AMENDED IN ASSEMBLY APRIL 13, 2026
AMENDED IN ASSEMBLY MARCH 16, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
CHAPTER 51
Statutes of 2026
[ Approved by Governor June 30, 2026. Filed with Secretary of State June 30, 2026. ]
Introduced by Assembly Member Fong
February 20, 2026
An act to add Sections 1279.5, 17549.5, and 81455.5 to the Education Code, relating to school facilities.
Vote: majority Appropriation: no Fiscal committee: no Local program: no
LEGISLATIVE COUNSEL’S DIGEST
(1) Existing law authorizes the governing board of any school district or community college district to sell for cash any personal property belonging to the school district or community college district if the property is not required for school purposes, should be disposed of for the purpose of replacement, or is unsatisfactory or not suitable for school use, pursuant to certain requirements, including, among others, notice and bid requirements.
This bill, in addition to and notwithstanding those provisions, would separately authorize the governing board of a school district or community college district to declare district-owned technology, as defined, to be surplus technology property and would authorize the school district or community college district to dispose of that surplus technology property by (A) sale by public auction, (B) sale by sealed bid, (C) sale or transfer through a structured trade-in or buyback program with a vendor, manufacturer, or other third-party purchaser, as specified, (D) negotiated sale to a public agency, nonprofit organization, or private entity, as specified, or (E) donation to a public agency or nonprofit public benefit corporation.
The bill would require the governing board of a school district or community college district, before disposing of surplus technology property, to adopt policies and procedures that, at minimum, address specified items, including, among others, a process for determining that property is no longer required for school purposes, reasonable methods to ensure competition or market testing, and compliance with all applicable state and federal requirements for protecting pupil or student and employee data. The bill would require the school district or community college district, to the extent practicable, to structure the disposition of surplus technology property in a manner that maximizes net proceeds or value returned, minimizes electronic waste, and promotes environmentally responsible recycling, refurbishment, and reuse.
(2) Existing law prohibits a county superintendent of schools from disposing of any item of personal property worth over $25,000 that belongs to the county office of education without meeting specified conditions, including conditions relating to valuation, advertising, and county board of education approval. Existing law prohibits a county superintendent of schools from disposing of any item of personal property worth less than $25,000 that belongs to the county office of education unless they certify the value of the property in a quarterly report and submit that report to the county board of education for its review.
This bill, in addition to and notwithstanding those provisions, would separately authorize the county board of education to declare county office of education-owned technology, as defined, to be surplus technology property and would authorize the county superintendent of schools to dispose of that surplus technology property pursuant to the same above-described provisions that would apply to school districts and community college districts.
The people of the State of California do enact as follows:
SECTION 1.
Section 1279.5 is added to the Education Code, to read:
1279.5.
(a) In addition to and notwithstanding Section 1279, the county board of education may declare county office of education-owned technology to be surplus technology property and the county superintendent of schools may dispose of that surplus technology property by any of the following methods, if authorized by a policy adopted by the county board of education:
(1) Sale by public auction, including online auction.
(2) Sale by sealed bid.
(3) Sale or transfer through a structured trade-in or buyback program with a vendor, manufacturer, or other third-party purchaser, including where the value of the surplus technology is applied as a credit against the purchase price or lease payments for replacement technology.
(4) Negotiated sale to a public agency, nonprofit organization, or private entity, if the county board of education determines that the negotiated sale is in the best interest of the county office of education and is reasonably calculated to yield fair market value under the circumstances.
(5) Donation to a public agency or nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(b) Before disposing of surplus technology property pursuant to this section, the county board of education shall adopt policies and procedures that, at a minimum, address all of the following:
(1) A process for determining that technology is no longer required for school purposes, is to be disposed of for the purpose of replacement, or is unsatisfactory or not suitable for school use.
(2) Reasonable methods to ensure competition or market testing.
(3) Compliance with all applicable state and federal requirements for the protection of pupil and employee data, including secure data deletion, device wiping, and verification of destruction or sanitization before transferring technology to a third party.
(4) Procedures to ensure that technology acquired in whole or in part with state or federal categorical funds is disposed of in a manner consistent with conditions attached to those funds.
(c) To the extent practicable, a county superintendent of schools shall structure the disposition of surplus technology in a manner that does both of the following:
(1) Maximizes the net proceeds or value returned to the county office of education, including through trade-in or buyback arrangements.
(2) Minimizes electronic waste and promotes environmentally responsible recycling, refurbishment, and reuse.
(d) This section does not limit any existing authority for the disposition of personal property pursuant to this article.
(e) For purposes of this section, “technology” means any electronic, digital, or electromechanical equipment, system, or device, and any associated software, firmware, service, or license, acquired primarily for instructional, administrative, operational, public safety, or facilities use by a county office of education, including, but not limited to, computers, servers, network and telecommunications equipment, mobile devices, audiovisual and display systems, projection equipment, surveillance and security systems, instructional and simulation equipment, medical and laboratory devices, and related peripherals and accessories.SEC. 2.
