SECTIONS 17527-17535 - California Statutes

EDUCATION CODE

SECTION 17527-17535

17527. (a) The governing board of any school district may enter
into agreements to make vacant classrooms or other space in operating
school buildings available for rent or lease to other school
districts, educational agencies, except private educational
institutions which maintain kindergarten or grades 1 to 12,
inclusive, governmental units, nonprofit organizations, community
agencies, professional agencies, commercial and noncommercial firms,
corporations, partnerships, businesses, and individuals, including
during normal school hours if the school is in session.
(b) The governing board shall give first priority in leasing or
renting vacant classroom space or other space to educational agencies
for conducting special education programs and second priority to
other educational agencies.

17528. As used in this article, "building" includes onsite and
offsite facilities, utilities, and improvements which, as agreed upon
by the parties, are appropriate for the proper operation or function
of the building to be jointly occupied and used. It also includes
the permanent improvement of school grounds.

17529. Prior to entering into a lease or agreement pursuant to this
article, the school district governing board shall determine that
the proposed joint occupancy and use of school district property or
buildings will not do any of the following:
(a) Interfere with the educational program or activities of any
school or class conducted upon the real property or in any building.
(b) Unduly disrupt the residents in the surrounding neighborhood.
(c) Jeopardize the safety of the children of the school.

17530. The governing board of a school district entering into a
lease pursuant to this article shall comply with the applicable
provisions of Article 4 (commencing with Section 17455).

17531. (a) Except as provided in subdivision (b) of this section
and Section 17532, the amount of classroom space leased pursuant to
this article in any schoolsite during normal school hours shall not
exceed 45 percent of the total classroom space of that school, and in
no event shall the leased classroom space in the school district
during normal school hours exceed 30 percent of the district's total
classroom space in operating schools.
(b) The governing board of a school district may, upon a
two-thirds vote, enter into lease agreements which exceed the 45
percent limit per school upon making a finding that the leases are
compatible with the educational purpose of the school. The board,
however, shall not exceed, pursuant to this subdivision, the 30
percent limit of classroom space for the entire school district.
(c) The provisions of this section shall not apply to agreements
for the lease of classroom space entered into by districts on or
before March 4, 1981.

17532. The governing board of a school district may lease vacant
classroom space the total area of which exceeds the 30 percent
districtwide limit of classroom space available pursuant to this
article, if a lease is for any day care center, nursery school, or
special education class.

17533. A local agency having general planning jurisdiction may
require adherence to appropriate zoning ordinances, use permits,
construction or safety codes, by a school district seeking to lease a
portion of a school building for uses other than public or
education-related uses.

17534. (a) Except as provided in subdivision (b), the term of any
agreement entered into by a school district pursuant to this article
shall not exceed five years.
(b) The provisions of subdivision (a) shall not apply to
agreements under or pursuant to which capital outlay improvements are
made on school property for park and recreation purposes by public
entities and nonprofit corporations.

17535. (a) Except as provided in subdivision (b), no agreement
entered into by a school district pursuant to this article shall rent
or lease vacant classrooms or other space in operating schools for
less than fair market rental for comparable facilities.
(b) A district may enter into an agreement to rent or lease vacant
classrooms or other space in operating schools to public entities
for less than fair market rental for comparable facilities.