Education Code — Part 9 | EDC — United States — California law | Esheria

Education Code

Part 9 of 57 · provisions 1,601–1,800

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About this statute

This chapter is named the Public Education Facilities Bond Act of 1996 and may be cited by that name. This section lets California education entities and teacher-training institutions make agreements or contracts to exchange or assign personnel, with assignments limited to one year. A specified $2,012,035,000 of bond proceeds must be deposited into the State School Building Lease-Purchase Fund. Money in the State School Building Lease-Purchase Fund must be used to provide aid and reimburse specified education and bond-expense funds. An agreement under Section 10000 must allow certain California State University and district teaching employees to take on each other’s duties.

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Provisions of Education Code

Showing 200 of 11,236

  1. 17430.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may lease or make an agreement for school facilities with a qualifying nonprofit corporation, if the nonprofit’s organizing documents include the required conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17430. Notwithstanding any other law, the governing board of any school district may enter into a lease or agreement for any school facilities pursuant to this article with a nonprofit corporation organized under Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code if the articles of incorporation or bylaws of the nonprofit corporation provide for both of the following conditions: (a) No person shall be eligible to serve as a member or director of the nonprofit corporation, except a person initially approved by resolution of the governing board of the school district. (b) No part of the net earnings of the nonprofit corporation shall inure to the benefit of any member, private shareholder, individual, person, firm, or corporation, excepting only the school district. Any facilities constructed by a nonprofit corporation pursuant to a lease or agreement entered into pursuant to this article shall be constructed under a contract awarded to the lowest responsible bidder pursuant to Chapter 3.5 (commencing with Section 4220) of Division 5 of Title 1 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  2. 17431.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    An owner’s development lien under this article becomes a covenant for the benefit of the school district named in it and, once recorded, runs with the land.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17431. Notwithstanding any other law, an owner’s development lien created pursuant to this article is a covenant for the benefit of the school district or districts expressly described therein which shall, upon recordation with the county recorder of the county in which the real property is located, run with the land described in the document by which the lien is placed of record. The owner’s development lien shall be binding upon successors in interest, during their ownership, of any portion of such land affected thereby and each person having an interest therein derived through any owner of the land owned by the covenantor. The covenant running with the land created by the owner’s development lien as provided in this section constitutes a valid covenant notwithstanding the fact that it is created in connection with only one estate and is imposed upon a single parcel and is intended to be for the benefit of a school district or districts who are not a landowner or owners. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  3. 17432.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Bond sales for a school facilities plan need State Treasurer approval, and the State Allocation Board must verify the proposed facilities meet its standards before any bonds are sold.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17432. The sale of bonds for the accomplishment of a school facilities plan shall be subject to the approval of the State Treasurer. Prior to the sale of any bonds, the State Allocation Board shall determine that the proposed facilities to be constructed with the bond proceeds are consistent with its building area and costs standards as to the area and facilities described in the school facilities plan pursuant to which the bonds are to be issued. The sale of the bonds shall be conducted in compliance with Chapter 10 (commencing with Section 5800) of Division 6 of Title 1 of the Government Code. However, the bonds may be sold at a negotiated sale. The State Treasurer and the State Allocation Board may impose a charge and collect a fee for reimbursement of actual costs incurred in accomplishing the approval and determination. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  4. 17433.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Rental payments under a lease or agreement under this article may be paid in annual installments or prepaid from allowed state or school district funds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17433. Any rental payments required by any lease or agreement entered into pursuant to this article may be paid in annual installments or may be prepaid from state funds or other funds of the school district permissible by law to be used for those purposes at any time during the period of the lease or agreement. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  5. 17434.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    If the governing board decides to enter a lease or agreement with a nonprofit corporation, it must adopt a resolution of intention and include specified details in that resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17434. Whenever the governing board determines that a lease or agreement should be entered into with a nonprofit corporation, the board shall adopt a resolution of intention. The board shall have the following powers and shall state in the resolution all of the following: (a) The intention of the board to formulate a school facilities plan for the school district or a portion thereof. (b) A summary description of the facilities to be included within the school facilities plan. (c) The estimated expense of carrying out the school facilities plan, including all incidental expenses. (d) That a map depicting the exterior boundaries of the territory to be benefited by the school facilities plan is on file with the secretary of the school district and is available for inspection by any person or persons interested. (e) A legal description of the real property upon which an owner’s development lien is to be imposed and to be recorded with the county recorder of the county or counties in which the real property is located. (f) The intention of the board to cause the formation of a nonprofit corporation the purpose of which is to issue bonds, notes, or other obligations to finance the construction of the facilities included within the school facilities plan and to lease the facilities to the school district. (g) That pursuant to Section 17438, an owner’s development lien shall be imposed to the benefit of the school district on all real property described in the map on file with the secretary of the school district, exclusive of real property subject to restrictions that preclude development thereon, which shall specify the amount thereof and the maximum period of time over which the amount is to be paid, together with a specified maximum interest rate. (h) That the school district may enforce the lien, as to any amount or amounts in default, by judicial foreclosure proceedings as provided for in Section 17444. (i) That the owner’s development lien provided for in this article shall be imposed with the consent of all owners within the final map of the boundaries in equal amounts on each acre or portion thereof within the territory to be benefited by the school facilities plan or imposed pursuant to Section 17447. (j) That the proposed facilities may or may not be constructed within the boundaries of the territory to be benefited by the school facilities plan as depicted on the map described in subdivision (d). (k) That the benefited property may include noncontiguous territory and that real property may subsequently be included by the governing board, subject to the assumption of a pro rata share of all obligations incurred or to be incurred, plus an amount not less than all amounts collected pursuant to the owner’s development lien per acre or portion thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  6. 17435.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The school district secretary must mail and publish the resolution, send notice to requestors, and mail copies to certain property-related beneficiaries unless they waived notice. Property owners and similar हित holders may file written objections within 30 days after the resolution is mailed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17435. Subsequent to the adoption of the resolution pursuant to Section 17434, the secretary of the school district shall mail a copy of such resolution to each owner of property within the territory to be benefited from the school facilities plan as shown on the last equalized assessment roll, as well as the persons that the secretary can reasonably determine may have an interest in the property, except for those persons who have filed written waivers to receive copies of the resolution with the secretary of the district. A copy of the resolution shall be published pursuant to Section 6066 of the Government Code. The school district also shall give the notice to any persons who have in writing requested notice of the proceedings. The secretary of the district also shall mail copies of the resolution to any beneficiary under any deeds of trust on property within the territory to be benefited by the school facilities plan unless written waivers to receive the copies have been filed with the secretary of the school district. Any owner of real property or owner of an interest in real property, such as a trustee or beneficiary under a deed of trust or similar secured interest, may file written objections to the implementation of the school facilities plan with the secretary of the district, which written objections shall be filed with the secretary no later than 30 days from the date of the mailing of a copy of the resolution. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  7. 17436.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    After at least 30 days from mailing under Section 17435, the school district board may review written objections and may stop the proceedings or adopt a resolution to implement the school facilities plan if the listed owners have given written consent to the development lien.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17436. No sooner than 30 days from the date mailing occurs pursuant to Section 17435, the governing board of the school district may consider all written objections filed with the secretary of the school district and may, at its discretion, discontinue proceedings pursuant to this article or may adopt, after consideration of written objections, a resolution ordering the implementation of the school facilities plan for the purpose and for the benefit of that territory described in the resolution of intention, provided the owners described in Section 17435 have consented in writing to the owner’s development lien. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  8. 17437.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A resolution implementing the school facilities plan must include specified details about the property, lien amount, owner agreements, and a nonprofit lease or agreement.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17437. The resolution ordering implementation of the school facilities plan shall state the following: (a) A legal description of the real property to which an owner’s development lien is to be imposed. (b) The names of all owners of record of the real property to which an owner’s development lien is to be imposed. (c) The total amount of the owner’s development lien to benefit the school district as described in subdivision (g) of Section 17434. (d) The real property described in the resolution shall be subject to an owner’s development lien for a pro rata share on each acre or portion thereof pursuant to this article or any other amount as herein provided. (e) That all owners of the real property described in the resolution have agreed on their behalf and on behalf of their successors in interest to pay the designated share of the owner’s development lien, have acknowledged that such agreement constitutes a covenant running with the land pursuant to Section 17431, have agreed that the obligation created is secured by the owner’s development lien as provided in this article, and have consented to the implementation of the owner’s development lien. (f) That a lease or agreement will be entered into with a nonprofit corporation. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  9. 17438.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The resolution must be recorded with the county recorder, and recording it creates an owner’s development lien on the described real property.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17438. After adoption of the resolution ordering implementation of the school facilities plan, the resolution shall be recorded with the county recorder of the county or counties in which the real property subject to the owner’s development lien is located. Upon recordation of the resolution, an owner’s development lien is hereby created and attaches to the real property described therein for the cost of implementing the school facilities plan. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  10. 17439.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A nonprofit corporation that has a lease or agreement with the school district may issue bonds, but not until 90 days after the resolution is recorded under Section 17438.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17439. No sooner than 90 days from the date a resolution is recorded pursuant to Section 17438, a nonprofit corporation which has entered into a lease or agreement with the school district pursuant to this article may issue bonds for the purpose of financing all or a portion of the school facilities plan approved pursuant to procedures of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  11. 17440.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Recorded owner’s development liens get the same priority as certain special assessment liens, except for any due, unpaid, and delinquent amount; recording also gives everyone notice of the lien contents.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17440. Except as provided in Section 2192.1 of the Revenue and Taxation Code, an owner’s development lien imposed for the purposes of this article shall have the same priority as special assessment liens described in Article 13 (commencing with Section 53930) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. Except as to any due, unpaid and delinquent amount, the owner’s development lien shall not be deemed to be a prior encumbrance within the meaning of Section 766 of the Financial Code. From and after the date of the recording of the owner’s development lien, all persons shall be deemed to have notice of the contents thereof. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  12. 17441.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The governing board may add additional territory to the school facilities plan area if the property owners consent to a lien and agree to pay the district at least the amount collected under the owner’s development lien.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17441. Additional territory may be added to the area described as being benefited by the school facilities plan in the discretion of the governing board, provided the owners of the real property to be added consent to the imposition of a lien for all present and future obligations as set forth in the school facilities plan and agree to pay to the district an amount at least equal to all amounts collected pursuant to the owner’s development lien. Any additional territory added to the area benefited by the school facilities plan pursuant to this section shall be the subject of a resolution described in Section 17437 and recorded pursuant to Section 17438. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  13. 17442.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The governing board may bill and collect lien-based payments, and a school district may contract with the county tax collector to bill and collect them. The tax collector is entitled to a fee for the reasonable value of services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17442. The governing board may bill and collect pursuant to the owner’s development lien and collect payments from the owners of all property subject to an owner’s development lien in amounts sufficient for the district to meet its rental obligations under any lease or agreement and to pay or reimburse any expenses incurred to implement the school facilities plan. The amounts due pursuant to the owner’s development liens shall be billed and collected in equal amounts on each acre or portion thereof as provided for in the owner’s development lien or as provided for in Sections 17437 and 17447. A school district electing to utilize the provisions of this article may enter into a contract with the county tax collector for the billing of the annual amounts billed pursuant to this section. The tax collector may collect these amounts together with and not separate from the taxes on the property. The county tax collector shall be entitled to a fee for the reasonable value of his or her services. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  14. 17443.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A governing board may release an owner’s development lien if the required funds are deposited, and it must then adopt and record a resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17443. An owner’s development lien may be released by the governing board, provided funds are deposited with the board to pay the unpaid principal amount of the lien, plus any prepayment charges in an amount to be determined by the governing board. Upon receipt of these amounts, the board shall adopt a resolution specifically providing a legal description of the real property and the record title owners thereof subject to the release. The resolution shall be recorded with the county recorder of the county or counties in which the real property is located. Upon recordation of the resolution, the owner’s development lien shall be discharged and of no further effect. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  15. 17444.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section sets when an owner’s development lien installment becomes delinquent and in default, and it allows the governing board to foreclose or assign its rights, subject to deadlines and limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17444. (a) Any installment of an owner’s development lien created pursuant to this article shall become delinquent 30 days following billing thereof if unpaid, or if the installment is being collected by the county tax collector, at the time general taxes become delinquent. An installment shall be in default 30 days after written notice of the delinquency has been given by certified or registered mail to the record owner of the property subject to the lien and all lenders of record. (b) The governing board, not later than four years after the date of default of any payment, may order that the amount be collected by an action brought in superior court to foreclose against the real property subject to the owner’s development lien for the then delinquent installment of the owner’s development lien. The action shall affect only the delinquent amounts and shall not accelerate or require payment of any remaining amount of the owner’s development lien. (c) The lease agreement between the governing board and the nonprofit corporation may contain covenants for the benefit of bondholders providing that the governing board shall commence and diligently prosecute to completion any foreclosure action regarding delinquent installments of an owner’s development lien. The lease agreement may specify a deadline for commencement of the foreclosure action and any other terms and conditions that the governing board may determine to be reasonable. (d) The governing board may assign its rights under this section to the nonprofit corporation or to any trustee under the resolution adopted pursuant to Section 17437. (e) Costs in the action shall be fixed and allowed by the court and shall include, but are not limited to, reasonable attorneys’ fees, interest, penalties and other charges or advances authorized by this article, and when so fixed and allowed by the court, the costs shall be included in the judgment. The amount of penalties, costs, and interest due shall be calculated up to the date of judgment. (f) All matters pertaining to foreclosure, execution and sale shall be governed by the then existing law of California. However, notwithstanding any other law, the owner’s right of redemption shall be limited to 60 days following the date of sale of the owner’s interest. The owner’s development lien shall continue as security for all future required installment payments. Any remaining funds after foreclosure and payment of all obligations and costs of foreclosure of the delinquent installment of the owner’s development lien shall be paid pursuant to the priority of encumbrances of record and to the owner or owner’s successor as of the date of initiation of the foreclosure proceeding. (g) Foreclosures of installments of the owner’s development lien pursuant to this article shall not affect the priority of any scheme of community development approved by the Bureau of Real Estate, including, but not limited to, subdivision maps, condominium plans, covenants, conditions, restrictions, and easements whether recorded prior to or subsequent to the owner’s development lien. (Amended by Stats. 2013, Ch. 352, Sec. 67. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  16. 17445.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A challenge to the validity of this article may be brought under the specified civil procedure chapter, and any appeal from judgment goes directly to the California Supreme Court.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17445. Any action to contest the validity of this article may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure, except that an appeal from any judgment rendered in such action shall be made directly to the Supreme Court of the State of California. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  17. 17446.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Development liens may be imposed in unequal amounts, as an alternative method for carrying out the article’s purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17446. Notwithstanding any other provision contained in this article, and as an alternative method of accomplishing the purposes of this article, owner’s development liens may be imposed in unequal amounts on each acre or portion thereof in order that the liens may be based upon equal or equitable amounts for each individual dwelling unit after subdivision into lots or condominium units. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  18. 17447.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This section lets a school district apportion an existing owner’s development lien across subdivided lots and condominium units if the affected owners and trust deed beneficiaries consent.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2.5. Leasing Facilities [17430 - 17447] ( Article 2.5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17447. (a) As an alternate provision, owner’s development liens previously imposed upon a particular parcel or parcels of property which are subsequently subdivided may be apportioned to provide that the owner’s development liens shall be imposed upon the individual lots and condominium units created by one or more subdivisions. The liens need not necessarily be imposed upon a pro rata basis based upon acreage, but may be imposed pursuant to Section 17446 to provide for an equal or equitable portion of the total lien to be imposed upon each individual dwelling unit or resulting separate parcel. In imposing the owner’s development liens on individual lots and condominium units, there may be excluded from the liens property which becomes subject to restrictions that preclude development thereon including, but not limited to, areas of common ownership, streets, and easements. Prior to the apportionments of an owner’s development lien pursuant to this section, the governing board of the school district shall adopt a resolution which shall include the following: (1) A legal description of the real property on which an owner’s development lien has previously been imposed. (2) The intention of the governing board to apportion the owner’s development lien to provide for an equitable apportionment of the lien upon individual lots and condominium units within the properties to be subdivided. (3) A map showing the subdivided lands, together with the proposed owner’s development liens to be imposed upon the individual lots and condominium units within one or more such subdivisions. (b) Upon adoption of the resolution, the secretary of the school district shall mail a copy of the resolution to each owner of the property upon which the owner’s development lien has previously been imposed as shown on the last equalized assessment roll. A copy of this resolution shall be published pursuant to Section 6066 of the Government Code. The secretary of the school district shall mail copies of the resolution to any beneficiary of deeds of trust upon the property. No sooner than 30 days after the mailings, the governing board may consider objections to the proposed apportionment of the owner’s development lien. Provided that all owners of the parcels over which the lien is to be apportioned, including any beneficiary under any deeds of trust, or any beneficiary under any deed of trust, have consented, the owner’s development lien may be apportioned to provide for an equitable portion of the total development lien to be placed upon the individual lots, condominium units or separate parcels created within one or more of the subdivisions. A resolution approving the apportionment of the owner’s development lien shall thereafter be adopted and recorded with the county recorder of the county or counties in which the real property is located. Apportionment pursuant to this section shall be effective upon the recordation. The apportionment of the owner’s development lien shall in no way either increase or decrease the total amount of the owner’s development lien which has previously been imposed upon the properties involved. However, the original owner’s development lien which had been previously imposed shall be released of record at the time the apportionment of the lien pursuant to this section is recorded. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  19. 17450.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts and county superintendents of schools may lease or lease-purchase equipment or service systems as lessees.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17450. Any school district or any county superintendent of schools may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems with any persons, firm, corporation or public agency. As used in this article “equipment” includes all of the following: (1) Schoolbuses. (2) Other motor vehicles. (3) Test materials, educational films, and audiovisual materials. (4) All other items defined as equipment or service systems in the California School Accounting Manual. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  20. 17451.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a lease or lease-purchase agreement is entered into, the lessee must comply with the applicable bidding and contracting provisions. Each contract must also show the total purchase price and the total cost over the full contract term.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17451. Before a lease or lease-purchase agreement may be entered into the lessee shall comply with all applicable provisions for bids and contracts prescribed by Article 3 (commencing with Section 17595) of Chapter 5 of this part. Each contract shall show the total price for an outright purchase of any item and also its total cost for the entire specified term of the contract. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  21. 17452.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Lease terms for equipment or service systems cannot exceed the item’s useful life and can never exceed 10 years. Leases, but not lease-purchase agreements, may be renewed jointly by the lessee and lessor at the end of each term, subject to a renewal rate cap. Older contracts in force before April 22, 1975 are ratified.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17452. The term of any lease or lease-purchase agreement shall not exceed the estimated useful life of the item but in no event shall the term exceed 10 years. A lease, but not a lease-purchase agreement, may be renewable at the option of the lessee and the lessor, jointly, at the end of each term at a rate not more than 12 percent annually above the rate set pursuant to the existing agreement. In no event shall the combined period of the original lease and renewals or extensions exceed 10 years. Any contract for the lease or lease-purchase of equipment or service systems which was in existence prior to April 22, 1975, shall remain in effect and such terms are hereby ratified. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  22. 17453.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease, or lease with an option to purchase, school property it no longer needs for school purposes, on reasonable terms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17453. As a lessor, a school district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines is not needed for school purposes for a term extending to the end of the expected nonuse of the land, buildings, or equipment and under any conditions it deems reasonable. All of these leases and leases with options to purchase to nonpublic agencies or individuals shall comply with the provisions of Sections 17545, 17546, 17547, and 17548. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  23. 17453.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may sell or lease Internet appliances or personal computers to parents of pupils, but only at no more than the district’s cost, and it must provide network access for families that cannot afford it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Leasing of Equipment [17450 - 17453.1] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17453.1. (a) Notwithstanding any other provision of law, a school district may sell or lease Internet appliances or personal computers to parents of pupils within the school district, for the purpose of providing access to the school district’s educational computer network, at a standard price, not to exceed the cost incurred by the school district in purchasing the Internet appliance or personal computer. A school district that elects to sell or lease Internet appliances or personal computers, as authorized by this section, shall provide access to the school district’s educational network for those families that cannot afford access to the school district’s educational network. Notwithstanding any other provision of law, in conducting a sale or lease pursuant to this section a school district shall not be required to call for bids or to sell or lease Internet appliances or personal computers to the highest bidder. For purposes of this section, an “Internet appliance” is a technological product that allows a person to connect to, or access, an online educational network. (b) The Legislature finds and declares that the Internet appliances or personal computers that are sold or leased pursuant to this section are not an essential part of the school district’s educational program, but are supplemental to that program. (Added by Stats. 2001, Ch. 896, Sec. 1. Effective January 1, 2002.)
