SECTIONS 1240-1281 - California Statutes

EDUCATION CODE

SECTION 1240-1281

1240. The county superintendent of schools shall do all of the
following:
(a) Superintend the schools of his or her county.
(b) Maintain responsibility for the fiscal oversight of each
school district in his or her county pursuant to the authority
granted by this code.
(c) (1) 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 annually may 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.
(2) (A) For fiscal years 2004-05 to 2006-07, inclusive, to the
extent that funds are appropriated for purposes of this paragraph,
the county superintendent, or his or her designee, annually shall
submit a report, at a regularly scheduled November board meeting, to
the governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2003 base Academic Performance
Index (API), as defined in subdivision (b) of Section 17592.70, and
shall include, among other things, his or her observations while
visiting the schools and his or her determinations for each school
regarding the status of all of the circumstances listed in
subparagraph (J) and teacher misassignments and teacher vacancies. As
a condition for receipt of funds, the county superintendent, or his
or her designee, shall use a standardized template to report the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies, unless the current annual report being used by
the county superintendent, or his or her designee, already includes
those details for each school.
(B) Commencing with the 2007-08 fiscal year, to the extent that
funds are appropriated for purposes of this paragraph, the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county describing the state
of the schools in the county or of his or her office that are ranked
in deciles 1 to 3, inclusive, of the 2006 base API, pursuant to
Section 52056. As a condition for the receipt of funds, the annual
report shall include the determinations for each school made by the
county superintendent, or his or her designee, regarding the status
of all of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision. For
purposes of this section, schools ranked in deciles 1 to 3,
inclusive, on the 2006 base API shall include schools determined by
the department to meet either of the following:
(i) The school meets all of the following criteria:
(I) Does not have a valid base API score for 2006.
(II) Is operating in fiscal year 2007-08 and was operating in
fiscal year 2006-07 during the Standardized Testing and Reporting
(STAR) Program testing period.
(III) Has a valid base API score for 2005 that was ranked in
deciles 1 to 3, inclusive, in that year.
(ii) The school has an estimated base API score for 2006 that
would be in deciles 1 to 3, inclusive.
(C) The department shall estimate an API score for any school
meeting the criteria of subclauses (I) and (II) of clause (i) of
subparagraph (B) and not meeting the criteria of subclause (III) of
clause (i) of subparagraph (B), using available test scores and
weighting or corrective factors it deems appropriate. The department
shall post the API scores on its Internet Web site on or before May
1.
(D) For purposes of this section, references to schools ranked in
deciles 1 to 3, inclusive, on the 2006 base API shall exclude schools
operated by county offices of education pursuant to Section 56140,
as determined by the department.
(E) In addition to the requirements above, the county
superintendent, or his or her designee, annually shall verify both of
the following:
(i) That pupils who have not passed the high school exit
examination by the end of grade 12 are informed that they are
entitled to receive intensive instruction and services for up to two
consecutive academic years after completion of grade 12 or until the
pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
(ii) That pupils who have elected to receive intensive instruction
and services, pursuant to paragraphs (4) and (5) of subdivision (d)
of Section 37254, are being served.
(F) (i) Commencing with the 2010-11 fiscal year and every third
year thereafter, the Superintendent shall identify a list of schools
ranked in deciles 1 to 3, inclusive, of the API for which the county
superintendent, or his or her designee, annually shall submit a
report, at a regularly scheduled November board meeting, to the
governing board of each school district under his or her
jurisdiction, the county board of education of his or her county, and
the board of supervisors of his or her county that describes the
state of the schools in the county or of his or her office that are
ranked in deciles 1 to 3, inclusive, of the base API as defined in
clause (ii).
(ii) For the 2010-11 fiscal year, the list of schools ranked in
deciles 1 to 3, inclusive, of the base API shall be updated using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the 2009 base
API and thereafter shall be updated every third year using the
criteria set forth in clauses (i) and (ii) of subparagraph (B),
subparagraph (C), and subparagraph (D), as applied to the base API of
the year preceding the third year consistent with clause (i).
(iii) As a condition for the receipt of funds, the annual report
shall include the determinations for each school made by the county
superintendent, or his or her designee, regarding the status of all
of the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, and the county superintendent,
or his or her designee, shall use a standardized template to report
the circumstances listed in subparagraph (J) and teacher
misassignments and teacher vacancies, unless the current annual
report being used by the county superintendent, or his or her
designee, already includes those details with the same level of
specificity that is otherwise required by this subdivision.
(G) The county superintendent of the Counties of Alpine, Amador,
Del Norte, Mariposa, Plumas, and Sierra, and the City and County of
San Francisco shall contract with another county office of education
