Right of first refusal to purchase vacant public school facilities; public entities authorized to provide space to charters in their facilities under preexisting zoning and land use designations

Miss. Code Ann. § 37-28-61, under Mississippi Charter Schools Act of 2013.

Miss. Code Ann. § 37-28-61

(1) A charter school has a right of first refusal to purchase or lease at or below fair market value a closed public school facility or property or unused portions of a closed public school facility or property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. If a conversion charter school application is successful, the local school district owning the conversion charter school’s facility must offer to lease or sell the building to the conversion charter school at or below fair market value. In order to exercise its right of first refusal under this subsection, a charter school must purchase or lease the school property within twelve (12) months of the closure of the public school facility or property, as indicated by resolution of the school board duly spread on its minutes. After the twelve (12) months have elapsed, the charter school shall have no right of first refusal under this subsection; however, nothing in this subsection shall impair any rights of a charter school under a contract for purchase or lease of the property entered with the district during the twelve-month period.

(2) A charter school may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.

(3) Public entities, including, but not limited to, libraries, community service organizations, museums, performing arts venues, theatres, cinemas, churches, community and junior colleges, colleges and universities, may provide space to charter schools within their facilities under their preexisting zoning and land use designations.