The school district's governing board can rent out empty classrooms or other spaces in school buildings to other groups such as educational agencies, government groups, non-profits, and businesses. Private schools teaching K-12 students can't rent these spaces. The first priority is given to educational agencies that want to use the space for special education programs, while second priority goes to other educational agencies.
(a)CA Education Code § 17527(a) The governing board of any school district may enter into agreements to make vacant classrooms or other space in operating school buildings available for rent or lease to other school districts, educational agencies, except private educational institutions which maintain kindergarten or grades 1 to 12, inclusive, governmental units, nonprofit organizations, community agencies, professional agencies, commercial and noncommercial firms, corporations, partnerships, businesses, and individuals, including during normal school hours if the school is in session.
(b)CA Education Code § 17527(b) The governing board shall give first priority in leasing or renting vacant classroom space or other space to educational agencies for conducting special education programs and second priority to other educational agencies.
vacant classrooms school space rental educational agencies special education programs school district agreements space leasing governmental units nonprofit organizations community agencies commercial firms noncommercial firms rental priority school building use K-12 exclusion operating school buildings
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law clarifies that the term "building" not only refers to the physical structure but also includes nearby facilities, utilities, and improvements necessary for its efficient use. It also covers permanent improvements made to school grounds.
As used in this article, “building” includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds.
onsite facilities offsite facilities utilities improvements school grounds jointly occupied permanent improvement building operation functional use school grounds enhancement facility agreement utility provision improvement agreement operation support facility use
(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
Before a school district can rent out or share its property or buildings with others, the school board must make sure that this arrangement won't disrupt the education at the school, cause problems for nearby residents, or put the students' safety at risk.
Prior to entering into a lease or agreement pursuant to this article, the school district governing board shall determine that the proposed joint occupancy and use of school district property or buildings will not do any of the following:
(a)CA Education Code § 17529(a) Interfere with the educational program or activities of any school or class conducted upon the real property or in any building.
(b)CA Education Code § 17529(b) Unduly disrupt the residents in the surrounding neighborhood.
(c)CA Education Code § 17529(c) Jeopardize the safety of the children of the school.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If a school district's governing board wants to lease property, they have to follow certain rules outlined in another part of the law, starting with Section 17455.
The governing board of a school district entering into a lease pursuant to this article shall comply with the applicable provisions of Article 4 (commencing with Section 17455).
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law outlines rules for leasing classroom space in California schools. Generally, a school cannot lease more than 45% of its classrooms during school hours, and the whole district cannot lease out more than 30% of its total classroom space. However, a school's board can approve leasing more than 45% of its classrooms if two-thirds of the board agrees and if the lease aligns with the school's educational goals, but the district-wide limit of 30% still applies. Additionally, any lease agreements made before March 4, 1981, are not affected by this law.
(a)CA Education Code § 17531(a) Except as provided in subdivision (b) of this section and Section 17532, the amount of classroom space leased pursuant to this article in any schoolsite during normal school hours shall not exceed 45 percent of the total classroom space of that school, and in no event shall the leased classroom space in the school district during normal school hours exceed 30 percent of the district’s total classroom space in operating schools.
(b)CA Education Code § 17531(b) The governing board of a school district may, upon a two-thirds vote, enter into lease agreements which exceed the 45 percent limit per school upon making a finding that the leases are compatible with the educational purpose of the school. The board, however, shall not exceed, pursuant to this subdivision, the 30 percent limit of classroom space for the entire school district.
(c)CA Education Code § 17531(c) The provisions of this section shall not apply to agreements for the lease of classroom space entered into by districts on or before March 4, 1981.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law allows a school district's governing board to lease out more than 30% of its classroom space if it's for a day care center, nursery school, or special education class.
The governing board of a school district may lease vacant classroom space the total area of which exceeds the 30 percent districtwide limit of classroom space available pursuant to this article, if a lease is for any day care center, nursery school, or special education class.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
If a school district wants to rent out part of a school building for non-educational purposes, the local government can require them to follow certain rules, like zoning laws and safety codes.
A local agency having general planning jurisdiction may require adherence to appropriate zoning ordinances, use permits, construction or safety codes, by a school district seeking to lease a portion of a school building for uses other than public or education-related uses.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law states that any agreement a school district makes under this article should generally last no longer than five years. However, there's an exception for deals that involve public entities or nonprofit organizations making capital improvements on school property for parks and recreation, where the agreement can exceed five years.
(a)CA Education Code § 17534(a) Except as provided in subdivision (b), the term of any agreement entered into by a school district pursuant to this article shall not exceed five years.
(b)CA Education Code § 17534(b) The provisions of subdivision (a) shall not apply to agreements under or pursuant to which capital outlay improvements are made on school property for park and recreation purposes by public entities and nonprofit corporations.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
This law says that school districts in California cannot rent or lease empty classrooms or other spaces in schools for less than fair market value, unless they're renting to public entities, in which case they can rent for less.
(a)CA Education Code § 17535(a) Except as provided in subdivision (b), no agreement entered into by a school district pursuant to this article shall rent or lease vacant classrooms or other space in operating schools for less than fair market rental for comparable facilities.
(b)CA Education Code § 17535(b) A district may enter into an agreement to rent or lease vacant classrooms or other space in operating schools to public entities for less than fair market rental for comparable facilities.
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(Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
