Missouri Statute | Act | Code |Education And Libraries| US Code - US Statute | Chapter 177 School Property And Equipment

The title of all schoolhouse sites and other school property is
vested in the district in which the property is located, or if the
directors of both school districts involved agree, a school district may
own property outside of the boundaries of the district and operate upon
such property for school purposes; provided that, such property may only
be used for school purposes for students residing in the school district
owning such property or students who are enrolled in such school district
as part of a court-ordered desegregation plan. All property leased or
rented for school purposes shall be wholly under the control of the
school board during such time. No board shall lease or rent any building
for school purposes while the district schoolhouse is unoccupied, and no
schoolhouse or school site shall be abandoned or sold until another site
and house are provided for the school district. (L. 1963 p. 200 § 12-1,
A.L. 1994 S.B. 442)

(Source: RSMo 1959 § 166.010)

CROSS REFERENCE: Control of property, metropolitan school districts, RSMo
162.571

All real estate owned by any school district of this state is
subject to the provisions of all orders, resolutions or ordinances of any
county, city, town or village or other political subdivision or public
corporation of this state, which relate to the erection, construction and
maintenance of sewers and sewer systems, and of sidewalks, guttering,
curbing and paving of the streets and alleys adjoining and abutting the
real estate of the school districts and to the assessment of the costs
thereof, to the same extent as that of private citizens of this state.
(L. 1963 p. 200 § 12-2)

(Source: RSMo 1959 § 166.020)

1. The school board has the care and keeping of all property
belonging to the district and shall provide the necessary globes, maps,
charts, apparatus, supplementary books, and other material for the use of
the school. The board shall keep the schoolhouses and other buildings in
good repair, the grounds belonging thereto in good condition, and shall
provide fuel, heating apparatus, and other material and appliances
necessary for the proper heating, lighting, ventilation and sanitation of
the schoolhouses; shall have the floors swept and fires made at the
expense of the district, and cause an accurate account of the expense
thereof to be kept and a report and settlement to be made at the next
annual meeting or as required by law.

2. The school board having charge of the schoolhouses, buildings and
grounds appurtenant thereto may allow the free use of the houses,
buildings and grounds for the free discussion of public questions or
subjects of general public interest, for the meeting of organizations of
citizens, and for any other civic, social and educational purpose that
will not interfere with the prime purpose to which the houses, buildings
and grounds are devoted. If an application is granted and the use of the
houses, buildings, or grounds is permitted for the purposes aforesaid,
the school board may provide, free of charge, heat, light and janitor
service therein when necessary, and may make any other provisions, free
of charge, needed for the convenient and comfortable use of the houses,
buildings and grounds for such purposes, or the school boards may require
the expenses to be paid by the organizations or persons who are allowed
the use of the houses, buildings and grounds. All persons upon whose
application or at whose request the use of any schoolhouse, building, or
part thereof, or any grounds appurtenant thereto, is permitted as herein
provided shall be jointly and severally liable for any injury or damage
thereto which directly results from the use, ordinary wear and tear
excepted. (L. 1963 p. 200 § 12-3, A.L. 1978 H.B. 971)

(Source: RSMo 1959 § 166.030)

If any school district seeks to acquire real property for any
purpose for which the district is authorized by law to acquire the
property and cannot agree with the owner on the purchase price, or for
any other cause cannot secure a title to the property, the school board
of the district may condemn the property in the manner provided in
sections 523.010 to 523.100, RSMo, and upon condemnation and payment of
the appraisement as provided, the fee simple title of the real property
shall vest in the school district or, in metropolitan school districts,
in the board of education. (L. 1963 p. 200 § 12-4)

(Source: RSMo 1959 § 165.100)

If there is within any school district any school property that
is not required for the use of the school district and the property could
be used for purposes of offering education beyond grade twelve by a
public institution of higher education, the school board may lease or
convey the property to the public institution, and the proceeds derived
from a conveyance shall be placed to the credit of the incidental fund of
the district. (L. 1963 p. 200 § 12-5 and p. 348 § 1, A.L. 1993 S.B. 380)

(Source: L. 1961 p. 357 § 14)

1. Any of the sixteenth-sections of land, or lands selected in
lieu thereof, granted to the state of Missouri by acts of Congress for
the support of schools in congressional townships may be sold and
conveyed by the school district for whose benefit the land is held in the
manner provided by law for the sale of property owned by the school
district and no longer required for school purposes. The deed of
conveyance shall be executed by the president of the school board of the
district, signed by him and attested by the clerk or secretary of the
board. If the district has a seal the seal shall be affixed to the deed.