  24. 17455.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may sell district real property or lease it for up to 99 years if the property is not or will not be needed for school classroom buildings at delivery of title or possession.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17455. The governing board of any school district may sell any real property belonging to the school district or may lease for a term not exceeding 99 years, any real property, together with any personal property located thereon, belonging to the school district which is not or will not be needed by the district for school classroom buildings at the time of delivery of title or possession. The sale or lease may be made without first taking a vote of the electors of the district, and shall be made in the manner provided by this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  25. 17456.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may sell or lease certain district property on special terms, and the transaction is exempt from other listed rules if specific conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17456. Notwithstanding Section 17455, the sale by the governing board of a school district of any real property belonging to the school district or the lease by that governing board, for a term not exceeding 99 years, of any real property, together with any personal property located thereon, belonging to the school district shall not be subject to any other provision of this chapter, to Article 5 (commencing with Section 17485), or to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, if all of the following conditions are met: (a) The property is sold or leased to another local governmental agency, or to a nonprofit corporation that is organized for the purpose of assisting one or more local governmental agencies in obtaining financing. (b) (1) In the case of the sale of school district property pursuant to this section, the school district, as part of that same sale transaction, simultaneously repurchases the same property that is the subject of the transaction. (2) In the case of the lease of school district property pursuant to this section, the school district, as part of that same lease transaction, simultaneously leases back, for a term that is not substantially less than the term of that lease, the same property that is the subject of the transaction. (c) (1) The financing proceeds obtained by the school district pursuant to the transaction described in this section are expended solely for capital outlay purposes, including the acquisition of real property for intended use as a schoolsite and the construction, reconstruction, and renovation of school facilities. (2) For purposes of this section, the construction, reconstruction, or renovation of rental housing facilities for school district employees constitutes a permissible capital outlay expenditure of the financing proceeds obtained by the school district. (Amended by Stats. 2017, Ch. 717, Sec. 2. (AB 1157) Effective January 1, 2018.)
  26. 17457.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district may not use proceeds from certain school property sale, lease, sale-back, or leaseback transactions for general operating purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17457. Notwithstanding any other provision of this part, in connection with a sale, sale back, lease, or leaseback of school district property, no proceeds obtained by the school district from the sale of the sale back or leaseback agreement, or interests therein, or a debt instrument payable from payments under the sale back or leaseback agreement shall be used for general operating purposes of the school district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  27. 17457.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district that wants to sell or lease surplus real property for instruction or support must first offer it to qualifying charter schools, and the charter school must use the property only for those purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17457.5. (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall first offer that property for sale or lease to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district, pursuant to the following conditions: (1) The real property sold or leased shall be used by the charter school exclusively to provide direct instruction or instructional support. (2) If the charter school purchased real property pursuant to this section and fails to comply with paragraph (1), or otherwise desires to dispose of the real property, all of the following shall apply: (A) The charter school shall immediately offer that real property for sale to the school district that previously owned the property. The charter school shall comply, in that regard, with all requirements under this section that would otherwise apply to a school district. (B) If the school district does not desire to purchase that real property from the charter school, the school district shall furnish a list of charter schools that have requested notification of surplus property pursuant to subdivision (a). The charter school that owns the real property shall offer that real property for sale to the charter schools on this list and comply with all requirements under this section that would otherwise apply to a school district. In the event the charter school selling property receives more than one offer, the charter school may determine to which charter school it will sell the property. The charter school purchasing the real property shall comply with all provisions of this section. (C) If that real property remains unsold pursuant to subparagraph (A) or (B), the charter school selling the real property shall offer that property for sale pursuant to Article 5 (commencing with Section 17485). The charter school shall comply with all requirements under that article that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the school district that sold the property pursuant to this subdivision, rather than that incurred by the charter school. (D) If all or part of the real property remains unsold pursuant to subparagraph (C), the charter school selling that real property shall dispose of the remaining property pursuant to subdivisions (c), (d), (e), and (f) of Section 17464. References in Section 17464 to a school district shall mean the charter school selling the real property. (3) In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the charter school to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement. (4) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorney’s fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions. (b) A school district seeking to sell or lease real property designed to provide direct instruction or instructional support it deems to be surplus property shall provide a written offer to any charter school that, at the time of the offer, has projections of at least 80 units of in-district average daily attendance for the following fiscal year, and has submitted a written request to the school district to be notified of surplus property offered for sale or lease by the school district. A charter school desiring to purchase or lease the property shall, within 60 days after a written offer is received, notify the school district of its intent to purchase or lease the property. In the event more than one charter school notifies the school district of their intent to purchase or lease the property, the governing board of the school district may determine to which charter school to sell or lease the property. (c) The price at which property described in this section is sold pursuant to this section shall not exceed the school district’s cost of acquisition, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any school facilities construction undertaken on the property by the school district since its acquisition of the land, adjusted by a factor equivalent to the increase or decrease in the statewide cost index for class B construction, as annually determined by the State Allocation Board pursuant to Section 17072.10, from the year the improvement is completed to the year in which the sale is made. In the event a statewide cost index for class B construction is not available, the school district shall use a factor equal to the average statewide cost index for class B construction for the preceding 10 calendar years. In no event shall the price be less than 25 percent of the fair market value of the property described in this section or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (d) Land that is leased pursuant to this section shall be leased at an annual rate of not more than 5 percent of the maximum sales price determined pursuant to subdivision (c), adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1 of the applicable year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (e) The sale or lease of the real property of a school district, as authorized under subdivision (a), shall not occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390. (f) This section shall only apply to real property identified by a school district as surplus property after July 1, 2012. A school district selling or leasing surplus property is not required to offer that property to a charter school pursuant to this section on or after July 1, 2016. (g) The construction of a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section shall comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365). The reconstruction or alteration of, or an addition to, a school building, as defined in Section 17368, located on real property purchased by a charter school pursuant to this section is required to comply with the design and construction requirements pursuant to Article 3 (commencing with Section 17280) and Article 6 (commencing with Section 17365) only if the building complied with those sections on the date the real property was purchased by the charter school. (h) A charter school selling real property obtained pursuant to this section shall use the proceeds only for capital outlay, maintenance, and other facility-related costs. (Amended by Stats. 2013, Ch. 48, Sec. 21. (AB 86) Effective July 1, 2013.)
  28. 17458.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may first offer certain surplus real property for sale or lease to a contracting agency, but the property must be used for child care and development services for at least five years, and hearings must be held before any sale or lease occurs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17458. (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a school district complying with Section 101238.2 of Title 22 of the California Code of Regulations and seeking to sell or lease real property it deems to be surplus property and for which a charter school has not accepted an offer to purchase or lease pursuant to Section 17457.5, may first offer that property for sale or lease to a contracting agency, as defined in Section 8208, pursuant to the following conditions: (1) The real property sold or leased shall be used by the contracting agency, or by a successor in interest to the contracting agency, exclusively for the delivery of child care and development services, as defined in Section 8208, for a period of not less than five years from the date upon which the real property is made available to that agency, or successor in interest, pursuant to the sale, or, in the event of a lease, until the real property is returned to the possession of the school district, whichever occurs earlier. (2) In the event that the contracting agency, or any successor in interest, fails to comply with the condition set forth in paragraph (1), that agency, or successor in interest, that purchased the real property, is required immediately to offer that real property for sale pursuant to this article and Article 5 (commencing with Section 17485) and to sell the property pursuant to those provisions. The agency, or its successor in interest, shall comply, in that regard, with all requirements under those provisions that would otherwise apply to a school district, except that a sale price computed under subdivision (a) of Section 17491 shall be based upon the cost of acquisition incurred by the school district that sold the property pursuant to this subdivision, rather than that incurred by the contracting agency or its successor in interest. In the event, alternatively, of a lease of real property pursuant to this subdivision, the failure by the contracting agency, or any successor in interest, to comply with paragraph (1) shall constitute a breach of the lease, entitling the school district to immediate possession of the real property, in addition to any damages to which the school district may be entitled under the lease agreement. (3) The school district, and each of the entities authorized to receive offers of sale pursuant to this article or Article 5 (commencing with Section 17485), has standing to enforce the conditions set forth in this subdivision, and shall be entitled to the payment of reasonable attorneys’ fees incurred as a prevailing party in any action or proceeding brought to enforce any of those conditions. (b) No sale or lease of the real property of a school district, as authorized under subdivision (a), may occur until the school district advisory committee has held hearings pursuant to subdivision (c) of Section 17390. (c) This section is in addition to, and shall not limit the requirements of, Article 5 (commencing with Section 17485), but this section may be used with regard to property that the governing board of a school district may retain under Section 17490. (Amended by Stats. 2012, Ch. 38, Sec. 37.5. (SB 1016) Effective June 27, 2012.)
  29. 17459.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Sales of real property under this article are subject to another set of Government Code provisions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17459. The sale of real property pursuant to this article shall be subject to the provisions of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  30. 17460.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The West Contra Costa Unified School District may lease real property under this section, but it must notify the Controller when it does, and the Controller must pay defaulted rent to the trustee after written notice, subject to limits and later withholding.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17460. (a) Notwithstanding subdivision (c) of this section or Sections 17456, 17457, and 42133, the West Contra Costa Unified School District, formerly known as the Richmond Unified School District, may enter into an agreement to lease any real property pursuant to Section 17456 and may use the financing proceeds from the agreement to terminate the Lease-Purchase Agreement, dated May 1, 1988, between the Richmond Unified School District Financing Corporation and the Richmond Unified School District. However, any property that has been leased, rented, sold, or otherwise utilized pursuant to Section 41470 may not be leased pursuant to this section. (b) The West Contra Costa Unified School District shall notify the Controller at the time the district enters into a lease agreement pursuant to subdivision (a). That notice shall set forth a schedule of the rental payments payable under the lease agreement and shall include the name and address of the trustee to whom the right to receive the rental payments has been assigned. (c) Upon written notification by the trustee that the school district has not made one or more of the rental payments required by the terms of the lease, the Controller shall pay to the trustee from Section A of the State School Fund the defaulted rental payment. That payment by the Controller shall not exceed the amount of any apportionment entitlement of the district to moneys in Section A of the State School Fund, less any payments required in that fiscal year to repay any state loans made to the district. The Controller shall withhold the amount of any payment made under this subdivision, including reimbursement of the Controller’s administrative costs as determined under a schedule approved by the California Debt Advisory Commission, from subsequent apportionments to the West Contra Costa Unified School District from Section A of the State School Fund. (d) Nothing in this section shall be construed to obligate the state to make any payment to, or on behalf of, the West Contra Costa Unified School District from Section A of the State School Fund in any amount, pursuant to any particular allocation formula, or to make any other payment to, or on behalf of, the district, including, but not limited to, any payment of those rental payments. (e) Any apportionments made by the Controller pursuant to subdivision (c) shall be deemed to be an allocation to the West Contra Costa Unified School District for purposes of subdivision (b) of Section 8 of Article XVI of the California Constitution, and for purposes of Chapter 2 (commencing with Section 41200) of Part 24. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  31. 17461.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may, by majority vote, delegate leasing authority to a designated officer or employee in two specified situations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17461. (a) The governing board of any school district that has, by majority vote, established a standard rate or rates for the lease pursuant to this article of its real property may, by majority vote, delegate to the officer or employee as the governing board may designate, the power to enter into any lease, for and on behalf of the district, of any real property of the school district, with respect to which real property either the district has received only one sealed proposal that conforms with the existing standard rate or rates, from a responsible bidder, and no oral bid that would meet the requirements of Section 17473, or the lease is to be entered into pursuant to Section 17480. (b) The governing board of any school district may, by majority vote, delegate to such officer or employee as the governing board may designate, the power to enter into any lease, permit, or agreement for the use by the district of buildings or other facilities if the use is to be granted to the district without charge. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  32. 17462.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Money from selling or leasing certain school district property must be used for allowed capital or maintenance purposes, and not for ongoing operating costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17462. (a) The funds derived from the sale of surplus property shall be used for capital outlay or for costs of maintenance of school district property that the governing board of the school district determines will not recur within a five-year period. Proceeds from a lease of school district property with an option to purchase may be deposited into a restricted fund for the routine repair of district facilities, as defined by the State Allocation Board, for up to a five-year period. In addition, the proceeds from the sale or lease with option to purchase may be deposited in the general fund of the district if the school district governing board and the State Allocation Board have determined that the district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase, and the district has no major deferred maintenance requirements. Proceeds from the sale or lease with option to purchase of school district property shall be used for one-time expenditures, and may not be used for ongoing expenditures including, but not limited to, salaries and other general operating expenses. (b) The proceeds may also be deposited into a special reserve fund for capital outlay, for costs of maintenance of school district property that the governing board determines will not recur within a five-year period, or for the future maintenance and renovation of schoolsites if the district governing board and the State Allocation Board have determined that the district has no anticipated need for schoolsites or building construction or major deferred maintenance projects for a ten-year period following the sale or lease with option to purchase. Proceeds deposited in the special reserve fund shall not be available for general operating expenses as provided in Section 42842. (c) The State Allocation Board, in consultation with the department, shall adopt regulations that govern the use of proceeds pursuant to this section for one-time expenditures and define ongoing expenditures for purposes of subdivision (a). (d) Notwithstanding a determination by the State Allocation Board pursuant to subdivision (a) that a school district has no anticipated need for additional sites or building construction for the ten-year period following the sale or lease with option to purchase of surplus school property, the district may apply for new construction or modernization funding pursuant to this chapter if both of the following conditions are satisfied: (1) Five years have elapsed since the date upon which the sale or lease with option to purchase was executed. (2) The State Allocation Board determines that the district has demonstrated enrollment growth or a need for additional sites or building construction that the district could not have easily anticipated at the time the board made its original determination that the district had no anticipated need for the ten-year period following the sale or lease with option to purchase. (Amended by Stats. 2006, Ch. 810, Sec. 1. Effective January 1, 2007.)
  33. 17462.3.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The State Allocation Board may set up a program that requires certain school entities to return state funding money when they sell qualifying real property and specified conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17462.3. (a) The State Allocation Board may establish a program that requires a school district, county office of education, or charter school that sells real property that was purchased with or modernized with, or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, to return to the State Allocation Board the moneys the school district, county office of education, or charter school received from the state school facilities funding program for the purchase, modernization, or construction if all of the following conditions are met: (1) The real property is not sold to a charter school pursuant to Section 17457.5, a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services pursuant to Section 17458. (2) The proceeds from the sale of the real property are not used for capital outlay. (3) The real property was purchased, or the improvements were constructed or modernized on the real property, within 10 years before the real property is sold. (b) The moneys to be returned to the State Allocation Board under this section are those received within 10 years before the real property is sold. (c) If a portion of the real property is sold, a proportionate amount of funds received from a state school facilities funding program shall be returned to the State Allocation Board under this section based on the percentage of the real property sold. (Amended by Stats. 2014, Ch. 262, Sec. 1. (AB 1664) Effective January 1, 2015.)
  34. 17462.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board must reduce a hardship assistance apportionment by the amount of certain surplus-property sale proceeds, for five years after the expenditure.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17462.7. The board shall reduce an apportionment of hardship assistance awarded to a school district pursuant to Article 8 (commencing with Section 17075.10) by an amount equal to the amount of any proceeds from the sale of surplus property used for a one-time expenditure of the school district pursuant to Section 17462.5 for five years following the expenditure. (Added by Stats. 2003, Ch. 891, Sec. 2. Effective January 1, 2004.)
  35. 17463.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Some small school districts may put interest from surplus-property sale proceeds into the general fund, but only if they follow the required planning and review steps.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17463. Notwithstanding Section 17462, a school district having an average daily attendance of less than 10,001 in any fiscal year may deposit any and all interest earned on the funds derived from the sale in that fiscal year of surplus property into the general fund of the school district for any general fund purpose, subject to the following conditions: (a) Before that deposit, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for a period of five years following that sale, together with a declaration of the finding by the governing board of the school district that the school facilities needs of the school district can be met over that five-year period without funding or other assistance from any state school facilities funding program. No later than the date upon which that initial five-year period concludes, the school district shall submit to the State Allocation Board a capital outlay plan for the school district for the subsequent five-year period. (b) Before the decision to place that interest money into the school district’s general fund, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend that money to meet the school district’s needs relative to capital outlay, facilities, modernization, and deferred maintenance. In addition, as to any interest money deposited into the school district’s general fund pursuant to this section, the governing board of the school district shall consider the extent to which it is necessary or appropriate to expend the money to meet the school district’s needs relative to ongoing maintenance before expending that money for any other purpose. (c) A school district that deposits interest into its general fund pursuant to the authority set forth in this section shall not be eligible during the 10-year period described in subdivision (a) for funding or other assistance under Chapter 12 (commencing with Section 17000) or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program. (d) If a school district seeks state funding pursuant to Chapter 12 (commencing with Section 17000) of Part 10, Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program, on or after the expiration of the 10-year period specified in subdivision (c), any state funding received by the school district from the program shall be reduced by any remaining funds derived from the sale of that surplus property by the school district and any unencumbered interest earned on those funds. (Amended by Stats. 2015, Ch. 386, Sec. 11. (SB 436) Effective January 1, 2016.)
  36. 17463.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain named school districts with an outstanding emergency apportionment loan may sell or lease surplus real property and use the proceeds for loan-related debt or facility improvements, but doing so makes them ineligible for financial hardship assistance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17463.5. (a) For purposes of this section, “designated school district” means the Inglewood Unified School District, the Oakland Unified School District, the South Monterey County Joint Union High School District, and the Vallejo City Unified School District. (b) (1) Notwithstanding Sections 17456, 17457, 17462, 17462.7, and 17463, or any other law, until the emergency apportionment loan is repaid, a designated school district with an outstanding emergency apportionment loan pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, may sell or lease surplus real property, together with any personal property located on the real property, owned by the designated school district and use the proceeds from the sale or lease to service, reduce, or retire the debt on the emergency apportionment loan, or for capital improvements of the facilities of the designated school district pursuant to subdivisions (a) and (b) of Section 17462. (2) The sale or lease of surplus real property pursuant to this subdivision shall be sold or leased pursuant to Section 17458, 17464, or 17489, as applicable. (c) Notwithstanding any other law, a designated school district that uses the proceeds from the sale or lease of surplus real property pursuant to subdivision (b) shall not be eligible for financial hardship assistance pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10. (d) Nothing in this section shall be construed as modifying the responsibility of a designated school district to accommodate pupils in accordance with Section 47614. (e) Nothing in this section shall exclude the designated school districts with outstanding emergency apportionment loans, pursuant to Article 2 (commencing with Section 41320) of Chapter 3 of Part 24 of Division 3 of Title 2, as of July 1, 2018, except as provided in subdivision (c), from participating in or benefitting from any program authorized pursuant to Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), or Chapter 14 (commencing with Section 17085) of Part 10, or any other state school facilities funding program. (f) Notwithstanding any other law, this section shall not be subject to waiver by the state board pursuant to Section 33050 or by the Superintendent. (Added by Stats. 2018, Ch. 426, Sec. 5. (AB 1840) Effective September 17, 2018.)
  37. 17463.7.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may deposit proceeds from selling or leasing certain surplus real property into its general fund and use them for one-time general fund purposes, but there are limits, reporting duties, and pre-exercise filings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17463.7. (a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal property located on the property, purchased with nonstate funds, into the general fund of the school district and may use the proceeds for any one-time general fund purpose. If the purchase of the property was made using the proceeds of a local general obligation bond or revenue derived from developer fees, the amount of the proceeds of the transaction that may be deposited into the general fund of the school district may not exceed the percentage computed by the difference between the purchase price of the property and the proceeds from the transaction, divided by the amount of the proceeds of the transaction. For purposes of this section, proceeds of the transaction means either of the following, as appropriate: (1) The amount realized from the sale of property after reasonable expenses related to the sale. (2) For a transaction that does not result in a lump-sum payment of the proceeds of the transaction, the proceeds of the transaction shall be calculated as the net present value of the future cashflow generated by the transaction. (b) The State Allocation Board shall reduce an apportionment of hardship assistance awarded to the particular school district pursuant to Article 8 (commencing with Section 17075.10) of Chapter 12.5 of Part 10, except an apportionment of hardship assistance awarded pursuant to paragraph (2) of subdivision (b) of Section 17075.10, by an amount equal to the amount of the sale of surplus real property used for a one-time expenditure of the school district pursuant to this section. (c) Before a school district exercises the authority granted pursuant to this section, the governing board of the school district shall first submit to the State Allocation Board documents certifying both of the following: (1) The sale of real property pursuant to this section does not violate the provisions of a local bond act. (2) The real property is not suitable to meet projected school construction needs for the next 10 years. (d) Before the school district exercises the authority granted pursuant to this section, the governing board of the school district shall adopt a plan at a public meeting for expending one-time resources pursuant to this section. The plan shall identify the source and the intended use of the surplus property proceeds and describe the reasons why the expenditure will not result in ongoing fiscal obligations for the school district. (e) (1) Except for the sale or lease of surplus real property that has previously operated, or was constructed to be operated, as an early childhood education facility or a school for elementary and secondary instruction, the governing board of a school district shall not be required to appoint a school district advisory committee pursuant to Article 1.5 (commencing with Section 17387). (2) It is the intent of the Legislature to allow a school district to meet the requirements to offer surplus properties set forth in the Education and Government Codes by making an offer simultaneously to all applicable entities. (f) The Office of Public School Construction shall submit an interim and a final report to the State Allocation Board and the budget, education policy, and fiscal committees of the Legislature that identifies the school districts that have exercised the authority granted by this section, the amount of proceeds involved, and the purposes for which those proceeds were used. The interim report shall be submitted by June 1, 2022, and the final report shall be submitted by January 1, 2026. (g) For any transaction for the sale or lease of surplus property a school district initiates pursuant to this section before June 30, 2024, the proceeds from the sale or lease transaction that are received after June 30, 2024, shall be considered proceeds that can be deposited in accordance with this section. (h) Subdivisions (a) to (e), inclusive, shall become inoperative on July 1, 2024, subdivision (f) shall become inoperative on January 15, 2026, and this section as of January 1, 2027, is repealed. (Amended by Stats. 2021, Ch. 124, Sec. 17. (AB 938) Effective January 1, 2022. Repealed as of January 1, 2027, by its own provisions.)
