1290-1302

EDUCATION CODE
SECTION 1290-1302




1290.  Except as otherwise provided by law, every county
superintendent may appoint a deputy.



1292.  The compensation of each deputy school superintendent of a
city and county shall be not less than the minimum received by any
high school principal in the city and county.



1293.  A county superintendent of schools may enter into contracts
of employment with persons employed by him in positions requiring
certification qualifications for periods of not to exceed the end of
the school year in which the term for which the county superintendent
of schools was elected or appointed expires and in no event, for
more than four years and six months.



1294.  Each person employed by a county superintendent of schools in
a position requiring certification qualifications, except employees
included in the civil service system or in any merit system, or any
person who holds an office by virtue of an election conducted under
the Elections Code or the Education Code, and whose salary is paid
from the county school service fund, has the same right with respect
to leaves of absence, sick leave, and bereavement leave as a person
employed by a school district or a community college district in a
position requiring certification qualifications.
   Sections 22724, 44845, 44922, 44949, 44955, 44962 to 44976,
inclusive, 44977, 44978, 44979, 44983, 44984, 44985, 44987, 87413,
87414, 87740, 87743, 87763 to 87779, inclusive, 87780, 87781, 87782,
87786, 87787, and 87788 apply to persons so employed by a county
superintendent of schools and so paid from the county school service
fund. Whenever, in those provisions, a duty or power is imposed upon
or granted to the governing board of a school district or community
college district or an employee thereof, the power or duty shall, for
the purposes of this section, be deemed to be granted to or imposed
on the county superintendent of schools or his or her employee,
respectively. When "district" is used in those provisions, it shall,
for the purposes of this section, be deemed to mean "county
superintendent of schools." Compensation paid to employees during
those leaves shall be paid from the county school service fund.
   The granting of leaves of absence to employees pursuant to Section
44966 or 87767 shall be by the county superintendent of schools,
upon approval by the county board of education.



1294.1.  (a) Notwithstanding any other provision of this code, a
county superintendent of schools may employ substitute or temporary
employees in a position requiring certification requirements to serve
for periods of less than one year to provide instructional and
related educational services in county community schools operated
pursuant to Chapter 6.5 (commencing with Section 1980) of Part 2 and
juvenile court schools operated pursuant to Article 2.5 (commencing
with Section 48645) of Chapter 4 of Part 27 if a temporary increase
in enrollment exists.
   (b) The number of employees hired under this section shall not
exceed the number necessary to accommodate the temporary increase in
enrollment and shall not increase established class size or
pupil-to-teacher ratios, or both.
   (c) If a substitute or temporary employee serves more than 60
schooldays, the employee is deemed to have been hired as a substitute
or temporary employee for the duration of the semester in which the
employee renders the substitute or temporary service.
   (d) Notwithstanding Sections 44917 and 44920, it is not required
that substitute or temporary employees employed under this section
replace regularly employed persons absent from service.
   (e) For purposes of this section, a temporary increase in
enrollment exists when the number of pupils enrolled is more than the
average enrollment of the preceding two fiscal years prior to the
year in which the substitute or temporary employee was hired under
this section.


1294.5.  Any county superintendent of schools may employ persons
possessing an appropriate credential as certificated employees in
programs and projects to perform services conducted under contract
with public or private agencies, or other categorically funded
projects of indeterminate duration. The terms and conditions under
which such persons are employed shall be mutually agreed upon by the
employee and the county superintendent and such agreement shall be
reduced to writing. Service pursuant to this section shall not be
included in computing the service required as a prerequisite to
attainment of, or eligibility to, classification as a permanent
employee unless (1) such person has served pursuant to this section
for at least 75 percent of the number of days the regular schools of
county superintendent by which he is employed are maintained, and (2)
such person is subsequently employed as a probationary employee in a
position requiring certification qualifications. Such persons may be
employed for periods which are less than a full school year and may
be terminated at the expiration of the contract or specially funded
project without regard to other requirements of this code respecting
the termination of probationary or permanent employees.
   This section shall not be construed to apply to any regularly
credentialed employee who has been employed in the regular
educational programs of the county superintendent of schools as a
probationary employee before being subsequently assigned to any one
of these programs.



1295.  The county superintendent of schools, with the approval of
the county board of education, may grant leaves of absence, with or
without pay, to persons employed by him in positions not requiring
certification qualifications in the same manner and to the same
extent as is permitted of school district governing boards by Section
45190 and Section 88190.



