community colleges. (m) When so requested, act as agent for the purchase of supplies for the city and high school districts of his or her county. (n) For purposes of Section 44421.5, report to the Commission on Teacher Credentialing the identity of any certificated person who knowingly and willingly reports false fiscal expenditure data relative to the conduct of any educational program. This requirement applies only if, in the course of his or her normal duties, the county superintendent of schools discovers information that gives him or her reasonable cause to believe that false fiscal expenditure data relative to the conduct of any educational program has been reported. (Amended by Stats. 2001, Ch. 620, Sec. 1.) Reference: Education Code 1240.1 Education Code 1630 Education Code 33127 Education Code 44421.5 Education Code EC 1240.1 Qualified or negative certification Whenever a county superintendent of schools transmits to the Controller and the Superintendent of Public Instruction a qualified or negative certification as required by subdivision (1) of Section 1240, the State Department of Education, in cooperation with the Controller's office, shall review the certification and the attached report and any other pertinent information, and the Superintendent of Public Instruction shall exercise his or her authority pursuant to Section 1630. (Amended by Stats. 1993, Ch. 924, Sec. 2.) Reference: Education Code 1240 Education Code 1630 Education Code EC 1240.2 Financial statement when qualified negative certification has been filed A county superintendent of schools who files a qualified or negative certification for the 2nd report required pursuant to subdivision (j) of Section 1240 and a county office of education that is classified as qualified or negative by the Superintendent of Public Instruction shall provide to the Superintendent of Public Instruction and the Controller, no later than June 1, a financial statement that covers the financial and budgetary status of the county office of education for the period ending April 30 and projects the fund and cash balances of the county office of education as of June 30. (Added by Stats. 1995, Ch. 525, Sec. 1.) Reference: Education Code 1240 Education Code EC 1241.5 Audits; school districts (a) At any time during a fiscal year, the county superintendent may audit the expenditures and internal controls of school districts he or she determines to be fiscally accountable, and shall conduct this audit in a timely and efficient manner. The county superintendent shall report the findings and recommendation to the governing board of the district within 45 days of completing the audit. The governing board shall, no later than 15 days after receipt of the report, notify the county superintendent of schools of its proposed actions on the county superintendent's recommendation. Upon review of the governing board report, the county superintendent, at his or her discretion, may revoke the authority for the district to be fiscally accountable pursuant to Section 42650. (b) At any time during a fiscal year, the county superintendent may review or audit the expenditures and internal controls of any school district in his or her county if he or she has reason to believe that fraud, misappropriation of funds, or other illegal fiscal practices have occurred that merit examination. The review or audit conducted by the county superintendent shall be focused on the alleged fraud, misappropriation of funds, or other illegal fiscal practices and shall be conducted in a timely and efficient manner. The county superintendent shall report the findings and recommendations to the governing board of the school district at a regularly scheduled school district board meeting within 45 days of completing the review, audit, or examination. The governing board of the school district shall, no later than 15 calendar days after receipt of the report, notify the county superintendent of its proposed actions on the county superintendent's recommendations. Upon review of the school district governing board report, the county superintendent, at his or her discretion, and consistent with law, may disapprove an order for payment of funds consistent with Section 42638. (Amended by Stats. 2001, Ch. 620, Sec. 2.) Reference: Education Code 42638 Education Code 42650 Education Code EC 1243 Reports required by Superintendent of Public Instruction The county superintendent of schools shall make reports, when directed by the Superintendent of Public Instruction, showing such matters relating to the public schools in his county as may be required of him. If he fails to make full and correct report as required under the provisions of this section at the time fixed by the Superintendent of Public Instruction, he shall forfeit one hundred dollars ($100) of his salary; and the county auditor whose duty it is to draw the warrant for the salary of the superintendent of schools shall deduct this amount from the warrant on receiving notice from the Superintendent of Public Instruction to the effect that the superintendent of schools has failed to make the report as directed. (Amended by Stats. 1979, Ch. 797.) Education Code EC 1244 Attendance report Each county superintendent of schools shall annually, at such time as is required by the Superintendent of Public Instruction but not later than July 15th, submit to the Superintendent of Public Instruction a complete report of the attendance credited to the public schools of the county for the school year closing June 30th immediately preceding July 15th. Forms for the reports shall be furnished by the Superintendent of Public Instruction. Reports shall contain and be accompanied by such other information and reports relating to the computation of state apportionments as may be required by the Superintendent of Public Instruction. (Amended by Stats. 1979, Ch. 797.) Education Code EC 1245 School districts to furnish reports to county superintendent Each county superintendent of schools shall submit the reports as may from time to time be required by the Superintendent of Public Instruction. It shall be the duty of each school district to furnish to the county superintendent of schools any records, reports, documents, maps or other data pertaining to reports required by the Superintendent of Public Instruction. (Amended by Stats. 1990, Ch. 1372, Sec. 13. Effective January 1, 1992.) Education Code EC 1246 Destruction of records Whenever the destruction of records of a county superintendent of schools is not otherwise authorized or provided for by law, the county superintendent of schools may destroy the records of his or her office in accordance with regulations of the Superintendent of Public Instruction which he or she is herewith authorized to adopt. (Amended by Stats. 1990, Ch. 1372, Sec. 14.) Education Code EC 1249 Sell of publications (a) The county superintendent of schools may sell publications that he or she produces. (b) The county superintendent of schools, with the approval of the county board of education, may fix the price, not to exceed the estimated cost of production, for the sale of any publication produced by him or her. (c) All moneys received from the sale of publications produced by the county superintendent of schools shall be deposited to the credit of the fund against which the cost of printing the publication was charged. (d) This section does not authorize a county superintendent of schools to prepare or publish written materials, the preparation or publication of which is not otherwise authorized by law. (Amended by Stats. 1987, Ch. 1452, Sec. 19.) Education Code EC 1250 Audio visual equipment; use by school districts The county superintendent of schools, with the approval of the county board of education, may enter into an agreement with the governing board of any school district or community college district in the territory under his or her jurisdiction, to provide for the use by the district of audiovisual equipment and apparatus. The county superintendent of schools is authorized to acquire by purchase, lease, or any other means the equipment and apparatus necessary to provide the service, and to establish facilities for maintaining and servicing that equipment, and for its distribution to school districts and community college districts. The title to all equipment and apparatus acquired by the county superintendent of schools under this section shall be vested in the office of the county superintendent of schools. The agreement shall, among other matters, provide for the amount of the payment to be made by the districts to the county superintendent of schools, and the time the payments shall be made. The payments made by all districts that have entered into an agreement with the county superintendent of schools under this section shall not exceed the costs of rendering the service. The costs may include any expense necessary to carry out this section. The governing board of a school district or a community college district may withdraw from an agreement by giving notice six months prior to the beginning of the next fiscal year, and the agreement shall terminate on the last day of the then current fiscal year. The terms of an agreement may be changed by mutual consent at any time. The county superintendent of schools shall transfer the amounts agreed upon, at the time or times agreed upon, from the general fund of the district to the special equipment and apparatus fund of the county superintendent of schools, which fund is hereby authorized. All funds received for the purposes of this section shall be deposited in said fund, and all expenditures made for the purposes of this section shall be made from the fund. (Amended by Stats. 