Page 3 - Lozano Smith Surplus Property Checklist 2023

More conservatively, and in recognition of limited legal precedent, additional notices may
still be sent.)

> Leasing vacant classrooms (Ed. Code § 17465): The District must offer the classrooms to
other school districts in the District’s SELPA or the County Office of Education (“COE”) for use
for special education programs. The school districts or the County Office of Education are
entitled to a negotiation period of sixty days from receipt of the offer.

> All property sales (Govt. Code § 65402(c)): The District must notify the local city or county
planning agency, if such city or county has adopted a general plan which affects or includes
the area where the property is located.

> Competitive bidding (Ed. Code §§ 17466, et seq.): The District may ultimately sell or lease
the property to the highest responsible bidder. Bids may not be opened until at least three
weeks after the Board adopts its resolution of intent to sell or lease the property. Districts
may seek waivers of the competitive bidding process from the State Board of Education; in
recent years, waivers from the bidding process have been granted, but districts have still
been required to provide mandatory notices and engage in certain public procedures.

> The Education Code also contains a provision indicating that failure to comply with the
Education Code’s surplus property provisions or the Naylor Act will not invalidate a
conveyance of property that has already occurred. (Ed. Code §§ 17483 & 17496.)

Detailed Checklist

I. Determination of Surplus Status

Prior to taking any action to dispose of real property, the District must declare the property
as “surplus land” or “exempt surplus land” pursuant to Government Code section
54221(b)(1). This requirement is further discussed below under section III.

Except as noted below, the School Board must appoint a committee of between seven and
eleven members (“7-11 Committee”, or “Advisory Committee”), who are representative of
each of the following (Ed. Code § 17388-17389):

The ethnic, age group, and socioeconomic composition of the District.

The business community, such as store owners, managers, or supervisors.

Landowners or renters, with preference to be given to representatives of neighborhood
associations.

Teachers.

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