or an independent auditor to conduct the required visits and make all
reports required by this paragraph.
(H) On a quarterly basis, the county superintendent, or his or her
designee, shall report the results of the visits and reviews
conducted that quarter to the governing board of the school district
at a regularly scheduled meeting held in accordance with public
notification requirements. The results of the visits and reviews
shall include the determinations of the county superintendent, or his
or her designee, for each school regarding the status of all of the
circumstances listed in subparagraph (J) and teacher misassignments
and teacher vacancies. If the county superintendent, or his or her
designee, conducts no visits or reviews in a quarter, the quarterly
report shall report that fact.
(I) The visits made pursuant to this paragraph shall be conducted
at least annually and shall meet the following criteria:
(i) Minimize disruption to the operation of the school.
(ii) Be performed by individuals who meet the requirements of
Section 45125.1.
(iii) Consist of not less than 25 percent unannounced visits in
each county. During unannounced visits in each county, the county
superintendent shall not demand access to documents or specific
school personnel. Unannounced visits shall only be used to observe
the condition of school repair and maintenance, and the sufficiency
of instructional materials, as defined by Section 60119.
(J) The priority objective of the visits made pursuant to this
paragraph shall be to determine the status of all of the following
circumstances:
(i) Sufficient textbooks as defined in Section 60119 and as
specified in subdivision (i).
(ii) The condition of a facility that poses an emergency or urgent
threat to the health or safety of pupils or staff as defined in
district policy or paragraph (1) of subdivision (c) of Section
17592.72.
(iii) The accuracy of data reported on the school accountability
report card with respect to the availability of sufficient textbooks
and instructional materials, as defined by Section 60119, and the
safety, cleanliness, and adequacy of school facilities, including
good repair as required by Sections 17014, 17032.5, 17070.75, and
17089.
(iv) The extent to which pupils who have not passed the high
school exit examination by the end of grade 12 are informed that they
are entitled to receive intensive instruction and services for up to
two consecutive academic years after completion of grade 12 or until
the pupil has passed both parts of the high school exit examination,
whichever comes first, pursuant to paragraphs (4) and (5) of
subdivision (d) of Section 37254.
(v) The extent to which pupils who have elected to receive
intensive instruction and services, pursuant to paragraphs (4) and
(5) of subdivision (d) of Section 37254, are being served.
(K) The county superintendent may make the status determinations
described in subparagraph (J) during a single visit or multiple
visits. In determining whether to make a single visit or multiple
visits for this purpose, the county superintendent shall take into
consideration factors such as cost-effectiveness, disruption to the
schoolsite, deadlines, and the availability of qualified reviewers.
(L) If the county superintendent determines that the condition of
a facility poses an emergency or urgent threat to the health or
safety of pupils or staff as defined in district policy or paragraph
(1) of subdivision (c) of Section 17592.72, or is not in good repair,
as specified in subdivision (d) of Section 17002 and required by
Sections 17014, 17032.5, 17070.75, and 17089, the county
superintendent, among other things, may do any of the following:
(i) Return to the school to verify repairs.
(ii) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance if the district has not
provided evidence of successful repairs within 30 days of the visit
of the county superintendent or, for major projects, has not provided
evidence that the repairs will be conducted in a timely manner. The
report may be provided to the governing board of the school district.
If the report is provided to the school district, it shall be
presented at a regularly scheduled meeting held in accordance with
public notification requirements. The county superintendent shall
post the report on his or her Internet Web site. The report shall be
removed from the Internet Web site when the county superintendent
verifies the repairs have been completed.
(d) Distribute all laws, reports, circulars, instructions, and
blanks that he or she may receive for the use of the school officers.
(e) Annually, on or before August 15, present a report to the
governing board of the school district and the Superintendent
regarding the fiscal solvency of a school district with a disapproved
budget, qualified interim certification, or a negative interim
certification, or that is determined 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.
(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 an
applicant or his or her authorized agent.
(h) Enforce the course of study.
(i) (1) Enforce the use of state textbooks and instructional
materials and of high school textbooks and instructional materials
regularly adopted by the proper authority in accordance with Section
51050.
(2) For purposes of this subdivision, sufficient textbooks or
instructional materials has the same meaning as in subdivision (c) of
Section 60119.
(3) (A) Commencing with the 2005-06 school year, if a school is
ranked in any of deciles 1 to 3, inclusive, of the base API, as
specified in paragraph (2) of subdivision (c), and not currently
under review pursuant to a state or federal intervention program, the
county superintendent specifically shall review that school at least
annually as a priority school. A review conducted for purposes of
this paragraph shall be completed by the fourth week of the school
year. For the 2004-05 fiscal year only, the county superintendent
