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Board declares 865 Market Street 'exempt surplus' to clear legal path for lease negotiations

San Francisco Board of Education · June 25, 2026
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Summary

The board voted to declare the district's interest in 865 Market Street as "exempt surplus" to comply with updated government code requirements so prospective ground-lease negotiations can proceed; commissioners pressed for clarity on whether the action could lead to a sale or affect affordable‑housing requirements.

District operations staff asked the board to declare the district's interest in the property at 865 Market Street as "exempt surplus," a procedural step staff said is required by changes in government code to allow potential ground-lease conversations with prospective developers. Katie Boyle, head of operations, emphasized the vote does not itself authorize a sale or any lease terms: "This action does not approve a sale or a lease or any terms of a lease. This is really just to make sure that we are compliant so that we can continue negotiations," she said.

Commissioners voiced concern about community expectations and affordable‑housing requirements tied to surplus land statutes. Some asked whether adding an explicit board policy against sale would be consistent with the statute; district counsel and operations staff responded that the resolution merely clears a statutory compliance step and that any future lease or sale action would return to the board for approval. A motion to postpone the item failed; the board approved the exempt-surplus declaration in a roll-call vote.