1296.  (a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250 or
more, each person who, after being employed for three complete
consecutive school years by the superintendent in a teaching position
in those schools or classes requiring certification qualifications
and whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to such a position in
those schools or classes, shall be classified as and become a
permanent employee of the county superintendent of schools.
   Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
   This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
   (b) If the average daily attendance of the schools and classes
maintained by a county superintendent of schools is 250 or more, each
person who, after being employed for two complete consecutive school
years by the superintendent in a teaching position in those schools
or classes requiring certification qualifications and whose salary is
paid from the county school service fund, is reelected for the next
succeeding school year to such a position in those schools or
classes, shall be classified as and become a permanent employee of
the county superintendent of schools.
   The county superintendent of schools shall notify the employee, on
or before March 15 of the employee's second complete consecutive
year of employment by the superintendent in a teaching position in
schools or classes maintained by the superintendent requiring
certification qualifications, of the decision to reelect or not
reelect the employee for the next succeeding school year to such a
position in those schools. In the event that the county
superintendent does not give notice pursuant to this section on or
before March 15, the employee shall be deemed reelected for the next
succeeding school year.
   Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
   This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
   (c) As used in this section, "teaching position" means any
certificated position designated as of January 1, 1983, by the county
board of education or the county superintendent of schools as a
teaching position for the purpose of granting probationary or
permanent status.



1297.  For the purpose of insurance under the workers' compensation
laws of this state, any person employed by a county superintendent of
schools to supervise instruction or to give instruction in the
school districts or community college districts located in the
territory under the jurisdiction of the county superintendent of
schools shall be deemed an employee of the county. The cost of
insuring any person employed to supervise instruction shall be paid
by the county superintendent of schools from the county school
service fund. The cost of insuring any person employed by the county
superintendent of schools to give instruction shall be paid by the
county superintendent of schools from the county school service fund.




1298.  By agreement between the county board of education and county
board of supervisors, in counties in which the provisions of Article
4 (commencing with Section 1310) have become operative and in which
functions and duties have been transferred from the county board of
supervisors to the county board of education in accordance with
Sections 1043 and 1080, the county superintendent of schools may be
authorized to employ an administrative adviser as part of the
classified service. His or her compensation shall be as fixed by the
county board of education, and shall be paid from that part of the
single budget prepared by the county board of education for which a
county tax is levied pursuant to Section 1623. His or her duties
shall be the administrative duties established by the county board of
education, and to counsel with and act as a coordinator between, the
district attorney or county counsel, the county board of education,
the county committee on school district organization, the personnel
commission, the county superintendent of schools, school districts,
and community college districts which request his or her services.
The district attorney or county counsel shall continue to have and to
discharge all of the authority and duties imposed upon him or her by
law in the schools and education fields; however, the administrative
adviser may be deputized by the district attorney or county counsel,
in his or her discretion, if the adviser is admitted to practice law
in this state.


1299.  A supervisor of health employed by the county superintendent
of schools shall perform such duties in connection with the
supervision of the health of pupils as are prescribed by the county
superintendent of schools.


1300.  (a) A county superintendent of schools may award consultancy
contracts to retired certificated employees of the county
superintendent of schools or a school district or community college
district of the county who were employed by the county superintendent
of schools or a school district or community college district of the
county for at least 10 years and who are at least 55 years of age.
   (b) A county superintendent of schools may enter into a contract
with a retired certificated employee who has been employed by the
county superintendent of schools or a school district or community
college district of the county at least 10 years and who is at least
55 years of age whereby the retired employee is granted a consultancy
contract with the county superintendent of schools, which contract
is renewable on an annual basis for up to five years or until the
retired employee reaches age 65, whichever comes first.
   (c) Persons hired by a consultancy contract as authorized by this
section are considered employees and are subject to the earnings
limitation provided in Section 23919.



1301.  The county superintendent of schools, in accordance with
rules and regulations adopted by the county board of education, may
provide for the payment of the costs of replacing or repairing
property of an employee, such as eyeglasses, hearing aids, dentures,
watches, articles of clothing necessarily worn or carried by the
employee, or vehicles when any such property is damaged in the line
of duty without fault of the employee or if such property is stolen
from the employee by robbery or theft while the employee is in the
line of duty. If the property is damaged beyond repair or stolen, the
actual value of such property may be paid. The determination of the
value of such property shall be equal to its value at the time of the
damage, destruction, or theft. Limits may be established for the
payment for such damaged or stolen property.
   In the event the employee is paid the costs of replacing or
repairing such property, or the actual value of such property, the
county superintendent of schools shall, to the extent of such
payments, be subrogated to any right of the employee to recover
compensation for such damaged or stolen property. The county
superintendent of schools may file and prosecute an action to enforce
its subrogation right in the small claims court if the amount of the
claim is within that court's monetary jurisdiction or may enforce
its subrogation right in any other court of competent jurisdiction.




1302.  (a) The county superintendent of schools shall not increase
by ten thousand dollars ($10,000) or more the salary or bonus of any
employee of the county office of education unless the matter is
brought to the attention of the county board of education for its
discussion at a regularly scheduled public meeting of the county
board of education.
   (b) The county superintendent of schools shall not increase the
retirement benefits of any employee of the county office of education
unless the matter is brought to the attention of the county board of
education for its discussion at a regularly scheduled public meeting
of the county board of education and the county board of education
approves the increase.