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HomeEducation CodeCh. 1Art. 2§ 1042 County Education Board Powers

§ 1042 County Education Board Powers

Education Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1042 County Education Board Powers

This law lets county boards of education make rules for the county superintendent, check and approve the superintendent’s budget, handle property for the superintendent’s office, hire experts, and fill any superintendent vacancy by appointment.

Key Takeaways

  • •The board can write rules for how the superintendent’s office runs.
  • •The board must review and approve the superintendent’s yearly budget before it’s filed.
  • •The board can buy, lease, or sell property for the superintendent’s office.
  • •The board may hire outside experts for finance, legal, or other special help.
  • •If the superintendent’s job becomes vacant, the board can appoint someone to fill it until the next election.

Example

The county superintendent prepares a budget for the next school year and sends it to the county board of education.

The board looks at the budget, makes changes if needed, and only then can the superintendent file it with the auditor. Without the board’s approval, the budget can’t be filed.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1042 County Education Board Powers

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. (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.)

Last verified: January 10, 2026

Key Terms

county boards of educationcounty superintendent of schoolsannual itemized estimatereal propertyspecial servicesvacancyappointment

Related Statutes

  • § 1048 County School Property Leases
  • § 1040 County Education Board Duties
  • § 21142 Property Conveyance For Institutions
  • § 33002 Governor Fills Senate-Confirmed Vacancies
  • § 41020.9 Local Education Audit Deadlines

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Education Code. Section 1042.
View Official Source