HB2640

THE CONTEXT: The Division of School Facilities (Division) is required to annually publish a list of both vacant and partially used buildings that are owned by the state or school districts and that may be suitable for the operation of a school. This list is to be made available on the Division's website and to: 1) charter school applicants; 2) applicants applying to the Division for additional space; and 3) existing school districts and charter schools.

WHAT THE BILL DID: The final vetoed version would grant a charter school, or its charter authorizer, that is leasing a building from a school district or that is the most recent lessee of a vacant building owned by a school district the right of first refusal to purchase the building if the school district decides to sell the building, prohibit the owner of a building on the vacant and partially used buildings list from withdrawing the property from sale or lease solely because a charter school exercises its right of first refusal. Termination or Refusal to Renew a Lease (Retroactive to January 2, 2025), and stipulate a school district, as the building owner, may terminate or refuse to renew a lease for an existing tenant that is a public school, private school or that is providing services to public school students only if the governing board: a) announces it is proposing to terminate or to refuse to renew the lease in a public hearing; b) provides an opportunity for public comment regarding the proposal for at least 90 days after the date of the announcement and before the governing board may vote on the proposal; c) reviews and considers any submitted public comments before approving the proposal; and d) approves the proposal in a public hearing before the date of the proposed termination or the date on which the lease is scheduled to expire.

WHY IT MATTERED: The practical reason for this bill was to put public resources toward the named state purpose through an accountable appropriation. It would grant a charter school, or its charter authorizer, that is leasing a building from a school district or that is the most recent lessee of a vacant building owned by a school district the right of first refusal to purchase the building if the school district decides to sell the building, and would also prohibit the owner of a building on the vacant and partially used buildings list from withdrawing the property from sale or lease solely because a charter school exercises its right of first refusal. Termination or Refusal to Renew a Lease (Retroactive to January 2, 2025), rather than leave the current rule unchanged.