Advisory Committees - Property: Sale,lease, Exchange - CA Education

Section § 17387

This section emphasizes that when school districts lease out surplus school properties, they should involve the community in decision-making. The goal is to ensure that decisions about closing schools or using extra space meet the community's needs and avoid conflicts.

It is the intent of the Legislature that leases entered into pursuant to this chapter provide for community involvement by attendance area at the district level. This community involvement should facilitate making the best possible judgments about the use of excess school facilities in each individual situation.

It is the intent of the Legislature to have the community involved before decisions are made about school closure or the use of surplus space, thus avoiding community conflict and assuring building use that is compatible with the community’s needs and desires.

school facilities community involvement leases surplus space school closure community needs district level excess school facilities community conflict building use legislature intent attendance area district decisions

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17388

Before any school district in California can sell, lease, or rent out unused school property for more than 30 days, the district's governing board must appoint an advisory committee. This committee's job is to help the board create rules and policies for how the unused space or buildings are to be used or disposed of.

The governing board of any school district may, and the governing board of each school district, prior to the sale, lease, or rental of any excess real property, except rentals not exceeding 30 days, shall, appoint a district advisory committee to advise the governing board in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings which is not needed for school purposes.

school district advisory committee excess real property school buildings districtwide policies use of space disposition lease rental property sale unused property 30-day rental board appointment governing board committee advice

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17389

This law requires that a school district advisory committee has between seven and eleven members. The committee should include a mix of people who represent the district's ethnic and social makeup, local business community, landowners or renters (especially from neighborhood associations), teachers, administrators, parents of students, and experts in areas like environmental impact and land use.

A school district advisory committee appointed pursuant to Section 17388 shall consist of not less than seven nor more than 11 members, and shall be representative of each of the following:

(a) The ethnic, age group, and socioeconomic composition of the district.

(b) The business community, such as store owners, managers, or supervisors.

(d) Teachers.

(e) Administrators.

(f) Parents of students.

(g) Persons with expertise in environmental impact, legal contracts, building codes, and land use planning, including, but not limited to, knowledge of the zoning and other land use restrictions of the cities or cities and counties in which surplus space and real property is located.

school district advisory committee ethnic composition age group socioeconomic composition business community representatives neighborhood associations teachers administrators parents of students environmental impact expertise legal contracts expertise building codes knowledge land use planning zoning restrictions surplus property

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17390

This law requires a school district advisory committee to handle surplus school space and property. They need to review enrollment projections to determine surplus, create a priority list of acceptable uses for that space, gather community input, and recommend final uses to the district board. This includes options like selling or leasing space for child development.

The school district advisory committee shall do all of the following:

(a) Review the projected school enrollment and other data as provided by the district to determine the amount of surplus space and real property.

(b) Establish a priority list of use of surplus space and real property that will be acceptable to the community.

(c) Cause to have circulated throughout the attendance area a priority list of surplus space and real property and provide for hearings of community input to the committee on acceptable uses of space and real property, including the sale or lease of surplus real property for child care development purposes pursuant to Section 17458.

(d) Make a final determination of limits of tolerance of use of space and real property.

(e) Forward to the district governing board a report recommending uses of surplus space and real property.

school district advisory committee surplus space community input priority list real property enrollment projections acceptable uses child care development sale or lease committee recommendations district board report community hearings use of space limits of tolerance attendance area

(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17391

This section allows a school district to skip forming an advisory committee for certain real estate decisions. Specifically, if they're renting or leasing property for summer school to a private educational institution, using property for teacher or employee housing, or selling/leasing property (not meant for education) until July 1, 2024, they don't need the committee.

Notwithstanding Section 17388, the governing board of a school district may elect not to appoint a school district advisory committee pursuant to Section 17388 in any of the following circumstances:

(a) A lease or rental of excess real property to a private educational institution for the purpose of offering summer school in a facility of the school district.

(b) The sale, lease, or rental of excess real property to be used for teacher or school district employee housing.

(c) Until July 1, 2024, the sale or lease of surplus real property that has not previously operated, or was not constructed to be operated, as an early childhood education facility or a school for elementary and secondary instruction, pursuant to paragraph (1) of subdivision (e) of Section 17463.7.

advisory committee bypass excess real property private educational institution summer school rental teacher housing employee housing surplus property sale property lease exemption July 1 2024 deadline non-educational facility early childhood education facility elementary and secondary instruction Section 17463.7 school district property use real estate decision-making

(Amended by Stats. 2020, Ch. 110, Sec. 7. (SB 820) Effective September 18, 2020.)