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Board seeks legal advice on deed language, cautioned by new charter-school law
Summary
Board members asked counsel to draft deed language to protect community use of Kimble Elementary but noted a recent charter-school law may require offering closed buildings to charter schools, which could limit restrictions the board can impose.
Board members discussed adding deed covenants to require community uses or bar certain educational or private uses of Kimble Elementary. Several members pushed for restrictive language to prevent a private school from occupying the building, saying they do not want district assets used in ways that would draw enrollment and funding away from public schools.
Members cautioned that restrictive covenants can be hard to enforce and said the district's attorneys would have to draft language that is legally permissible. A speaker noted that a new charter-school law passed in the recent legislative session "requires that if a charter school comes in and we are closing a school and abandoning a building we have to offer that to a charter school," and said counsel will advise on the correct verbiage.
The board agreed to proceed with a conveyance motion later and to review any draft deed language before signing; no deed was approved at this meeting.