2. Any conveyance of the land made by a school board in accordance with
this section shall divest the state of Missouri of all title to the land,
and vest title in the grantees, their heirs and assigns, forever.

3. The proceeds derived from the sale of the sixteenth-section school
lands shall be placed to the credit of the incidental fund of the
district.

4. This section does not affect conveyances of sixteenth-section school
lands made under prior laws. (L. 1963 p. 200 § 12-6, A.L. 1993 S.B. 380)

All sales of land in sections numbered sixteen, or lands
selected in lieu thereof, by any sheriff, in the attempt to carry out the
provisions of any statute relating to the sale of the lands as school
lands for the townships in which they lie, which sales took place more
than ten years before October 13, 1963, shall, upon the expiration of two
years from October 13, 1963, become and be deemed valid and effectual for
all intents and purposes, and the title thereto sought to be conveyed is
hereby confirmed in the respective purchasers and those claiming under
them at the expiration of the two years, whether there was any petition
from the householders of the townships for the sales or not, and
notwithstanding any other errors, defects, omissions or imperfections in
the petition, order of sale, notice, sale, or other proceeding therein;
save only as to such lands now involved or which during the period of two
years may become involved in any suit because thereof, as to which lands
this section shall not take effect until the final determination of the
suit. (L. 1963 p. 200 § 12-7)

(Source: RSMo 1959 § 166.180)

1. The board of directors or school board in urban school
districts, metropolitan school districts, and school districts located
totally or partially within a first class charter county adjoining a city
not within a county, by an affirmative vote of not less than two-thirds
of all the members, may:

(1) Select, direct and authorize the purchase of sites for and authorize
the construction of libraries, schools, school offices, art galleries and
museums; and the necessary janitors' houses, repair buildings, supply
houses and parking facilities to be used in the operation and maintenance
of the schools;

(2) Authorize and direct the purchase of additional ground needed for
school purposes;

(3) Authorize and direct the sale and transfer or lease of any real or
personal property belonging to the district which is not required for
operation of the school program. Real property may be sold or leased by
listing the property with one or more real estate brokers licensed by the
state of Missouri and paying a commission upon such sale or lease. Real
property not sold or leased through a real estate broker and all personal
property shall be sold or leased to the highest bidder, except that any
real or personal school property may be sold or leased to a community
group or a city, state agency, municipal corporation, or any other
governmental subdivision of the state located wholly or partially within
the boundaries of the district, for public uses and purposes, at such sum
as may be agreed upon between the school district and the community group
or the city, state agency, municipal corporation, or other governmental
subdivision of the state. If property is to be leased by bid, written
proposals for lease terms shall be submitted by potential lessees. The
lease proposal offering the most economically advantageous terms shall be
considered the highest lease bid. A purchase proposal may include
contingencies; the proposal offering the most economically advantageous
terms shall be the highest bid. All bids for purchase or lease of real
property shall be submitted formally as closed bids. Bids shall be opened
at a meeting, which shall be an open meeting. The board may reject all
bids, or negotiate an acceptable sale or lease with the highest bidder,
if all bids are unsatisfactory. The records of the bid-opening meeting
shall be an open record. If real property is not sold or leased through a
real estate broker, notice that the board is holding real property for
sale or offering it for lease, including a planned sale or lease to a
community group or a city, state agency, municipal corporation, or other
governmental subdivision of the state, shall be given by publication in a
newspaper within the county in which all or a part of the district is
located which has general circulation within the district, once a week
for two consecutive weeks, the last publication to be at least seven days
and not more than fourteen days prior to the date of the bid opening. The
term of a lease may be for any period which the board finds is
advantageous and meets the needs of the district. The lease or deed of
conveyance shall be executed by the president and attested by the
secretary of the board. If the district has a seal, it shall be affixed
to the deed or lease. The proceeds derived from sale of real property
shall be placed to the credit of the incidental fund of the district. The
proceeds from sale of nonrealty and from leases shall be placed to the
credit of the incidental fund.

