SECTIONS 1040-1047 - California Statutes

EDUCATION CODE

SECTION 1040-1047

1040. 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.

1041. 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.

1042. 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.

1043. 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.

1044. 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.

1045. 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.

1046. 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.

1047. 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.