Untitled California Attorney General Opinion

BACKGROUND

The state Constitution creates a structure for governance of public education consisting of a state superintendent of public instruction, 1 county superintendents of schools, 2 and school districts. 3 Here we are concerned with the powers of a county superintendent, whose general duties are set forth in the Education Code, and include the broad directives to “superintend the schools of his or her county,” 4 and to “maintain responsibility for the fiscal oversight of each school district in his or her county pursuant to the authority granted by this code.” 5 County superintendents provide support and guidance for the operations of individual schools or local districts, but are not typically involved in day-to-day operations. 6 “Policy determinations regarding school districts are made by the [district] superintendent and the local school boards.” 7

We are asked about the scope of a county superintendent’s power with respect to school districts showing evidence of fiscal distress. Specifically, if a superintendent “determines that a school district will be unable to meet its financial obligations for the current or subsequent fiscal year,” the superintendent is given…