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entitlements to build on the property.  In such circumstances, the district may prefer the
                   buyer most qualified to seek and obtain those entitlements, rather than the highest bidder in
                   all instances.  Such waivers have not, however, exempted districts from the various notice
                   requirements set forth above, and certain public process is still required, including use of a
                   request for proposal and a waiting period for public input after proposals are received.

                   To request a waiver, the District must do the following:

                      Enable the employees’ unions to participate in the development of the waiver.  (Ed. Code
                       § 33050 (d).)

                      Hold a public hearing on the issue.  (Ed. Code § 33050 (a).)

                      Submit an application to the State Board of Education.

               VIII. Exceptions
                   The District may bypass the above described notification and bidding procedures in several
                   situations, including, but not limited to the following:

                      Child Care and Development Services (Ed. Code § 17458):  The District may sell or lease
                       any surplus real property to any contracting agency exclusively for the delivery of child
                       care and development services (as defined in Ed. Code § 8208), for not less than five

                      30 Days (Ed. Code § 17480):  The District may lease any property for a period not
                       exceeding 30 separate or consecutive calendar days in each fiscal year.

                      Residences (Ed. Code § 17481):  The Board, by a two-thirds vote of its members, may
                       lease school district property with a residence which cannot be developed for District
                       purposes because of the unavailability of funds for a term not exceeding three months.

                      Historic Buildings (Ed. Code § 17482):  The Board may sell or lease a building that has an
                       historic value, and the site upon which the building is located, for fair market value to
                       certain non-profit or civic organizations, if the county board of supervisors finds that
                       various conditions exist.

                      Land Exchanges (Ed. Code § 17536):  The exchange of real property is exempt from the
                       surplus property procedures described herein.  An exchange of properties with a private
                       person or entity may be accomplished by a resolution adopted by a two-thirds majority
                       of the Board.  Due to an apparent error made when the Education Code was reorganized,
                       exchanges with public agencies are no longer as clearly addressed in the Education Code;
                       legal counsel should be consulted regarding those requirements.

               {SR540206}                                  Checklist for Sale or Lease of School District Surplus Property   12
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