Question: We handle contracts in a multitude of ways. Some are simply entered into agreement with the signature of the Asst. Supt., Business Services or the District Superintendent, while others are submitted to the Board for approval. We can't seem to locate any specific guidelines on this issue.

Response: Purchasing is a responsibility of the governing board. Although the purchasing responsibility can be delegated to another administrator or designee by the board, the final responsibility of approving all purchase orders and formal contracts is with the board, with specific approvals indicated in the official board minutes. It’s important to understand that each transaction between the school district and any other entity or person involving property transfer or the rendering of a service is a contract and is subject to approval by the governing board.

If you go to this website: http://wwwstatic.kern.org/gems/fcmat/purchasing2004.pdf you will find the section of the Business Services Guide, produced by the San Diego Superintendent of Schools with a lot of information in this area and it outlines the different types of contracts and regulations in this area.

Another reference for you is Education Code Section 17604, which states:

" 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."