CA Education Code Sections 17387-17391
It is the intent of the Legislature that leases entered into pursuant to
this chapter provide for community involvement by attendance area at the
district level. This community
involvement should facilitate making the best possible judgments about the use
of excess school facilities in each individual situation.
It is the intent of the Legislature to have
the community involved before decisions are made about school closure or the
use of surplus space, thus avoiding community conflict and assuring building
use that is compatible with the community's needs and desires.
The governing board of any school district may, and the governing board
of each school district, prior to the sale, lease, or rental of any excess real
property, except rentals not exceeding 30 days, shall, appoint a district
advisory committee to advise the governing board in the development of
districtwide policies and procedures governing the use or disposition of school
buildings or space in school buildings which is not needed for school purposes.
A school district advisory committee appointed pursuant to Section 17388
shall consist of not less than seven nor more than 11 members, and shall be
representative of each of the following:
(a) The ethnic, age group, and socioeconomic composition of the
(b) The business community, such as store owners, managers, or
(c) Landowners or renters, with preference to be given to
representatives of neighborhood associations.
(f) Parents of students.
(g) Persons with expertise in environmental impact, legal contracts,
building codes, and land use planning, including, but not limited to, knowledge
of the zoning and other land use restrictions of the cities or cities and
counties in which surplus space and real property is located.
The school district advisory committee shall do all of the following:
(a) Review the projected school enrollment and other data as provided by
the district to determine the amount of surplus space and real property.
(b) Establish a priority list of use of surplus space and real property
that will be acceptable to the community.
(c) Cause to have circulated throughout the attendance area a priority
list of surplus space and real property and provide for hearings of community
input to the committee on acceptable uses of space and real property, including
the sale or lease of surplus real property for child care development purposes
pursuant to Section 17458.
(d) Make a final determination of limits of tolerance of use of space
and real property.
(e) Forward to the district governing board a report recommending uses
of surplus space and real property.
17391. The governing
board may elect not to appoint an advisory committee pursuant to Section 17387
in the case of a lease or rental to a private educational institution for the
purpose of offering summer school in a facility of the district.