2. The board may receive, in behalf of the school district, any grants,
gifts, or devises made for the benefit of the district or its schools, or
any public library, art gallery or museum under the control of the board.
(L. 1983 H.B. 258 § 1, A.L. 1990 S.B. 525, A.L. 1993 S.B. 380)

The school board may purchase apparatus, equipment and
furnishings for its schools and operations by entering into lease
purchase agreements with vendors. Any agreement which may result in
school district ownership of the leased object must contain a provision
which allows the district an option to terminate the agreement on at
least an annual basis without penalty. All expenditures related to lease
purchase agreements shall be considered expenditures for capital outlay
and shall be made pursuant to the provisions of section 165.011, RSMo.
(L. 2001 S.B. 303)

1. Any school district authorizing the construction of
facilities which may exceed an expenditure of fifteen thousand dollars
shall publicly advertise, once a week for two consecutive weeks, in a
newspaper of general circulation, qualified pursuant to chapter 493,
RSMo, located within the city in which the school district is located, or
if there be no such newspaper, in a qualified newspaper of general
circulation in the county, or if there be no such newspaper, in a
qualified newspaper of general circulation in an adjoining county, and
may advertise in business, trade, or minority newspapers, for bids on
said construction.

2. No bids shall be entertained by the school district which are not made
in accordance with the specifications furnished by the district and all
contracts shall be let to the lowest responsible bidder complying with
the terms of the letting, provided that the district shall have the right
to reject any and all bids.

3. All bids must be submitted sealed and in writing, to be opened
publicly at time and place of the district's choosing. (L. 1965 p. 307 §§
1, 2, 3, A.L. 1996 S.B. 605, A.L. 2003 S.B. 686)

(1976) Held, unsuccessful low bidder does not have a cause of action
against school district advertising for bids when terms of letting
provide that the school district provided as a term in the specifications
that "the said school district shall have the right to reject any and all
bids." LaMar Const. Co. v. Holt Cty., R-II Sch. Dist. (A.), 542 S.W.2d
568.

1. As used in this section, the following terms shall mean:

(1) "Board", the board of education, board of trustees, board of regents,
or board of governors of an educational institution;

(2) "Educational institution", any school district, including all junior
college districts, and any state college or university organized under
chapter 174, RSMo.

2. The board of any educational institution may enter into agreements as
authorized in this section with a not-for-profit corporation formed under
the general not for profit corporation law of Missouri, chapter 355,
RSMo, in order to provide for the acquisition, construction, improvement,
extension, repair, remodeling, renovation and financing of sites,
buildings, facilities, furnishings and equipment for the use of the
educational institution for educational purposes.

3. The board may on such terms as it shall approve:

(1) Lease from the corporation sites, buildings, facilities, furnishings
and equipment which the corporation has acquired or constructed; or

(2) Notwithstanding the provisions of this chapter or any other provision
of law to the contrary, sell or lease at fair market value, which may be
determined by appraisal, to the corporation any existing sites owned by
the educational institution, together with any existing buildings and
facilities thereon, in order for the corporation to acquire, construct,
improve, extend, repair, remodel, renovate, furnish and equip buildings
and facilities thereon, and then lease back or purchase such sites,
buildings and facilities from the corporation; provided that upon selling
or leasing the sites, buildings or facilities, the corporation agrees to
enter into a lease for not more than one year but with not more than
twenty successive options by the educational institution to renew the
lease under the same conditions; and provided further that the
corporation agrees to convey or sell the sites, buildings or facilities,
including any improvements, extensions, renovations, furnishings or
equipment, back to the educational institution with clear title at the
end of the period of successive one-year options or at any time bonds,
notes or other obligations issued by the corporation to pay for the
improvements, extensions, renovations, furnishings or equipment have been
paid and discharged.