  38. 17464.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district selling or leasing real property with an option to purchase must follow the section’s priority order and notice procedures.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17464. Except as provided for in Article 2 (commencing with Section 17230) of Chapter 1, the sale or lease with an option to purchase of real property by a school district shall be in accordance with the following priorities and procedures: (a) First, the property shall be offered for sale or lease pursuant to Section 17457.5 to any interested charter school for purposes of providing direct instruction or instructional support. (b) Second, the property shall be offered for park or recreational purposes pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, in any instance in which that article is applicable. (c) Third, the property shall be offered for sale or lease with an option to purchase, at fair market value in both of the following ways: (1) In writing, to the Director of General Services, the Regents of the University of California, the Trustees of the California State University, the county and city in which the property is situated, to any public housing authority in the county in which the property is situated, and to any entity referenced in paragraph (2) that has submitted a written request to the school district to be directly notified of the offer for sale or lease with an option to purchase the real property by the school district. (2) By public notice to any public district, public authority, public agency, public corporation, or any other political subdivision in this state, to the federal government, and to nonprofit charitable corporations existing on December 31, 1979, and organized pursuant to Part 3 (commencing with Section 10200) of Division 2 of Title 1 of the Corporations Code then in effect or organized on or after January 1, 1980, as a public benefit corporation under Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Public notice shall consist of at least publishing its intention to dispose of the real property in a newspaper of general circulation within the school district, or if there is no newspaper of general circulation in the school district, then in any newspaper of general circulation that is regularly circulated in the school district. The notice shall specify that the property is being made available to all public districts, public authorities, public agencies, and other political subdivisions or public corporations in this state, and to other nonprofit charitable or nonprofit public benefit corporations. (d) Publication of notice pursuant to this section shall be once each week for three successive weeks. Three publications in a newspaper regularly published once a week or more often, with at least five days intervening between the respective publication dates not counting the publication dates, are sufficient. The written notice required by paragraph (1) of subdivision (c) shall be mailed no later than the date of the second published notice. (e) The entity desiring to purchase or lease the property shall, within 60 days after the third publication of notice, notify the school district of its intent to purchase or lease the property. If the entity desiring to purchase or lease the property and the school district are unable to arrive at a mutually satisfactory price or lease payment during the 60-day period, the property may be disposed of as otherwise provided in this section. In the event the school district receives offers from more than one entity pursuant to this subdivision, the school district governing board may determine which of these offers to accept. (f) Fourth, the property may be disposed of in any other manner authorized by law. (g) This section shall become operative January 1, 1988. (Amended by Stats. 2012, Ch. 38, Sec. 37.7. (SB 1016) Effective June 27, 2012.)
  39. 17465.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School district governing boards that want to lease vacant classrooms must first offer them for special education use, give written notice, and follow timing and lease-term limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17465. (a) As used in this section, the terms “district,” “special education local plan area,” and “county office” have the same meaning as prescribed by Part 30 (commencing with Section 56000). (b) The governing board of a school district that adopts a resolution of intent to lease vacant classrooms shall first offer to lease the classrooms for special education programs that are provided by either other districts that comprise part of the special education local plan area in which the leasing district is included or by the county office having jurisdiction over the leasing district, to the pupils of the leasing district, in whole or in part. (c) Upon adoption of the resolution, the governing board shall notify, in writing, other districts or the county office, as specified in subdivision (b), of its intent to lease vacant classrooms. The notice shall describe the vacant classrooms, shall specify that the lease shall not exceed a term of 99 years and that the lease payment and other terms of the lease are subject to negotiation, and shall state that the offer to lease is valid for no more than 60 days after receipt thereof. (d) Notwithstanding Section 17466, the governing board may include in its resolution a time for a public meeting of the governing board to be held at its regular place of meeting at which sealed proposals to lease will be received and considered, and, notwithstanding Section 17469, may post copies of the resolution and publish notice of the adoption of the resolution. However, the governing board shall not act on any proposal prior to the first of the following conditions occurring: (1) Receipt from the county superintendent or the public education agency, as appropriate, of its intent to lease the classrooms or of its intent not to do so. (2) Expiration of the 60-day period prescribed by subdivision (c). (e) An entity desiring to lease the vacant classrooms shall, within 60 days from receipt of the notification, inform the governing board, in writing, of its intent to lease or not to lease the classrooms. (f) (1) The lease payments and other terms of the lease for vacant classrooms leased to other districts or to the county office, as specified in subdivision (b), shall be negotiated by the entity desiring to lease the vacant classrooms and the governing board. Any entity eligible to lease vacant classrooms pursuant to this section and any governing board may negotiate lease payments prior to the availability of the vacant classrooms. (2) The lease payments shall not exceed the district’s actual costs for maintenance, operation, and custodial services for the leased classrooms. (3) If more than one governing board offers to lease classrooms, the entity desiring to lease such classrooms may elect to negotiate either individually with each district, or jointly, with some or all of such districts. If the entity elects joint negotiations, the lease payments shall not exceed the participating districts’ average actual costs for maintenance, operation, and custodial services for the leased classrooms. (g) If the governing board and the entity desiring to lease the classrooms are unable to complete negotiations for the lease and arrive at a mutually satisfactory lease within the same 60-day period that the entity has to inform the governing board of its intent to lease or not lease, the governing board may lease the classrooms in accordance with the provisions of this article. (h) If vacant classrooms are available in both operating and nonoperating schools, the governing board, prior to adopting a resolution of intent to lease, shall consider which school would provide the environment least restrictive to the needs of handicapped pupils or individuals with exceptional needs, as appropriate, for whom the county superintendent or public education agency provides special education programs. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  40. 17466.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a governing board sells or leases property, it must adopt a resolution in a regular open meeting by a two-thirds vote.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17466. Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a resolution, declaring its intention to sell or lease the property, as the case may be. The resolution shall describe the property proposed to be sold or leased in such manner as to identify it and shall specify the minimum price or rental and the terms upon which it will be sold or leased and the commission, or rate thereof, if any, which the board will pay to a licensed real estate broker out of the minimum price or rental. The resolution shall fix a time not less than three weeks thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which sealed proposals to purchase or lease will be received and considered. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  41. 17467.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A qualifying school district governing board may publish a lease notice instead of the Section 17466 declaration, but the notice must identify the property, state the minimum rental and lease terms, and set a public meeting at least 15 days later.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17467. (a) In lieu of the declaration of intention to lease real property provided in Section 17466, the governing board of any school district having an average daily attendance of 250,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in a manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its regular place of meeting at which the proposal to lease will be received and considered. (b) The governing board by majority vote may adopt a ruling delegating to an officer or employee of the school district as the governing board may designate, authority to perform the duties prescribed in this section. (c) Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article. (Amended by Stats. 2022, Ch. 920, Sec. 2. (SB 913) Effective January 1, 2023.)
  42. 17468.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If the board chooses to offer a broker commission, it must put that commission in the resolution and can pay it only when the accepted proposal or bid names the broker and the commission amount or rate; payment must come only from sale or rental proceeds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17468. If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any proposal, the commission shall be specified in the resolution. No commission shall be paid unless there is contained in or with the sealed proposal or stated in or with the oral bid, which is finally accepted, the name of the licensed real estate broker to whom it is to be paid, and the amount or rate thereof. Any commission shall, however, be paid only out of money received by the board from the sale or rental of the real property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  43. 17469.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Notice of the resolution adoption and meeting time/place must be posted and published before the meeting.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17469. Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the board or by a majority thereof in three public places in the district, not less than 15 days before the date of the meeting, and by publishing the notice not less than once a week for three successive weeks before the meeting in a newspaper of general circulation published in the county in which the district or any part thereof is situated, if any such newspaper is published therein. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  44. 17470.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school district plans to sell certain real property, its governing board must try to notify the former owner in writing by certified mail at least 60 days before the public meeting.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17470. (a) The governing board of a school district that intends to sell real property pursuant to this article shall take reasonable steps to ensure that the former owner from whom the district acquired the property receives notice of the public meeting prescribed by Section 17466, in writing, by certified mail, at least 60 days prior to the meeting. (b) The governing board of a school district shall not be required to accord the former owner the right to purchase the property at the tentatively accepted highest bid price nor to offer to sell the property to the former owner at the tentatively accepted highest bid price. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  45. 17471.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school district governing board unanimously finds the monthly rental value of proposed leased real property is $50 or less, the resolution does not have to be posted and may be published before the meeting date in specified newspapers.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17471. Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value of the property does not exceed the sum of fifty dollars ($50), the resolution need not be posted and may, before the date of the meeting, be published in two successive issues of a weekly newspaper or in five successive issues of a daily newspaper. The newspaper in which the notice is published shall be one published in the district and having a general circulation there; or if there is no newspaper, then one having a general circulation in the district; or if there is no newspaper, then in one having a general circulation in a county in which the district or any part thereof is situated. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  46. 17472.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board must open, examine, and declare all sealed proposals in public session at the time and place set in the resolution.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17472. At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be opened, examined, and declared by the board. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or to lease and which are made by responsible bidders, the proposal which is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless a higher oral bid is accepted or the board rejects all bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  47. 17473.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before accepting a written proposal, the board must call for oral bids.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17473. Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the property or to lease the property, as the case may be, upon the terms and conditions specified in the resolution, for a price or rental exceeding by at least 5 percent, the highest written proposal, after deducting the commission, if any, to be paid a licensed real estate broker in connection therewith, then the oral bid which is the highest after deducting any commission to be paid a licensed real estate broker, in connection therewith, which is made by a responsible person, shall be finally accepted. Final acceptance shall not be made, however, until the oral bid is reduced to writing and signed by the offeror. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  48. 17474.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school property sale is confirmed on a higher oral bid, the board must pay commission according to the split stated here.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17474. In the event of a sale on a higher oral bid to a purchaser procured by a licensed real estate broker, other than the broker who submitted the highest written proposal, and who is qualified as provided in Section 17468 of this code, the board shall allow a commission on the full amount for which the sale is confirmed. One-half of the commission on the amount of the highest written proposal shall be paid to the broker who submitted it, and the balance of the commission on the purchase price to the broker who procured the purchaser to whom the sale was confirmed. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  49. 17475.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing body may make final acceptance at the same session or at an adjourned session of the same meeting held within 10 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17475. The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next following. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  50. 17476.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing body may reject all bids and withdraw the property from sale or lease if it decides that doing so is in the best public interest.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17476. The governing body may at the session, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  51. 17477.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A governing board may lease school property only after the article’s conditions are met, and the lease must be approved by majority vote at a public meeting.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17477. (a) (1) If the governing board has complied with the provisions of this article, and no proposals are submitted or the proposals submitted do not conform with all terms and conditions specified in the resolution of intent to lease, the governing board may within one year thereafter, or one year after the passage of 30 days from the rejection of a public entity’s nonconforming proposal, as appropriate, lease such real property, together with any personal property located thereon, to any lessee, at a price not less than fair market value in accordance with any terms and conditions agreed upon by the governing board and the lessee, except that the term of a lease shall not exceed three years. Sections 17461, 17464, and 17466 to 17469, inclusive, and Sections 17471 to 17473, inclusive, shall not apply to the lease. (2) The governing board may by majority vote delegate an officer or employee of the district, or any other third person, to secure a lessee and to negotiate the terms and conditions of the lease. However, the lease shall not be executed unless the governing board by majority vote, at a public meeting, approves the lease. (3) If a public entity has submitted a nonconforming proposal, the governing board shall not take any action pursuant to this subdivision until 30 days after the rejection of the proposal. (b) Subdivision (a) shall not apply if a public entity has submitted a proposal that does not conform with all the terms and conditions specified in the resolution of intent to lease, and if the public entity requests, in writing, within 30 days from the rejection of its proposal, that the governing board lease the real property, subject to the resolution of intent, in accordance with this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  52. 17478.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If the governing body accepts a bid, its president, presiding officer, or members may execute and deliver the deed or lease once the purchaser or lessee has performed and complied with the contract terms due at the same time.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17478. Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his or her contract to be performed concurrently therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  53. 17479.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section says school district governing boards are not blocked by Sections 17455 to 17542 from acquiring, leasing, or subleasing property under Military and Veterans Code Section 1261.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17479. Nothing in Sections 17455 to 17542, inclusive, shall prevent the governing board of any school district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  54. 17480.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease certain district buildings, grounds, space, and related personal property for up to 30 calendar days in each fiscal year, on terms the board and lessee agree to, without following other provisions of this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17480. The governing board of any school district may, without complying with any other provision of this article, let in the name of the district any buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon any terms and conditions as may be agreed upon by the governing board of the district and the lessee thereof for a period not exceeding 30 separate or consecutive calendar days or portions thereof in each fiscal year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  55. 17481.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease certain school district property for up to three months if two-thirds of its members vote to do so and the property cannot be developed because funds are unavailable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17481. In addition to any other authority to lease real property, the governing board of a school district, by a two-thirds vote of its members, may lease, for a term not exceeding three months, school district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon any terms and conditions that the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  56. 17482.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may sell or lease a district building and site with county supervisors’ approval if the stated conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17482. The governing board of a school district may, with the approval of the county board of supervisors, sell or lease any building of the district together with the site upon which the building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist: (a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly of persons residing in the community in which the building and site are situated. (b) The building is not suitable for school purposes. (c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a). (d) The sale or lease is to be executed for a consideration to enure to the school district reflecting the fair market value of the property, or its fair rental value, as the case may be, except that the sale may be executed for a consideration that is less than the fair market value of the property if all of the following conditions exist: (1) More than 50 percent of the buildings on the site have been designated as historically significant by the State Historical Resources Commission. (2) For a period of 25 years, commencing with the date that possession of the property is transferred, the building or buildings designated pursuant to paragraph (1) shall be used and maintained for public benefit as an historical resource, and the site shall otherwise be available for public access and use, including, but not limited to, park and recreational uses. Any violation of this condition shall result in the automatic reversion of title to the property so transferred, without remuneration, to the transferor school district. The condition set forth in this paragraph does not prohibit any use of the site that is necessary or appropriate to its use and maintenance for historical purposes. (3) The consideration paid is equal to or greater than the sum of the actual cost of the acquisition of the property by the school district and the actual cost of any capital improvements made to the property. (e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  57. 17483.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Not complying with this article does not invalidate a transfer or conveyance of real property to a purchaser or encumbrancer for value.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17483. The failure to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  58. 17484.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may sell certain district property to another district it governs, without bids or other code requirements, and the sold property must be removed within 60 days.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Sale or Lease of Real Property [17455 - 17484] ( Article 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17484. The governing board of any school district, constituting the governing body of an elementary district, a high school district, or any two of those districts, may sell any building, structure, or other fixture, belonging to one of its respective districts to another district governed by it, for an amount to be fixed by the governing body, without advertisement for or receipt of bids or compliance with any other provisions of this code. Whenever any property is sold under this section it shall be removed from the premises of the district selling it within 60 days from the date of the sale. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  59. 17485.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature states that this article is meant to let school districts recover their investment in surplus property while allowing other government agencies to keep it available for recreation and open space.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17485. The Legislature is concerned that school playgrounds, playing fields, and recreational real property will be lost for those uses by the surrounding communities even if those communities in their planning process have assumed that the properties would be permanently available for recreational purposes. It is the intent of the Legislature in enacting this article to allow school districts to recover their investment in surplus property while making it possible for other agencies of government to acquire the property and keep it available for playground, playing field or other outdoor recreational and open-space purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  60. 17486.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This article applies to certain schoolsites owned by a school district that the governing board decides to sell or lease, if the site includes recreational open-space land used for those purposes for at least eight years and there is no adequate nearby publicly owned land to meet community needs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17486. This article shall apply to any schoolsite owned by a school district, which the governing board determines to sell or lease, and with respect to which the following conditions exist: (a) Either the whole or a portion of the schoolsite consists of land which is used for school playground, playing field, or other outdoor recreational purposes and open-space land particularly suited for recreational purposes. (b) The land described in subdivision (a) has been used for one or more of the purposes specified therein for at least eight years immediately preceding the date of the governing board’s determination to sell or lease the schoolsite. (c) No other available publicly owned land in the vicinity of the schoolsite is adequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open-space purposes, as determined by the governing body of the public agency which proposes to purchase or lease land from the school district, pursuant to Section 17492. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  61. 17487.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “schoolsite” and “governing board” for this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17487. As used in this article, “schoolsite” means a parcel of land, or two or more contiguous parcels, which is owned by a school district. “Governing board” means the governing board of the school district which owns the schoolsite. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  62. 17488.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may sell or lease certain schoolsites, and any sale or lease must follow this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17488. The governing board of any school district may sell or lease any schoolsite containing land described in Section 17486, and, if the governing board decides to sell or lease such land, it shall do so in accordance with the provisions of this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  63. 17489.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a school district sells or leases certain schoolsite land, it must first offer it in a set priority order to specified public agencies, unless a charter school has already accepted or other listed conditions apply.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17489. (a) (1) Other than as specified in paragraph (2), and notwithstanding Section 54222 of the Government Code, the governing board of a school district, before selling or leasing a schoolsite containing land described in Section 17486, excluding that portion of a schoolsite retained by the governing board of the school district pursuant to Section 17490, shall, if a charter school has not accepted an offer to purchase or lease the schoolsite pursuant to Section 17457.5, first offer to sell or lease that portion of the schoolsite consisting of land described in Section 17486, excluding that portion retained by the governing board of the school district pursuant to Section 17490, to the following public agencies in accordance with the following priorities: (A) First, to any city within which the land may be situated. (B) Second, to any park or recreation district within which the land may be situated. (C) Third, to any regional park authority having jurisdiction within the area in which the land is situated. (D) Fourth, to any county within which the land may be situated. (2) The governing board of a school district, before selling or leasing a schoolsite to which paragraph (1) would otherwise apply, but which was purchased with or modernized with, or on which improvements were constructed that were funded with, any moneys from a state school facilities funding program, and to which subdivision (a) of Section 17462.3 is applicable, after first offering the schoolsite for sale or lease to a charter school that has requested notification pursuant to Section 17457.5, may offer to sell or lease the property to another school district, a county office of education, or a governmental entity that provides child care and development services pursuant to Section 17458 before offering to sell or lease the property to the entities listed in subparagraphs (A) to (D), inclusive, of paragraph (1). (b) The governing board of the school district shall have discretion to determine whether the offer shall be an offer to sell or an offer to lease. (c) An entity which proposes to purchase or lease a schoolsite offered by a school district shall notify the school district of its intention, in writing, within 60 days after receiving written notification from the school district of its offer to sell or lease. (Amended by Stats. 2014, Ch. 262, Sec. 2. (AB 1664) Effective January 1, 2015.)
