School facilities: sale or lease of real property.

(1) Existing law authorizes the State Allocation Board to establish a program under which it would require a school district, county office of education, or charter school that sells real property that 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, to return to the board the moneys the school district, county office of education, or charter school received from the state school facilities funding program for the purchase, modernization, or construction if certain conditions are met. Under this program, moneys received within 10 years before the real property is sold would be required to be returned if the real property is not sold to a charter school, a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services, in accordance with a statute that requires property first be offered to a charter school before alternate disposition. This bill would specify that, under the authorized program, the moneys would have to be returned if the real property is not sold to a charter school in accordance with that statute, or if the real property is not sold to a school district, a county office of education, or an agency that will use the property exclusively for the delivery of child care and development services if the real property has been deemed to be surplus and a charter school has not accepted an offer to purchase or lease. (2) Existing law requires the governing board of a school district, before selling or leasing a schoolsite consisting in whole or in part of land suited or used for outdoor recreation, if a charter school has not accepted an offer to purchase or lease the schoolsite pursuant to a specified statute, to first offer to sell or lease that portion of the schoolsite suited for outdoor recreation, to the extent not retained by the governing board, to one of specified local agencies. This bill would exempt from this requirement land to which this provision would otherwise apply, but which is subject to the provisions described in (1) above because it was purchased with or modernized with, or improvements were constructed on it that were funded with, any moneys from a state school facilities funding program. The bill would authorize the governing board of a school district in this instance, after first offering the schoolsite for sale or lease to a charter school pursuant to a prescribed statute, to 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 before offering to sell or lease the property to one of the local agencies referenced above.