Section 17549.5 is added to the Education Code, to read:
17549.5.
(a) In addition to and notwithstanding any other provision of this article, the governing board of a school district may declare school district-owned technology to be surplus technology property, and the school district may dispose of that surplus technology property by any of the following methods, if authorized by a policy adopted by the governing board of the school district:
(1) Sale by public auction, including online auction.
(2) Sale by sealed bid.
(3) Sale or transfer through a structured trade-in or buyback program with a vendor, manufacturer, or other third-party purchaser, including where the value of the surplus technology is applied as a credit against the purchase price or lease payments for replacement technology.
(4) Negotiated sale to a public agency, nonprofit organization, or private entity, if the governing board of the school district determines that the negotiated sale is in the best interest of the school district and is reasonably calculated to yield fair market value under the circumstances.
(5) Donation to a public agency or nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(b) Before disposing of surplus technology property pursuant to this section, the governing board of the school district shall adopt policies and procedures that, at a minimum, address all of the following:
(1) A process for determining that technology is no longer required for school purposes, is to be disposed of for the purpose of replacement, or is unsatisfactory or not suitable for school use.
(2) Reasonable methods to ensure competition or market testing.
(3) Compliance with all applicable state and federal requirements for the protection of pupil and employee data, including secure data deletion, device wiping, and verification of destruction or sanitization before transferring technology to a third party.
(4) Procedures to ensure that technology acquired in whole or in part with state or federal categorical funds is disposed of in a manner consistent with conditions attached to those funds.
(c) To the extent practicable, a school district shall structure the disposition of surplus technology in a manner that does both of the following:
(1) Maximizes the net proceeds or value returned to the school district, including through trade-in or buyback arrangements.
(2) Minimizes electronic waste and promotes environmentally responsible recycling, refurbishment, and reuse.
(d) This section does not limit any existing authority for the disposition of personal property pursuant to this article.
(e) For purposes of this section, “technology” means any electronic, digital, or electromechanical equipment, system, or device, and any associated software, firmware, service, or license, acquired primarily for instructional, administrative, operational, public safety, or facilities use by a school district, including, but not limited to, computers, servers, network and telecommunications equipment, mobile devices, audiovisual and display systems, projection equipment, surveillance and security systems, instructional and simulation equipment, medical and laboratory devices, and related peripherals and accessories.SEC. 3.
Section 81455.5 is added to the Education Code, to read:
81455.5.
(a) In addition to and notwithstanding any other provision of this article, the governing board of a community college district may declare community college district-owned technology to be surplus technology property and the community college district may dispose of that surplus technology property by any of the following methods, if authorized by a policy adopted by the governing board of the community college district:
(1) Sale by public auction, including online auction.
(2) Sale by sealed bid.
(3) Sale or transfer through a structured trade-in or buyback program with a vendor, manufacturer, or other third-party purchaser, including where the value of the surplus technology is applied as a credit against the purchase price or lease payments for replacement technology.
(4) Negotiated sale to a public agency, nonprofit organization, or private entity, if the governing board of the community college district determines that the negotiated sale is in the best interest of the community college district and is reasonably calculated to yield fair market value under the circumstances.
(b) Before disposing of surplus technology property pursuant to this section, the governing board of the community college district shall adopt policies and procedures that, at a minimum, address all of the following:
(1) A process for determining that technology is no longer required for school purposes, is to be disposed of for the purpose of replacement, or is unsatisfactory or not suitable for community college use.
(2) Reasonable methods to ensure competition or market testing.
(3) Compliance with all applicable state and federal requirements for the protection of student and employee data, including secure data deletion, device wiping, and verification of destruction or sanitization before transferring technology to a third party.
(4) Procedures to ensure that technology acquired in whole or in part with state or federal categorical funds is disposed of in a manner consistent with conditions attached to those funds.
(5) Donation to a public agency or nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code).
(c) To the extent practicable, a community college district shall structure the disposition of surplus technology in a manner that does both of the following:
(1) Maximizes the net proceeds or value returned to the community college district, including through trade-in or buyback arrangements.
(2) Minimizes electronic waste and promotes environmentally responsible recycling, refurbishment, and reuse.
(d) This section does not limit any existing authority for the disposition of personal property pursuant to this article.
(e) For purposes of this section, “technology” means any electronic, digital, or electromechanical equipment, system, or device, and any associated software, firmware, service, or license, acquired primarily for instructional, administrative, operational, public safety, or facilities use by a community college district, including, but not limited to, computers, servers, network and telecommunications equipment, mobile devices, audiovisual and display systems, projection equipment, surveillance and security systems, instructional and simulation equipment, medical and laboratory devices, and related peripherals and accessories.