3270 – Business – Income – Sale, Disposal of Books, Equipment and Supplies

Policy –
Regulation – x
Exhibit –

Adopted – 7/16/1998
Revised –
The Governing Board may dispose of personal property belonging to the district by any of the following methods:

1. If the Board members attending a meeting unanimously agree that the property is worth no more than $2,500, the Board may designate any district employee to sell the property without advertising. (Education Code 39521)

2. The Board may advertise for bids and either sell the property to the highest responsible bidder or reject all bids. (Education Code 39520)

Notice for bids shall be posted in at least three public places in the district for at least two weeks or published at least once a week for at least two weeks in a newspaper having a general circulation in the district and, if possible, published within the district. (Education Code 39520)

Property for which no qualified bid has been received may be sold, without further advertising, by the Superintendent or designee. (Education Code 39521)

3. The Board may authorize the sale of the property by means of a public auction conducted by district employees, employees of other public agencies, or by contract with a private auction firm. Notice related to the auction shall be posted or published as described in item #2 above. (Education Code 39520)

4. Without advertising for bids, the Board may sell the property to agencies of federal, state or local government, to any other school district, or to any agency eligible under the federal surplus property law (40 U.S.C., Section 484(j)(3)). In such cases, the sale price shall equal the cost of the property plus estimated cost of purchasing, storing, and handling. (EC 39510)

5. Without advertising for bids, the Board may sell or lease the property to agencies of federal, state or local government or to any other school district. In such cases, the price and terms of the sale or lease shall be fixed by the Board and approved by the County Superintendent of Schools. (EC 39512)

6. If the Board members attending a meeting unanimously find that the value of the property is insufficient to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the Board or may be disposed of by dumping. (EC 39521)

Money received from the sale of surplus property shall be either deposited in the district reserve or general fund or credited to the fund from which the original purchase was made. (Education Code 39522)

Instructional Materials

Surplus or undistributed obsolete instructional materials that are usable for educational purposes may be donated to any governing board, county free library or other state institution; any United States public agency or institution; any nonprofit charitable organization; or children or adults in California or foreign countries for the purpose of increasing literacy. They also may be sold to any organization that agrees to use the materials for educational purposes. (Education Code 60510)

Any organization, agency or institution receiving obsolete instructional materials from the district shall certify to the Board that it agrees to use the materials for educational purposes and make no charge to any persons to whom the materials are given or lent. (Education Code 60511)

At least 60 days before disposing of these instructional materials, the Board shall notify the public of its intention to do so through a public service announcement on a local television station, in a local newspaper, or by another means the Board believes will most effectively reach the entities described above. The Board shall also permit representatives of these entities and members of the public to address the Board regarding the distribution of these materials.

Surplus or undistributed obsolete instructional materials which are unusable or which cannot be distributed as specified above may be disposed of by either of the following: (Education Code 60530)

1. By being mutilated so as not to be salable and sold for scrap at the highest obtainable price

2. By being destroyed by any economical means at least 30 days after the Board has given notice to all persons who have requested such notice

School Buses

Upon receiving a state apportionment for the replacement of a school bus, the Board may sell the bus that is being replaced to another California school district if the following conditions are met: (Education Code 42303)

1. The other district is replacing a bus that is in service and has not been designated a temporary school bus pursuant to Education Code 42291.5.

2. The bus being replaced by the other district is older than the bus that is being sold by this district.

3. The bus being replaced by the other district is not sold to a third school district.

4. The other district, by Board resolution, holds the state and this district harmless for any liability that may result from the bus that this district is selling.

5. The proceeds from the sale of the bus shall be used by this district for home-to- school transportation purposes.

6. Before the sale is finalized, the bus being sold is in compliance with all relevant provisions of the Vehicle Code and the California Code of Regulations, Title 13.

See Policy #3270.
CSBA Date – 6/96

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