shall make a diligent effort to conduct a visit to each school
pursuant to this paragraph within 120 days of receipt of funds for
this purpose.
(B) In order to facilitate the review of instructional materials
before the fourth week of the school year, the county superintendent
in a county with 200 or more schools that are ranked in any of
deciles 1 to 3, inclusive, of the base API, as specified in paragraph
(2) of subdivision (c), may utilize a combination of visits and
written surveys of teachers for the purpose of determining
sufficiency of textbooks and instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined in subdivision (c) of Section 60119. If a county
superintendent elects to conduct written surveys of teachers, the
county superintendent shall visit the schools surveyed within the
same academic year to verify the accuracy of the information reported
on the surveys. If a county superintendent surveys teachers at a
school in which the county superintendent has found sufficient
textbooks and instructional materials for the previous two
consecutive years and determines that the school does not have
sufficient textbooks or instructional materials, the county
superintendent shall within 10 business days provide a copy of the
insufficiency report to the school district as set forth in paragraph
(4).
(C) For purposes of this paragraph, "written surveys" may include
paper and electronic or online surveys.
(4) If the county superintendent determines that a school does not
have sufficient textbooks or instructional materials in accordance
with subparagraph (A) of paragraph (1) of subdivision (a) of Section
60119 and as defined by subdivision (c) of Section 60119, the county
superintendent shall do all of the following:
(A) Prepare a report that specifically identifies and documents
the areas or instances of noncompliance.
(B) Provide within five business days of the review, a copy of the
report to the school district, as provided in subdivision (c), or,
if applicable, provide a copy of the report to the school district
within 10 business days pursuant to subparagraph (B) of paragraph
(3).
(C) Provide the school district with the opportunity to remedy the
deficiency. The county superintendent shall ensure remediation of
the deficiency no later than the second month of the school term.
(D) If the deficiency is not remedied as required pursuant to
subparagraph (C), the county superintendent shall request the
department to purchase the textbooks or instructional materials
necessary to comply with the sufficiency requirement of this
subdivision. If the department purchases textbooks or instructional
materials for the school district, the department shall issue a
public statement at the first regularly scheduled meeting of the
state board occurring immediately after the department receives the
request of the county superintendent and that meets the applicable
public notice requirements, indicating that the district
superintendent and the governing board of the school district failed
to provide pupils with sufficient textbooks or instructional
materials as required by this subdivision. Before purchasing the
textbooks or instructional materials, the department shall consult
with the district to determine which textbooks or instructional
materials to purchase. All purchases of textbooks or instructional
materials shall comply with Chapter 3.25 (commencing with Section
60420) of Part 33. The amount of funds necessary for the purchase of
the textbooks and materials is a loan to the school district
receiving the textbooks or instructional materials. Unless the school
district repays the amount owed based upon an agreed-upon repayment
schedule with the Superintendent, the Superintendent shall notify the
Controller and the Controller shall deduct an amount equal to the
total amount used to purchase the textbooks and materials from the
next principal apportionment of the district or from another
apportionment of state funds.
(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
department.
(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 no later than 45 days after
the close of the period being reported.
(B) As part of each report, the county 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, 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 a county
office of education that, based upon current projections, will not
meet its financial obligations for the remainder of the fiscal year
or for the subsequent fiscal year. A qualified certification shall be
assigned to a 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 a 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 may reclassify a
certification. If a county office of education receives a negative
certification, the Superintendent, 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 at the time the
certification is submitted to the county board of education. Copies
of each qualified or negative certification and 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,
and shall be based on standards and criteria for fiscal stability
adopted by the state board pursuant to Section 33127. The reports and
supporting data shall be made available by the county superintendent
to an interested party upon request.
(3) This subdivision does not preclude the submission of
additional budgetary or financial reports by the county
superintendent to the county board of education or to the
Superintendent.
(4) The county superintendent 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) If 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 a certificated person who
knowingly and willingly reports false fiscal expenditure data
relative to the conduct of an educational program. This requirement
applies only if, in the course of his or her normal duties, the
county superintendent discovers information that gives him or her
reasonable cause to believe that false fiscal expenditure data
relative to the conduct of an educational program has been reported.