  64. 17490.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing board may keep part of a schoolsite with buildings or structures, plus nearby land needed to keep that part from falling below 50% of fair market value.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17490. In determining what portion of a schoolsite shall be offered for sale or lease pursuant to this article, the governing board may retain any part of the schoolsite containing structures or buildings, together with such land adjacent thereto which, as determined by the governing board, must be included in order to avoid reducing the value of that part of the schoolsite containing such structures or buildings to less than 50 percent of fair market value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  65. 17491.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section sets price rules for certain schoolsite land sales and leases, including minimum and maximum sale prices and a cap on lease rates.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17491. (a) Except as otherwise provided in subdivision (b) or (e), the price at which land described in Section 17486, excluding that portion of a schoolsite retained by the governing board pursuant to Section 17490, is sold pursuant to this article shall not exceed the school district’s cost of acquisition, calculated as a pro rata cost of acquiring the entire parcel comprising the schoolsite, adjusted by a factor equivalent to the percentage increase or decrease in the cost of living from the date of purchase to the year in which the offer of sale is made, plus the cost of any improvement to the recreational and open-space portion of the land which the school district has made since its acquisition of the land. In no event shall the price be less than 25 percent of the fair market value of the land described in Section 17486 or less than the amount necessary to retire the share of local bonded indebtedness plus the amount of the original cost of the approved state aid applications on the property, excluding that portion of a schoolsite retained by the governing board pursuant to Section 17489, at the time of the offer. These provisions shall apply to land that the school district acquired by gift or for consideration. (b) A school district that offers a portion of a schoolsite for sale may offer such portion of property for sale at its fair market value, provided the school district offers an equivalent size alternative portion of that schoolsite for school playground, playing field, or other recreational and open-space purposes. (c) Land which is leased pursuant to this article shall be leased at an annual rate of not more than 1/20th of the maximum sales price determined pursuant to subdivision (a) of this section, adjusted annually by a factor equivalent to the percentage increase or decrease in the cost of living for the immediately preceding year. (d) The percentage of annual increase or decrease in the cost of living shall be the amount shown for January 1st of the appropriate year by the then current Bureau of Labor Statistics Consumers Price Index for the area in which the schoolsite is located. (e) Whenever a school district closes a schoolsite and sells any land described in Section 17486 pursuant to this article to help pay only for capital outlay costs incurred directly as a result of the transfer of pupils from the closed school to another school or other schools of the district, the sale price of the property determined pursuant to subdivision (a) shall be increased by an amount equal to the additional costs incurred due to the school closure. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  66. 17492.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A public agency’s governing body must first make a two-thirds-approved finding before buying or leasing school-district land under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17492. The governing body of a public agency which proposes to purchase or lease land from a school district pursuant to this article shall first make a finding, approved by a vote of two-thirds of its members, that public lands in the vicinity of the schoolsite are inadequate to meet the existing and foreseeable needs of the community for playground, playing field, or other outdoor recreational and open-space purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  67. 17493.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A public agency may not buy surplus school property from a school district unless it has first adopted a purchase plan, and that plan must cover the sites, the portion to be bought, and at least 70% of the acreage the agency does not want to buy.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17493. (a) No public agency may purchase surplus school property from a school district pursuant to this article unless it has first adopted a plan for the purchase of surplus school property. The plan shall designate the surplus site or sites all or a portion of which the public agency desires to purchase at the price established pursuant to this article and shall designate at least 70 percent of the total surplus school acreage as property which the agency does not desire to purchase at the price established pursuant to this article. Where the plan indicates that the agency desires to purchase only a portion of a schoolsite at the price established pursuant to this article, it shall designate the percent of the property to be so purchased and provide a description of the general location of the property to be purchased, without designating the metes and bounds. (b) Any property designated by public agencies as surplus schoolsites which the agencies do not wish to purchase, pursuant to subdivision (a), may be sold or leased by a school district without regard to this article. (c) This section shall become operative on April 1, 1982. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  68. 17494.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Public agencies must keep covered land in recreational/open-space use, and school districts have a reacquisition right if the land is no longer needed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17494. Any land purchased or leased by a public agency pursuant to this article shall thereafter be maintained by such agency for playground, playing field, or other outdoor recreational and open-space uses. Land which prior to its sale or lease was used for playground or playing field purposes, shall continue to be maintained for such use by the acquiring agency, unless the governing body of that agency, by a two-thirds vote at a public hearing, determines that there is no longer a significant need for the land to be so used, in which case the land may thereafter be used for other outdoor recreational or open-space purposes. The school district may, at any time, reacquire the land at a price calculated in the manner prescribed in Section 17491, and the rights of reacquisition provided in this section shall be set forth in the deed or other instrument of transfer. If the governing board of the public agency determines that the land is no longer needed for playground, playing field, or other outdoor recreational and open-space purposes, the public agency shall offer the property to the school district for reacquisition under this section, and the school district shall notify the public agency within 60 days of its intent to reacquire the land. If the school district intends to sell the property within one year of the reacquisition date, the school district may finance the reacquisition of the land by lien against the proceeds to be obtained from the sale of the land by the school district. If the school district fails to give the public agency timely notice of its intent to reacquire the property, or if it fails to exercise its right of reacquisition, the public agency may use or dispose of the property. For purposes of this section, “cost of acquisition,” as used in Section 17491, shall refer to the cost at which the land was acquired by the public agency. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  69. 17495.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s sale or lease of land under this article is governed by Article 2 and Article 4, unless this article conflicts with them; if there is a conflict, this article controls.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17495. The sale or lease of land by a school district pursuant to this article shall be subject to, and governed by, the provisions of Article 2 (commencing with Section 17230) of Chapter 1 and Article 4 (commencing with Section 17455), except to the extent that the provisions of this article are inconsistent with a provision or provisions of Article 2 or 4, in which event the provisions of this article shall govern the sale or lease. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  70. 17496.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If a school district fails to comply with this article, that failure does not invalidate a real-property transfer or conveyance to a purchaser or encumbrancer for value.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17496. Failure by the school district to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for value. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  71. 17497.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may exempt limited numbers of surplus schoolsites from this article in specific acquisition or expansion situations, but one older park-lease schoolsite is excluded from the exemption.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17497. Notwithstanding the other provisions of this article, any school district governing board may designate not more than two surplus schoolsites as exempt from the provisions of this article for each planned schoolsite acquisition if the school district has an immediate need for an additional schoolsite and is actively seeking to acquire an additional site, and may exempt not more than one surplus schoolsite if the district is seeking immediate expansion of the classroom capacity of an existing school by 50 percent or more. The exemption provided for by this section shall be inapplicable to any schoolsite which, under a lease executed on or before July 1, 1974, with a term of 10 years, was leased to a city of under 100,000 population for park purposes, was improved at city expense, and used for public park purposes. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  72. 17498.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district with a qualifying schoolsite may use alternative agreements about the property instead of only selling or leasing it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17498. A school district having a schoolsite described in Section 17486 may, as an alternative to sale or lease of the land pursuant to the foregoing provisions of this article, enter into other forms of agreement concerning the disposition of the property with any entity enumerated in Section 17489, in accordance with the priorities therein specified, including, but not limited to each of the following: (a) An agreement to lease to such entity all or part of the schoolsite for a specified term, with an option to purchase such properties at the end of the term. (b) An agreement granting to the entity a permanent open-space easement for recreational use over a portion of the leased site. (c) If the lessee or a grantee under an agreement is an entity having zoning powers, an agreement requiring the entity to rezone any portion of the property retained by the school district in accordance with conditions specified in the agreement, to the extent that rezoning in accordance with the conditions is in compliance with applicable laws of the state. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  73. 17499.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Public agencies may not buy or lease more than 30% of a school district’s surplus school acreage under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17499. (a)No more than 30 percent of the total surplus school acreage owned by a school district may be purchased or leased by public agencies pursuant to this article. (b) The right of any public agency to purchase or lease surplus school property pursuant to this article shall exist only with respect to an amount of surplus school acreage within its jurisdictional boundaries which, when added to the surplus school acreage within its jurisdictional boundaries already purchased or leased pursuant to this article, will not exceed 30 percent of the surplus school acreage owned by the school district which is within the jurisdictional boundaries of that agency. (c) For purposes of this section, “surplus school acreage” of a school district means property which is owned by a district and not used for school purposes, including, but not limited to, undeveloped property and property which contains school buildings that are not in use as a result of a school closure and which is not subject to any lease or agreement executed on or before July 1, 1974, for a term in excess of six years, in which any city containing a population of less than 100,000 had use of the property for park purposes on January 1, 1981, and had improved the property. (d) Nothing in this section shall be construed to deny local agencies the opportunity to purchase at full market value all or part of the 70 percent of the total surplus school acreage which is not affected by this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  74. 1750.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may, if the county board of education approves, hire one or more supervisors of health to provide health services to pupils in certain small districts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 1750. The county superintendent of schools may, with the approval of the county board of education, employ one or more supervisors of health, as supervisors of health are defined in Section 49420, to provide health services to pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, to pupils in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and to pupils in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year. (Enacted by Stats. 1976, Ch. 1010.)
  75. 17500.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This article does not apply to school districts with more than 250,000 pupils in average daily attendance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property [17485 - 17500] ( Article 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17500. This article shall not apply to any school district having more than 250,000 pupils in average daily attendance. (Amended by Stats. 2022, Ch. 920, Sec. 3. (SB 913) Effective January 1, 2023.)
  76. 1751.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may, with county board approval, contract for health services instead of employing health supervisors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 1751. In lieu of employing supervisors of health, the county superintendent of schools may, with the approval of the county board of education, contract with the board of supervisors of the county in which he holds office, or with any local health district located wholly or partially within such county, for the provision of health services by employees of the county health department or local health district to pupils in the school districts specified in Section 1750. (Enacted by Stats. 1976, Ch. 1010.)
  77. 17510.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may enter a community lease for gas extraction on district-owned land, if it complies with this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17510. The governing board of a school district may, upon complying with this article, enter into and be a party to a community lease to which a city or other public agency and one or more private persons or private agencies are also parties for the leasing of the parcels of lands owned by the district and the other parties for the extraction and taking of gas not associated with oil, on the terms and conditions that the governing board of the district may prescribe. The lease may be entered into without complying with any provisions of this code except as provided in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  78. 17511.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board may not enter into a lease unless a resolution approving it is unanimously adopted and the resolution is published for three weeks before the lease is signed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17511. The board shall not enter into and be a party to any lease unless the following conditions have been met: (a) A resolution authorizing that action and prescribing the terms of the lease has been adopted by the unanimous vote of all the members elected or appointed to the board. (b) The resolution has been published in a newspaper of general circulation published in the district, or if there be no newspaper, in a newspaper having a general circulation in the district, once a week for three weeks prior to the execution of the lease by the board. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  79. 17512.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Gas-production wells may not be drilled on district-owned land leased under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 7. Leasing for Production of Gas [17510 - 17512] ( Article 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17512. No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  80. 17515.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may lease or make agreements for shared use of real property and buildings, and those buildings are subject to local zoning and building code rules unless the use is solely educational.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17515. Any school district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements that, as agreed upon by the parties, are appropriate for the proper operation or function of the building to be occupied jointly by the district and the private person, firm, or corporation. It also includes the permanent improvement of school grounds. Any building, or portion thereof, that is used by a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated. Section 53094 of the Government Code shall not be applicable to uses of school district property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes. (Amended by Stats. 2009, Ch. 383, Sec. 1. (AB 1080) Effective January 1, 2010.)
  81. 17516.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board must own the site and complete site-selection approval requirements before entering into a lease or agreement under this article, unless the building will be acquired by purchase under the specified purchase article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17516. (a) Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be used by the district and private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites. (b) This section shall not apply to any building to be acquired by purchase pursuant to Article 2 (commencing with Section 17110) of Chapter 16 of Part 10. (Amended by Stats. 2009, Ch. 383, Sec. 2. (AB 1080) Effective January 1, 2010.)
  82. 17517.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s lease or agreement under this article cannot last longer than 99 years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17517. The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years. (Amended by Stats. 2018, Ch. 204, Sec. 2. (AB 1406) Effective January 1, 2019.)
  83. 17518.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease district property for joint-use buildings if the lease requires the lessee to build or arrange for buildings to be used by both parties.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17518. (a) The governing board of a school district may let to any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation, any real property that belongs to the district if the instrument by which the property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the school district and the private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation during the term of the agreement. (b) However, title to that portion of the building to be occupied by the private individual, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to that portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the school district. No rental fee or other charge for the use of the building shall be paid by the district. (Amended by Stats. 2009, Ch. 383, Sec. 3. (AB 1080) Effective January 1, 2010.)
  84. 17519.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may lease real property under this article on terms the parties agree to, and the lease can proceed without following other code provisions except as this article provides.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17519. Any lease of real property by a school district to a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation pursuant to this article shall be upon the terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article. However, any lease or agreement pursuant to this article shall be subject to Article 7 (commencing with Section 35230) of Chapter 2 of Part 21. (Amended by Stats. 2009, Ch. 383, Sec. 4. (AB 1080) Effective January 1, 2010.)
  85. 1752.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    The county superintendent of schools may, with county board approval, make an agreement with a school district board to provide health services, and the agreement must set payment terms and require transfer of the stated amounts to the county school service fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 1752. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any school district under his jurisdiction for the provision of any or all health services to the district by the county superintendent of schools. The agreement shall provide for the payment of the cost of providing the services. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.)
  86. 17520.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a school district board enters a lease or agreement under this article, it must comply with Section 17521.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17520. Before entering into a lease or agreement pursuant to this article, the governing board of a school district shall comply with Section 17521. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  87. 17521.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board must adopt a resolution, describe the site and intended district use, set a public meeting at least 90 days later, and receive and consider submitted plans or proposals.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17521. For the purposes of receiving proposals for the joint occupancy of a building to be constructed on school property, the board shall, in a regular open meeting, adopt a resolution declaring its intention to consider the proposals. The resolution shall describe the proposed site on which the building to be jointly occupied is to be constructed in a manner so as to identify the site, shall specify the intended use of that portion of the building that is to be occupied by the district, and shall fix a time not less than 90 days thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which meeting the board shall receive and consider all plans or proposals submitted. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  88. 17522.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Notice of adoption of the resolution and the meeting details must be published in a qualifying newspaper once a week for three weeks.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17522. Notice of adoption of the resolution and the time and place of holding the meeting shall be given by publishing the resolution at least once a week for three weeks in a newspaper of general circulation published in the district if there is one, or if none is published in the district, in a newspaper published in the county. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  89. 17523.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board must meet at the time and place set in the resolution and consider all submitted plans and proposals for joint occupancy of the building.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17523. At the time and place fixed in the resolution for the meeting of the governing board, the board shall meet and consider all plans and proposals submitted for the joint occupancy of the building to be constructed on the proposed schoolsite. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  90. 17524.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The school district governing board may choose the best proposal and make a contract, and it must require a bond or irrevocable letter of credit from anyone it contracts with under this article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17524. (a) After considering all proposals submitted, the governing board of the school district may, subject to Section 17525, select the plan or proposal that best meets the needs of the school district and enter into a contract incorporating that plan or proposal either as submitted or as revised by the governing board of the school district. (b) The governing board shall require any person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section 4420 of the Government Code, or corporation with whom it enters into a lease or agreement pursuant to this article to file one of the following, as determined by the governing board: (1) A bond for the performance of the lease or agreement. (2) An irrevocable letter of credit issued by a state or national bank or a federal or state credit union for the performance of the lease or agreement. (Amended by Stats. 2020, Ch. 24, Sec. 15. (SB 98) Effective June 29, 2020.)
  91. 17525.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Buildings constructed for a school district under this article must comply with specified code sections and other rules on school building structure.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17525. Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive, and all other provisions of this code relating to the physical structure of school buildings. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  92. 17526.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    If there is a conflict, the provisions of this article control over other laws.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 8. Joint Occupancy [17515 - 17526] ( Article 8 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17526. The provisions of this article prevail over any provisions of law that conflict therewith. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  93. 17527.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease or rent unused classroom or other school space to listed groups, but not to private K–12 educational institutions, and must give first priority to special education programs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  94. 17528.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    This section defines “building” for this article to include certain onsite and offsite facilities, utilities, improvements, and permanent improvements of school grounds.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17528. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  95. 17529.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before a school district board enters a lease or agreement under this article, it must determine that the proposed joint use will not interfere with education, disrupt nearby residents, or endanger children.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17529. 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) Interfere with the educational program or activities of any school or class conducted upon the real property or in any building. (b) Unduly disrupt the residents in the surrounding neighborhood. (c) Jeopardize the safety of the children of the school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  96. 1753.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    Health-related services must be performed by qualified persons with the specified credential, diploma, or health-specialized services credential.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 1753. The services described in Sections 1750, 1751, and 1752 shall be performed by persons who hold a valid health and development credential, or life diploma based thereon, or a services credential with a specialization in health issued by the Commission on Teacher Credentialing. (Amended by Stats. 2024, Ch. 471, Sec. 3. (SB 1329) Effective January 1, 2025.)
  97. 17530.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board that enters into a lease under this article must follow the applicable rules in Article 4 starting at Section 17455.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17530. 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). (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  98. 17531.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School districts may lease classroom space over the 45% per-school limit only with a two-thirds board vote and a finding that the leases fit the school’s educational purpose; the district-wide leased classroom space still cannot exceed 30%.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  99. 17532.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may lease vacant classroom space above the 30% districtwide limit if the lease is for a day care center, nursery school, or special education class.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17532. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  100. 17533.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A local agency with general planning jurisdiction may require a school district to follow zoning, permit, construction, or safety rules when the district leases part of a school building for nonpublic or noneducation uses.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17533. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  101. 17534.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s agreement under this article generally cannot run longer than five years.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  102. 17535.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district generally may not rent or lease vacant classrooms or other space in operating schools for less than fair market rental, except that it may do so for public entities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 9. Joint Use [17527 - 17535] ( Article 9 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  103. 17536.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may exchange the district’s real property for real property owned by another person or private business firm.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17536. The governing board of a school district may exchange any of its real property for real property of another person or private business firm. Any exchange shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this article. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  104. 17537.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before ordering an exchange of real property, the board must adopt a resolution approving the intention to exchange and describing the property and terms.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17537. Before ordering any exchange of real property the board shall adopt, by a two-thirds vote of its members, a resolution declaring its intention to exchange the property. The resolution shall describe the properties to be exchanged in a manner to identify them, and the terms and conditions, not including the price, upon which they will be exchanged. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  105. 17538.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may exchange certain property for other roadway property if specified approvals and safety opinions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 10. Exchange of Property [17536 - 17538] ( Article 10 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17538. The governing board of any school district which has acquired title to property included within an application which has been approved by the State Allocation Board for state school building aid and which property is to be used as an access roadway to the schoolsite may exchange the property for other property to be used as an access roadway which abuts a state highway, if in the opinion of the Division of Highways in the Department of Transportation there is objection to the first access roadway, and if in the opinion of the governing board the property acquired by the exchange will afford more safety to the pupils of the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  106. 1754.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. )

