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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=16200
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: December 24, 2014 08:53 AM
From: Representative W. Curtis Thomas
To: All House members
Subject: Adding transparency to public school disposition
 
In the near future, I plan to introduce legislation that would add a new layer of transparency to the process by which school boards can sell, lease or otherwise dispose of unwanted public school property in Pennsylvania.

Within the Public School Code of 1949, the board of school directors of Pennsylvania’s public schools is given the authority to sell unused and unnecessary land and buildings by public auction, sealed bids, private sale, lease, grant or assignment. What largely is lacking in the process, however, is a requirement that the board of directors first obtain an independent appraisal of fair market value.

My legislation would require, as a condition of any disposition of public school property, that the school board first obtain an independent appraisal of fair market value and that figure be used in any type of disposition proceedings to determine the successful purchaser. Additionally, my legislation would require the Department of Education to create a publicly accessible page on its website where all public school entities would post notice of each public school building or part of the public school building that is being made available for purchase or lease. Finally, it would require the posting be live for at least 30 days prior to the board entering into any contract to sell or lease property.

When a public school closes there are ripple effects felt throughout the community in which it is located. By adding a new layer of transparency to the process by which school boards can dispose of school property, it ensures that not only the taxpayers of the school district are aware of pending transactions, but also that the community surrounding the school has an opportunity to offer input and express any concerns they may have about the building or property. This process should be the same for school districts in every county of the Commonwealth.

Beyond the greater societal implications of disposition, there also is a very relevant financial aspect to disposing of school property, which is why it is imperative that before any building or property is sold, an independent fair market appraisal be obtained. With the ongoing discussion of rising school costs and efforts to hold down property taxes, shouldn’t every school district try to get the most it can out of selling or leasing its unused property?

Please join me in co-sponsoring this legislation.

(Formerly HB 2522 of the 2013-14 Legislative Session)



Introduced as HB313