1990, Ch. 1372, Sec. 15.) Education Code EC 1251 Audio visual equipment and materials; agreements with nonpublic schools The county superintendent of schools, with the approval of the county board of education, may enter into an agreement with a nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization to provide for the use by the institution, agency, organization, or school of audiovisual curriculum materials, including equipment and apparatus, under the control of the county superintendent of schools, in the same manner as public schools pursuant to Section 1250 except as otherwise provided in this section. The agreement shall, among other matters, provide for the amount of the payment to be made by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization to the county superintendent of schools and the time payments shall be made. The payments made by the nonprofit institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit public organization that has entered into an agreement with the county superintendent of schools under this section shall be equal to the cost incurred by the county superintendent of schools in connection with the handling of, and the loss, destruction or damage to the audiovisual curriculum materials, including equipment and apparatus, by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit organization. The governing board of any nonpublic school, a public agency, or nonprofit organization may withdraw from an agreement by giving notice six months prior to the beginning of the next fiscal year, and the agreement shall terminate on the last day of the then current fiscal year. The terms of an agreement may be changed by mutual consent at any time. All funds received for the purposes of this section shall be deposited in the special equipment and apparatus fund of the county superintendent of schools authorized by Section 1250, and all expenditures made for the purposes of this section shall be made from that fund. The audiovisual curriculum materials, including equipment and apparatus, shall be available for use by the nonpublic institution of higher education, the governing board of any nonpublic school, a public agency, or a nonprofit organization pursuant to this section only when such materials, including equipment and apparatus, are not needed by the public schools or the county superintendent of schools. As used in this section, "nonpublic school" means a school that satisfies the requirements of Section 48222 and is exempt from taxation under Section 214 of the Revenue and Taxation Code. (Amended by Stats. 1983, Ch. 71, Sec. 1.) Reference: Education Code 1250 Education Code 48222 Education Code EC 1252 Compensation insurance The county superintendent of schools of any county may, with the approval of the State Compensation Insurance Fund, insure the liability for compensation of any school districts and community college districts in the territory under his or her jurisdiction, the governing boards of which consent thereto, with the State Compensation Insurance Fund under one policy or contract of insurance and pay the premium for the insurance from the county school service fund. Immediately following the payment of the final premium the county superintendent of schools shall transfer from the funds of each insured district to the county school service fund an amount which bears the same ratio to the premium as the payroll of each district bears to the total payroll of all the insured districts. Any dividends earned on the premiums paid under this section shall be credited to the individual districts in proportion to the amount of the premium charged to each district. The expenses of the county superintendent of schools incurred under this section shall be charged to and paid from the county school service fund, which fund shall be reimbursed for those expenses from the general funds of the school districts and community college districts on whose behalf the expenditures are incurred. (Amended by Stats. 1990, Ch. 1372, Sec. 16.) Education Code EC 1253 Jurisdiction when school district lies in two counties (a) Whenever any school district or community college district is situated partly within two or more counties, jurisdiction over it is, unless otherwise provided in this code, in the county superintendent of schools of the county in which the schoolhouse of the district is located, or, if there be a schoolhouse of the district in each of two or more counties, jurisdiction over the district is in the county superintendent of schools of the county in which the greatest area of the district lies. (b) Jurisdiction once established pursuant to subdivision (a) over a school district or community college district situated in two or more counties, shall not be changed, regardless of changes in the schoolhouse maintained by the district in the several counties or changes in the areas of the several counties included within the district, except by a majority of the votes cast by the electors within the district on the proposition for change of such jurisdiction submitted at election. (c) "Jurisdiction," with respect to community college districts for the purposes of this section, means the responsibility or authority to provide services to community college districts. (Amended by Stats. 1990, Ch. 1372, Sec. 17.) Education Code EC 1253.5 Eligibility to vote for county superintendent when school district lies in two counties (a) If a unified school district, described in subdivision (c), is subject to Section 1253, the county board of supervisors of each county wherein the district is situated may by agreement and pursuant to an appropriate resolution adopted by each board, permit the voters of the district who lie outside the county housing the county superintendent of schools who has jurisdiction of the district the right to participate in the election of such county superintendent of schools. (b) The county clerk or registrar of voters of each county affected by the agreement described in subdivision (a) shall be responsible for the conduct of the election within his or her county. (c) The provisions of this section shall apply only to a unified school district which was formed on July 1, 1965, and which, as of the 1979-80 school year, maintained an enrollment of between 12,000 and 15,000 pupils. (Added by Stats. 1980, Ch. 687, Sec. 1.) Reference: Education Code 1253 Education Code EC 1254 Jurisdiction based on assessed valuation The county superintendent of schools of the county in which the greatest part of the assessed valuation of any unified school district lies has jurisdiction over the unified school district for the purposes specified in this code. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1256 School not kept open The county superintendent of schools shall, when there is sufficient money in the fund of any school district to maintain a free school in the district for 175 days of actual teaching, if the trustees neglect or refuse to employ a teacher, appoint a teacher, and open and keep the school. The county superintendent of schools may draw a requisition upon the county auditor, who shall draw a warrant upon the fund of the district for the expense incurred. (Amended by Stats. 1981, Ch. 470, Sec. 2.) Education Code EC 1258 School district elections Whenever by this code the county superintendent of schools is authorized or required to prepare for, hold or conduct any election in or for any public school district the county superintendent may contract with the county clerk, or with the registrar of voters if such office has been established in the county, for the performance under the supervision of the county superintendent of any or all of the duties incident to the preparation for and holding of elections. The governing board of a school district may contract with the county clerk, or with the registrar of voters if the office has been established in the county, for the performance under the supervision of the governing board of any or all duties incident to the holding or conducting of an election in the district for the issuance and sale of bonds of the district pursuant to Section 15100. (Amended by Stats. 1981, Ch. 471, Sec. 3.) Reference: Education Code 15100 Education Code EC 1259 Department of Correction's classes for inmates The Director of Corrections may establish and maintain classes for inmates of institutions or facilities under the jurisdiction of the Department of Corrections by entering into an agreement with the county superintendent of schools of a county in which the institution or facility is located, or of a county contiguous to such county, with the approval of the county board of education, under which the county shall maintain classes for such inmates. Any agreement entered into between the county superintendent of schools and the Director of Corrections, pursuant to this section shall require the Department of Corrections to reimburse the county for the cost to the county of maintaining such classes. "Cost" as used herein includes contributions required to be made by the county superintendent to the State Teachers' Retirement System, but such cost shall not include an amount in excess of the amount expended by the superintendent for salaries of the teachers for such classes, increased by one-fifth. Salaries of such teachers for the purposes of this section shall not exceed the salaries as set by the county superintendent for teachers in other classes for adults maintained by the county. Attendance or average daily attendance in classes established pursuant to this section shall not be reported to the State Department of Education or the Board of Governors of the California Community Colleges for apportionment and no apportionment from the State School Fund shall be made on account of average daily attendance in such classes. No county superintendent of schools shall provide for the academic education of adult inmates of state institutions or facilities under the jurisdiction of the Department of Corrections except in accordance with this section. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1260 Educational research, promote educational programs The county superintendent of schools, with the approval of the county board of education, may: (a) Conduct studies through research and investigation as are determined by the county board to be required in connection with the future management, conditions, needs, and financial support of the schools within the county; or join with one or more school district or community college district governing boards in the conduct of the studies. (b) Install and maintain exhibits of educational programs and activities of the school districts and community college districts within the county at any county fair or at any agricultural district fair. (c) Inform and make known to the citizens of the county, the educational programs and activities of the school districts or community college districts in the territory within his or her jurisdiction. (d) Subscribe for membership in any society, association, or organization which has for its purpose the promotion and advancement of public or private education, subject to the same restrictions as are imposed by Section 35173 on governing boards of school districts respecting those subscriptions. (e) Provide in-service programs and coordinative services for any school or community college district governing board or governing board association in the territory under the jurisdiction of the county superintendent of schools. (Amended by Stats. 1990, Ch. 1372, Sec. 19.) Reference: Education Code 35173 (Repealed) Education Code EC 1262 Consultative or coordinative services Each county superintendent of schools is authorized upon request to provide consultative or coordinative services for school districts and community college districts in the territory under his or her jurisdiction which have established educational programs that are designed to meet the requirements of federal law for the receipt of federal funds for the support of the programs, and that are supported in whole or in part by federal funds. The services may be financed by the federal funds as may be provided. (Amended by Stats. 1990, Ch. 1372, Sec. 20.) Education Code EC 1263 Inservice for certificated personnel; legislative intent It is the intent of the Legislature that certificated personnel serving in the public schools have a responsible understanding of the nature and range of physical, mental, and emotional disabilities of children and youth and of the major implications of such disabilities. In furtherance of this intent, county superintendents of schools are encouraged, in cooperation with school districts, community college districts and colleges and universities, to sponsor workshops or similar activities for certificated personnel to provide opportunities to gain or increase these understandings. It is not the intent of the Legislature that this section be interpreted as a requirement for the issuance or the renewal of any credential. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1266 School maintenance and repair fund Whenever the county superintendent of schools of any county provides for the maintenance and repair of the property of such school districts under his or her jurisdiction as elect to take advantage of the provisions of Sections 1264 to 1270, inclusive, he or she shall upon the request of the governing board of any such district transfer from the general fund of the district to the "school maintenance and repair fund" a sum not to exceed 1 percent of the amount apportioned from the State School Fund to the district during the fiscal year in which the governing board of the district notifies him or her of its election to take advantage of the provisions of Sections 1264 to 1270, inclusive. (Amended by Stats. 1981, Ch. 471, Sec. 4.) Reference: Education Code 1264-1270 (1264, 1265 Repealed) Education Code EC 1267 School maintenance and repair fund Out of the school maintenance and repair fund the superintendent of schools of the county shall purchase materials, bill the district on supplies and equipment, and employ labor to maintain and repair school premises and property of the school districts, under his or her jurisdiction which have elected to take advantage of the provisions of this article, and shall deliver a memorandum in triplicate of the cost of the service on or about the first of each calendar month to the school district. (Amended by Stats. 1981, Ch. 471, Sec. 5.) Education Code EC 1268 Payment for maintenance and repairs Upon receipt of the memorandum the governing board of the district shall draw an order on the funds of the district in favor of the county superintendent of schools in the amount of such cost and forward it with the duplicate and triplicate of the memorandum to the superintendent of schools who shall verify the cost and file the duplicate with the county auditor and the triplicate with the county treasurer. In lieu of the issuance of an order by the governing board of the district in payment of the supplies and equipment, the superintendent of schools of the county may transfer from the proper account of the school district to his or her school maintenance and repair fund a sum equal to the cost of the services as stated in the memorandum. (Amended by Stats. 1981, Ch. 471, Sec. 6.) Education Code EC 1269 Extra employees The superintendent of schools of the county may employ such extra help as is necessary to perform the labor for the maintenance and repair work, as well as to provide for the supervision and transportation of the labor together with the equipment and materials for the work. The cost price of the maintenance and repair services to any school district is the original cost thereof and in addition a sum sufficient to reimburse the county superintendent of schools for all supervision, transportation, equipment, and other expenses, but the sum added shall not in any case exceed 10 percent of the cost of labor and supplies. (Amended by Stats. 1981, Ch. 471, Sec. 7.) Education Code EC 1270 Schoolbuses The county superintendent of schools of any county may use schoolbuses to transport pupils attending schools or classes operated by the county superintendent pursuant to Article 12 (commencing with Section 1850), Article 14 (commencing with Section 1880), and Article 15 (commencing with Section 1920) of Chapter 6 of this part, including adults attending special classes for adults designed to serve the educational needs of handicapped adults operated pursuant to Section 52570 or 78440, and teachers or other employees employed by the county superintendent of schools, to and from school athletic contests or other school activities, or to and from fairs or expositions held in the state or in any adjoining state and in which the pupils participate actively or as spectators. The transportation may be provided on any day or days throughout the school year. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1850 (Repealed) Education Code 1880 (Repealed) Education Code 1920 Education Code 52570 Education Code 78440 (Repealed) Education Code EC 1270.1 Transportation; nonpublic school students The county superintendent of schools may allow pupils entitled to attend the public schools under his jurisdiction, but in attendance at a school other than a public school under the provisions of Section 48222, transportation upon the same terms and in the same manner and over the same routes of travel as is permitted pupils attending the public schools. The authorization of this section shall be restricted to actual transportation when furnished by the county superintendent, and nothing in this section shall be construed to authorize or permit in lieu of transportation payments of money to parents or guardians of children attending private schools. (Added by Stats. 1977, Ch. 347.) Reference: Education Code 48222 Education Code EC 1271 Trustee's meeting The county superintendent of schools may, with the approval of the county board of education, hold one trustees' meeting in each year as follows: (a) One school trustee of each school district of the county shall attend the meeting and participate in its proceedings but more than one trustee of any district may attend if the board of trustees of that district so directs. (b) School trustees of each school district shall select the trustee or trustees who shall attend the meeting. (c) Each trustee selected to attend the meeting shall be allowed his or her actual traveling expenses for not to exceed one day incurred in going to and returning from the meeting. The expenses shall be verified by the county superintendent of schools. (d) The county superintendent shall notify each trustee of the county at least 10 days prior to calling of the trustees' meeting of the time and place of the meeting. (e) Each session of the trustees' meeting may be called at any hour on the day specified and may continue for that time as those meeting see fit. (f) The county superintendent shall draw his or her requisition on the county auditor who shall draw his or her warrant on the county school service fund to pay the expenses of holding the trustees' meeting. (Amended by Stats. 