Duties And Responsibilities - County Boards Of Education - CA Education

Section § 1040

County boards of education in California need to follow a few critical tasks. They must set up rules for their own operations, keep records of what they discuss and decide, and approve the annual budgets for the county superintendent of schools before these budgets are sent to higher authorities. They also need to review audit reports during public meetings to ensure financial transparency and accountability.

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.

county boards of education rules and regulations budget approval proceedings record financial audit public meeting county superintendent educational governance audit report review school service fund transparency accountability budget submission Superintendent of Public Instruction county board of supervisors

(Amended by Stats. 1985, Ch. 741, Sec. 2.)

Section § 1041

County boards of education can create and use an official seal to validate their actions, and they can arrange for any necessary 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.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 1042

County boards of education in California have several powers. They can set rules for the county superintendent's office and review the superintendent's budget before it's submitted to the auditor. They can also manage real estate for the superintendent's office if they have specific transferred duties. The boards can hire experts for specialized advice and, if needed, fill a vacancy for the county superintendent until the next election. Any decision about filling vacancies by appointment must be decided in a public meeting. These rules took effect on July 1, 2017.

County boards of education may do all of the following:

(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 revisions, reductions, or additions in the annual itemized estimate it deems advisable and proper. An annual itemized estimate shall not 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 (d) of Section 1080.

(d) Contract with and employ any persons for the furnishing to the county board of education 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 county board of education may pay from any available funds the compensation that it deems proper for the services rendered.

(e)

(1) 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 a county in which the superintendent is elected, the appointee shall hold office until the office is filled by election at the next gubernatorial election.

(2) 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).

(f) This section shall become operative on July 1, 2017.

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(Repealed (in Sec. 1) and added by Stats. 2012, Ch. 38, Sec. 2. (SB 1016) Effective June 27, 2012. Section operative July 1, 2017, by its own provisions.)

Section § 1043

This law states that if a county's board of supervisors agrees, certain tasks and responsibilities can be shifted from them to the county board of education. These tasks include handling petitions, reports, and other types of documents. Once the transfer is agreed upon, any mention of the county board of supervisors or their clerk in the related sections will be changed to refer to the county board of education and their secretary instead.

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.

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(Amended by Stats. 1990, Ch. 1372, Sec. 11.)

Section § 1044

A county board of education in California can obtain copyrights for any works it creates. Any money made from these copyrights will go towards benefiting the board itself.

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.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 1045

This law allows county boards of education to sell, give away, or exchange educational materials they’ve created with other individuals, agencies, or institutions. These transactions must follow the board's rules and are considered beneficial to the public. Additionally, boards can license copyrights they own to the same groups, prioritizing public agencies unless a private company already has an exclusive deal. The fees charged to public agencies for these licenses can't exceed the cost of producing the material. All these activities are meant to support educational purposes as outlined by the state constitution.

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.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 1046

If a county board of education in California decides it's necessary, they can build and run dormitories for people with disabilities who live in the county. They will also set the fees for these people, or their parents or guardians, to stay in the dorms.

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.

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(Enacted by Stats. 1976, Ch. 1010.)

Section § 1047

This law says that if a county board of education has taken over the responsibilities of the county board of supervisors, they are allowed to use eminent domain. This means they can legally claim private property if it's necessary or makes things easier to carry out their duties under this article.

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.

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(Amended by Stats. 1980, Ch. 143, Sec. 1. Effective May 30, 1980.)

Section § 1048

This law section states that if a local education authority in a county (like a county board of education or county superintendent of schools) leases out property and asks the renter to build or arrange the construction of a building for school use, they must follow specific rules that also apply to school district governing boards.

If a county board of education, county office of education, or county superintendent of schools enters into an agreement to let to any person, firm, or corporation any real property that belongs to the county office of education or a school district and requires the lessee to construct on the demised premises or provide for the construction of a building for use by the county office of education or a school district, the county board of education, county office of education, or county superintendent of schools shall comply with all requirements applicable to the governing board of a school district pursuant to Sections 17406, 17407, and 17407.5.

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(Added by Stats. 2017, Ch. 125, Sec. 1. (AB 591) Effective January 1, 2018.)