4. Any consideration, promissory note or deed of trust which an
educational institution receives for selling or leasing property to a
not-for-profit corporation pursuant to this section shall be placed in a
separate fund or in escrow, and neither the principal or any interest
thereon shall be commingled with any other funds of the educational
institutions. At such time as the title or deed for property acquired,
constructed, improved, extended, repaired, remodeled or renovated under
this section is conveyed to the educational institution, the
consideration shall be returned to the corporation.

5. The board may make rental payments to the corporation under such
leases out of its general funds or out of any other available funds,
provided that in no event shall the educational institution become
indebted in an amount exceeding in any year the income and revenue of the
educational institution for such year plus any unencumbered balances from
previous years.

6. Any bonds, notes and other obligations issued by a corporation to pay
for the acquisition, construction, improvements, extensions, repairs,
remodeling or renovations of sites, buildings and facilities, pursuant to
this section, may be secured by a mortgage, pledge or deed of trust of
the sites, buildings and facilities and a pledge of the revenues received
from the rental thereof to the educational institution. Such bonds, notes
and other obligations issued by a corporation shall not be a debt of the
educational institution and the educational institution shall not be
liable thereon, and in no event shall such bonds, notes or other
obligations be payable out of any funds or properties other than those
acquired for the purposes of this section, and such bonds, notes and
obligations shall not constitute an indebtedness of the educational
institution within the meaning of any constitutional or statutory debt
limitation or restriction.

7. The interest on such bonds, notes and other obligations of the
corporation and the income therefrom shall be exempt from taxation by the
state and its political subdivisions, except for death and gift taxes on
transfers. Sites, buildings, facilities, furnishings and equipment owned
by a corporation in connection with any project pursuant to this section
shall be exempt from taxation.

8. The board may make all other contracts or agreements with the
corporation necessary or convenient in connection with any project
pursuant to this section. The corporation shall comply with sections
290.210 to 290.340, RSMo.

9. Notice that the board is considering a project pursuant to this
section shall be given by publication in a newspaper published within the
county in which all or a part of the educational institution is located
which has general circulation within the area of the educational
institution, once a week for two consecutive weeks, the last publication
to be at least seven days prior to the date of the meeting of the board
at which such project will be considered and acted upon.

10. Provisions of other law to the contrary notwithstanding, the board
may refinance any lease purchase agreement that satisfies at least one of
the conditions specified in subsection 6 of section 165.011, RSMo, for
the purpose of payment on any lease with the corporation under this
section for sites, buildings, facilities, furnishings or equipment which
the corporation has acquired or constructed, but such refinance shall not
extend the date of maturity of any obligation, and the refinancing
obligation shall not exceed the amount necessary to pay or provide for
the payment of the principal of the outstanding obligations to be
refinanced, together with the interest accrued thereon to the date of
maturity or redemption of such obligations and any premium which may be
due under the terms of such obligations and any amounts necessary for the
payments of costs and expenses related to issuing such refunding
obligations and to fund a capital projects reserve fund for the
obligations.

11. Provisions of other law to the contrary notwithstanding, payments
made from any source by a school district, after the latter of July 1,
1994, or July 12, 1994, that result in the transfer of the title of real
property to the school district, other than those payments made from the
capital projects fund, shall be deducted as an adjustment to the funds
payable to the district pursuant to section 163.031, RSMo, beginning in
the year following the transfer of title to the district, as determined
by the department of elementary and secondary education. (L. 1983 H.B.
257 § 1, A.L. 1986 H.B. 911, A.L. 1994 S.B. 676)

Effective 7-12-94

1. The school board in each seven-director district, as soon as
sufficient funds are provided, shall establish an adequate number of
elementary schools, and if the demands of the district require more than
one elementary school building, the board shall divide the district into
elementary school wards and fix the boundaries thereof. The board shall
select and procure a site in each ward and erect and furnish a suitable
school building thereon.

2. The board may also establish high schools and may select and procure
sites and erect and furnish buildings therefor.

3. The board may acquire additional grounds when needed for school
purposes. If the directors of both school districts involved agree, such
grounds may be located outside of the boundaries of the district and
operated for school purposes.

