SECTIONS 38110-38120 - California Statutes

EDUCATION CODE

SECTION 38110-38120

38110. The county board of education shall on or before the first
day of February of each year establish rules and regulations under
which any school district in the county shall, except as provided in
Section 40002, purchase standard school supplies and equipment
through the county superintendent of schools, or when so directed by
him or her, through a county purchasing agent.
When the county superintendent of schools purchases standard
school supplies without directing their purchase through the county
purchasing agent or other county, city, or school district agent or
agency, he or she shall make such purchase from the lowest
responsible bidder who shall give such security as the county
superintendent of schools requires, or else reject all bids. For the
purpose of securing bids, the county superintendent of schools shall
publish at least once a week for two weeks in a newspaper of general
circulation published in the county, a notice calling for bids
stating where the list and specifications of standard school supplies
and equipment to be furnished may be obtained and the time when, and
the place where bids will be opened.
The county board of education shall list as standard school
supplies and equipment such supplies and equipment as can be
advantageously purchased in quantity. The list of standard school
supplies shall be accompanied by a table of specifications giving the
minimum grade, quality, substance, or other standard required for
the purchase of each item listed.
The cost of advertising for bids and the cost of preparation of a
table of specifications shall be paid from the county general fund.
The provisions of this section shall not apply to counties of the
first or second class containing no more than three districts with an
average daily attendance of less than 2,500.

38111. The governing board of each school district shall, except as
otherwise provided in this code, purchase school furniture,
including musical instruments, and apparatus, and such other articles
as are necessary for the use of schools, and may, in its discretion,
purchase uniforms and other regalia for the use of school bands,
orchestras and choirs, and including uniforms and equipment necessary
for the use of athletic teams. The provisions of Article 1 of
Chapter 4 of Division 5 of Title 1 of the Government Code shall not
apply to the purchase of musical instruments made pursuant to this
section. Any such articles purchased shall always remain the property
of the school district purchasing them. Only such books, apparatus,
uniforms, and equipment shall be purchased by the governing board of
an elementary school district, if the board is not a city board of
education, as have been adopted by the county board of education
having jurisdiction over the district.

38112. (a) Except as provided in subdivision (b), the governing
board of any school district may purchase any necessary school
supplies and equipment, including standard school supplies and
equipment listed by the county board of education, in the manner
provided in this chapter, or the governing board of any school
district may purchase such supplies and equipment directly from the
vendor. Such direct purchase may be as a single district or two or
more districts acting as a cooperative.
(b) An elementary school district having an average daily
attendance of less than 2,500 during the preceding fiscal year may
purchase standard school supplies and equipment directly from a
vendor only by means of a purchasing cooperative representing a total
average daily attendance in excess of 2,500 and then only if the
county superintendent of schools has on file a document certifying
the school district's membership in such a cooperative.

38113. The clerk of each district shall, under the direction of the
board of trustees, provide all school supplies authorized by this
chapter.

38114. The cost of maintaining schoolbuses may be paid out of any
funds of the district except funds derived from the sale of bonds and
funds required by law to be set aside for teachers' salaries.

38115. The superintendent of schools of each county may transfer at
the beginning of any school year from the funds of the school
districts of the county which elect to purchase equipment and
supplies in accordance with Section 38110, to the school supply
revolving fund, which fund is continued in existence, a sum not to
exceed 10 percent of the amount to be received during the school year
by each district from the State School Fund.

38116. If in any county a school supply revolving fund is not
established, payment for school supplies and equipment purchased
through the county superintendent of schools or through the county
purchasing agent shall be made by order of the governing board of the
school district purchasing them, in the same manner as other
payments are made from school district funds.

38117. The governing board of each school district throughout the
state shall provide for each schoolhouse under its control, a
suitable Flag of the United States, which shall be hoisted above each
schoolhouse during all school sessions and on school holidays,
weather permitting.
The governing board of each school district shall provide smaller
and suitable United States Flags to be displayed in each schoolroom
at all times during the school sessions.
The governing board of each school district shall enforce this
section.

38118. Writing and drawing paper, pens, inks, blackboards,
blackboard erasers, crayons, lead pencils, and other necessary
supplies for the use of the schools, shall be furnished under
direction of the governing boards of the school districts.

38119. The governing board of a school district may rent or lease
personal property needed for district purposes, including the renting
or leasing of caps and gowns for seniors who participate in high
school graduation ceremonies.

38120. The governing board of any school district may lend school
band instruments, music, uniforms, and other regalia to persons who
are or have been, during the prior school year, members of the school
band for use by them on excursions to foreign countries whether or
not such an excursion is sanctioned by the governing board.
The governing board may require the borrower to make a deposit or
take other measures to insure that the items borrowed will be
returned in usable condition.