1990, Ch. 1372, Sec. 21. Effective January 1, 1992.) Education Code EC 1273 Reimbursement for theft or damage of personal property The county superintendent of schools, in accordance with rules and regulations adopted by the county board of education, may provide for the reimbursement of any person or persons for the theft, destruction, or damage by arson, burglary or vandalism of personal property brought in to be used in the facilities of the county superintendent of schools. Reimbursement shall be made only when prior approval for the use of the facilities was given, and after the value of the damaged or stolen property is agreed upon by the persons or person bringing in the property and the administrator or representative of the administrator. This determination of value need take place only after the theft, destruction, or damage of the property. The county superintendent of schools may establish a maximum value of reimbursement which will be paid. (Added by Stats. 1978, Ch. 838.) Education Code EC 1274 Fund for losses The county superintendent of schools may establish a fund or funds for losses, and payments, including, but not limited to, property of the superintendent, any liability, and workers' compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed such sums, to be provided in the budget of the superintendent, as will create an amount which, together with investments made from the fund or funds, will be sufficient in the judgment of the superintendent to protect the superintendent from those losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed as prohibiting the superintendent from providing protection against those losses or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers as provided in Section 39601. The fund or funds shall be considered as separate and apart from all other funds of the superintendent, and the balance therein shall not be considered as being part of the working cash of the superintendent in compiling annual budgets. Warrants may be drawn on, or transfers made from, the fund or funds so created only to reimburse or indemnify the superintendent for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by the superintendent. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the superintendent, in securities which are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of and be deposited in the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The superintendent may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise, and approve claims against the superintendent, its officers or employees, within those limits and for those amounts as the superintendent may specify, and may provide that the contracting firm may execute and issue checks in payment of those claims, which checks shall be payable only from a trust account which may be established by the superintendent. Funds in the trust account established by the superintendent pursuant to the provisions of this section shall not exceed a sum sufficient as determined by the superintendent to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of the claim by the superintendent. The contract may also provide that the contracting firm may employ legal counsel, subject to those terms and limitations as the superintendent may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising, and paying claims referred to the contracting firm by the superintendent for investigation and adjustment, or to represent the superintendent in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the superintendent shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain any other terms and conditions the superintendent may consider necessary or desirable to effectuate the superintendent's self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the superintendent may authorize an employee or employees to perform any or all of the services and functions which the superintendent may contract for under the provisions of this section. As used in this section, "firm" includes a person, corporation, or other legal entity. A county superintendent of schools may participate in, or administer, insurance for one or more school or community college districts pursuant to this section, and Sections 39602 and 81602. (Renumbered from 1273 and amended by Stats. 1981, Ch. 714, Sec. 76.) Reference: Education Code 39601 (Repealed. See Education Code 17565) Education Code 39602 (Repealed. See Education Code 17566) Education Code 81602 Education Code EC 1275 Purchase of school supplies The county superintendent may arrange with a county purchasing agent for the purchase of standard school supplies and equipment in accordance with the regulations of the county board of education and the purchasing agent shall act in that capacity when so authorized. (Renumbered from 40005 and amended by Stats. 1987, Ch. 1452, Sec. 312.) Education Code EC 1276 Data processing systems; lowest bidders The county superintendent of schools may contract with an acceptable party who is one of the three lowest responsible bidders for the lease, purchase, or maintenance of electronic data-processing systems and for the lease, purchase, or maintenance of supporting software. (Added by Stats. 1982, Ch. 288, Sec. 2.) Education Code EC 1277 Data processing software The county superintendent of schools, with the approval of the county board of education and in accordance with rules prescribed by the board, may market or license any noneducational mainframe electronic data-processing software developed by that office to any person or any public or private corporation or agency. Proceeds from the marketing or licensing of noneducational mainframe electronic data-processing software under this section shall be used exclusively for educational purposes. (Added by Stats. 1984, Ch. 607, Sec. 1.) Education Code EC 1278 Teacher institutes The superintendent of schools of each county may conduct teacher institutes on behalf of the school districts in the county. (Added by Stats. 1987, Ch. 1452, Sec. 23.) Education Code EC 1279 County Superintendent of Schools; disposing of personal property (a) The county superintendent of schools shall not in any manner dispose of any item of personal property worth over twenty-five thousand dollars ($25,000) that belongs to the county office of education without meeting the following conditions: (1) Obtaining an independent valuation of the property. (2) Advertising the property for sale in a newspaper of general circulation within the district, or, if there is no newspaper of general circulation within the district, in any newspaper of general circulation that is regularly circulated in the district. The advertisement shall be published for a period of time in accordance with the policy of the county board of education. (3) Bringing the matter to the attention of the county board of education for its discussion at a regularly scheduled public meeting. (4) Obtaining the approval of the county board of education. (b) The county superintendent of schools shall not in any manner dispose of any personal property worth less than twenty-five thousand dollars ($25,000) that belongs to the county office of education unless he or she certifies the value of the property in a quarterly report and submits that report to the county board of education for its review. (Added by Stats. 1999, Ch. 838, Sec. 2.) Education Code EC 1280 Budget If a revision in excess of twenty-five thousand dollars ($25,000) is proposed by the county superintendent of schools to the annual budget of the county superintendent of schools after the county board of education has adopted the budget, the revision shall be incorporated in the next interim financial report or other board report when the report is submitted to the county board of education for discussion and approval at a regularly scheduled public meeting of the county board of education. (Added by Stats. 1999, Ch. 838, Sec. 3.) Education Code EC 1281 Hiring of a consultant (a) No county superintendent of schools may hire as a consultant any entity in which he or she has a financial interest. (b) If the county superintendent of schools enters into a consultant contract for twenty-five thousand dollars ($25,000) or more and the contract constitutes a budget revision, it shall be incorporated in the next interim financial report or other board report when the report is submitted to the county board of education for discussion and approval at a regularly scheduled public meeting of the county board of education. (Added by Stats. 1999, Ch. 838, Sec. 4.) Education Code EC 1290 Article 3. Staff. Deputy superintendent Except as otherwise provided by law, every county superintendent may appoint a deputy. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1292 Compensation for deputy superintendent The compensation of each deputy school superintendent of a city and county shall be not less than the minimum received by any high school principal in the city and county. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1293 Contracts of employment A county superintendent of schools may enter into contracts of employment with persons employed by him in positions requiring certification qualifications for periods of not to exceed the end of the school year in which the term for which the county superintendent of schools was elected or appointed expires and in no event, for more than four years and six months. