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Section 17489 Of Article 5. Surplus School Playground, Playing Field, And Recreational Property From California Education Code >> Division 1. >> Title 1. >> Part 10.5. >> Chapter 4. >> Article 5.
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.
(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.
