SECTIONS 17545-17555 - California Statutes

EDUCATION CODE

SECTION 17545-17555

17545. (a) The governing board of any school district may sell for
cash any personal property belonging to the district if the property
is not required for school purposes, or if it should be disposed of
for the purpose of replacement, or if it is unsatisfactory or not
suitable for school use. There shall be no sale until notice has been
given by posting in at least three public places in the district for
not less than two weeks, or by publication for at least once a week
for a period of not less than two weeks in a newspaper published in
the district and having a general circulation there. If there is no
such newspaper, then in a newspaper having a general circulation in
the district; or if there is no newspaper, then in a newspaper having
a general circulation in a county in which the district or any part
thereof is situated. The board shall sell the property to the highest
responsible bidder, or shall reject all bids.
(b) The governing board may choose to conduct any sale of personal
property authorized under this section by means of a public auction
conducted by employees of the district or other public agencies, or
by contract with a private auction firm. The board may delegate to
the district employee responsible for conducting the auction the
authority to transfer the personal property to the highest
responsible bidder upon completion of the auction and after payment
has been received by the district.

17546. (a) If the governing board, by a unanimous vote of those
members present, finds that the property, whether one or more items,
does not exceed in value the sum of two thousand five hundred dollars
($2,500), it may be sold at private sale without advertising, by any
employee of the district empowered for that purpose by the board.
(b) Any item or items of property having previously been offered
for sale pursuant to Section 17545, but for which no qualified bid
was received, may be sold at private sale without advertising by any
employee of the district empowered for that purpose by the board.
(c) If the board, by a unanimous vote of those members present,
finds that the property is of insufficient value to defray the costs
of arranging a sale, the property may be donated to a charitable
organization deemed appropriate by the board, or it may be disposed
of in the local public dump on order of any employee of the district
empowered for that purpose by the board.

17547. The money received from the sale shall be placed to the
credit of the fund from which the original expenditure for the
purchase of the property was made or in the general or reserve fund
of the district.

17548. The governing board of any school district may dispose of
personal property belonging to the district for the purpose of
replacement by providing in the notice calling for bids for
furnishing new materials, articles, or supplies that each bidder
shall agree in his or her bid to purchase the property being replaced
and to remove it from the school grounds and shall state in his or
her bid the amount which he or she will deduct from the price bid for
furnishing new materials, articles, or supplies as the purchase
price for the personal property being purchased from the district.
The board shall let the contract to any responsible bidder whose net
bid is the lowest, or shall reject all bids.

17549. The governing board of any school district may enter into
contracts with manufacturers or suppliers for the exchange of
household appliances and equipment belonging to the district and used
for instructional purposes for new property of like class and kind
for a similar use without advertising for or taking bids. The cost to
the district for the exchange shall not exceed the excess, if any,
of the manufacturer's or supplier's selling price of the new property
over the original cost to the district of the property being
disposed of by the district, plus any applicable tax.

17550. The governing board of any school district may, when calling
for bids and letting contracts for constructing new school
buildings, or repairing, altering, adding to, or reconstructing
existing school buildings, or demolishing existing school buildings,
require each bidder for the performance of the work to agree in his
or her bid to purchase and to remove from the school grounds all old
materials required by the specifications to be removed from any
existing school building on the same school grounds and not required
for school purposes and to state in his or her bid the amount which
he or she will deduct from the price bid for the work as the purchase
price of the old materials. The board shall let the contract to any
responsible bidder whose net bid is the lowest, or shall reject all
bids.

17551. The governing board of a school district may authorize any
officer or employee of the district to sell to any pupil personal
property of the district which has been fabricated by such pupil, at
the cost to the district of the materials furnished by the district
and used therein.

17552. The governing board of a school district may sell to persons
enrolled in classes for adults maintained by the district any
materials that may be necessary for the making of articles by those
persons in those classes. The materials shall be sold at not less
than the cost thereof to the district and any article made therefrom
shall be the property of the person making it.

17553. A school district may, in accordance with regulations
adopted by the governing board of the district and for educational
use, sell, give, or exchange for similar published materials,
published materials prepared by the district in connection with the
curricular and special services that the district is authorized to
perform. Unless restricted by the regulations of the governing board,
the sale or gift may be made to, and the exchange may be made with,
any person, political subdivision, public officer or agency, or
educational institution. The distribution of the published material
in accordance with this section is declared to be a public purpose
and in furtherance of Article IX, Section 1, of the Constitution.
A school district may also license the use of copyrights held by
the district, to the same persons or entities and for the same
purposes as provided in the above paragraph.
The district shall grant a license to any public agency organized
under the authority of this state, unless an exclusive license has
previously been granted a private publisher.
Any charge which may be assessed a public agency for the license
to use the copyright or for materials, to which the district holds
the copyright, shall not exceed the cost to the district of the
preparation and reproduction of the materials.
Any granting of a license, by a school district, to reproduce
copyrighted material is declared to be for a public purpose in
furtherance of Article XI, Section 1, of the Constitution.

17554. Notwithstanding any other provision of law, the governing
board of any school district owning land upon which agricultural
products are grown may enter into agreements with an agricultural
cooperative or association for the purpose of maintaining, harvesting
or selling the products.

17555. Notwithstanding any other provision of this article, the
governing board of any school district may sell or lease any personal
property belonging to the district to any private educational
institution for use in any summer school which the institution offers
in a facility of the district used under a lease or agreement
entered into pursuant to Section 17527.