Purpose and Process
Before the District can consider any long term lease with a private party, the District must follow the requirements of Education Code Sections 17387 et al. These provisions set forth the requirements that must be met by the District before it enters into any lease of surplus school district property and facilities if such are not needed for educational purposes.
Education Code Section 17387 states that it is the intent of the Legislature that leases entered into by school districts should involve the community. This community involvement would facilitate making the best possible judgments about the use of surplus areas of sites and thereby avoid community conflict and assuring that usage of surplus school sites is compatible with the community’s needs and desires.
Pursuant to Education Code Section 17388, before excess real property is sold or leased, the governing Board of a school district must appoint a district advisory committee to advise the Board in the development of district-wide policies and procedures governing the use or disposition of school buildings or space which is not needed for school purposes.
Education Code Section 17389 outlines the membership of the school district advisory committee and states that the advisory committee be composed of not less than seven (7) no more than eleven (11) members, and shall be representative of each of the following:
- The ethnic, age group, and socioeconomic composition of the district/resident within SAUSD boundary.
- The business community, such as store owners, managers or supervisors.
- Landowners or renters, with preference given to representatives of neighborhood associations.
- Parents of students
- 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.
- Committee must be approved by the Board of Education.
- Meetings of the Advisory Committee are subject to the Brown Act and are posed in accordance therewith. (Meetings are open to the public.)
- Committee establishes meeting calendar at its first meeting.
In accordance and consistent with California Education Code Sections 17387-17391 and 17400-17429, the charges of the District Advisory Committee are to...
- Review District and State financial information, which may provide context that is relevant to the work of the Committee.
- Review projected enrollment figures and facilities data to determine the amount of available real property, particularly with regard to whether SAUSD Intermediate and High School sites contain available space
- Establish a priority list of uses for the available real property that will be acceptable to the community
- Circulate throughout the attendance area the priority list of available real property and provide for a public hearing for community input to the Committee regarding acceptable uses for the real property (publish priority list and Notice of Public Hearing by the advisory committee in a newspaper of general circulation within the District)
- Make a final determination of the limits of tolerance of use of the available real property
- Forward a report to the Board recommending uses of available real property
- Board Resolution to sell or lease of property (2/3 vote)
When using proceeds from the lease of surplus property, school districts must comply with Education Code Section 17462, which provides generally that such funds shall be used for "capital outlay or for costs of maintenance of school district property that the governing board of a school district determines will not recur within a five-year period." Certain exceptions apply to this rule.