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1294 Leaves of absence Each person employed by a county superintendent of schools in a position requiring certification qualifications, except employees included in the civil service system or in any merit system, or any person who holds an office by virtue of an election conducted under the Elections Code or the Education Code, and whose salary is paid from the county school service fund, has the same right with respect to leaves of absence, sick leave, and bereavement leave as a person employed by a school district or a community college district in a position requiring certification qualifications. Sections 22724, 44845, 44922, 44949, 44955, 44962 to 44976, inclusive, 44977, 44978, 44979, 44983, 44984, 44985, 44987, 87413, 87414, 87740, 87743, 87763 to 87779, inclusive, 87780, 87781, 87782, 87786, 87787, and 87788 apply to persons so employed by a county superintendent of schools and so paid from the county school service fund. Whenever, in those provisions, a duty or power is imposed upon or granted to the governing board of a school district or community college district or an employee thereof, the power or duty shall, for the purposes of this section, be deemed to be granted to or imposed on the county superintendent of schools or his or her employee, respectively. When "district" is used in those provisions, it shall, for the purposes of this section, be deemed to mean "county superintendent of schools." Compensation paid to employees during those leaves shall be paid from the county school service fund. The granting of leaves of absence to employees pursuant to Section 44966 or 87767 shall be by the county superintendent of schools, upon approval by the county board of education. (Amended by Stats. 1990, Ch. 1372, Sec. 22.) Reference: Education Code 22724 (Repealed. See Education Code 22719) Education Code 44845 Education Code 44922 Education Code 44949 Education Code 44955 Education Code 44962-44976 Education Code 44977 Education Code 44978 Education Code 44979 Education Code 44983 Education Code 44984 Education Code 44985 Education Code 44987 Education Code 87413 Education Code 87414 Education Code 87740 Education Code 87743 Education Code 87763-87779 Education Code 87780 Education Code 87781 Education Code 87782 Education Code 87786 Education Code 87787 Education Code 87788 Education Code EC 1294.1 Substitute or temporary employees (a) Notwithstanding any other provision of this code, a county superintendent of schools may employ substitute or temporary employees in a position requiring certification requirements to serve for periods of less than one year to provide instructional and related educational services in county community schools operated pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 and juvenile court schools operated pursuant to Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27 if a temporary increase in enrollment exists. (b) The number of employees hired under this section shall not exceed the number necessary to accommodate the temporary increase in enrollment and shall not increase established class size or pupil-to-teacher ratios, or both. (c) If a substitute or temporary employee serves more than 60 schooldays, the employee is deemed to have been hired as a substitute or temporary employee for the duration of the semester in which the employee renders the substitute or temporary service. (d) Notwithstanding Sections 44917 and 44920, it is not required that substitute or temporary employees employed under this section replace regularly employed persons absent from service. (e) For purposes of this section, a temporary increase in enrollment exists when the number of pupils enrolled is more than the average enrollment of the preceding two fiscal years prior to the year in which the substitute or temporary employee was hired under this section. (Added by Stats. 1994, Ch. 255, Sec. 1.) Reference: Education Code 1980 Education Code 44917 Education Code 44920 Education Code 48645 Education Code EC 1294.5 Employment agreements Any county superintendent of schools may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or other categorically funded projects of indeterminate duration. The terms and conditions under which such persons are employed shall be mutually agreed upon by the employee and the county superintendent and such agreement shall be reduced to writing. Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless (1) such person has served pursuant to this section for at least 75 percent of the number of days the regular schools of county superintendent by which he is employed are maintained, and (2) such person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods which are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of probationary or permanent employees. This section shall not be construed to apply to any regularly credentialed employee who has been employed in the regular educational programs of the county superintendent of schools as a probationary employee before being subsequently assigned to any one of these programs. (Added by Stats. 1977, Ch. 36.) Education Code EC 1295 Leaves of absence The county superintendent of schools, with the approval of the county board of education, may grant leaves of absence, with or without pay, to persons employed by him in positions not requiring certification qualifications in the same manner and to the same extent as is permitted of school district governing boards by Section 45190 and Section 88190. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 45190 Education Code 88190 Education Code EC 1296 Permanent employees; ADA 250 or more (a) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for three complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983-84 fiscal year. (b) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for two complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. The county superintendent of schools shall notify the employee, on or before March 15 of the employee's second complete consecutive year of employment by the superintendent in a teaching position in schools or classes maintained by the superintendent requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position in those schools. In the event that the county superintendent does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year. Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees. This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter. (c) As used in this section, "teaching position" means any certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status. (Amended by Stats. 1985, Ch. 1115, Sec. 1.) Reference: Education Code 44841 (Repealed) Education Code 44842 Education Code 44882 (Repealed) Education Code 44948.3 Education Code 44948.5 Education Code EC 1297 Worker's compensation For the purpose of insurance under the workers' compensation laws of this state, any person employed by a county superintendent of schools to supervise instruction or to give instruction in the school districts or community college districts located in the territory under the jurisdiction of the county superintendent of schools shall be deemed an employee of the county. The cost of insuring any person employed to supervise instruction shall be paid by the county superintendent of schools from the county school service fund. The cost of insuring any person employed by the county superintendent of schools to give instruction shall be paid by the county superintendent of schools from the county school service fund. (Amended by Stats. 1990, Ch. 1372, Sec. 23.) Education Code EC 1298 Administrative advisor By agreement between the county board of education and county board of supervisors, in counties in which the provisions of Article 4 (commencing with Section 1310) have become operative and in which functions and duties have been transferred from the county board of supervisors to the county board of education in accordance with Sections 1043 and 1080, the county superintendent of schools may be authorized to employ an administrative adviser as part of the classified service. His or her compensation shall be as fixed by the county board of education, and shall be paid from that part of the single budget prepared by the county board of education for which a county tax is levied pursuant to Section 1623. His or her duties shall be the administrative duties established by the county board of education, and to counsel with and act as a coordinator between, the district attorney or county counsel, the county board of education, the county committee on school district organization, the personnel commission, the county superintendent of schools, school districts, and community college districts which request his or her services. The district attorney or county counsel shall continue to have and to discharge all of the authority and duties imposed upon him or her by law in the schools and education fields; however, the administrative adviser may be deputized by the district attorney or county counsel, in his or her discretion, if the adviser is admitted to practice law in this state. (Amended by Stats. 1990, Ch. 1372, Sec. 24.) Reference: Education Code 1043 Education Code 1080 Education Code 1310 Education Code 1623 Education Code EC 1299 Supervisor of health A supervisor of health employed by the county superintendent of schools shall perform such duties in connection with the supervision of the health of pupils as are prescribed by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1300 Consultancy contracts; retired certificated employees (a) A county superintendent of schools may award consultancy contracts to retired certificated employees of the county superintendent of schools or a school district or community college district of the county who were employed by the county superintendent of schools or a school district or community college district of the county for at least 10 years and who are at least 55 years of age. (b) A county superintendent of schools may enter into a contract with a retired certificated employee who has been employed by the county superintendent of schools or a school district or community college district of the county at least 10 years and who is at least 55 years of age whereby the retired employee is granted a consultancy contract with the county superintendent of schools, which contract is renewable on an annual basis for up to five years or until the retired employee reaches age 65, whichever comes first. (c) Persons hired by a consultancy contract as authorized by this section are considered employees and are subject to the earnings limitation provided in Section 23919. (Added by Stats. 