Legislature Extends Requirement to Offer Surplus Facilities to Charter Schools

A law requiring school districts to offer surplus property to charter schools, which was set to expire at the end of June, has been extended until July 1, 2016.

Education Code section 17457.5, as originally enacted, was set to become inoperative on June 30, 2013 and repealed as of January 2014. However, as part of the budget trailer bill, AB 86, this section was extended through July 1, 2016.

Several other changes were also made, including that the offer only needs to be made to a charter school with projections of at least 80 students at the time of the offer and that property sold or leased to a charter school must be exclusively used to provide direct instruction or instructional support (the revisions remove the requirement that the property be used for instruction for not less than 5 years). Additionally, facilities that are built by the charter school on property acquired through this process must be Field Act compliant. Finally, if a charter school decides to sell property obtained via this process, it can only use the proceeds for capital outlay, maintenance, and other facilities related costs.

The full budget trailer bill, AB 86, is accessible here.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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