Section 17244 Of Chapter 2. New Schools Relief Act Of 1979 From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 2.
17244
. Notwithstanding any other provision of law, a school
district with an anticipated increase in enrollment is authorized to
lease land and facilities from a private developer with funds
provided by one or more of the following sources, subject to
regulations established by the board:
(a) Funds provided by the state for the purposes of school
construction (1) in the Budget Act, (2) in separate legislation, (3)
from the sale of bonds, the issuance of which was approved by the
voters of the state prior to January 1, 1980, provided that the
purposes for which the issuance of the bonds was approved encompassed
the purposes of this section; or (4) from the sale of bonds, the
issuance of which may be approved on or after January 1, 1980, by the
voters of the state for the purposes of school construction, among
other purposes.
(b) Funds the district has borrowed from the state and which the
district is in the process of repaying, provided that nothing in this
section shall be construed as terminating, delaying, or otherwise
interrupting the district's schedule of repayments for the funds.
(c) Available capital reserves from the district's general fund or
special funds of the district, provided the purposes of this section
do not conflict with the purposes for which the funds may be used.
(d) Proceeds from the sale or lease of unneeded facilities,
provided that nothing in this section shall be construed to have any
of the following effects:
(1) To terminate, delay, or otherwise interrupt the schedule of
regular repayments for the district's obligations to the state.
(2) To relieve the district from any obligation to the state,
except to the degree that such district may retain that portion of
the proceeds from the sale or lease of unneeded facilities necessary
to lease land and facilities pursuant to this section.
(3) To permit the district to retain any proceeds otherwise owing
to the state from the lease or sale of unneeded facilities in excess
of the amount necessary to lease land and facilities pursuant to this
section.