1977, Ch. 355.) Reference: Education Code 23919 (Repealed. See Education Code 24214) Education Code EC 1301 Compensation for personal property damaged in line of duty The county superintendent of schools, in accordance with rules and regulations adopted by the county board of education, may provide for the payment of the costs of replacing or repairing property of an employee, such as eyeglasses, hearing aids, dentures, watches, articles of clothing necessarily worn or carried by the employee, or vehicles when any such property is damaged in the line of duty without fault of the employee or if such property is stolen from the employee by robbery or theft while the employee is in the line of duty. If the property is damaged beyond repair or stolen, the actual value of such property may be paid. The determination of the value of such property shall be equal to its value at the time of the damage, destruction, or theft. Limits may be established for the payment for such damaged or stolen property. In the event the employee is paid the costs of replacing or repairing such property, or the actual value of such property, the county superintendent of schools shall, to the extent of such payments, be subrogated to any right of the employee to recover compensation for such damaged or stolen property. The county superintendent of schools may file and prosecute an action to enforce its subrogation right in the small claims court if the amount of the claim is within that court's monetary jurisdiction or may enforce its subrogation right in any other court of competent jurisdiction. (Added by Stats. 1978, Ch. 838.) Education Code EC 1302 Salary or bonus (a) The county superintendent of schools shall not increase by ten thousand dollars ($10,000) or more the salary or bonus of any employee of the county office of education unless the matter is brought to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the county board of education. (b) The county superintendent of schools shall not increase the retirement benefits of any employee of the county office of education unless the matter is brought to the attention of the county board of education for its discussion at a regularly scheduled public meeting of the county board of education and the county board of education approves the increase. (Added by Stats. 1999, Ch. 838, Sec. 5.) Education Code EC 1310 Article 4. Classified County School Employees The provisions of this article shall become operative in any county upon adoption of a resolution by the county board of supervisors to make it operative. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1311 Employment of classified employees Each person employed by a county superintendent of schools in a position not requiring certification qualifications and whose salary is paid from the county school service fund shall be employed in accordance with the provisions of Chapter 1 (commencing with Section 44000) and Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, and Chapter 1 (commencing with Section 87000) and Chapter 4 (commencing with Section 88000) of Part 51 of Division 7 of Title 3. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 44000 Education Code 45100 Education Code 87000 Education Code 88000 Education Code EC 1312 Transferred employees no longer employees of the county County employees assigned to the office of the county superintendent of schools shall cease to be employees of the county upon the establishment of a separate budget for the office of the county superintendent of schools, and shall thereafter be paid from the county school service fund. Other county employees assigned to functions transferred to the county board of education pursuant to Article 3 (commencing with Section 1080) of Chapter 1 of this part shall cease to be employees of the county upon the effective date of such transfer, and shall thereafter be paid from the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) Reference: Education Code 1080 Education Code EC 1313 Retirement systems Each county employee whose status is changed by this article, and who is in employment and a member of a county retirement system other than one provided by contract with the State Employees' Retirement System on the date of such change, shall become eligible for membership in the State Employees' Retirement System in accordance with the State Employees' Retirement Law with respect to his employment thereafter, and shall be subject to the reciprocal benefits provided by said systems; provided, that such employee may elect to continue in membership of such county retirement system with respect to such employment thereafter, in which event the same appropriations and transfers of funds shall be made to the retirement fund of the county system for such employee as those required of the county under the county retirement law, and such amounts shall be legal charges against the county school service fund. The election authorized by this section shall be made no later than the date preceding the date upon which his status is changed in accordance with procedures to be established by the board of supervisors, which shall allow at least 30 days to make the election. The election once made may not be rescinded. An employee who does not elect to continue membership in the county system shall be deemed to have discontinued county employment for purposes of the county system at the close of the day preceding the date upon which his status changes. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1314 Sick and vacation leave County employees whose status is changed by this article shall retain all accumulated and unused sick leave, vacation, compensatory overtime and other benefits which can reasonably be construed to have been an earned right at the time of transfer from county service to the county school service fund. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1315 Benefits The county board of education may grant to employees whose salaries are paid from the county school service fund any employee benefit which the board of supervisors provides for county employees. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1316 Salary No employee transferred from the county service to a position, the salary for which is paid from the county school service fund, shall suffer any loss of salary at the time of transfer or as to the future as relates to his status on the salary scale of the county in effect at the time of the transfer. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1317 Merit system (a) The county board of education shall adopt the merit system as provided in Article 6 (commencing with Section 45240) of Chapter 5 of Part 25 of Division 3 of Title 2, and Article 3 (commencing with Section 88060) of Chapter 4 of Part 51 of Division 7 of Title 3, if the county has a merit (civil service) system in effect at the time of the adoption of this article as provided in Section 1310. (b) Notwithstanding Article 6 (commencing with Section 45240) of Chapter 5 of Part 25, any personnel commission in a county of the third class, as described in Section 2562, may, after a public hearing, and after consultation with all affected employee organizations, adopt a regulation providing for the appointment of one or more alternate members of the personnel commission. The appointment of any alternate member shall be with the concurrence of all affected employee organizations. Thereafter, an alternate may serve only in the absence of a regular commission member. (c) This section shall not apply to a county board of education which has been transferred specific duties and functions of the county board of supervisors pursuant to Section 1080 on or after June 1, 1977. (Amended by Stats. 1999, Ch. 646, Sec. 1.) Education Code EC 1318 Holidays The county board of education or county superintendent of schools may declare a holiday in the schools or offices operated by the county superintendent of schools whenever good reason exists. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1319 Guards at pedestrian crossings The county superintendent of schools may employ, in accordance with the provisions of Chapter 5 (commencing with Section 45100) of Part 25 of Division 3 of Title 2, such personnel as may be necessary to act as guards at pedestrian crossings to ensure the safety of schoolchildren who use such intersections. (Added by Stats. 