    Verify source ↗

    A supervisor of health employed by the county superintendent of schools must carry out the duties assigned by the county superintendent, and the county superintendent must make the rules for health services under Sections 1750, 1751, and 1752.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 6. Supervision of Health [1750 - 1754] ( Article 6 enacted by Stats. 1976, Ch. 1010. ) ## 1754. A supervisor of health employed by the county superintendent of schools shall perform such duties in connection with the supervision of health of pupils as are prescribed by the county superintendent of schools. All rules governing health services provided pursuant to Sections 1750, 1751, or 1752 shall be made by the county superintendent of schools. (Enacted by Stats. 1976, Ch. 1010.)
  107. 17540.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School district governing boards may sell district personal property or school supplies to listed public entities and eligible agencies, and may buy property for resale, subject to the section’s price rule and no-bids exception.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17540. The governing board of any school district may sell any personal property or school supplies belonging to the district to the federal government or its agencies, to the state, to any county, city and county, city or special district, or to any other school district or any agency eligible under the federal surplus property law, (40 U.S.C. Sec. 484(j)(3)) and the governing board of another school district may purchase the property, for an amount equal to the cost thereof plus the estimated cost of purchasing, storing, and handling the property, without advertisement for or receipt of bids or compliance with any other provisions of this code. The governing board of any school district may purchase any personal property or school supplies for the purpose of selling them, pursuant to this section. This section does not authorize the purchase, for the purpose of resale, of standard school supplies and equipment by any elementary school district governed by school trustees. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  108. 17541.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Section 17541 says Section 17540 applies to certain sales of personal property from a unified school district to the city or city and county with matching boundaries.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17541. The provisions of Section 17540 shall be applicable to a sale of personal property from a unified school district whose boundaries are coterminous with a city or city and county to that city or city and county. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  109. 17542.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School district governing boards may sell or lease used personal property to specified public entities, and another school district may buy or lease it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 13. Sale or Lease of Personal Property by One District to Another [17540 - 17542] ( Article 13 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17542. The governing board of any school district may sell or lease used personal property belonging to the district to the federal government or its agencies, to the state, to any county, city and county, city or special district, or to any other school district, and the governing board of another school district may purchase or lease the property. The selling price and the terms of sale, or the lease price and the terms of lease shall be fixed by the governing boards of the school districts effecting the sale or lease, and approved by the county superintendent of schools. The sale or lease may be made without advertisement for or receipt of bids, or compliance with any other provisions of this code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  110. 17545.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may sell certain district personal property, but only after the required notice period and sale process are followed.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  111. 17546.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may allow certain property to be sold without advertising, and may authorize donation or dump disposal, if specified value or bid conditions are met.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 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) 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) 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  112. 17547.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Money from the sale must be credited to the fund used for the original purchase, or to the district’s general or reserve fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17547. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  113. 17548.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may sell replacement personal property through a bid notice process, and it must award the contract to the lowest responsible bidder or reject all bids.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17548. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  114. 17549.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may exchange certain instructional household appliances and equipment for new like-kind property without bids, but the exchange cost is capped.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17549. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  115. 17550.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may require bidders on certain school building contracts to agree to buy and remove specified old materials and state the deduction from the bid price. The board must award the contract to the responsible bidder with the lowest net bid, or reject all bids.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17550. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  116. 17551.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may authorize an officer or employee to sell pupil-made district property to a pupil at the district’s materials cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17551. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  117. 17552.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may sell needed materials to adults in district classes, but not below cost; products made from those materials belong to the person who made them.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17552. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  118. 17553.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may sell, give, exchange, or license certain district-prepared published materials and copyrights, but must follow board regulations and keep public-agency license charges at or below preparation and reproduction cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17553. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  119. 17554.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may make agreements with an agricultural cooperative or association to maintain, harvest, or sell agricultural products grown on district land.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17554. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  120. 17555.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may sell or lease district personal property to a private educational institution for a summer school use in a district facility covered by a lease or agreement under Section 17527.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 14. Sale of Personal Property [17545 - 17555] ( Article 14 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17555. 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. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  121. 17556.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district board may give or transfer district real property, or grant utility easements, without first holding a vote of the district electors.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17556. The governing board of any school district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal corporation thereof, for public street or highway purposes, either with or without consideration and without a vote of the electors of the district first being taken, any real property belonging to the district, either in fee or any lesser estate or interest therein, including abutter’s right of access to any public street or highway; and may dedicate or convey to any public corporation, or private corporation engaged in the public utility business, without a vote of the electors of the district first being taken, an easement to lay, construct, reconstruct, maintain, and operate water, sewer, gas, or storm drain pipes or ditches, electric or telephone lines, and access roads used in connection therewith, over and upon any land belonging to the school district, upon such terms and conditions as the parties thereto may agree. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  122. 17557.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Before property is dedicated or conveyed, the governing board must adopt a resolution in a regular open meeting by a two-thirds vote and set a public meeting at least 10 days later.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17557. Before ordering the dedication or conveyance of any property the governing board shall in regular open meeting by a two-thirds vote of all its members adopt a resolution declaring its intention to dedicate or convey the property. The resolution shall describe the property proposed to be dedicated or conveyed in such manner as to identify it, and shall specify the purposes for which and the terms upon which it will be dedicated or conveyed, and shall fix a time not less than 10 days thereafter for a public meeting of the governing board to be held at its regular place of meeting for a public hearing upon the question of making the dedication or conveyance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  123. 17558.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The board must give public notice of the resolution and meeting by posting and publishing it within the stated time limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17558. Notice of adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the members of the board, or by a majority thereof, in three public places in the district not less than 10 days before the date of the meeting, and by publishing the notice once not less than five days before the date of the meeting in a newspaper of general circulation, published in the district, if there is one, or, if there is no such newspaper published in the district, then in a newspaper published in the county in which the district or any part thereof is situated and having a general circulation in the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  124. 17559.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing board must hold the public hearing at the time and place set in its resolution, and it may later adopt a resolution to authorize deed execution and delivery if no protest is entered.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17559. At the time and place fixed in the resolution for the meeting of the governing board the public hearing shall be held, and the governing board may at the meeting, or at any other meeting of the governing board held within 60 days thereafter, unless a protest is entered, adopt a resolution by a two-thirds vote of all its members authorizing and directing the president of the governing board, or any other presiding officer, or the secretary, or the members thereof, to execute a deed of dedication or conveyance of the property and to deliver it. Upon the delivery and acceptance of the deed the dedication or conveyance is fully effective. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  125. 17560.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A protest petition signed by at least 10% of the district’s qualified electors may be filed. If a protest is filed, the governing board must send the question to the county superintendent, whose decision is final.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17560. A petition protesting against the proposed dedication or conveyance signed by at least 10 percent of the qualified electors of the district, as shown by the affidavit of one of the petitioners, may be filed with the governing board at the meeting held at the time and place fixed in the resolution. If a protest is filed, the governing board shall, before taking any further action on the proposed dedication or conveyance, submit the question of whether the proposed dedication or conveyance should be made, to the superintendent of schools of the county having jurisdiction over the district, whose decision is final. If the superintendent approves the proposed dedication or conveyance, the board may proceed as provided in Section 17559. If the superintendent of schools does not approve the proposed dedication or conveyance, no further proceedings shall be had thereon. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  126. 17561.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    When this section applies, school districts can satisfy the article’s requirements by posting a notice of intention to convey in an appropriate location before the conveyance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 4. Property: Sale,Lease, Exchange [17385 - 17561] ( Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 15. Dedication of Real Property [17556 - 17561] ( Article 15 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17561. Whenever school districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a schoolsite or forming an intersection at a schoolsite location, and when such street or highway rights-of-way are being conveyed to the city or county or by the city or county to the school district, the requirements of this article shall be deemed satisfied solely by posting a notice of intention to convey in an appropriate location before conveyance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  127. 17565.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The governing board of a school district must furnish, repair, and insure school property against fire, and may rent it or insure it against other perils.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17565. The governing board of any school district shall furnish, repair, insure against fire, and in its discretion rent the school property of its districts. The governing board may also insure the property against other perils. The insurance shall be written in any admitted insurer, or in any nonadmitted insurer to the extent and subject to the conditions prescribed in Section 1763 of the Insurance Code. Insurance on property of a district may be, in the discretion of the governing board, of the deductible type of coverage. By deductible type of coverage is meant a form of insurance under which the insurance becomes operative when the loss and damage exceeds an amount stipulated in the policy or policies. The governing board, in their notice of bid for any school district construction, may indicate that it may elect to assume the cost of fire insurance by adding the coverage to the district’s existing policy and in that event bids made on the construction shall be made in the alternative, with and without the fire insurance coverage included, and the governing board shall make its election as to who shall secure and pay for the insurance at the time of accepting the bid. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  128. 17566.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district’s governing board may set up and manage a fund for losses and payments, but the district must get an actuary before funding health and welfare benefits and must repeat actuarial reviews every three years after funding starts.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17566. (a) The governing board of any school district, by resolution, may establish a fund or funds for losses, and payments, including, but not limited to, health and welfare benefits for its employees as defined by Section 53200 of the Government Code, school district property, any liability, and workers’ compensation, in the county treasury for the purpose of covering the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. In the fund or funds shall be placed those sums, to be provided in the budget of the school district, that will create an amount that, together with investments made from the fund or funds, will be sufficient in the judgment of the governing board to protect the school district from those losses or to provide for payments on the deductible amount under deductible types of insurance policies, losses or payments arising from self-insurance programs, or losses or payments due to noninsured perils. Nothing in this section shall be construed to prohibit the governing board from providing protection against those losses or liability for the payment of claims partly by means of the fund or funds and partly by means of insurance written by acceptable insurers as provided in Section 17565. The fund or funds shall be considered as separate and apart from all other funds of the school district, and the balance therein shall not be considered to be part of the working cash of the school district in compiling annual budgets. Warrants may be drawn on or transfers made from the fund or funds so created only to reimburse or indemnify the school district for losses as herein specified, and for the payment of claims, administrative costs, and related services, and to provide for deductible insurance amounts and purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund or funds as established by resolution of the governing board. The cash placed in the fund or funds may be invested and reinvested by the county treasurer, with the advice and consent of the governing board of the school district, in securities that are legal investments for surplus county funds in this state. The income derived from the investments, together with interest earned on uninvested funds, shall be considered revenue of, and be deposited in, the fund. The cost of contracts or services authorized by this section are appropriate charges against the respective fund. The governing board may contract for investigative, administrative, and claims adjustment services relating to claims. The contract may provide that the contracting firm may reject, settle, compromise, and approve claims against the district, or its officers or employees, within the limits and for amounts that the governing board may specify, and may provide that the contracting firm may execute and issue checks in payment of those claims, which checks shall be payable only from a trust account that may be established by the governing board. Funds in the trust account established by the board pursuant to this section shall not exceed a sum that is sufficient, as determined by the governing board to provide for the settlement of claims for a 30-day period. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of the claim by the governing board. The contract may also provide that the contracting firm may employ legal counsel, subject to terms and limitations that the board may prescribe, to advise the contracting firm concerning the legality and advisability of rejecting, settling, compromising, and paying claims referred to the contracting firm by the board for investigation and adjustment, or to represent the board in litigation concerning the claims. The compensation and expenses of the attorney for services rendered to the board shall be an appropriate charge against the appropriate fund. The contract provided for in this section may contain other terms and conditions that the governing board may consider necessary or desirable to effectuate the board’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the governing board may authorize an employee or employees to perform any or all of the services and functions for which the board may contract under the provisions of this section. (b) As used in this section: (1) “Firm” includes a person, corporation, or other legal entity, including a county superintendent of schools. (2) “Governing boards” includes governing boards of school districts and county superintendents of schools. (3) “School district” includes a county superintendent of schools who may participate in or administer insurance or self-insurance programs for the county office of education or for one or more school districts. (c) A county superintendent of schools may participate in or administer insurance for one or more school districts pursuant to this section or for one or more community college districts pursuant to Section 81602, for any combination of school districts and community college districts pursuant to this section and Section 81602. (d) Prior to funding health and welfare benefits pursuant to this section, the school district shall secure the services of an actuary who is a member of the American Academy of Actuaries to provide actuarial evaluations of the future annual costs of those benefits. The future annual costs as determined by the actuary shall be made public at a public meeting at least two weeks prior to the commencement of funding health and welfare benefits pursuant to this section. (e) Upon commencing the funding of health and welfare benefits pursuant to this section, the school district shall secure the services of an actuary as described in subdivision (d) to complete, every three years, an actuarial evaluation of the annual costs of those benefits. A copy of the results of that evaluation shall be submitted by the district to the county superintendent of schools. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  129. 17567.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The code does not bar two or more school districts from acting together under a joint powers agreement to exercise the powers listed in Section 17566.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17567. Nothing in this code shall be construed to prohibit two or more school districts from exercising, through a joint powers agreement made pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the powers prescribed in Section 17566 in accordance with the terms and conditions set forth in that section and in Section 17565. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  130. 17568.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Certain school districts may create a county-treasury fund for fire losses, and the county treasurer must report on it quarterly.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17568. In districts situated within or partly within cities having a population of over five hundred thousand (500,000) as determined by the 1920 federal census any board of education may establish a fund in the county treasury for the purpose of covering fire losses to school property in lieu of carrying fire insurance in admitted insurers as provided in Section 17565. In the fund shall be placed sums, to be provided in the budget of the district, as will create an amount which, together with investments made from the fund, will be sufficient in the judgment of the board of education upon the advice of competent actuaries to protect the board of education against losses by fire on all or any part of the school property within its jurisdiction. Nothing contained herein shall be construed as prohibiting the board of education from providing protection against fire losses partly by means of the fund and partly by means of fire insurance written by admitted insurers as provided in Section 17565. The fund shall be considered as separate and apart from all other funds of the district and the balance therein shall not be considered as being part of the working cash of the district in compiling annual budgets or fixing annual tax rates. Warrants shall be drawn on, or transfers made from, the fund so created only to reimburse or indemnify the school district for losses as herein specified, and for the payment of claims, administrative costs, related services, and to provide for deductible insurance amounts and the purchase of excess insurance. The warrants or transfers shall be within the purpose of the fund as established by resolution of the governing board. The cash placed in the fund may be invested and reinvested by the county treasurer with the advice and consent of the board of education in securities which are legal investments for surplus county funds in this state. The income derived from such investments together with interest earned on uninvested funds shall be considered revenue of and be deposited in the fund. The county treasurer shall make quarterly reports to the board of education as to the condition of the fund, using as a basis for the report the cost or market value, whichever may be the lower, of the securities held as investments plus the cash in the fund. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  131. 17569.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may make certain public improvements, acquire related property rights, and appropriate money for those improvements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17569. The governing board of any school district may grade, pave, construct sewers, or otherwise improve streets and other public places in front of real property owned or controlled by it, and also may construct in immediate proximity to any school or site owned or controlled by the district, pedestrian tunnels, overpasses, footbridges, sewers and water pipes when required for school or administrative purposes, may acquire property, easements and rights-of-way for such purpose, and may appropriate money to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  132. 17570.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may build pedestrian routes and buy the land rights needed for them when the work is needed for pupil safety.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17570. Any provision to the contrary notwithstanding, the governing board of any school district, other than a city school district with over 50,000 pupils in average daily attendance during the preceding fiscal year, may construct pedestrian walks, footbridges, and pedestrian tunnels when required for the safety of pupils attending the schools of the district, may acquire easements and rights-of-way for those purposes, and may appropriate money to acquire such easements and rights-of-way and to pay the cost and expense of the improvements, whether made by the board under contract executed by the board, or under contracts made in pursuance of any of the general laws of the state respecting street improvements, or under other contracts made in pursuance of the charter of any county or municipality. Pedestrian walks, footbridges, and pedestrian tunnels shall be constructed, and such easements or rights-of-way for those purposes shall be acquired, within one mile of the school for the pupils of which the walks, bridges, and tunnels are necessary. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  133. 17571.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may install and maintain lighting systems in underpasses near a schoolhouse.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17571. The governing board of any school district may install and maintain a lighting system in any underpass in the vicinity of a schoolhouse. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  134. 17572.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may use district money to pay certain assessments on district-controlled property for street or public-place improvements, subject to specified conditions and funding limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17572. The governing board of any school district may appropriate money to pay assessments, for the improvement of streets or other public places, levied against any real property owned by, or under the control of the board, when the property is included within an assessment district formed in pursuance of any general law of the state or under the charter of any municipality. The assessments may be paid out of any funds belonging to the school district, except funds derived from the sale of bonds or required by law to be used for teachers’ salaries. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  135. 17573.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School district governing boards must provide a warm, healthful place for children who bring their own lunches to eat them.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17573. The governing board of every school district shall provide a warm, healthful place in which children who bring their own lunches to school may eat the lunches. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  136. 17574.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may build a mobilehome site on district property and may pay related utility, insurance, and service costs. People allowed to live there must agree to provide surveillance as required and report illegal or suspicious activity to district authorities.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17574. The governing board of a school district may construct a mobilehome site on the grounds of any district facility or facilities maintained by the district, including all necessary appurtenances and fixtures, and may pay the cost of utilities, insurance, and necessary services, for the purpose of enabling a responsible person or persons to install and occupy a mobilehome on such site. Such person or persons, who need not be classified as employees of the district, shall, in return for being permitted to install and occupy a mobilehome on the district facility site on terms and conditions acceptable to the governing board, agree to maintain any surveillance over the facility grounds as the school district governing board requires, and to report to district authorities illegal or suspicious activities that are observed. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  137. 17575.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may lease a building used to house school district employees for any period it considers necessary.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17575. The governing board of any school district, when leasing a building for housing of school district employees, may lease such building for any period they deem necessary. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  138. 17576.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School district governing boards must provide sufficient patent flush water closets for pupils in school buildings, but may use chemical water closets where the water supply is inadequate.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17576. The governing board of every school district shall provide, as an integral part of each school building, or as part of at least one building of a group of separate buildings, sufficient patent flush water closets for the use of the pupils. In school districts where the water supply is inadequate, chemical water closets may be substituted for patent flush water closets by the board. This section shall apply to all buildings existing on September 19, 1947, or constructed after such date. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  139. 17577.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may provide sewer and drainage facilities for school property and may pay related costs from the building fund, including bond money.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17577. In addition to the other powers granted the governing board of each school district may provide sewers and drains adequate to treat and/or dispose of sewage and drainage on or away from each school property. For this purpose it may construct adequate systems or acquire adequate disposal rights in systems constructed or to be constructed by others for these purposes without regard to their proximity. The cost thereof may be paid from the building fund, including any bond moneys therein. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  140. 17578.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Each district governing board with a high school must arrange annual cleaning, sterilizing, and necessary repair of school football equipment.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17578. The governing board of each district maintaining a high school shall provide for the annual cleaning, sterilizing, and necessary repair of football equipment of their respective schools pursuant to Sections 17579 and 17580. (Amended by Stats. 1999, Ch. 646, Sec. 7. Effective January 1, 2000.)
  141. 17579.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Football equipment worn by pupils must be cleaned and sterilized at least once a year, and spring-training football equipment must be cleaned and sterilized before it is used in the following fall term.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17579. All football equipment actually worn by pupils shall be cleaned and sterilized at least once a year. Football equipment used in spring training shall be cleaned and sterilized before it is used in the succeeding fall term. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  142. 17580.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A repair contract for football equipment must specifically state or describe the materials to be used.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17580. Any contract with a dealer or craftsman for the repair of football equipment belonging to the district or the state college shall specifically state or describe the materials to be used by the dealer or craftsman in repairing such equipment. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  143. 17581.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Participants in high school interscholastic football may wear football helmets only if the helmets are certified by an approved certifying agency. School districts still have to keep football protective equipment safe and serviceable.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17581. (a) The Legislature finds and declares that the quality of protective equipment worn by participants in high school interscholastic football is a significant factor in the occurrence of injuries to such participants and that it is therefore necessary to insure minimum standards of quality for the equipment in order to prevent unnecessary injuries to such participants. (b) No football helmets shall be worn by participants in high school interscholastic football unless the equipment has been certified for use by the National Operating Committee on Standards for Athletic Equipment or any other recognized certifying agency in the field. This section shall not be construed as relieving school districts from the duty of maintaining football protective equipment in a safe and serviceable condition. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  144. 17582.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district governing board may create a restricted deferred maintenance fund and use it only for maintenance purposes.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17582. (a) The governing board of a school district may establish a restricted fund to be known as the “district deferred maintenance fund” for purposes including, but not limited to, major repair or replacement of plumbing, heating, air-conditioning, electrical, roofing, and floor systems; the exterior and interior painting of school buildings; the inspection, sampling, and analysis of building materials to determine the presence of asbestos-containing materials; the encapsulation or removal of asbestos-containing materials; the inspection, identification, sampling, and analysis of building materials to determine the presence of lead-containing materials; and the control, management, and removal of lead-containing materials. Funds deposited in the district deferred maintenance fund may be received from any source and shall be accounted for separately from all other funds and accounts and retained in the district deferred maintenance fund for purposes of this section. The term “school building” as used in this article includes a facility that a county office of education is authorized to use pursuant to Article 3 (commencing with Section 17280) of Chapter 3. (b) Funds deposited in the district deferred maintenance fund shall only be expended for maintenance purposes as provided pursuant to subdivision (a). (c) The governing board of each school district shall have complete control over the funds and earnings of funds once deposited in the district deferred maintenance fund. (Amended by Stats. 2015, Ch. 386, Sec. 12. (SB 436) Effective January 1, 2016.)
  145. 17583.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School district governing boards seeking state funding for certain school modernization projects must include inside-lockable classroom-area doors, subject to stated exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17583. (a) (1) If a governing board of a school district applies for state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project for a school facility constructed before January 1, 2012, the governing board of the school district shall include, as part of the modernization project, locks that allow doors to classrooms, and any room with an occupancy of five or more persons, to be locked from the inside of the room, except as provided in paragraph (2). (2) The requirement in paragraph (1) does not apply to doors that are locked from the outside at all times, doors with locks that lock from inside, and pupil restrooms. (b) The locks required by subdivision (a) shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (c) (1) The requirements of this section apply only to those projects seeking funding, as described in paragraph (1) of subdivision (a), on or after January 1, 2019, and that were submitted to the Division of the State Architect for approval on or after January 1, 2019. (2) The requirements of this section shall apply only to those projects that propose to renovate, repair, or modernize the interior of a school building and do not apply to projects that only propose to renovate, repair, or modernize the exterior of a school building, the school grounds, or the playing fields of a school. (Amended by Stats. 2019, Ch. 497, Sec. 39. (AB 991) Effective January 1, 2020.)
  146. 17584.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A local educational agency that seeks certain state funding for a pre-2012 school modernization project must include faucet aerators and water-conserving plumbing fixtures in all bathrooms when submitting the project to the Division of the State Architect.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17584. (a) For purposes of this section, “local educational agency” means a school district, county office of education, or charter school. (b) If a local educational agency intends to seek state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10, for a school modernization project for a school facility constructed before January 1, 2012, the modernization project submitted to the Division of the State Architect shall include faucet aerators and water-conserving plumbing fixtures, as defined in Section 1101.3 of the Civil Code, in all bathrooms. (c) (1) The requirements of this section apply only to those projects submitted to the Division of the State Architect three months after voters approve a statewide general obligation bond that provides funds for school facilities for kindergarten or any of grades 1 to 12, inclusive, at a statewide election occurring after November 1, 2022. (2) The requirements of this section shall apply only to those projects that contain an existing faucet or water plumbing fixture in the space to be modernized or repaired and propose to modernize or repair the interior of a school building and do not apply to projects that only propose to repair or make alterations to the exterior of a school building, the school grounds, or the playing fields of a school. (3) Bathrooms that already contain both faucet aerators and water-conserving plumbing fixtures, as defined in Section 1101.3 of the Civil Code, at the time a modernization project is submitted to the Division of the State Architect, shall not be subject to the requirements in subdivision (b). (Added by Stats. 2022, Ch. 434, Sec. 1. (AB 1867) Effective January 1, 2023.)
  147. 17585.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

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    If certain school entities seek state funding for a school modernization project, the application must include an all-gender restroom at qualifying schoolsites.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17585. (a) If the governing board of a school district, a county board of education, or the governing body of a charter school applies for state funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, the application shall include, as part of the modernization project, an all-gender restroom designed exclusively for pupil use, excluding restrooms designated for pupils in transitional kindergarten or kindergarten, at each schoolsite that has not already established an all-gender restroom pursuant to subdivision (b) of Section 35292.5 and for each schoolsite that does not have more than one female restroom and more than one male restroom designated exclusively for pupil use. (b) The requirements of this section apply only to those projects submitted for approval on or after July 1, 2026. (Added by Stats. 2023, Ch. 227, Sec. 2. (SB 760) Effective January 1, 2024.)
  148. 17586.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain school entities must install interior locks on doors in qualifying school-building projects, and the locks must meet Title 24 specifications.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17586. (a) A school district, county office of education, or charter school serving pupils in kindergarten or any of grades 1 to 12, inclusive, that undertakes an addition, alteration, reconstruction, rehabilitation, or retrofit of a school building, shall install interior locks on each door of any room with an occupancy of five or more persons in that school building. (b) The requirement in subdivision (a) does not apply to any of the following: (1) Doors that are locked from the outside at all times, doors with locks that lock from the inside, and pupil restrooms. (2) The maintenance of a school facility for individual projects or tasks under twenty thousand dollars ($20,000). (3) Projects applying for funding pursuant to Chapter 12.5 (commencing with Section 17070.10) of Part 10 for a school modernization project, before January 1, 2025, and that were initially submitted to the Division of the State Architect for approval before January 1, 2025. (c) The locks required by subdivision (a) shall conform to the specifications and requirements set forth in Title 24 of the California Code of Regulations. (d) For purposes of this section, “addition,” “alteration,” “reconstruction,” “rehabilitation,” “retrofit,” “school building,” and “maintenance” have the same meaning as specified in Section 4-314 of Part 1 of Title 24 of the California Code of Regulations. (e) The implementation of this section is contingent upon an appropriation for its purposes in the annual Budget Act or another statute. (Amended by Stats. 2025, Ch. 67, Sec. 45. (AB 1170) Effective January 1, 2026.)
  149. 17589.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The State Allocation Board must develop policies for apportioning funds for asbestos containment or removal in schools.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17589. The State Allocation Board shall develop board policies for the apportionment of funds appropriated for the containment or removal of asbestos materials in schools pursuant to Section 49410. The policies shall provide for the allocation of funds on a matching basis, or the board may determine, based on each application, to increase the allocation to any school district by the amount it determines is necessary to complete critical projects. In making policies pursuant to this section, the board may establish funding priorities based on a determination in each instance as to the imminence of the health hazard posed by the asbestos materials. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  150. 17590.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Asbestos Abatement Fund is created, and its money is continuously appropriated for administration by the State Allocation Board.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17590. The Asbestos Abatement Fund is hereby created, and notwithstanding Section 13340 of the Government Code, all moneys deposited in this fund are continuously appropriated to be administered by the State Allocation Board for the purpose of making allocations to school districts and county offices of education pursuant to Sections 17589 and 49410. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  151. 17592.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Two named joint powers authorities are treated as school districts for specific Education Code sections.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1. Duties of Governing Board [17565 - 17592.5] ( Article 1 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17592.5. The Southern California Regional Occupational Center and the Metropolitan Education District, each of which is a joint powers authority, shall be deemed to be school districts for purposes of Sections 17582, 17589, and 17590. (Amended by Stats. 2015, Ch. 386, Sec. 14. (SB 436) Effective January 1, 2016.)
  152. 17592.70.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. )

