§ 47-392.25. Disposition of certain school property.

Current through October 23, 2012

(a) Power to dispose. -- Notwithstanding any other provision of law relating to the disposition of a facility or property described in subsection (d) of this section, the Authority may dispose (by sale, lease, or otherwise) of any facility or property described in subsection (d) of this section.

(b) Preference for public charter school. -- In disposing of a facility or property under this section, the Authority shall give preference to an eligible applicant (as defined in § 38-1800.02) whose petition to establish a public charter school has been conditionally approved under § 38-1802.03(d)(2), or a Board of Trustees (as defined in § 38-1800.02) of such a public charter school, if doing so will not result in a significant loss of revenue than might be obtained from other dispositions or uses of the facility or property.

(1) In general. -- The Authority shall deposit any proceeds of the disposition of a facility or property under this section in the Board of Education Real Property Maintenance and Improvement Fund (as established by the Real Property Disposal Act of 1990), to be used for the construction, maintenance, improvement, rehabilitation, or repair of buildings and grounds which are used for educational purposes for public and public charter school students in the District of Columbia.

(2) Consultation. -- In disposing of a facility or property under this section, the Authority shall consult with the Superintendent of Schools of the District of Columbia, the Mayor, the Council, the Administrator of General Services, and education and community leaders involved in planning for an agency or authority that will design and administer a comprehensive long-term program for repair and improvement of District of Columbia public school facilities (as described in § 38-1805.52(a)).

(3) Legal effect of sale. -- The Authority may dispose of a facility or property under this section by executing a proper deed and any other legal instrument for conveyance of title to the facility or property, and such deed shall convey good and valid title to the purchaser of the facility or property.

(d) Facility or property described. -- A facility or property described in this subsection is a facility or property which is described in § 38- 1802.09(b)(1)(B) and with respect to which the Authority has made the following determinations:

(1) The property is no longer needed for purposes of operating a District of Columbia public school (as defined in § 38-1800.02).

(2) The disposition of the property is in the best interests of education in the District of Columbia.

(3) The Mayor (or any other department or agency of the District government) has failed to make substantial progress toward disposing the property during the 90-day period which begins on the date the Board of Education transfers jurisdiction over the property to the Mayor (or, in the case of property which is described in § 38-1802.09(b)(1)(B) as of September 30, 1996, during the 90-day period which begins on September 30, 1996).

                
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(Apr. 17, 1995, 109 Stat. 140, Pub. L. 104-8, § 225, as added Sept. 30, 1996, 110 Stat. 3009-508, Pub. L. 104-208, title V, ch. 2, § 5206(a); enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 24, 1998, D.C. Law 12-81, § 59(a), 45 DCR 745.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-392.25.

Legislative History of Laws

Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

References in Text

The "Board of Education Real Property Disposal Act of 1990", referred to in subsection (c)(1), is D.C. Law 8-158.

Miscellaneous Notes

Delegation of the Mayor's Order Surplus Property Disposition Authority to the Director of the Office of Property Management to Dispose of Surplus School Properties on Behalf of the District of Columbia, see Mayor's Order 2001-60, May 1, 2001 (48 DCR 4740).