Article 14Sale of Personal Property

Section § 17545

Explanation

This law allows a school district's governing board to sell personal property that is no longer needed for school purposes. Before selling, they must inform the public by posting notices in three places or publishing in a local newspaper for at least two weeks. The board must sell to the highest responsible bidder, or they can reject all bids. They can hold a public auction directly or hire a private auction firm. An employee may be assigned to handle the auction and finalize sales once payment is made.

(a)CA Education Code § 17545(a) The governing board of any school district may sell for cash any personal property belonging to the district if the property is not required for school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. There shall be no sale until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation there. If there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. The board shall sell the property to the highest responsible bidder, or shall reject all bids.
(b)CA Education Code § 17545(b) The governing board may choose to conduct any sale of personal property authorized under this section by means of a public auction conducted by employees of the district or other public agencies, or by contract with a private auction firm. The board may delegate to the district employee responsible for conducting the auction the authority to transfer the personal property to the highest responsible bidder upon completion of the auction and after payment has been received by the district.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17546

Explanation

This law allows a school district's board to handle property that isn't worth more than $2,500 without needing to advertise for a sale, as long as the decision is made unanimously by board members present. If items previously tried to be sold didn't receive any bids, they can also be sold privately. Additionally, if the property is deemed not valuable enough to cover the sale costs, the board can decide to donate it to a charity or dispose of it in a local dump, again requiring unanimous approval from present board members.

(a)CA Education Code § 17546(a) If the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum of two thousand five hundred dollars ($2,500), it may be sold at private sale without advertising, by any employee of the district empowered for that purpose by the board.
(b)CA Education Code § 17546(b) Any item or items of property having previously been offered for sale pursuant to Section 17545, but for which no qualified bid was received, may be sold at private sale without advertising by any employee of the district empowered for that purpose by the board.
(c)CA Education Code § 17546(c) If the board, by a unanimous vote of those members present, finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the board, or it may be disposed of in the local public dump on order of any employee of the district empowered for that purpose by the board.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17547

Explanation

When property is sold, the money from the sale should be added to the fund that was originally used to buy the property or to the district's general or reserve fund.

The money received from the sale shall be placed to the credit of the fund from which the original expenditure for the purchase of the property was made or in the general or reserve fund of the district.
property sale district funds original expenditure general fund reserve fund sale proceeds fund allocation money received credit fund management district budget expenditure fund financial management funds distribution property purchase fund
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17548

Explanation

This law allows school districts to sell old items they no longer need when they are buying new ones. They can ask companies who are bidding to supply new items to also offer a price for the old items they want to replace. The company that offers the best overall deal—taking into account both the price of the new items and the value they assign to the old ones—can be chosen by the school board. If no offer is good enough, they have the option to reject all bids.

The governing board of any school district may dispose of personal property belonging to the district for the purpose of replacement by providing in the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his or her bid to purchase the property being replaced and to remove it from the school grounds and shall state in his or her bid the amount which he or she will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the district. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids.
school district dispose of personal property replacement bidding process furnishing new materials responsible bidder lowest net bid purchase price remove from school grounds contract award
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17549

Explanation

This law allows school districts to trade in old appliances or equipment used in teaching for new ones of a similar kind and purpose without going through the usual process of advertising for or accepting bids. The cost to the school district for this exchange can't be more than the difference between the selling price of the new item and the original purchase price of the old item, plus any necessary tax.

The governing board of any school district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment belonging to the district and used for instructional purposes for new property of like class and kind for a similar use without advertising for or taking bids. The cost to the district for the exchange shall not exceed the excess, if any, of the manufacturer’s or supplier’s selling price of the new property over the original cost to the district of the property being disposed of by the district, plus any applicable tax.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17550

Explanation

This law allows school districts in California to ask construction bidders to take old materials from the site and deduct their value from their bid price. When a school is being built, remodeled, or demolished, bidders must specify how much they'll subtract from their project bid based on the materials’ worth. The school will choose the bidder who offers the lowest overall cost or decide to reject all bids.

The governing board of any school district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering, adding to, or reconstructing existing school buildings, or demolishing existing school buildings, require each bidder for the performance of the work to agree in his or her bid to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his or her bid the amount which he or she will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids.
school district construction bidding process old materials removal bid price deduction contract letting project bids responsible bidder lowest net bid school grounds materials contractor requirements bid rejection responsible bidder selection school building projects
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17551

Explanation

The school district's board can allow school officers or staff to sell items made by students to those students, but only at the cost of the materials supplied by the district.

The governing board of a school district may authorize any officer or employee of the district to sell to any pupil personal property of the district which has been fabricated by such pupil, at the cost to the district of the materials furnished by the district and used therein.
school district governing board officer employee sell pupil personal property fabricated materials cost student projects authorization district materials school items student purchase educational materials
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17552

Explanation

If you're taking an adult class in a school district, the school can sell you materials needed for class projects, but they can't charge you more than what it cost them. Whatever you make with those materials is yours to keep.

The governing board of a school district may sell to persons enrolled in classes for adults maintained by the district any materials that may be necessary for the making of articles by those persons in those classes. The materials shall be sold at not less than the cost thereof to the district and any article made therefrom shall be the property of the person making it.
school district adult classes material sales cost to district property rights class projects material costs students articles ownership
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17553

Explanation

This law allows school districts to sell, give away, or trade educational materials they have created, as long as it's approved by their governing board's rules. These materials can be shared with anyone, including people, government agencies, and other schools unless the board's rules say otherwise. Likewise, they can offer licenses for others to use materials under their copyright to similar entities. Importantly, if a public agency in the state asks for a license, the district must give it to them unless they've already made a special deal with a publisher. Any fees charged to public agencies for these licenses or materials should only cover the costs of making them. The whole process is considered beneficial for public education goals.

A school district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Article IX, Section 1, of the Constitution.
A school district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph.
The district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher.
Any charge which may be assessed a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials.
Any granting of a license, by a school district, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Article XI, Section 1, of the Constitution.
school district materials educational use published materials governing board regulations license copyrights public agency licensing exclusive license cost recovery Article IX Section 1 public purpose Article XI Section 1 copyright use
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17554

Explanation
If a school district in California owns land that produces crops, its governing board can make deals with agricultural groups to take care of, harvest, and sell those crops.
Notwithstanding any other provision of law, the governing board of any school district owning land upon which agricultural products are grown may enter into agreements with an agricultural cooperative or association for the purpose of maintaining, harvesting or selling the products.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)

Section § 17555

Explanation

This law allows a school district's governing board to sell or lease personal property owned by the district to a private educational institution. The purpose is for the institution to use this property in a summer school program, as long as they're using a facility already leased from the district.

Notwithstanding any other provision of this article, the governing board of any school district may sell or lease any personal property belonging to the district to any private educational institution for use in any summer school which the institution offers in a facility of the district used under a lease or agreement entered into pursuant to Section 17527.
governing board school district sell or lease personal property private educational institution summer school facility lease Section 17527 district property lease agreement
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)