    Verify source ↗

    This section creates a grant program for school facilities needs assessments and requires school districts that receive funds to complete assessments and report results.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. ) ## 17592.70. (a) There is hereby established the School Facilities Needs Assessment Grant Program with the purpose to provide for a one-time comprehensive assessment of school facilities needs. The grant program shall be administered by the State Allocation Board. (b) (1) The grants shall be awarded to school districts on behalf of schoolsites ranked in deciles 1 to 3, inclusive, on the Academic Performance Index (API), pursuant to Section 52056, based on the 2003 base API score for each school newly constructed prior to January 1, 2000. (2) For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2003 base API shall include any schools determined by the department to meet either of the following: (A) The school meets all of the following criteria: (i) Does not have a valid base API score for 2003. (ii) Is operating in fiscal year 2004-05 and was operating in fiscal year 2003-04 during the Standardized Testing and Reporting (STAR) Program testing period. (iii) Has a valid base API score for 2002 that was ranked in deciles 1 to 3, inclusive, in that year. (B) The school has an estimated base API score for 2003 that would be in deciles 1 to 3, inclusive. (3) The department shall estimate an API score for any school meeting the criteria of clauses (i) and (ii) of subparagraph (A) of paragraph (2) and not meeting the criteria of clause (iii) of subparagraph (A) of paragraph (2), using available testing scores and any weighting or corrective factors it deems appropriate. The department shall provide those API scores to the Office of Public School Construction and post them on its Web site within 30 days of the enactment of this section. (4) For purposes of this section, schools ranked in deciles 1 to 3, inclusive, on the 2003 base API shall exclude any schools determined by the department to be operated by county offices of education pursuant to Section 56140. (c) The board shall allocate funds pursuant to subdivision (b) to school districts with jurisdiction over eligible schoolsites, based on ten dollars ($10) per pupil enrolled in the eligible school as of October 2003, with a minimum allocation of seven thousand five hundred dollars ($7,500) for each schoolsite. (d) As a condition of receiving funds pursuant to this section, school districts shall do all of the following: (1) Use the funds to develop a comprehensive needs assessment of all schoolsites eligible for grants pursuant to subdivision (b). The assessment shall contain, at a minimum, all of the following information for each schoolsite: (A) The year each building that is currently used for instructional purposes was constructed. (B) The year, if any, each building that is currently used for instructional purposes was last modernized. (C) The pupil capacity of the school. (D) The number of pupils enrolled in the school. (E) The density of the school campus measured in pupils per acre. (F) The total number of classrooms at the school. (G) The age and number of portable classrooms at the school. (H) Whether the school is operating on a multitrack, year-round calendar, and, if so, what type. (I) Whether the school has a cafeteria, or an auditorium or other space used for pupil eating and not for class instruction. (J) The useful life remaining of all major building systems for each structure housing instructional space, including, but not limited to, sewer, water, gas, electrical, roofing, and fire and life safety protection. (K) The estimated costs for five years necessary to maintain functionality of each instructional space to maintain health, safety, and suitable learning environment, as applicable, including classroom, counseling areas, administrative space, libraries, gymnasiums, multipurpose and dining space, and the accessibility to those spaces. (L) A list of necessary repairs. (2) Use the data currently filed with the state as part of the process of applying for and obtaining modernization or construction funds for school facilities, or information that is available in the California Basic Education Data System for the element required in subparagraphs (D), (E), (F), and (G) of paragraph (1). (3) Use the assessment as the baseline for the facilities inspection system required pursuant to subdivision (e) of Section 17070.75. (4) Provide the results of the assessment to the Office of Public School Construction, including a report on the expenditures made in performing the assessment. It is the intent of the Legislature that the assessments be completed as soon as possible, but not later than January 1, 2006. (5) If a school district does not need the full amount of the allocation it receives pursuant to this section, the school district shall expend the remaining funds for making facilities repairs identified in its needs assessment. The school district shall report to the Office of Public School Construction on the repairs completed pursuant to this paragraph and the cost of the repairs. (6) Submit to the Office of Public School Construction an interim report regarding the progress made by the school district in completing the assessments of all eligible schools. (Amended by Stats. 2005, Ch. 677, Sec. 8.5. Effective October 7, 2005.)
  153. 17592.71.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. )

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    This section creates the School Facilities Emergency Repair Account and assigns the State Allocation Board to administer it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. ) ## 17592.71. (a) There is hereby established in the State Treasury the School Facilities Emergency Repair Account. The State Allocation Board shall administer the account. (b) (1) Commencing with the 2005–06 fiscal year, an amount of moneys shall be transferred in the annual Budget Act from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account, equaling 50 percent of the unappropriated balance of the Proposition 98 Reversion Account or one hundred million dollars ($100,000,000), whichever amount is greater. Moneys transferred pursuant to this subdivision shall be used for the purpose of addressing emergency facilities needs pursuant to Section 17592.72. (2) Notwithstanding paragraph (1), for the 2008–09 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall not exceed one hundred one million dollars ($101,000,000). (3) Notwithstanding paragraph (1), for the 2009–10 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (4) Notwithstanding paragraph (1), for the 2010–11 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (5) Notwithstanding paragraph (1), for the 2011–12 fiscal year, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (6) Notwithstanding paragraph (1), for the 2012–13 and 2013–14 fiscal years, the amount of money to be transferred from the Proposition 98 Reversion Account to the School Facilities Emergency Repair Account pursuant to paragraph (1) shall be zero dollars ($0). (c) The Legislature may transfer to the School Facilities Emergency Repair Account other one-time Proposition 98 funds, except funds specified pursuant to Section 41207, as repealed and added by Section 6 of Chapter 216 of the Statutes of 2004. Donations by private entities shall be deposited in the account and, for tax purposes, be treated as otherwise provided by law. (d) Funds shall be transferred pursuant to this section until a total of eight hundred million dollars ($800,000,000) has been disbursed from the School Facilities Emergency Repair Account. (e) Any unencumbered balance available in the School Facilities Emergency Repair Account after July 1, 2018, shall revert to the Proposition 98 Reversion Account. (Amended by Stats. 2017, Ch. 15, Sec. 18. (AB 99) Effective June 27, 2017.)
  154. 17592.72.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. )

    Verify source ↗

    This section makes School Facilities Emergency Repair Account money available for certain low-performing schools and sets rules for emergency repair grants and project approval.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. ) ## 17592.72. (a) (1) For the 2005–06 fiscal year, all moneys in the School Facilities Emergency Repair Account are available for reimbursement to schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index, pursuant to Section 52056, based on the 2003 base Academic Performance Index score for each school, as defined in subdivision (b) of Section 17592.70, to meet the repair costs of the school district projects that meet the criteria specified in subdivisions (c) and (d) and as approved by the State Allocation Board. (2) Commencing with the 2006–07 fiscal year, all moneys in the School Facilities Emergency Repair Account are available for the purpose of providing emergency repair grants to schools ranked in deciles 1 to 3, inclusive, on the Academic Performance Index, pursuant to Section 52056, based on the 2003 base Academic Performance Index score for each school, as defined in subdivision (b) of Section 17592.70, to cover the costs of school district repair projects that meet the criteria specified in subdivisions (c) and (d). The State Allocation Board shall establish a grant application process, grant parameters, substantial progress requirements, and a process for providing certification of the completion of projects. The State Allocation Board shall post the grant application form on its Internet Web site. (3) For subsequent fiscal years, schools shall be eligible for funding based on the Academic Performance Index scores as specified in paragraph (2) of subdivision (c) of Section 1240. (b) (1) It is the intent of the Legislature that each school district exercise due diligence in the administration of deferred maintenance and regular maintenance in order to avoid the occurrence of emergency repairs. (2) Funds made available pursuant to this article shall supplement, not supplant, existing funds available for maintenance of school facilities. (3) The board is authorized to deny future funding pursuant to this article to a school district if the board determines that there is a pattern of failure to exercise due diligence pursuant to paragraph (1) or supplantation. If the board finds a pattern of failure to exercise due diligence, the board shall notify the county superintendent of schools in which the school district is located. (c) (1) For purposes of this article, “emergency facilities needs” means structures or systems that are in a condition that poses a threat to the health and safety of pupils or staff while at school. These projects may include, but are not limited to, the following types of facility repairs or replacements: (A) Gas leaks. (B) Nonfunctioning heating, ventilation, fire sprinklers, or air-conditioning systems. (C) Electrical power failure. (D) Major sewer line stoppage. (E) Major pest or vermin infestation. (F) Broken windows or exterior doors or gates that will not lock and that pose a security risk. (G) Abatement of hazardous materials previously undiscovered that pose an immediate threat to pupil or staff. (H) Structural damage creating a hazardous or uninhabitable condition. (2) For purposes of this section, “emergency facilities needs” does not include any cosmetic or nonessential repairs. (d) For the purpose of this section, structures or components shall only be replaced if it is more cost-effective than repair. (Amended by Stats. 2006, Ch. 704, Sec. 6. Effective January 1, 2007.)
  155. 17592.73.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. )

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    The State Allocation Board must make and update regulations for this article, publish procedures and policies, apportion funds to eligible school districts, provide technical assistance, and file reports to the Legislature and Governor by the stated deadlines.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. ) ## 17592.73. The State Allocation Board shall do all of the following: (a) Adopt regulations and review and amend its regulations, as necessary, pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), for the administration of this article, including those regulations necessary to specify the qualifications of the personnel performing the needs assessment and a method to ensure their independence. The initial regulations adopted pursuant to this article shall be adopted as emergency regulations, and the circumstances related to the initial adoption are hereby deemed to constitute an emergency for this purpose. The initial regulations adopted pursuant to this article shall be adopted by January 31, 2005. (b) Establish and publish any procedures and policies in connection with the administration of this article as it deems necessary. (c) Apportion funds to eligible school districts under this article. (d) Provide technical assistance to school districts to implement this article. (e) Submit an interim status report to the Legislature and the Governor by June 30, 2005, by compiling the reports submitted pursuant to paragraph (6) of subdivision (d) of Section 17592.70. (f) By June 30, 2008, report to the Legislature and the Governor on expenditures pursuant to Section 17592.72 and projections of future expenditures pursuant to Section 17592.72. (Amended by Stats. 2005, Ch. 22, Sec. 31. Effective January 1, 2006.)
  156. 17592.74.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. )

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    Funds given to school districts from the School Facilities Emergency Repair Account for emergency repair grants may not be deposited into a school district deferred maintenance fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 1.5. School Assessments of Buildings and Emergency Repairs Grant Program [17592.70 - 17592.74] ( Article 1.5 added by Stats. 2004, Ch. 899, Sec. 1. ) ## 17592.74. Notwithstanding any other law, the funds provided to school districts from the School Facilities Emergency Repair Account pursuant to this article for the purpose of emergency repair grants shall not be deposited into a school district deferred maintenance fund for purposes described in Section 17582. (Amended by Stats. 2015, Ch. 303, Sec. 65. (AB 731) Effective January 1, 2016.)
  157. 17593.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Duties of District Clerks [17593- 17593.] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. )

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    Most district clerks must keep schoolhouses in repair during school sessions and oversee school premises and property during school vacations, unless the district is governed by a city or city and county board of education.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 2. Duties of District Clerks [17593- 17593.] ( Article 2 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17593. The clerk of each district except a district governed by a city or city and county board of education shall, under the direction of the governing board, keep the schoolhouses in repair during the time school is taught therein, and exercise a general care and supervision over the school premises and property during the vacations of the school. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  158. 17595.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may buy materials, equipment, or supplies through the Department of General Services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17595. Nothing in this code shall preclude the governing board of any school district from purchasing materials, equipment, or supplies through the Department of General Services pursuant to subdivision (b) of Section 10299 of the Public Contract Code. (Amended by Stats. 2007, Ch. 263, Sec. 18. Effective January 1, 2008.)
  159. 17596.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A district may make continuing contracts with an accepted vendor, subject to term limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17596. Continuing contracts for work to be done, services to be performed, or for apparatus or equipment to be furnished, sold, built, installed, or repaired for the district, or for materials or supplies to be furnished or sold to the district may be made with an accepted vendor as follows: for work or services, or for apparatus or equipment, not to exceed five years; for materials or supplies, not to exceed three years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  160. 17597.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts and county boards of education may sell certain equipment or relocatable buildings if the buyer agrees to lease them back.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17597. In addition to utilizing the procedures specified in Article 14 (commencing with Section 17545) of Chapter 4, any school district or any county board of education may, by direct sale or otherwise, sell to a purchaser any electronic data processing equipment, other major items of equipment, or any relocatable building owned by, or to be owned by, the school district or county board, if the purchaser agrees to lease the equipment or building back to the school district or county for use by the school district or county following the sale. The approval by the governing board of the school district or of the county superintendent of schools of the sale and leaseback shall be given only if the governing board of the school district or the county superintendent of schools finds, by resolution, that the equipment is data processing equipment, another major item of equipment, or a relocatable building within the meaning of this section and that the sale and leaseback is the most economical means for providing the electronic data processing equipment, other major items of equipment, or relocatable building to the school district or county. For purposes of determining the area of existing adequate school construction under the Leroy F. Greene State School Building Lease-Purchase Law of 1976, any portable relocatable classroom acquired under this section and used for classroom purposes shall be considered owned by the district. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  161. 17598.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may contract for electromechanical or electronic data processing work.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17598. The governing board of a school district may contract for electromechanical or electronic data processing work. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  162. 17599.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    This provision says it does not limit any school district’s authority to contract for certain electromechanical or electronic data processing work or related services with another public agency.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17599. Nothing contained in this article shall be construed to limit the authority of any school district to contract for electromechanical or electronic data processing work to be done or related services to be performed with any other public agency pursuant to the provisions of Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code or Section 11000 or 11001 of this code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  163. 1760.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may hire personnel to provide guidance services for certain small school districts, but only with county board approval and only if the district is not already providing adequate guidance services.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 1760. The county superintendent of schools may, with the approval of the county board of education, employ personnel to provide necessary guidance services to pupils in elementary school districts under his jurisdiction which had less than 901 units of average daily attendance during the preceding fiscal year, in high school districts under his jurisdiction which had less than 301 units of average daily attendance during the preceding fiscal year, and in unified school districts under his jurisdiction which had less than 1,501 units of average daily attendance during the preceding fiscal year; provided, adequate guidance services are not being furnished by the district. (Enacted by Stats. 1976, Ch. 1010.)
  164. 17600.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A district governing board may, under personnel commission rules, use certificated employees as classified employees during vacations or other non-duty days to repair or build related apparatus or equipment, even if labor costs exceed $1,000, but only for districts meeting the attendance threshold.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17600. The governing board of any district defined hereafter, in addition to any other authority granted by law, may employ as classified employees, in accordance with rules and regulations established by the personnel commission, any certificated employees of the district or districts during vacation periods, or on any other day or days when the certificated employee is not required to perform services for the district, to repair or build apparatus or equipment related to their duties as certificated employees even though the total cost of labor exceeds one thousand dollars ($1,000). This section applies only when the average daily attendance of any school district, or of two or more school districts governed by governing boards of identical personnel, is 400,000 or more, as shown by the annual report of the county superintendent of schools for the preceding school year. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  165. 17601.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A San Francisco school district board may contract for electromechanical or electronic data processing work, or related services, despite article limits.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17601. Notwithstanding any limitations imposed by this article specifically with respect to electromechanical or electronic data processing work to be done or related services to be performed, the governing board of a school district, the boundaries of which are coterminous with those of the City and County of San Francisco, may contract for such work to be done or related services to be performed, without regard to such limitations. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  166. 17602.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board may buy federal surplus property needed to operate the schools, and it does not have to get estimates or advertise for bids.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17602. The governing board of any school district may purchase from the federal government or any agency thereof any surplus property, as defined in the Surplus Property Act of 1944, in any amount needed for the operation of the schools of the district without taking estimates or advertising for bids. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  167. 17603.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district governing board must decide how construction contract payments will be made, including progress payments.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17603. The governing board of any school district shall determine the method of payment for construction contracts, including progress payments for completed portions of the work or for materials delivered on the ground or stored subject to the control of the board and unused. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  168. 17604.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district board may delegate contracting power by majority vote, but delegated contracts are not binding unless the board approves or ratifies them. An official with delegated contracting power is personally liable for district money paid out because of malfeasance.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17604. Wherever in this code the power to contract is invested in the governing board of the school district or any member thereof, the power may by a majority vote of the board be delegated to its district superintendent, or to any persons that he or she may designate, or if there be no district superintendent then to any other officer or employee of the district that the board may designate. The delegation of power may be limited as to time, money or subject matter or may be a blanket authorization in advance of its exercise, all as the governing board may direct. However, no contract made pursuant to the delegation and authorization shall be valid or constitute an enforceable obligation against the district unless and until the same shall have been approved or ratified by the governing board, the approval or ratification to be evidenced by a motion of the board duly passed and adopted. In the event of malfeasance in office, the school district official invested by the governing board with the power of contract shall be personally liable to the school district employing him or her for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  169. 17605.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    The governing board may delegate purchasing authority by rule, but the rule cannot allow spending above the Section 20111 limit and must set delegation limits and 60-day review requirements.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17605. The governing board by majority vote may adopt a rule, delegating to any officer or employee of the district as the board may designate, the authority to purchase supplies, materials, apparatus, equipment, and services. No rule shall authorize any officer or employee to make any purchases involving an expenditure by the district in excess of the amount specified by Section 20111 of the Public Contract Code. The rule shall prescribe the limits of the delegation as to time, money, and subject matter. All transactions entered into by the officer or employee shall be reviewed by the governing board every 60 days. In the event of malfeasance in office, the school district officer or employee invested by the governing board with the power to contract shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  170. 17606.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. )

