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 If the transaction is subject to the SLA, make a declaration of “surplus property” or “exempt
surplus property,” and provide any required notices, as detailed below.

 Leasing vacant classrooms (Ed. Code, § 17465): The district must offer the classrooms to
other school districts in the district’s Special Education Local Plan Area (SELPA) or the County
Office of Education (COE) for use for special education programs. The school districts or the
COE are entitled to a negotiation period of 60 days from receipt of the offer.

 All property sales (Gov. Code, § 65402(c)): The district must notify the local city or county
planning agency, if such city or county has adopted a general plan which affects or includes
the area where the property is located.

 Competitive bidding (Ed. Code, §§ 17466 et seq.): The district may ultimately sell or lease
the property to the highest responsible bidder. Bids may not be opened until at least three
weeks after the Board adopts its resolution of intent to sell or lease the property. districts
may seek waivers of the competitive bidding process from the State Board of Education; in
recent years, waivers from the bidding process have been granted, but districts have still
been required to provide mandatory notices and engage in certain public procedures.

 The Education Code also contains a provision indicating that failure to comply with the
Education Code’s surplus property provisions or the Naylor Act will not invalidate a
conveyance of property that has already occurred. (Ed. Code, §§ 17483, 17496.) However,
failure to comply with the SLA’s requirements may result in penalties. (Gov. Code,
54230.5(a).)

Detailed Checklist

I. Determination of Surplus Status
Prior to taking any action to dispose of real property, the district must declare the property
as “surplus land” or “exempt surplus land” pursuant to Government Code section
54221(b)(1). This requirement is further discussed below under section IV.

II. Gather Community Input (“7-11 Committee”)
Except as noted below, the School Board must appoint a committee of between seven and
eleven members (7-11 Committee, or Advisory Committee), who are representative of each
of the following (Ed. Code, §§ 17388-17389):

o The ethnic, age group, and socioeconomic composition of the district.

o The business community, such as store owners, managers, or supervisors.

o Landowners or renters, with preference to be given to representatives of neighborhood
associations.

LozanoSmith.com Checklist for Sale or Lease of School District Surplus Property 3