1978, Ch. 295.) Reference: Education Code 45100 Education Code EC 1330 Article 5. Unemployment Insurance (a) The Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate, shall represent, and exercise rights of appeal to the Unemployment Insurance Appeals Board under this part on behalf of school employers held under Section 1336 of the Unemployment Insurance Code. (b) The Superintendent of Public Instruction or Board of Governors of the California Community Colleges is hereby authorized to obtain pertinent personnel records and data from any school employer and to act as an agent individually or collectively for school employers in matters pertaining to unemployment insurance. (c) Each county superintendent of schools shall have the responsibility of establishing, coordinating, and maintaining, either directly or by contract, an unemployment insurance management system for each school employer participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code. A management system shall include general administration, claims management, appointment of hearing representatives, representation of school employers at hearings, and other duties related to the unemployment insurance program in their jurisdiction. These duties and responsibilities may be delegated to any school district, community college district, another county superintendent of schools, or any combination of these entities, including programs under joint powers agreements for the purpose of consolidation for economy and employment of specialists, including the services of a regional data center operated by a county superintendent of schools or the data-processing services of a school district or a community college district. School employers not participating in the School Employees Fund shall be responsible for the development and maintenance of their own unemployment insurance management system required by this subdivision. (d) Each school employer shall perform pursuant to the type of financing elected, and shall, as required, respond to the Superintendent of Public Instruction or Board of Governors of the California Community Colleges and the county superintendent of schools or designated agency as soon as possible, in no case later than 48 hours, to inquiries made on behalf of the county superintendent or the Superintendent of Public Instruction or Board of Governors of the California Community Colleges in reference to any aspect of eligibility, notice of claim or appeal under the unemployment insurance program. Each county superintendent or agent thereof who is responsible for administering the unemployment insurance program shall be responsible for timely responses to any inquiry by the administrator, Superintendent of Public Instruction, State Treasurer, Controller, or other officer or person responsible for disbursements from the School Employees Fund in the State Treasury as established by Section 822 of the Unemployment Insurance Code, or the Unemployment Fund in the State Treasury. Any school employer which fails to pay the contributions, interest, charges or levies within the time required shall be liable for interest on moneys due at the rate of 1 percent per month or fraction thereof from and after the date of delinquency until paid. If the school employer fails, without good cause, to pay any sums required within the time required, a penalty of 10 percent of the amount noticed, billed or required shall be made by the administrator. The administrator may for good cause waive all or a portion of interest and penalty. (e) The administrator of the School Employees Fund shall, from available interest earnings, pursuant to investments authorized by Section 822 of the Unemployment Insurance Code, transfer each year an amount equal to two dollars ($2) per covered employee for all districts participating in the School Employees Fund under Article 6 (commencing with Section 821) of Chapter 3 of Part 1 of Division 1 of the Unemployment Insurance Code, to the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate. The Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, as appropriate, shall apportion the two dollars ($2) per covered employee amount, less actual state administrative costs not to exceed five cents ($0.05) per covered employee, to the county superintendent of schools to cover costs of administering the unemployment insurance management system specified in subdivision (c). (f) For the fiscal year 1978-79, and each fiscal year thereafter, the administrator of the School Employees Fund shall transfer the funds by December 31 of each year based on the reports received from the Superintendent of Public Instruction or Board of Governors of the California Community Colleges by November 30 of each year. The reports shall be compiled from the number of covered employees as reported by the county superintendent of schools or community colleges, as appropriate, to the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges by November 1 of each year, based on the covered employees employed in the preceding calendar month. The funds shall be apportioned by the Superintendent of Public Instruction and the Board of Governors of the California Community Colleges prior to January 31 of each year to the county superintendent of schools, less the actual administrative costs of the Superintendent of Public Instruction or the Board of Governors of the California Community Colleges, which shall not exceed an aggregate amount of five cents ($0.05) per covered employee. Funds for the cost of administering the unemployment insurance management system shall be apportioned to each county superintendent of schools according to the number of covered employees in each district reported by him or her, and shall be used only for the purpose of covering actual administrative costs incurred pursuant to Section 1330. (Amended by Stats. 1990, Ch. 1372, Sec. 25.) Reference: Education Code 1330 Education Code EC 1340 Article 6. Tax-Sheltered Annuities Notwithstanding any other provision of law to the contrary, the following procedure may be utilized for payroll-related payments as limited in this section. The county superintendent of schools may designate one or more national or state banks, savings and loan associations, or federal or state credit unions with the principal office in this state, if the deposits are insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the National Credit Union Share Insurance Fund, or other private insurance or guaranty of share accounts that is acceptable to the Commissioner of Financial Institutions, to act as disbursing agents for the county superintendent of schools and for school districts and community colleges in the territory under his or her jurisdiction. The county superintendent of schools may draw orders and requisitions upon the funds of the respective public employers, in favor of the designated institutions, for tax-sheltered annuities, custodial accounts, individual retirement accounts, credit union deductions, insurance plan payments, deferred compensation, withholding taxes, professional dues, and other payroll-related deductions or employer contributions. The county auditor shall follow the procedure with respect to examining and allowing the orders and requisitions set forth in Sections 42639 and 85239. The county superintendent of schools, upon receiving allowed warrants from the county auditor, shall deposit the warrants in the designated institutions. As soon as feasible following deposit, the county superintendent of schools shall furnish the designated institutions with information required to enable disbursement of payments to insurance companies, credit unions, and other recipients, including identification of the employees for whom the payments are to be made, the amount of payment on behalf of each designated employee, and the company to which the payment on behalf of each designated employee is to be made. It shall be the duty of each designated institution to disburse the payments to the recipients entitled thereto by check, bank draft, or other appropriate method, within a reasonable time after receipt of each payment, with necessary information for disbursements, which time period shall not exceed 5 working days. Designated institutions receiving deposits and making disbursements, and the county superintendent of schools, shall be deemed to be agents of the respective public employers, for payment of annuities on behalf of their respective employees, and for other payments as specified, and the moneys received by the designated institutions shall be deemed to be deposits of the county superintendents of schools. Security for the deposits shall be furnished as required by the laws of this state. The county superintendent of schools may directly prepare the information and necessary checks, bank drafts, or other appropriate instruments, on the account or accounts within the designated institutions, providing that payment to recipients entitled thereto with required information is made within the timeframe specified. (Amended by Stats. 2001, Ch. 430, Sec. 1.) Reference: Education Code 42639 Education Code 85239 Education Code EC 1350 Article 7. Retiree Benefit Funds A county superintendent of schools may establish a retiree benefit fund to accumulate restricted moneys from salary reduction agreements, other contributions for employee retirement benefit payments, or both. Moneys may be transferred to the fund from other funds by periodic expense charges, in amounts based on existing and future obligation requirements. Payments from the retiree benefit fund for insurance, annuities, administrative costs, or any other authorized purpose shall be made in accordance with all warrant approval requirements applicable under this code. (Added by Stats. 1987, Ch. 586, Sec. 1.) Education Code EC 1400 Chapter 3. County Boards of Supervisors Except as provided in Sections 4040 to 4045, inclusive, all actions required by this code to be taken by the board of supervisors of the county in which a school district is located, shall, in the case of any joint school district, be taken by the concurrent action of the boards of supervisors of each county in which any part of the joint district is located. (Amended by Stats. 1990, Ch. 1372, Sec. 27. Effective January 1, 1992.) Reference: Education Code 4040-4045 (Repealed) Education Code EC 1500 Chapter 4. Expenses. Article 1. Expenses Payable from County School Service Fund All expenses shall be paid out of the County School Service Fund necessary for the county board of education and the county superintendent of schools to perform the duties and render the services required by and comply with Sections 1042, 1250, 1252, 1270, 1297, 1299, 1330, 1601, 1602, 1702, 41020, 41360, 42621, 42622, 45035, 45056, 60601, 60602, 60605, 84040, 85221, 85222, 87809, Chapter 7.2 (commencing with Section 56836) of Part 30, and Part 1 (commencing with Section 100) of Division 1 of the Unemployment Insurance Code. This section shall not be construed to prohibit support from the county general fund from being provided for duties and services performed pursuant to the sections and part enumerated above. (Amended by Stats. 