SECTIONS 17595-17606 - California Statutes

EDUCATION CODE

SECTION 17595-17606

17595. Nothing in this code shall preclude the governing board of
any school district from purchasing materials, equipment, or supplies
through the Department of General Services pursuant to subdivision
(b) of Section 10299 of the Public Contract Code.

17596. Continuing contracts for work to be done, services to be
performed, or for apparatus or equipment to be furnished, sold,
built, installed, or repaired for the district, or for materials or
supplies to be furnished or sold to the district may be made with an
accepted vendor as follows: for work or services, or for apparatus or
equipment, not to exceed five years; for materials or supplies, not
to exceed three years.

17597. In addition to utilizing the procedures specified in Article
14 (commencing with Section 17545) of Chapter 4, any school district
or any county board of education may, by direct sale or otherwise,
sell to a purchaser any electronic data processing equipment, other
major items of equipment, or any relocatable building owned by, or to
be owned by, the school district or county board, if the purchaser
agrees to lease the equipment or building back to the school district
or county for use by the school district or county following the
sale.
The approval by the governing board of the school district or of
the county superintendent of schools of the sale and leaseback shall
be given only if the governing board of the school district or the
county superintendent of schools finds, by resolution, that the
equipment is data processing equipment, another major item of
equipment, or a relocatable building within the meaning of this
section and that the sale and leaseback is the most economical means
for providing the electronic data processing equipment, other major
items of equipment, or relocatable building to the school district or
county. For purposes of determining the area of existing adequate
school construction under the Leroy F. Greene State School Building
Lease-Purchase Law of 1976, any portable relocatable classroom
acquired under this section and used for classroom purposes shall be
considered owned by the district.

17598. The governing board of a school district may contract for
electromechanical or electronic data processing work.

17599. Nothing contained in this article shall be construed to
limit the authority of any school district to contract for
electromechanical or electronic data processing work to be done or
related services to be performed with any other public agency
pursuant to the provisions of Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or
Section 11000 or 11001 of this code.

17600. The governing board of any district defined hereafter, in
addition to any other authority granted by law, may employ as
classified employees, in accordance with rules and regulations
established by the personnel commission, any certificated employees
of the district or districts during vacation periods, or on any other
day or days when the certificated employee is not required to
perform services for the district, to repair or build apparatus or
equipment related to their duties as certificated employees even
though the total cost of labor exceeds one thousand dollars ($1,000).
This section applies only when the average daily attendance of any
school district, or of two or more school districts governed by
governing boards of identical personnel, is 400,000 or more, as shown
by the annual report of the county superintendent of schools for the
preceding school year.

17601. Notwithstanding any limitations imposed by this article
specifically with respect to electromechanical or electronic data
processing work to be done or related services to be performed, the
governing board of a school district, the boundaries of which are
coterminous with those of the City and County of San Francisco, may
contract for such work to be done or related services to be
performed, without regard to such limitations.

17602. The governing board of any school district may purchase from
the federal government or any agency thereof any surplus property,
as defined in the Surplus Property Act of 1944, in any amount needed
for the operation of the schools of the district without taking
estimates or advertising for bids.

17603. The governing board of any school district shall determine
the method of payment for construction contracts, including progress
payments for completed portions of the work or for materials
delivered on the ground or stored subject to the control of the board
and unused.

17604. Wherever in this code the power to contract is invested in
the governing board of the school district or any member thereof, the
power may by a majority vote of the board be delegated to its
district superintendent, or to any persons that he or she may
designate, or if there be no district superintendent then to any
other officer or employee of the district that the board may
designate. The delegation of power may be limited as to time, money
or subject matter or may be a blanket authorization in advance of its
exercise, all as the governing board may direct. However, no
contract made pursuant to the delegation and authorization shall be
valid or constitute an enforceable obligation against the district
unless and until the same shall have been approved or ratified by the
governing board, the approval or ratification to be evidenced by a
motion of the board duly passed and adopted. In the event of
malfeasance in office, the school district official invested by the
governing board with the power of contract shall be personally liable
to the school district employing him or her for any and all moneys
of the district paid out as a result of the malfeasance.

17605. The governing board by majority vote may adopt a rule,
delegating to any officer or employee of the district as the board
may designate, the authority to purchase supplies, materials,
apparatus, equipment, and services. No rule shall authorize any
officer or employee to make any purchases involving an expenditure by
the district in excess of the amount specified by Section 20111 of
the Public Contract Code. The rule shall prescribe the limits of the
delegation as to time, money, and subject matter. All transactions
entered into by the officer or employee shall be reviewed by the
governing board every 60 days.
In the event of malfeasance in office, the school district officer
or employee invested by the governing board with the power to
contract shall be personally liable for any and all moneys of the
district paid out as a result of the malfeasance.

17606. The governing board of any school district with an average
daily attendance of not less than 60,000 may by majority vote
authorize its district superintendent, or such person as he or she
may designate, to expend up to one hundred dollars ($100) per
transaction for work done, compensation for employees or consultants,
and purchases of equipment, supplies, or materials. Ratification by
the governing board shall not be required with respect to
transactions entered into pursuant to this section. In the event of
malfeasance in office, the school district official invested by the
governing board with authority to act under this section shall be
personally liable for any and all moneys of the district paid out as
a result of the malfeasance.