4. If there is any school property, the ownership of which is vested in
the district, that is no longer required for the use of the district, the
board, by an affirmative vote of a majority of the whole board, may
authorize and direct the sale or lease of the property, except that,
property outside the boundaries of the school district may not be leased.
Real property may be sold or leased by listing the property with one or
more real estate brokers licensed by the state of Missouri and paying a
commission upon such sale or lease. Real property not sold or leased
through a real estate broker and all personal property, unless sold or
leased to a public institution of higher education, shall be sold or
leased to the highest bidder. If real property is not sold or leased
through a real estate broker, notice that the board is holding the
property for sale or offering it for lease shall be given by publication
in a newspaper within the county in which all or a part of the district
is located which has general circulation within the district, once a week
for two consecutive weeks, the last publication to be at least seven days
prior to the sale or lease of the property; except that, any real or
personal school property may be sold or leased to a city, state agency,
municipal corporation, or other governmental subdivision of the state
located within the boundaries of the district, for public uses and
purposes, by the giving of public notice as herein provided and at such
sum as may be agreed upon between the school district and the city, state
agency, municipal corporation, or other governmental subdivision of the
state. The lease or deed of conveyance shall be executed by the president
and attested by the secretary of the board. If the district has a seal,
it shall be affixed to the deed or lease. The proceeds derived from the
sale of real property or nonrealty by districts identified as financially
stressed pursuant to section 161.520, RSMo, shall, until July 1, 1998, be
placed to the credit of the incidental fund or the capital projects fund
of the district, with notice of any such sale to be included in the
budget and education plan submitted to the department of elementary and
secondary education, and, on and after July 1, 1998, any such proceeds
shall be placed to the credit of the capital projects fund. The proceeds
from the sale of real property or nonrealty and from leases, by any other
district, shall be placed to the credit of the capital projects fund.

5. The school board of a seven-director district may also list real
property for sale on which a building has been constructed by an approved
vocational education class with a real estate broker licensed by the
state of Missouri and pay a commission thereon.

6. Other provisions of this section to the contrary notwithstanding, bids
for the purchase of any building constructed by students as part of an
approved vocational education class may be accepted prior to completion
of such construction. (L. 1963 p. 200 § 12-9, A.L. 1972 S.B. 552, A.L.
1984 H.B. 1043, A.L. 1990 S.B. 525, A.L. 1993 S.B. 380, A.L. 1994 S.B.
442, A.L. 1997 H.B. 410 merged with S.B. 310)

Effective 4-30-97 (H.B. 410) 5-7-97 (S.B. 310)

(Source: RSMo 1959 § 165.370)

1. In seven-director districts as specified in this section, the
school board may establish and maintain public parks and playgrounds for
the use of the public school district, and may appropriate the sums they
deem proper for the support thereof.

2. The school board may lease or purchase grounds additional to the
schoolhouse site, either adjacent thereto or elsewhere in the school
district, for libraries, public parks and playgrounds and pay for the
grounds so leased or purchased out of the funds of the school district
available for the purpose.

3. The board of education shall have full custody and control of the
parks and playgrounds including the policing and the preservation of
order thereon and may permit the use of the grounds that it deems best in
the interest of the district. The board shall adopt and enforce, subject
to the laws of the state and the ordinances of the city, suitable rules
and regulations for the control of the grounds and the conduct of persons
using them. (L. 1963 p. 200 § 12-10, A.L. 1977 H.B. 130)

(Source: RSMo 1959 § 165.327)

1. Any seven-director school district, acting through its board
of directors, may acquire, construct, erect, equip and furnish, operate,
control and regulate a stadium or similar structure for the holding of
school athletic games, contests and other recreational activities and
exhibitions, and for purposes and uses incidental thereto. Portions of
the structure may be constructed and equipped for gymnasium or training
rooms and dressing rooms. From time to time the district may make
additions to or enlarge the structure.

2. The school district may use real property now or hereafter belonging
to it as a site for the stadium, or may acquire by purchase, lease, gift
or otherwise the real and personal property that in the judgment of the
board of directors is necessary, advisable and suitable for the purpose,
together with adequate space for off-street parking of vehicles. It may
accept contributions and gifts of money or property for the acquisition,
construction, operation and maintenance of the stadium and sites and
appurtenances thereto.

