1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in grounds and buildings, further
6providing for sale of unused and unnecessary lands and
7buildings.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 707 introductory paragraph and paragraphs
11(2), (3) and (7) of the act of March 10, 1949 (P.L.30, No.14),
12known as the Public School Code of 1949, are amended and the
13section is amended by adding clauses to read:

14Section 707. Sale of Unused and Unnecessary Lands and
15Buildings.--(a) The board of school directors of any district
16is hereby vested with the necessary power and authority to sell
17unused and unnecessary lands and buildings[, by] after obtaining 
18an independent appraisal to determine fair market value and at 
19the price of one of the following:

20(1) The last best offer above fair market value received.

1(2) Fair market value, if no offer has been received within
290 days of placing the building on the market.

3(3) Below fair market value, upon the mutual agreement of
4the school entity and purchaser.

5(b) The board of school directors of any district may sell 
6unused and unnecessary lands and buildings by any of the
7following methods and subject to the following provisions:

8* * *

9(2) Upon sealed bids requested by the school board, notice
10of the request for sealed bids to be given as provided in clause
11(1) of this [section] subsection. Terms and conditions of sale
12shall be fixed by the board in the motion or resolution
13authorizing the request for sealed bids.

14(3) At private sale, subject to the approval of the court of
15common pleas of the county in which the school district is
16located. Approval of the court shall be on petition of the board
17of school directors, which petition shall be executed by the
18proper officers of the board, and shall contain a full and
19complete description of the land proposed to be sold, a brief
20description and character of the building or buildings erected
21thereon, if any, the name of the prospective purchaser, the
22amount offered for the property, and shall have attached thereto
23an affidavit of at least two persons who are familiar with the
24values of real estate in the locality in which the land and
25buildings proposed to be sold are located, to the effect that
26they have examined the property, that the price offered therefor
27is a fair and reasonable one and in their opinion a better price
28than could be obtained at public sale, and that they are not
29interested, either directly or indirectly, in the purchase or
30sale thereof. Before the court may act upon any such petition it

1shall fix a time for a hearing thereon and shall direct that
2public notice thereof be given as provided in clause (1) of this
3[section] subsection. A return of sale shall be made to the
4court after the sale has been consummated and the deed executed
5and delivered.

6* * * * * *

7(7) The moneys derived from sales of real estate enumerated
8in clause (4) of this [section] subsection shall be paid into
9the general fund, along with moneys derived from taxes, and may
10be used for current expenses of the school district. The moneys
11derived from sales of other real estate shall be used for debt
12service or for capital expenditures.

13* * *

14(12) The Department of Education shall provide a page on its
15publicly accessible Internet website on which school entities
16are required to post notice for each public school building or
17part of a public school building that is available for purchase
18or lease. A school entity shall submit a notice to the
19department on a form to be developed by the department. The
20department shall post the notice within five (5) days of
21receiving the form.

22(13) The following shall apply to the sale or lease of a
23public school building or a part of a public school building by
24a school entity:

25(i) A school entity may not enter a contract to sell
26or lease a public school building or part of a public
27school building until at least thirty (30) days after the
28posting of the notice as required under clause (12) of
29this subsection.

30(ii) Where two (2) or more entities make offers on

1the same public school building or part of a public
2school building that conform to the provisions of this
3section, the school entity shall:

4(A) Accept the first offer where all the offers
5are equal.

6(B) Accept the best offer where the offers
7differ.

8Section 2. This act shall take effect in 60 days.