1240.1. If a county superintendent of schools transmits to the
Controller and the Superintendent of Public Instruction a qualified
or negative certification as required by subdivision (l) of Section
1240, the department, 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.

1240.2. A county superintendent of schools who files a qualified or
negative certification for the second report required pursuant to
subdivision (l) 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.

1240.3. (a) For the purposes of Section 1240, for the 2008-09 to
2012-13 fiscal years, inclusive, sufficient textbooks or
instructional materials include standards-aligned textbooks or
instructional materials, or both, that were adopted prior to July 1,
2008, by the state board or local educational agency pursuant to
statute, unless those local educational agencies purchased or
arranged to purchase textbooks or instructional materials adopted by
the state board after that date. It is the intent of the Legislature
that each local educational agency provide each pupil with
standards-aligned textbooks or instructional materials from the same
adoption, consistent with Sections 60119 and 60422. This section does
not require a local educational agency to purchase all of the
instructional materials included in an adoption if the materials that
are purchased are made available to all the pupils for whom they are
intended in all of the schools within the local educational agency.
(b) Notwithstanding Section 1240 or any other law, for the 2008-09
to 2012-13 fiscal years, inclusive, a county superintendent of
schools, in making visits to schools as specified in Section 1240,
shall determine the status of sufficient textbooks as defined in
subdivision (a).
(c) This section shall become inoperative on July 1, 2013, and, as
of January 1, 2014, is repealed, unless a later enacted statute that
is enacted before January 1, 2014, deletes or extends the dates on
which it becomes inoperative and is repealed.

1241.5. (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.
(c) At any time during a fiscal year, the county superintendent
may review or audit the expenditures and internal controls of any
charter school 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 charter school at a
regularly scheduled meeting, and provide a copy of the information to
the chartering authority of the charter school, within 45 days of
completing the review, audit, or examination. The governing board of
the charter school shall, no later than 15 calendar days after
receipt of the report, notify the county superintendent and its
chartering authority of its proposed response to the recommendations.