1998, Ch. 89, Sec. 1.) Reference: Education Code 1042 Education Code 1250 Education Code 1252 Education Code 1270 Education Code 1297 Education Code 1299 Education Code 1330 Education Code 1601 Education Code 1602 Education Code 1702 Education Code 41020 Education Code 41360 Education Code 42621 Education Code 42622 Education Code 45035 Education Code 45056 Education Code 56836 Education Code 60601 Education Code 60602 Education Code 60605 Education Code 84040 Education Code 85221 Education Code 85222 Education Code 87809 Education Code EC 1510 Expenses payable from general fund Except as provided in Section 1500, all expenses necessary for the county board of education, the county committee on school district organization, and the county superintendent of schools to comply with the following provisions are payable from the county general fund: 1090, 1091, 1092, 1093, 1094, 1095, 1096, 1200, 1201, 1202, 1203, 1240, 1243, 1244, 1245, 1290, 1298, 2600, 5425, 5426, 10020, 16061, 16166, 22800.5, 23000, 23002, 23003, 23004, 23005, 23006, 23008, 35102, 40000, 42124, 42636, 42638, 42643, 42662, 42670, 42671, 42672, 42673, 42674, 42675, 42676, 42677, 42678, 42690, 42691, 42692, 42693, 42694, 42800, 44323, 44422, 44427, 44428, 44429, 44430, 44433, 44434, 44435, 44436, 44437, 44816, 44843, 44857, 45034, 45056, 45057, 48263, 49406, 52550, 52551, 85236, 85238, 85243, 85272, 85280, 85281, 85282, 85283, 85284, 85285, 85286, 85287, 85288, 85300, 85301, 85302, 85303, and 85304. This section shall not be construed to prohibit support from the county general fund from being provided for duties and services performed pursuant to sections enumerated above for those counties operating under the provisions of Section 1080. (Amended by Stats. 1995, Ch. 758, Sec. 10.) Reference: Education Code 1080 Education Code 1090 Education Code 1091 Education Code 1092 Education Code 1093 Education Code 1094 Education Code 1095 Education Code 1096 Education Code 1200 Education Code 1201 Education Code 1202 Education Code 1203 Education Code 1240 Education Code 1243 Education Code 1244 Education Code 1245 Education Code 1290 Education Code 1298 Education Code 1500 Education Code 2600 Education Code 5425 Education Code 5426 Education Code 10020 Education Code 16061 Education Code 16166 Education Code 22800.5 (Repealed. See Education Code 22900) Education Code 23000 Education Code 23002 Education Code 23003 Education Code 23004 Education Code 23005 Education Code 23006 Education Code 23008 Education Code 35102 Education Code 40000 (Repealed. See Education Code 38110) Education Code 42124 Education Code 42636 Education Code 42638 Education Code 42643 Education Code 42662 Education Code 42670 Education Code 42671 Education Code 42672 Education Code 42673 Education Code 42674 Education Code 42675 Education Code 42676 Education Code 42677 Education Code 42678 Education Code 42690 Education Code 42691 Education Code 42692 Education Code 42693 Education Code 42694 Education Code 42800 Education Code 44323 Education Code 44422 Education Code 44427 Education Code 44428 Education Code 44429 Education Code 44430 Education Code 44433 Education Code 44434 Education Code 44435 Education Code 44436 Education Code 44437 Education Code 44816 Education Code 44843 Education Code 44857 Education Code 45034 Education Code 45056 Education Code 45057 Education Code 48263 Education Code 49406 Education Code 52550 Education Code 52551 Education Code 85236 Education Code 85238 Education Code 85243 Education Code 85272 Education Code 85280 Education Code 85281 Education Code 85282 Education Code 85283 Education Code 85284 Education Code 85285 Education Code 85286 Education Code 85287 Education Code 85288 Education Code 85300 Education Code 85301 Education Code 85302 Education Code 85303 Education Code 85304 Education Code EC 1600 Chapter 5. County School Service Fund, Article 1. County School Service Fund There is hereby established in the treasury of each county the "county school service fund." (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1601 County school service fund Wherever any of the terms "unapportioned county elementary school fund," "county elementary school supervision fund," "unapportioned county high school fund," and "county school service fund" are used in this code or in any other law, such term shall be deemed to refer to and mean the "county school service fund." (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1602 County school service fund The county school service fund shall be utilized by the county superintendent of schools to pay the charges against the fund as are provided in this code; and to provide, with the approval of the county board of education, all of the following: (a) Additional apportionments to any school district or community college district in the territory under his or her jurisdiction for current expenses that (1) has levied the maximum district tax and in which the annual average current cost per pupil does not exceed the annual average current cost per pupil for all districts of the same type within the county or under the jurisdiction of the county superintendent of schools, or (2) needs additional apportionments for current expenses because of temporary emergency conditions. (b) Additional apportionments to any school district or community college district in the territory under his or her jurisdiction for the transportation of pupils to and from school to meet temporary emergency conditions. (Amended by Stats. 1990, Ch. 1372, Sec. 30.) Education Code EC 1604 County school service fund No moneys shall be expended from the county school service fund for any purpose in excess of the latest proposed expenditures for such purpose as approved by the Superintendent of Public Instruction under Section 14050, without the approval of the Superintendent of Public Instruction. It shall be the duty of the county auditor to approve warrants drawn on the county school service fund for expenses approved in the county school service fund budget; provided, however, in a county in which the board of supervisors has transferred educational functions to the county board of education pursuant to Section 1080, and a single budget has been authorized for the purposes of the county school service fund, county board of education, county committee on school district organization, and the office of the county superintendent of schools pursuant to Sections 1620 to 1625, inclusive, and the board of supervisors has made the provisions of Sections 42649 and 85265.5 applicable in the county, orders for warrants and warrants shall be signed by the county superintendent of schools and paid by the county treasurer without the approval of the county auditor. A listing of all warrants issued by the county superintendent of schools, where the approval of the county auditor is not required, shall be forwarded to the county auditor on the same day they are issued. The form of the warrant and the form and content of the warrant listing shall be as approved by the county auditor. The county auditor shall not be liable upon his bond or otherwise for any warrant issued where his approval is not required. (Amended by Stats. 1979, Ch. 797.) Reference: Education Code 1080 Education Code 1620-1625 Education Code 14050 Education Code 42649 (Repealed. See Education Code 42649.5) Education Code 85265.5 Education Code EC 1605 Property title The title to all property purchased by the county superintendent of schools from the county school service fund is in the offices of the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.) Education Code EC 1606 Apportionments; county school service fund The money credited to the county school service fund of a county pursuant to Section 16417 of the Government Code may be apportioned by the county superintendent of schools, with the approval of the county board of education, to school districts within which there is land which has been acquired by the United States. (Amended by Stats. 1990, Ch. 1372, Sec. 31. Effective January 1, 1992.) Reference: Government Code 16417 Education Code EC 1620 Article 2. County Office of Education Budget Approval On or before July 1 of each fiscal year, the county board of education shall hold a public hearing on the proposed county school service fund budget for that fiscal year (the "budget year"). The public hearing shall be held prior to the adoption of the budget by the county board of education, and shall occur not less than three days following the availability of the proposed budget for public inspection. The agenda for that hearing shall be posted at least 72 hours prior to the hearing and shall include the location of where the budget will be available for inspection. At the hearing, any taxpayer directly affected by the county school service fund budget may appear before the county board of education and speak on the proposed budget or any item therein. (Amended by Stats. 1992, Ch. 323, Sec. 1.) Education Code EC 1621 Budget (a) The single-fund budget shall be prepared in the form prescribed and furnished by the Superintendent of Public Instruction and shall be the county school service fund budget. The budget shall show a complete plan and itemized statement of all proposed expenditures in each fund of the county office of education of estimated cash balances, and of all estimated revenues for the budget year, and shall include an estimate of those figures, unaudited, for the fiscal year immediately preceding the budget year. (b) The budget may contain an amount to be known as the general reserve, in such sum as the