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    For qualifying school districts, the governing board may authorize the superintendent to spend up to $100 per transaction, and board ratification is not required for transactions made under this section.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 3. Contracts [17595 - 17606] ( Article 3 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17606. The governing board of any school district with an average daily attendance of not less than 60,000 may by majority vote authorize its district superintendent, or such person as he or she may designate, to expend up to one hundred dollars ($100) per transaction for work done, compensation for employees or consultants, and purchases of equipment, supplies, or materials. Ratification by the governing board shall not be required with respect to transactions entered into pursuant to this section. In the event of malfeasance in office, the school district official invested by the governing board with authority to act under this section shall be personally liable for any and all moneys of the district paid out as a result of the malfeasance. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  171. 17608.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    This section says this article and a related Food and Agricultural Code article are to be known and cited as the Healthy Schools Act of 2000.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17608. This article and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code shall be known and cited as the Healthy Schools Act of 2000. (Amended by Stats. 2007, Ch. 730, Sec. 10. Effective January 1, 2008.)
  172. 17609.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    This section defines terms used in the Healthy Schools Act article.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17609. The definitions set forth in this section govern the construction of this article unless the context clearly requires otherwise: (a) “Antimicrobial” means those pesticides defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)). (b) “Crack and crevice treatment” means the application of small quantities of a pesticide consistent with labeling instructions in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors. (c) “Emergency conditions” means any circumstances in which the school designee or a property owner of a property where a privately operated child day care facility is located, or the property owner’s agent, deems that the immediate use of a pesticide is necessary to protect the health and safety of pupils, staff, or other persons, or the schoolsite. (d) “Integrated pest management plan” means a written plan based on a template provided or approved by the Department of Pesticide Regulation that outlines a strategy for integrated pest management, as described in Section 13181 of the Food and Agricultural Code. (e) “School designee” or “IPM coordinator” means a schoolsite or school district employee identified by a schoolsite or school district to carry out the requirements of this article or to ensure that the requirements of this article are carried out. (f) “Schoolsite” means any facility used as a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, or for kindergarten, elementary, or secondary school purposes. The term includes the buildings or structures, playgrounds, athletic fields, vehicles, or any other area of property visited or used by pupils. “Schoolsite” does not include any postsecondary educational facility attended by secondary pupils or private kindergarten, elementary, or secondary school facilities. For child day care facilities, the State Department of Social Services shall serve as the liaison to these facilities, as needed. (Amended by Stats. 2014, Ch. 848, Sec. 2. (SB 1405) Effective January 1, 2015.)
  173. 1761.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may enter into a guidance-services agreement with a district if the county board of education approves it.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 1761. The county superintendent of schools may, with the approval of the county board of education, enter into an agreement with the governing board of any district for the provision of guidance services in the district by the county superintendent of schools. The agreement shall provide for the payment by the district of the cost of providing the guidance services. The county superintendent of schools shall transfer from the funds of the district to the county school service fund the amounts set forth in the agreement. (Enacted by Stats. 1976, Ch. 1010.)
  174. 17610.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Property owners or their agents who personally apply pesticides at a property with a child day care facility must give the facility advance notice, generally at least 120 hours before application, unless an emergency condition applies.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17610. (a) It is the policy of the state that effective least toxic pest management practices should be the preferred method of managing pests at schoolsites and that the state, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of a pesticide at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (b) (1) (A) A property owner of a property where a child day care facility is located, or the property owner’s agent, who personally applies any pesticides on an area listed in paragraph (2) shall provide notice to the child day care facility as described in paragraph (3) at least 120 hours before the application, unless an emergency condition, as defined in Section 17609, exists. (B) An owner of property on which a child day care facility is located shall be subject to the requirement to provide notice pursuant to this subdivision 30 days after it has received notice from a child day care facility of its presence at the property, unless the property owner, or his or her agent, received that notice pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of the Health and Safety Code before the effective date of this subdivision in which case the property owner shall be subject to the notice requirements on and after the effective date of this subdivision. (2) This subdivision applies when a property owner or his or her agent intends to personally apply pesticides on any of the following: (A) Inside the rented premises on which the child day care facility is located. (B) Upon a designated child day care facility playground designated by the property owner. (C) Upon an area designated for use by the child day care facility. (D) Upon an area within 10 feet of the perimeter of the child day care facility. (3) The notice required by paragraph (1) shall include the following: (A) The product name. (B) The manufacturer’s name. (C) The active ingredients of each pesticide. (D) The United States Environmental Protection Agency’s product registration number. (E) The intended date of application. (F) The areas of application listed in paragraph (2). (G) The reason for application. (4) A notice of pesticide application provided to a tenant pursuant to subdivision (d) of Section 13186 of the Food and Agricultural Code shall satisfy the notice requirements of this section. (5) If the child day care facility ceases to operate on the property, the provisions of this act shall no longer apply to the property. (Amended by Stats. 2014, Ch. 848, Sec. 3. (SB 1405) Effective January 1, 2015.)
  175. 17610.1.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Pesticide use on schoolsites is prohibited in specified registration and cancellation/suspension situations, and vendors or manufacturers may not sell or give those pesticides to school districts or schoolsites.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17610.1. (a) (1) The use of a pesticide on a schoolsite is prohibited if that pesticide is granted a conditional registration, an interim registration, or an experimental use permit by the Department of Pesticide Regulation, or if the pesticide is subject to an experimental registration issued by the United States Environmental Protection Agency, and either of the following is applicable: (A) The pesticide contains a new active ingredient. (B) The pesticide is for a new use. This paragraph does not apply to a conditionally registered pesticide that is approved for other uses that has fulfilled all registration requirements that relate to human health, including, but not limited to, the completion of mandatory health effect studies pursuant to the Birth Defect Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2, Div. 7, F. & A.C.). The requirements of this section are not intended to impose any new labeling requirements. (2) The use of a pesticide on a schoolsite is prohibited if the Department of Pesticide Regulation cancels or suspends registration, or requires phase out of use, of that pesticide. (b) Vendors or manufacturers of pesticides that are prohibited for use on a schoolsite pursuant to subdivision (a) are prohibited from furnishing those pesticides to school districts or schoolsites either by sale or by gift. (c) This section does not apply to public health pesticides or antimicrobial pesticides registered pursuant to Section 12836 of the Food and Agricultural Code. (Amended by Stats. 2006, Ch. 865, Sec. 2. Effective January 1, 2007.)
  176. 17610.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Sections 17611 and 17612 do not apply to certain pesticide products, including self-contained baits or traps, crack-and-crevice gel or paste treatments, EPA-exempt pesticides, and antimicrobial pesticides such as sanitizers and disinfectants.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17610.5. Sections 17611 and 17612 shall not apply to a pesticide product deployed in the form of a self-contained bait or trap, to gel or paste deployed as a crack and crevice treatment, to any pesticide exempted from regulation by the United States Environmental Protection Agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), or to antimicrobial pesticides, including sanitizers and disinfectants. (Amended by Stats. 2001, Ch. 159, Sec. 58. Effective January 1, 2002.)
  177. 17611.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Schoolsites must keep pesticide-use records for four years and make them available to the public on request.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17611. (a) Each schoolsite shall maintain records of all pesticide use at the schoolsite for a period of four years, and shall make this information available to the public, upon request, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). A schoolsite may meet the requirements of this section by retaining a copy of the warning sign posted for each application required pursuant to Section 17612, and recording on that copy the amount of the pesticide used. (b) (1) If a schoolsite chooses to use a pesticide not included within Section 17610.5, at the end of each calendar year, or more often at the discretion of a school designee, the school designee shall submit to the Director of Pesticide Regulation a copy of the records of all pesticide use at the schoolsite for the calendar year. The records submitted to the Director of Pesticide Regulation shall be submitted using a form prepared by the Department of Pesticide Regulation similar to that prepared pursuant to subdivision (b) of Section 13186 of the Food and Agricultural Code, and shall include all of the following: (A) The name of a school designee for the schoolsite. (B) The name and address of the schoolsite, or the department code or licensed child daycare facility number indicating if the site is an elementary or secondary school facility, or a child daycare facility. (C) The product name, manufacturer’s name, the United States Environmental Protection Agency’s product registration number, and the amount used, including the unit of measurement. (D) The date, time, and location of application. (2) The report submitted pursuant to paragraph (1) shall not include pesticide use reported pursuant to subdivision (c) of Section 13186 of the Food and Agricultural Code. (Amended by Stats. 2021, Ch. 615, Sec. 62. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  178. 17611.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    A school designee may post an integrated pest management plan online, and must do so or include it in the annual notification when a schoolsite uses a pesticide not listed in Section 17610.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17611.5. (a) The school designee may develop and post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee may include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides expected to be applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated. (b) If a schoolsite chooses to use a pesticide not included within Section 17610.5, the school designee shall post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee shall include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated. (c) Nothing in this section shall limit or otherwise change the requirements of Section 17612. (Added by Stats. 2014, Ch. 848, Sec. 5. (SB 1405) Effective January 1, 2015.)
  179. 17612.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Schools must send annual pesticide notices, give extra notice for registered recipients and new pesticide products, and post warning signs before and after applications, with limited emergency and special-school exceptions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17612. (a) The school designee shall annually provide to all staff and parents or guardians of pupils enrolled at a schoolsite a written notification of the name of all pesticide products expected to be applied at the schoolsite during the upcoming year. The notification shall identify the active ingredient or ingredients in each pesticide product. The notice shall also contain the Internet address used to access information on pesticides and pesticide use reduction developed by the Department of Pesticide Regulation pursuant to Section 13184 of the Food and Agricultural Code, the Internet address where the schoolsite integrated pest management plan may be found if the schoolsite has posted the plan, and may contain other information deemed necessary by the school designee. The notice shall also inform staff and parents and guardians of pupils enrolled at a schoolsite that they may view a copy of the integrated pest management plan in the schoolsite office. No other written notification of pesticide applications shall be required by this act except as follows: (1) In the written notification provided pursuant to this subdivision, the school designee shall provide the opportunity for recipients to register with the schoolsite if they wish to receive notification of individual pesticide applications at the schoolsite. Persons who register for notification shall be notified of individual pesticide applications at least 72 hours before the application. The notice shall include the product name, the active ingredient or ingredients in the product, and the intended date of application. (2) If a pesticide product not included in the annual notification is subsequently intended for use at the schoolsite, the school designee shall, consistent with this subdivision and at least 72 hours before application, provide written notification of its intended use. (b) The school designee shall make every effort to meet the requirements of this section in the least costly manner. Annual notification by a school district to parents and guardians shall be provided pursuant to Section 48980.3. Any other notification shall, to the extent feasible and consistent with the act adding this article, be included as part of any other written communication provided to individual parents or guardians. This section shall not require the school designee to issue the notice through first-class mail, unless he or she determines that no other method is feasible. (c) Pest control measures taken during an emergency condition as defined in Section 17609 shall not be subject to the requirements of paragraphs (1) and (2) of subdivision (a). However, the school designee or property owner shall make every effort to provide the required notification for an application of a pesticide under emergency conditions. (d) The school designee shall post each area of the schoolsite where pesticides will be applied with a warning sign. The warning sign shall prominently display the term “Warning/Pesticide Treated Area” and shall include the product name, manufacturer’s name, the United States Environmental Protection Agency’s product registration number, intended date and areas of application, and reason for the pesticide application. The warning sign shall be visible to all persons entering the treated area and shall be posted 24 hours before the application and remain posted until 72 hours after the application. In case of a pest control emergency, the warning sign shall be posted immediately upon application and shall remain posted until 72 hours after the application. (e) Subdivisions (a) and (d) shall not apply to schools operated by the Division of Juvenile Justice. The school administrator of a school operated by the Division of Juvenile Justice shall notify the chief medical officer of that facility at least 72 hours before the application of pesticides. The chief medical officer shall take any steps necessary to protect the health of pupils in that facility. (f) This section and Section 17611 shall not apply to activities undertaken at a school by participants in the state program of agricultural vocational education, pursuant to Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4 of Title 2, if the activities are necessary to meet the curriculum requirements prescribed in Section 52454. This subdivision does not relieve schools participating in the state program of agricultural vocational education of any duties pursuant to this section for activities that are not directly related to the curriculum requirements of Section 52454. (g) Sections 17610 to 17614, inclusive, shall not apply to family day care homes or property owners of family day care homes, as defined in Section 1596.78 of the Health and Safety Code, or their agents who personally apply any pesticides. (h) If pesticide is applied by a property owner or his or her agent, or by a pest control operator, failure to provide notice pursuant to subdivision (b) of Section 17610 or subdivision (d) of Section 13186 of the Food and Agricultural Code shall relieve a privately operated child day care facility from the requirements of this section. (Amended by Stats. 2014, Ch. 848, Sec. 6. (SB 1405) Effective January 1, 2015.)
  180. 17613.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    Section 17612 does not apply to agencies that are signatories to a cooperative agreement with the State Department of Health Services under Section 116180 of the Health and Safety Code.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17613. Section 17612 shall not apply to any agency signatory to a cooperative agreement with the State Department of Health Services pursuant to Section 116180 of the Health and Safety Code. (Added by Stats. 2000, Ch. 718, Sec. 1. Effective January 1, 2001.)
  181. 17614.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. )

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    People who apply pesticides at schoolsites must complete required training, and the training must cover integrated pest management and safe pesticide use.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 5. Property Maintenance and Control [17565 - 17614] ( Chapter 5 added by Stats. 1996, Ch. 277, Sec. 3. ) ## ARTICLE 4. Healthy Schools Act of 2000 [17608 - 17614] ( Article 4 added by Stats. 2000, Ch. 718, Sec. 1. ) ## 17614. (a) Commencing July 1, 2016, and except as provided in subdivision (b), the school designee, and any person, including, but not necessarily limited to, a schoolsite or school district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the Department of Pesticide Regulation or an agent authorized by the Department of Pesticide Regulation. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. (b) (1) Commencing July 1, 2016, any person hired to apply a pesticide at a schoolsite subject to this article shall complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health before applying pesticides at a schoolsite subject to this article and during each subsequent licensing period in which the person applies a pesticide at a schoolsite subject to this article. The training course may be applied to his or her professional continuing education requirement required by the Structural Pest Control Board or the Department of Pesticide Regulation. (2) The training course required by paragraph (1) shall be developed by the Department of Pesticide Regulation and may also be developed by a provider approved by the Structural Pest Control Board if the training course has been approved by the Department of Pesticide Regulation. (3) The Department of Pesticide Regulation shall ensure that the training course it develops or approves pursuant to paragraph (2) meets the requirements for continuing education credit required by the Structural Pest Control Board and the Department of Pesticide Regulation. (Added by Stats. 2014, Ch. 848, Sec. 7. (SB 1405) Effective January 1, 2015.)
  182. 1762.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. )

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    Guidance services covered by Sections 1760 and 1761 must be performed by people who hold a valid credential from the Commission on Teacher Credentialing.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 7. Provision of Guidance Services [1760 - 1762] ( Article 7 enacted by Stats. 1976, Ch. 1010. ) ## 1762. The services described in Sections 1760 and 1761 shall be performed by persons who hold a valid credential issued by the Commission on Teacher Credentialing authorizing performance of the services. (Amended by Stats. 2024, Ch. 471, Sec. 4. (SB 1329) Effective January 1, 2025.)
  183. 17620.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A school district board may levy certain fees or requirements on construction in the district, and local permitting authorities generally cannot issue permits or occupancy-related approvals until the district certifies compliance or nonapplicability.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17620. (a) (1) The governing board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district, for the purpose of funding the construction or reconstruction of school facilities, subject to any limitations set forth in Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code. This fee, charge, dedication, or other requirement may be applied to construction only as follows: (A) To new commercial and industrial construction. The chargeable covered and enclosed space of commercial or industrial construction shall not be deemed to include the square footage of any structure existing on the site of that construction as of the date the first building permit is issued for any portion of that construction. (B) To new residential construction. (C) (i) Except as otherwise provided in clause (ii), to other residential construction, only if the resulting increase in assessable space exceeds 500 square feet. The calculation of the “resulting increase in assessable space” for this purpose shall reflect any decrease in assessable space in the same residential structure that also results from that construction. Where authorized under this paragraph, the fee, charge, dedication, or other requirement is applicable to the total resulting increase in assessable space. (ii) This subparagraph does not authorize the imposition of a levy, charge, dedication, or other requirement against residential construction, regardless of the resulting increase in assessable space, if that construction qualifies for the exclusion set forth in subdivision (a) of Section 74.3 of the Revenue and Taxation Code. (D) To location, installation, or occupancy of manufactured homes and mobilehomes, as defined in Section 17625. (2) For purposes of this section, “construction” and “assessable space” have the same meanings as defined in Section 65995 of the Government Code. (3) For purposes of this section and Section 65995 of the Government Code, “construction or reconstruction of school facilities” does not include any item of expenditure for any of the following: (A) The regular maintenance or routine repair of school buildings and facilities. (B) The inspection, sampling, analysis, encapsulation, or removal of asbestos-containing materials, except where incidental to school facilities construction or reconstruction for which the expenditure of fees or other consideration collected pursuant to this section is not prohibited. (C) The purposes of deferred maintenance described in Section 17582. (4) The appropriate city or county may be authorized, pursuant to contractual agreement with the governing board, to collect and otherwise administer, on behalf of the school district, any fee, charge, dedication, or other requirement levied under this subdivision. In the event of any agreement authorizing a city or county to collect that fee, charge, dedication, or other requirement in any area within the school district, the certification requirement set forth in subdivision (b) or (c), as appropriate, is deemed to be complied with as to any residential construction within that area upon receipt by that city or county of payment of the fee, charge, dedication, or other requirement imposed on that residential construction. (5) Fees or other consideration collected pursuant to this section may be expended by a school district for the costs of performing any study or otherwise making the findings and determinations required under subdivisions (a), (b), and (d) of Section 66001 of the Government Code, or in preparing the school facilities needs analysis described in Section 65995.6 of the Government Code. In addition, an amount not to exceed, in any fiscal year, 3 percent of the fees collected in that fiscal year pursuant to this section may be retained by the school district, city, or county, as appropriate, for reimbursement of the administrative costs incurred by that entity in collecting the fees. When any city or county is entitled, under an agreement as described in paragraph (4), to compensation in excess of that amount, the payment of that excess compensation shall be made from other revenue sources available to the school district. For purposes of this paragraph, “fees collected in that fiscal year pursuant to this section” does not include any amount in addition to the amounts specified in paragraphs (1) and (2) of subdivision (b) of Section 65995 of the Government Code. (b) A city or county, whether general law or chartered, or the Office of Statewide Health Planning and Development shall not issue a building permit for any construction absent certification by the appropriate school district that any fee, charge, dedication, or other requirement levied by the governing board of that school district has been complied with, or of the district’s determination that the fee, charge, dedication, or other requirement does not apply to the construction. The school district shall issue the certification immediately upon compliance with the fee, charge, dedication, or other requirement. (c) If, pursuant to subdivision (c) of Section 17621, the governing board specifies that the fee, charge, dedication, or other requirement levied under subdivision (a) is subject to the restriction set forth in subdivision (a) of Section 66007 of the Government Code, the restriction set forth in subdivision (b) of this section does not apply. In that event, however, a city or county, whether general law or chartered, shall not conduct a final inspection or issue a certificate of occupancy, whichever is later, for any residential construction absent certification by the appropriate school district of compliance by that residential construction with any fee, charge, dedication, or other requirement levied by the governing board of that school district pursuant to subdivision (a). (d) Neither subdivision (b) nor (c) shall apply to a city, county, or the Office of Statewide Health Planning and Development as to any fee, charge, dedication, or other requirement as described in subdivision (a), or as to any increase in that fee, charge, dedication, or other requirement, except upon the receipt by that city, county, or the Office of Statewide Health Planning and Development of notification of the adoption of, or increase in, the fee or other requirement in accordance with subdivision (c) of Section 17621. (Amended by Stats. 2010, Ch. 541, Sec. 1. (AB 2048) Effective January 1, 2011.)
  184. 17621.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School district fee and charge resolutions must follow specified government code procedures, and some temporary urgency measures can be used for immediate threats.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17621. (a) Any resolution adopting or increasing a fee, charge, dedication, or other requirement pursuant to Section 17620, for application to residential, commercial, or industrial development, shall be enacted in accordance with Chapter 5 (commencing with Section 66000) of Division 1 of Title 7 of the Government Code. The adoption, increase, or imposition of any fee, charge, dedication, or other requirement pursuant to Section 17620 shall not be subject to the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code. The adoption of, or increase in, the fee, charge, dedication, or other requirement shall be effective no sooner than 60 days following the final action on that adoption or increase, except as specified in subdivision (b). (b) Without following the procedure otherwise required for adopting or increasing a fee, charge, dedication, or other requirement, the governing board of a school district may adopt an urgency measure as an interim authorization for a fee, charge, dedication, or other requirement, or increase in a fee, charge, dedication, or other requirement, where necessary to respond to a current and immediate threat to the public health, welfare, or safety. The interim authorization shall require a four-fifths vote of the governing board for adoption, and shall contain findings describing the current and immediate threat to the public health, welfare, or safety. The interim authorization shall have no force or effect on and after a date 30 days after its adoption. After notice and hearing in accordance with subdivision (a), the governing board, upon a four-fifths vote of the board, may extend the interim authority for an additional 30 days. Not more than two extensions may be granted. (c) Upon adopting or increasing a fee, charge, dedication, or other requirement pursuant to subdivision (a) or (b), the school district shall transmit a copy of the resolution to each city and each county in which the district is situated, accompanied by all relevant supporting documentation and a map clearly indicating the boundaries of the area subject to the fee, charge, dedication, or other requirement. The school district governing board shall specify, pursuant to that notification, whether or not the collection of the fee or other charge is subject to the restriction set forth in subdivision (a) of Section 66007 of the Government Code. (d) Any party on whom a fee, charge, dedication, or other requirement has been directly imposed pursuant to Section 17620 may protest the establishment or imposition of that fee, charge, dedication, or other requirement in accordance with Section 66020 of the Government Code, except that the procedures set forth in Section 66021 of the Government Code are deemed to apply, for this purpose, to commercial and industrial development, as well as to residential development. (e) In the case of any commercial or industrial development, the following procedures shall also apply: (1) The school district governing board shall, in the course of making the findings required under subdivisions (a) and (b) of Section 66001 of the Government Code, do all of the following: (A) Make the findings on either an individual project basis or on the basis of categories of commercial or industrial development. Those categories may include, but are not limited to, the following uses: office, retail, transportation, communications and utilities, light industrial, heavy industrial, research and development, and warehouse. (B) Conduct a study to determine the impact of the increased number of employees anticipated to result from the commercial or industrial development upon the cost of providing school facilities within the district. For the purpose of making that determination, the study shall utilize employee generation estimates that are calculated on either an individual project or categorical basis, in accordance with subparagraph (A). Those employee generation estimates shall be based upon commercial and industrial factors within the district or upon, in whole or in part, the applicable employee generation estimates set forth in the January 1990 edition of “San Diego Traffic Generators,” a report of the San Diego Association of Governments. (C) The governing board shall take into account the results of that study in making the findings described in this subdivision. (2) In addition to any other requirement imposed by law, in the case of any development project against which a fee, charge, dedication, or other requirement is to be imposed pursuant to Section 53080 on the basis of a category of commercial or industrial development, as described in paragraph (1), the governing board shall provide a process that permits the party against whom the fee, charge, dedication, or other requirement is to be imposed the opportunity for a hearing to appeal that imposition. The grounds for that appeal include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the fee, charge, dedication, or other requirement is to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project. The party appealing the imposition of the fee, charge, dedication, or other requirement shall bear the burden of establishing that the fee, charge, dedication, or other requirement is improper. (Amended by Stats. 2010, Ch. 541, Sec. 2. (AB 2048) Effective January 1, 2011.)
  185. 17622.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district may not levy Section 17620 fees or other requirements on greenhouses or enclosed agricultural space unless it first makes the required findings and consults the specified county officials.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17622. (a) No fee, charge, dedication, or other requirement may be levied by any school district pursuant to Section 17620 upon any greenhouse or other space that is covered or enclosed for agricultural purposes, unless and until the district first complies with subdivisions (b) and (c). (b) The school district governing board shall make a finding, supported by substantial evidence, of both of the following: (1) The amount of the proposed fees or other requirements and the location of the land, if any, to be dedicated, bear a reasonable relationship and are limited to the needs of the community for elementary or high school facilities caused by the development. (2) The amount of the proposed fees or other requirements does not exceed the estimated reasonable cost of providing for the construction or reconstruction of the school facilities necessitated by the development projects from which the fees or other requirements are to be collected. (c) In determining the amount of the fees or other requirements, if any, to be levied on the development of any structure as described in subdivision (a), the school district governing board shall consider the relationship between the proposed increase in the number of employees, if any, the size and specific use of the structure, and the cost of the construction. No fee, charge, dedication, or other form of requirement, as authorized under Section 17620, shall be applied to the development of any structure described in subdivision (a) where the governing board finds either that the number of employees is not increased as a result of that development, or that housing has been provided for those employees, to the extent of any increase, by their employer, against which housing a fee, charge, or dedication, or other form of requirement has been applied under Section 17620. In developing the finding described in this section, the governing board shall consult with the county agricultural commissioner or the county director of the cooperative extension service. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  186. 17623.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    If two nonunified school districts with common territory levy the authorized fee above a state maximum, they must agree on how to split the revenue; if they cannot agree, they must submit the dispute to arbitration.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17623. In the event the fee authorized pursuant to Section 17620 is levied by two nonunified school districts having common territorial jurisdiction, in a total amount that exceeds the maximum fee authorized under Section 65995 of the Government Code, the fee revenue for the area of common jurisdiction shall be distributed in the following manner: (a) The governing boards of the affected school districts shall enter into an agreement specifying the allocation of fee revenue and the duration of the agreement. A copy of that agreement shall be transmitted by each district to the State Allocation Board. (b) In the event the affected school districts are unable to reach an agreement pursuant to subdivision (a), the districts shall jointly submit the dispute to a three-member arbitration panel composed of one representative chosen by each of the districts and one representative chosen jointly by both of the districts. The decision of the arbitration panel shall be final and binding upon both districts for a period of three years. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  187. 17624.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    A school district that collected certain Section 17620 fees or similar exactions from a qualifying development project must repay or reconvey them to the payer, minus administrative costs.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17624. (a) Any school district that has imposed or, subsequent to the operative date of this section, imposes, any fee, charge, dedication, or other requirement under Section 17620 against any development project that subsequently meets the description set forth in subdivision (b), shall repay or reconvey, as appropriate, that fee, charge, dedication, or other requirement to the person or persons from whom that fee, charge, dedication, or other requirement was collected, less the amount of the administrative costs incurred in collecting and repaying the fee, charge, dedication, or other requirement. (b) This section applies to any development project for which the building permit, including any extensions, expires on or after January 1, 1990, without the commencement of construction, as defined in subdivision (c) of Section 65995 of the Government Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  188. 17624.5.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