1242. (a) Commencing with the 2006-07 fiscal year, funds
appropriated pursuant to Item 6110-266-0001 of Section 2.0 of Chapter
47 of the Statutes of 2006 to county offices of education for site
visits conducted pursuant to Section 1240, shall be allocated as
follows:
(1) Two thousand five hundred dollars ($2,500) for each elementary
school.
(2) Three thousand five hundred dollars ($3,500) for each middle
or junior high school.
(3) Five thousand dollars ($5,000) for each high school.
(b) In addition to the funds described in subdivision (a), county
offices of education shall receive additional funding for sites whose
enrollment in the prior year is 20 percent greater than the average
enrollment of all sites for the prior year as follows:
(1) Two dollars and fifty cents ($2.50) for each pupil that
exceeds a total elementary school enrollment of 856 pupils.
(2) Three dollars and fifty cents ($3.50) for each pupil that
exceeds a total middle school or junior high school enrollment of
1,427 pupils.
(3) Five dollars ($5.00) for each pupil that exceeds a total high
school enrollment of 2,296 pupils.
(c) County offices of education that are responsible for visiting
more than 150 schoolsites shall receive an additional allocation of
one dollar ($1.00) per pupil for the total prior year enrollment of
all sites visited.
(d) The minimum amount for allocation pursuant to this section to
county offices of education shall be ten thousand dollars ($10,000).

1242.5. On or before March 31, 2007, the department shall review
the actual costs of 2005-06 fiscal year site visits conducted
pursuant to Section 1240. If the department determines that a county
office of education did not expend the funds allocated for this
purpose during the 2005-06 fiscal year, the amount that exceeds the
amount spent shall revert to the extraordinary cost pool created by
Chapter 710 of the Statutes of 2005 and shall be available to cover
the extraordinary costs incurred by county offices of education as a
result of the reviews conducted pursuant to Section 1240. Based on a
determination by the department and the Department of Finance that it
was necessary for a county office of education to incur
extraordinary costs to conduct the site visits, funds in the amount
necessary to cover these costs shall be allocated to the county
office of education by June 30, 2007.

1243. 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.

1244. 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.

1245. 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.

1246. 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.

1249. (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.

1250. 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.

1251. 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.

1252. 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.

1253. (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.

1253.5. (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 elections official 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 that, as of the
1979-80 school year, maintained an enrollment of between 12,000 and
15,000 pupils.

1254. 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.

1256. 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.

1258. 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 elections official 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 elections official 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.

1259. 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.

1260. 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.

1262. 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.

1263. 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.

1266. Whenever the county superintendent of schools of any county
provides for the maintenance and repair of the property of any school
districts under his or her jurisdiction that elect to take advantage
of the provisions of Sections 1267 to 1270, inclusive, he or she
shall, upon the request of the governing board of that 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 1267 to 1270, inclusive.

1267. 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.

1268. 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.

1269. 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.

1270. 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 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, 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.

1270.1. 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.

1271. 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.

1273. 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.

1274. The county superintendent of schools may establish a fund or
funds for losses, and payments, including, but not limited to,
property of the county superintendent of schools, 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 county
superintendent of schools, as will create an amount which, together
with investments made from the fund or funds, will be sufficient in
the judgment of the county superintendent of schools to protect the
county superintendent of schools 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 county superintendent
of schools 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.
The fund or funds shall be considered as separate and apart from
all other funds of the county superintendent of schools, and the
balance therein shall not be considered as being part of the working
cash of the county superintendent of schools 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 county
superintendent of schools 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 county superintendent of
schools.
The cash placed in the fund or funds may be invested and
reinvested by the county treasurer, with the advice and consent of
the county superintendent of schools, 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 county superintendent of schools 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
county superintendent of schools, its officers or employees, within
those limits and for those amounts as the county superintendent of
schools 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 county superintendent of schools. Funds in the trust account
established by the county superintendent of schools 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 county superintendent of
schools. The contract may also provide that the contracting firm may
employ legal counsel, subject to those terms and limitations as the
county superintendent of schools 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 county superintendent of schools 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 county superintendent of
schools shall be an appropriate charge against the appropriate fund.
The contract provided for in this section may contain any other
terms and conditions the county superintendent of schools 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 county superintendent of schools may
authorize an employee or employees to perform any or all of the
services and functions which the county superintendent of schools 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 Section 81602.

1275. 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.

1276. 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.

1277. 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.

1278. The superintendent of schools of each county may conduct
teacher institutes on behalf of the school districts in the county.

1279. (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.

1280. 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.

1281. (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.