3. If the district uses for such purpose property acquired by funds
derived from proceeds of taxation, it shall make payment from the
proceeds of the bonds issued pursuant to sections 164.231 to 164.301,
RSMo, or from funds available therefor from sources other than taxation,
into its treasury to the credit of the appropriate fund a sum equal to
the cost to the school district of the property or its then appraised
value, whichever is greater. The appraised value shall be determined by a
proceeding in the circuit court of the county where the land is situated
in the nature of a condemnation proceeding, so that the school district
will in effect have condemned the land for the benefit of the project and
it will have ceased to represent investment of proceeds of taxation. The
circuit court is vested with jurisdiction of the proceeding in which the
school district shall be plaintiff and the attorney general shall be made
a party defendant as representing the public interest in the property and
funds of the school district derived from taxation. (L. 1963 p. 200 §
12-11 and p. 354 § 176.110)

(Source: RSMo 1959 § 176.110)

The school district may charge and receive reasonable tolls or
admission charges and may grant, for consideration and under terms and
conditions that the board of directors determines, concessions or
exclusive rights to sell in and about the stadium refreshments, programs,
emblems and similar articles related to the activity carried on, and the
exclusive rights to make radio or television broadcasts of the games,
contests or other exhibitions that are held therein; and may permit
temporary use of the stadium by others when not in use by the schools,
upon terms and for consideration, if any, that the board of directors
determines. (L. 1963 p. 200 § 12-12)

(Source: RSMo 1959 § 176.120)

The school board in each urban district, as soon as sufficient
funds have been provided, shall establish an adequate number of
elementary and high schools, select and procure sites, and erect and
furnish suitable school buildings therefor. (L. 1963 p. 200 § 12-13)

(Source: RSMo 1959 § 165.527)

The board may erect, construct and maintain, and use for all
purposes connected with or incident to the work of the public schools or
library or art gallery or museum, and let out to others for compensation,
an auditorium or public hall suitable for public gatherings. The
auditorium may be erected or constructed either in connection with the
building devoted to the public library, art gallery or museum, or
separate therefrom. The proceeds of rents over expenses shall be used for
the purchase of books for the public library. (L. 1963 p. 200 § 12-15)

(Source: RSMo 1959 § 165.540)

In metropolitan school districts, all contracts for the erection
of school buildings and all contracts for repairs and alterations or
additions to school property or materials, equipment or apparatus to be
furnished exceeding the sum of five thousand dollars shall be made by the
board of education, after public letting, to the lowest responsible
bidder complying with the terms of the letting. The necessary
specifications and drawings shall be prepared for all such work, and bids
therefor shall be solicited by advertisement as the board of education
provides. No bid shall be entertained by the board of education which is
not made in accordance with the specifications and drawings furnished and
all contracts shall be let to the lowest responsible bidder complying
with the terms of the letting. The board of education shall have the
right to reject any and all bids. Contracts involving the expenditure of
less than five thousand dollars for work to be done and materials or
equipment to be furnished may be made directly by the superintendent of
schools, or by the other officer or employee of the board of education
that he designates with the approval of the board, without public letting
and without advertising for or inviting bids. The board of education may,
however, use its own employees to alter, maintain and repair school
buildings, to maintain and repair apparatus or equipment, or to make
improvements of school grounds without the letting of contracts whenever
the total cost of labor on the job does not exceed the amount of twenty
thousand dollars. (L. 1963 p. 200 § 12-16, A.L. 1967 p. 238, A.L. 1981
H.B. 854)

(Source: RSMo 1959 § 165.603)

The board of education shall cause advertisements to be made
under regulations that it provides for proposals for furnishing the
supplies required in the schools and by the board. Every contract shall
be awarded to the lowest responsible bidder complying with the terms of
the letting; but the board shall have and reserve the right to reject any
and all bids. The board may authorize the purchase of supplies not
exceeding five thousand dollars in amount without letting of contract.
The board shall make distribution of supplies through the agencies and in
the manner that it deems proper. The board may contract for textbooks or
school apparatus for such term of years as it deems proper. (L. 1963 p.
200 § 12-17, A.L. 1981 H.B. 854)

(Source: RSMo 1959 § 165.607)

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