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    A superior court action relating to this chapter may be sent to mediation.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17624.5. Any action brought in the superior court relating to this chapter may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with Section 66030) of Division 1 of Title 7 of the Government Code. (Added by Stats. 2010, Ch. 699, Sec. 2. (SB 894) Effective January 1, 2011.)
  189. 17625.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    School districts may charge certain development-related fees on manufactured homes or mobilehomes only when specific conditions are met, and they must not apply the fee in listed exempt situations.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17625. (a) Notwithstanding any other law, any fee, charge, dedication, or other form of requirement levied by the governing board of a school district under Section 17620 may apply, as to any manufactured home or mobilehome, only pursuant to compliance with all of the following conditions: (1) The fee, charge, dedication, or other form of requirement is applied to the initial location, installation, or occupancy of the manufactured home or mobilehome within the school district. (2) The manufactured home or mobilehome is to be located, installed, or occupied on a space or site on which no other manufactured home or mobilehome was previously located, installed, or occupied. (3) The manufactured home or mobilehome is to be located, installed, or occupied on a space in a mobilehome park, or on any site or in any development outside a mobilehome park, on which the construction of the pad or foundation system commenced after September 1, 1986. (b) Compliance on the part of any manufactured home or mobilehome with any fee, charge, dedication, or other form of requirement, as described in subdivision (a), or certification by the appropriate school district of that compliance, shall be required as a condition of the following, as applicable: (1) The close of escrow, if the manufactured home or mobilehome is to be located, installed, or occupied on a mobilehome park space, or on any site or in any development outside a mobilehome park, as described in subdivision (a), and the sale or transfer of the manufactured home or mobilehome is subject to escrow as provided in Section 18035 or 18035.2 of the Health and Safety Code. (2) The approval of the manufactured home or mobilehome for occupancy pursuant to Section 18551 or 18613 of the Health and Safety Code, in the event that paragraph (1) does not apply. (c) A fee or other requirement levied under Section 17620 shall not be applied to any of the following: (1) Any manufactured home or mobilehome located, installed, or occupied on a space in a mobilehome park on or before September 1, 1986, or on any date thereafter, if construction on that space, pursuant to a building permit, commenced on or before September 1, 1986. (2) Any manufactured home or mobilehome located, installed, or occupied on any site outside of a mobilehome park on or before September 1, 1986, or on any date thereafter if construction on that site pursuant to a building permit commenced on or before September 1, 1986. (3) The replacement of, or addition to, a manufactured home or mobilehome located, installed, or occupied on a space in a mobilehome park, subsequent to the original location, installation, or occupancy of any manufactured home or mobilehome on that space. (4) The replacement of a manufactured home or mobilehome that was destroyed or damaged by fire or any form of natural disaster. (5) A manufactured home or mobilehome accessory structure, as defined in Section 18008.5 or 18213 of the Health and Safety Code. (6) The conversion of a rental mobilehome park to a subdivision, cooperative, or condominium for mobilehomes, or its conversion to any other form of resident ownership of the park, as described in Section 50561 of the Health and Safety Code. (d) If any fee or other requirement levied under Section 17620 is required as to any manufactured home or mobilehome that is subsequently replaced by a permanent residential structure constructed on the same lot, the amount of that fee or other requirement shall apply toward the payment of any fee or other requirement under Section 17620 applied to that permanent residential structure. (e) Notwithstanding any other provision of law, any school district that, on or after January 1, 1987, collected any fee, charge, dedication, or other form of requirement from any manufactured home, mobilehome, mobilehome park, or other development, shall immediately repay the fee, charge, dedication, or other form of requirement to the person or persons who made the payment to the extent the fee, charge, dedication, or other form of requirement collected would not have been authorized under subdivision (a). This subdivision shall not apply, however, to the extent that, pursuant to Section 16 of Article I of the California Constitution, it would impair the obligation of any contract entered into by any school district, on or before January 1, 1998. (f) For purposes of this section, “manufactured home,” “mobilehome,” and “mobilehome park” have the meanings set forth in Sections 18007, 18008, and 18214, respectively, of the Health and Safety Code. (g) (1) Whenever a manufactured home or a mobilehome owned by a person 55 years of age or older who is also a member of a lower income household as defined by Section 50079.5 of the Health and Safety Code, and which has been moved from a mobilehome park space located in one school district, where the mobilehome owner has resided, to a space or lot located in a mobilehome park or a subdivision, cooperative, or condominium for mobilehomes or manufactured homes located in another school district, is subject to any fee or other requirement under Section 17620, this section, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, the district in which the manufactured home or mobilehome has been newly located may waive the fee or other requirement under Section 53080, this section, and Chapter 4.9 (commencing with Section 65995) of Division 1 of Title 7 of the Government Code, or otherwise shall be required to grant the homeowner the necessary approval for occupancy of the home, and permission to pay the amount of the fee or other requirement thereafter, in installments, over a period totaling no less than 36 months. A school district may require that the installments be paid monthly, quarterly, or every six months during the 36-month period, and that the fee be secured as a lien perfected against the mobilehome or manufactured home pursuant to Section 18080.7 of the Health and Safety Code. (2) Costs of filing the lien and reasonable late charges or interest may be added to the amount of the lien. This subdivision does not apply if a school facilities fee, charge, or other requirement is imposed pursuant to Section 65995.2 of the Government Code. (Amended by Stats. 2006, Ch. 538, Sec. 95. Effective January 1, 2007.)
  190. 17626.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    Certain Section 17620 fees, charges, dedications, or other requirements generally cannot be applied to reconstructing disaster-damaged residential, commercial, or industrial structures, except for any square footage increase.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 6. Development Fees,Charges, and Dedications [17620 - 17626] ( Chapter 6 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17626. (a) A fee, charge, dedication, or other requirement authorized under Section 17620, whether or not allowable under Chapter 6 (commencing with Section 66010) of Division 1 of Title 7 of the Government Code, may not be applied to the reconstruction of any residential, commercial, or industrial structure that is damaged or destroyed as a result of a disaster, except to the extent the square footage of the reconstructed structure exceeds the square footage of the structure that was damaged or destroyed. That square footage comparison shall be made, in the case of a commercial or industrial structure, on the basis of chargeable covered and enclosed space, as defined in Section 65995 of the Government Code, or, in the case of a residential structure, on the basis of assessable space, as defined in Section 65995 of the Government Code. (b) The following definitions apply for the purposes of this section: (1) “Disaster” means a fire, earthquake, landslide, mudslide, flood, tidal wave, or other unforeseen event that produces material damage or loss. (2) “Reconstruction” means the construction of property that replaces, and is equivalent in kind to, the damaged or destroyed property. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  191. 17650.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. )

    Verify source ↗

    The Legislature says the state should help school districts find cost-effective ways to conserve energy in school buildings and encourages districts to retrofit buildings for energy savings.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17650. The Legislature finds and declares that it is in the interest of the state and of the people thereof for the state to aid school districts in finding cost-effective methods of conserving energy in school buildings maintained by the districts. The Legislature also finds that while many districts may desire to participate in energy conservation programs designed to reduce the steadily rising costs of meeting the energy needs of school buildings, that the costs involved in improving existing school facilities to become more energy efficient are often prohibitive. It is the intent of the Legislature in enacting this chapter to encourage school districts to retrofit school buildings so as to conserve energy and reduce the costs of supplying energy. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  192. 17651.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts may borrow money for energy-efficiency retrofit costs, but only up to the amount that can be repaid from energy cost savings. Savings and loan associations may make related loans or credit advances, capped at 5% of total assets.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17651. (a) School districts may borrow funds from federal or state regulated financial institutions for the purposes of design and construction costs associated with retrofitting school buildings to become more energy efficient. School districts shall only be authorized to borrow an amount which does not exceed that which can be repaid from energy cost avoidance savings accumulated from the improvement of school facilities. (b) Any savings and loan association may make loans or advances of credit pursuant to subdivision (a) in an amount not in excess of 5 percent of its total assets. This investment may be in addition to any other investment savings and loan associations are permitted to undertake under Section 6705.7 of the Financial Code. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  193. 17652.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts must arrange preaudit and postaudit of school buildings when those services are available.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17652. To the extent that these services are available, school districts shall arrange for the preaudit and postaudit of school buildings by investor-owned or municipal utility companies or by independent energy audit companies or organizations which are recognized by federal or state regulated financial institutions. The preaudit shall identify the type and amount of work necessary to retrofit the buildings and shall include an estimate of projected energy savings. The postaudit shall be conducted upon completion of the retrofitting of the school buildings to ensure that the project satisfies the recommendations of the preaudit. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  194. 17653.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. )

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    School districts acting under this chapter must contract with qualified businesses that can retrofit school buildings, and they may use those businesses’ services when qualifying business lists are available.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 7. Energy Efficiency [17650 - 17653] ( Chapter 7 added by Stats. 1996, Ch. 277, Sec. 3. ) ## 17653. School districts taking action under this chapter shall contract with qualified businesses capable of retrofitting school buildings. To the extent that lists of qualified businesses are made available to school districts by investor-owned or municipal utility companies or federal or state regulated financial institutions, school districts may utilize the services of these businesses. (Added by Stats. 1996, Ch. 277, Sec. 3. Effective January 1, 1997. Operative January 1, 1998.)
  195. 17660.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] ( Chapter 8 added by Stats. 2022, Ch. 777, Sec. 2. )

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    The provision states a state policy that school facilities should provide healthy indoor air quality, including adequate ventilation, for students, teachers, and other occupants.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] ( Chapter 8 added by Stats. 2022, Ch. 777, Sec. 2. ) ## 17660. The Legislature finds and declares that it is the policy of the state that school facilities provide healthy indoor air quality, including adequate ventilation, to students, teachers, and other occupants in order to protect occupant health, reduce sick days, and improve student productivity and performance. (Added by Stats. 2022, Ch. 777, Sec. 2. (AB 2232) Effective January 1, 2023.)
  196. 17661.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] ( Chapter 8 added by Stats. 2022, Ch. 777, Sec. 2. )

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    Covered schools must meet HVAC ventilation and filtration standards, with fallback rules if an existing system cannot safely and efficiently meet the current standard.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 8. Heating, Ventilation, And Air Conditioning Systems [17660 - 17661] ( Chapter 8 added by Stats. 2022, Ch. 777, Sec. 2. ) ## 17661. (a) For purposes of this section, the following definitions apply: (1) “Covered school” means a school district, a county office of education, a charter school, a private school, the California Community Colleges, or the California State University. (2) “HVAC” means heating, ventilation, and air conditioning. (3) “MERV” means minimum efficiency reporting values. (b) (1) A covered school shall, and the University of California is requested to, ensure that facilities, including, but not limited to, classrooms for students, have HVAC systems that meet the minimum ventilation rate requirements set forth in Table 120.1-A of Part 6 (commencing with Section 100.0) of Title 24 of the California Code of Regulations, unless the existing HVAC system is not capable of safely and efficiently providing the minimum ventilation rate. (2) If a school’s existing HVAC system is not capable of safely and efficiently providing the minimum ventilation rate required pursuant to paragraph (1), then a covered school shall, and the University of California is requested to, ensure that its HVAC system meets the minimum ventilation rates in effect at the time the building permit for installation of that HVAC system was issued. In addition, the covered school shall, and the University of California is requested to, document the HVAC system’s inability to meet the current ventilation standards set forth in paragraph (1) in the annual HVAC inspection report required by Section 5142 of Title 8 of the California Code of Regulations, which shall be available to the public upon request. (c) (1) Subject to paragraph (2), a covered school shall, and the University of California is requested to, install filtration that achieves MERV levels of 13 or higher to the extent determined to be feasible and appropriate for the existing HVAC system, as determined by the school. (2) If, pursuant to paragraph (1), it is determined that the existing HVAC system is not designed to achieve MERV levels of 13 or higher, a covered school shall, and the University of California is requested to, install filtration that achieves the highest MERV level that the school determines is feasible without significantly reducing the lifespan or performance of the existing HVAC system. (d) Upon the next triennial update of the California Building Standards Code (Title 24 of the California Code of Regulations), the California Building Standards Commission and the Division of the State Architect shall research, develop, and propose for adoption mandatory standards for carbon dioxide monitors in classrooms of a covered school and the University of California. (e) This section shall apply to the University of California only to the extent that the Regents of the University of California, by resolution, make it applicable. (Added by Stats. 2022, Ch. 777, Sec. 2. (AB 2232) Effective January 1, 2023.)
  197. 17670.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. )

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    The Legislature makes findings about extreme heat risks for children and the value of schoolyard shading.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. ) ## 17670. The Legislature finds and declares all of the following: (a) In April 2022, California released “Protecting Californians from Extreme Heat: A State Action Plan to Build Community Resilience” which warned of the threats extreme heat poses to public health and safety, economic prosperity, and the natural environment and cautioned that extreme heat can be dangerous or even deadly to vulnerable populations, including children, without access to cooling or shade. (b) A 2022 heat wave shattered all-time high temperature records in cities across California, fueled wildfires, and pushed the electrical grid to the brink of rolling blackouts. (c) According to research by the United Nations Children’s Fund (UNICEF), virtually all two billion children on earth will be exposed to more frequent, longer lasting, and more severe heat waves by 2050. (d) The federal Centers for Disease Control and Prevention identifies extreme heat as the leading cause of weather-related deaths in the United States. (e) Children, especially those that attend schools in urban areas built with heat-retaining materials and that are ill equipped to shelter students from extreme heat, are at heightened risk of suffering heat-related illnesses, poor health outcomes, and a reduction in their ability to learn, as excessive heat interrupts outdoor activity and exercise. (f) Schoolyard shading mitigates the urban heat island effect and reduces ambient temperatures by at least 15 degrees, safeguarding children’s physical and mental health and promoting educational progress. (g) The Legislature has recognized extreme heat as a serious and urgent threat and called on state agencies and departments to invest resources in increasing resilience to extreme heat. (Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.)
  198. 17671.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. )

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    Certain eligible shade-structure projects must cap path-of-travel improvement compliance costs at 20% of the adjusted construction cost.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. ) ## 17671. (a) Projects solely for the installation of freestanding, open-sided shade structures included on the Division of the State Architect pre-checked designs list where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, charter school, or community college campus shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the shade structure project. (b) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations. (Added by Stats. 2023, Ch. 489, Sec. 1. (SB 515) Effective January 1, 2024.)
  199. 17672.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. )

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    Certain approved school projects can cap path-of-travel compliance costs at 20% of adjusted construction cost if they meet listed accessibility and nature-based project conditions.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 10.5. SCHOOL FACILITIES [17210 - 17672] ( Part 10.5 repealed (by Sec. 4) and added by Stats. 1996, Ch. 277, Sec. 3. ) ## CHAPTER 9. Shade Structures and Other School Projects [17670 - 17672] ( Heading of Chapter 9 amended by Stats. 2024, Ch. 1014, Sec. 1. ) ## 17672. (a) School projects approved by the Division of the State Architect on or before December 31, 2030, that improve community ecological health and climate resilience, or improve pupil well-being, learning, or pupil play, and that incorporate nature, including living trees, shrubs, and other plants, natural materials, and basic infrastructure, such as pathways and benches on school grounds to support pupil engagement in the space, where the adjusted construction cost exceeds the valuation threshold for alterations or additions on a school district, county office of education, or charter school shall have the cost of compliance for path of travel improvements required by Section 202.4 of Chapter 11B of Part 2 of Title 24 of the California Code of Regulations limited to 20 percent of the adjusted construction cost of the project. (b) In order to qualify for the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a), every effort shall be made not to significantly reduce accessible space and the project shall meet the applicable accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and the California Building Standards Code and be, at a minimum, a project described in any of paragraphs (1) to (6), inclusive: (1) A project to remove impervious pavement such as asphalt or concrete and to replace those surfaces with healthy soil, trees, native or climate-adapted plantings, vegetable gardens, or permeable surfaces such as mulch, engineered wood fiber, wood decking, decomposed granite, or pavers. (2) A project to plant trees or create schoolyard forests in places that pupils can access during the schoolday, designed to shade and protect pupils from extreme heat and rising temperatures. (3) A project to regenerate and support local ecological systems by planting biodiverse tree and plant species intended to decrease air and water pollution, nurture birds, and other beneficial wildlife, and improve local watersheds. (4) A project to support outdoor education on school grounds, including native gardens, orchards, vegetable gardens, outdoor classrooms, and other nature-based outdoor learning spaces. (5) A multibenefit child-friendly stormwater project on a school ground serving pupils in kindergarten or any of grades 1 to 12, inclusive, designed to manage runoff from the school building. These projects may include permeable surfaces, rainwater harvesting, and vegetated swales. (6) A project to protect and enhance existing natural features such as heritage trees, stream corridors, and other natural areas, and make them accessible to pupils during the schoolday by removing fences or adding pathways, decks, stairs, ramps, interpretive signage, and other features needed to improve physical and visual access to nature for learning and play. (c) The following projects shall not be authorized to use the limit of 20 percent of the adjusted construction cost of the project, as specified in subdivision (a): (1) Projects that do not include any live vegetation. (2) Projects that include artificial turf; rubber surfaces, except for rubber ground surfaces that provide accessibility for pupils with disabilities; rubber tires; plastic; and other similar materials that get excessively hot or materials that contain chemicals that are toxic to pupils and the environment. (3) Projects that use trees and other vegetation that are not climate adapted or that are invasive. (4) Projects that include sports fields or sports courts. (5) Projects that include the construction of a new building or the modernization of an existing building. (d) The Division of the State Architect may adopt regulations to implement this section. If the Division of the State Architect adopts regulations pursuant to this section, school projects submitted pursuant to subdivision (a) on or after January 1, 2025, shall be subject to the adopted regulations. (e) For purposes of this section, “adjusted construction cost” has the same meaning as in Section 202 of Chapter 2 of Part 2 of Title 24 of the California Code of Regulations. (f) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Added by Stats. 2024, Ch. 1014, Sec. 2. (SB 1091) Effective January 1, 2025. Repealed as of January 1, 2032, by its own provisions.)
  200. 1770.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Provision of Library Services [1770 - 1775] ( Article 8 enacted by Stats. 1976, Ch. 1010. )

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    The county superintendent of schools may make a library-services agreement and must then provide library services, hire a credentialed librarian and needed assistants, and may pay related costs from the county school service fund.

    ## Education Code - EDC ## TITLE 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Title 1 enacted by Stats. 1976, Ch. 1010. ) ## DIVISION 1 GENERAL EDUCATION CODE PROVISIONS [1. - 32527] ( Division 1 enacted by Stats. 1976, Ch. 1010. ) ## PART 2. COUNTY EDUCATIONAL AGENCIES [1000 - 2603] ( Part 2 enacted by Stats. 1976, Ch. 1010. ) ## CHAPTER 6. County School Service Fund Programs and Services [1700 - 1946] ( Chapter 6 enacted by Stats. 1976, Ch. 1010. ) ## ARTICLE 8. Provision of Library Services [1770 - 1775] ( Article 8 enacted by Stats. 1976, Ch. 1010. ) ## 1770. (a) The county superintendent of schools may, with the approval of the county board of supervisors and the county board of education, agree with the county librarian to take over all existing contracts for supplementary books and other material adopted for the course of study between the school districts or community college districts and the county librarian entered into pursuant to Article 4 (commencing with Section 18130) of Chapter 2 of Part 11. Thereafter, the county superintendent of schools shall generally perform the library services for the school districts or community college districts that were previously performed by the county library. (b) After the above agreement has been entered into, the governing board of any district that had not yet joined the county library may enter into an agreement with the county superintendent of schools for the performance of school library services upon the terms and conditions fixed in the contracts or agreements. (c) Whenever the county superintendent of schools performs school library services for any district, the provisions of Article 4 (commencing with Section 18130) of Chapter 2 of Part 11, so far as applicable, shall control. The county superintendent of schools shall employ a librarian holding a valid credential authorizing services as a librarian issued by the Commission on Teacher Credentialing. The county superintendent of schools shall also employ the assistants that may be necessary to carry on this service. The cost of the salaries of the librarian and assistants, and the other necessary expenses of maintenance of the library, including necessary supplies, equipment, and books, may be paid from the county school service fund. (Amended by Stats. 2024, Ch. 471, Sec. 5. (SB 1329) Effective January 1, 2025.)

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