Page 10 - Surplus Checklist

D. Additional Offers if Leasing Vacant Classrooms
The District must offer to lease the classrooms for special education programs that are
provided by either other school districts that comprise part of the District’s SELPA, or by the
COE (and that serve the District’s students, in whole or in part). (Ed. Code § 17465(b).)

Upon adoption of the resolution of intent to lease real property (further described below),
the District must notify in writing the other districts or the COE, as applicable, of its intent to
lease vacant classrooms. (Ed. Code § 17465(c).)

The notice shall describe the vacant classrooms, specify that the lease shall not exceed a
99-year term, specify that the lease payment and other lease terms are subject to
negotiation, and state that the offer is valid for no more than 60 days after receipt
thereof. (Ed. Code § 17465(c).)

The school district/COE shall inform the Board in writing of its intent to lease or not lease the
classrooms within 60 days from the receipt of the notification. (Ed. Code § 17465(e).)

The District may include in its resolution of intent a time for a regular Board meeting at
which sealed proposals to lease will be received and considered, and may post copies of the
resolution and publish notice of the adoption of the resolution. However, the Board shall not
act on any proposal prior to the first of the following conditions occurring (Ed. Code
§ 17465(d)):

Receipt from the public education agency or the county superintendent, as appropriate,
of its intent to lease the classrooms or of its intent not to do so.

Expiration of the 60-day period.

The lease terms shall be negotiated by the entity desiring to lease the vacant classrooms and
the Board (the terms may be negotiated prior to availability of the classrooms). (Ed. Code
§ 17465(f)(1).)

The lease payments shall not exceed the District’s actual costs for maintenance,
operation, and custodial services for the leased classrooms. (Ed. Code § 17465(f)(2).) If
more than one school district offers to lease classrooms, the leasing district may elect to
negotiate either individually or jointly with the interested districts. (Ed. Code
§ 17465(f)(3).)

If the parties are unable to arrive at a mutually satisfactory lease within the 60-day period,
the District may offer the property to other parties. (Ed. Code § 17465(g).)

E. Offers to Interested Charter Schools No Longer Required
For a period of time prior to July 1, 2016, the governing board of a school district seeking to
sell or lease surplus real property was required to offer that property for sale or lease to

{SR540206}
LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 9