Board of Education v. County of San Luis Obispo

The County of San Luis Obispo (County) appeals from a judgment granting declaratory and injunctive relief which, inter alia, required it to provide or fund housing to the Board of Education and Superintendent of Schools of San Luis Obispo County (collectively Board). We affirm.

For some years prior to 1965, the County provided the Board with office space for the superintendent of schools (Superintendent) located at 2156 Sierra Way, in San Luis Obispo. In February of 1965, the County adopted resolution No. 76-65 transferring to the Board many of its duties and functions. 1 This was done pursuant to enabling legislation. (Ed. Code, §§ (671)/1080 and (20400)/1620 et seq. 2 )

*323 The resolution provided that the Board would thenceforth prepare an estimated yearly budget and submit it to the County. The County divested itself of the power to approve this budget. Instead, the County would levy a tax to raise sufficient revenue to cover it. This revenue would be paid into a fund separate from the county general fund, called the County School Service Fund. (§ (20400)/1620.)

The resolution further provided in section 14: “14. The expenses of the County Superintendent of…