Q Under Section 37-28-3 et seq, existing public schools may convert to a public charter school if approved to do so by the board. If one or more schools in a district (or all of them) convert to charter schools, what is the legal status of the facilities which were used by the school(s) which convert(s) successfully?

A Under Sections 37-7-103 and 37-7-111, a school district is not abolished even if all of the schools in the district convert to charter schools. The local school board acting on behalf of the district would still exist and have control over the districtís property and facilities. It would have the authority under Section 37-28-61, to negotiate and contract with the charter school(s) to purchase or lease at or below fair market value, a closed public school facility or property, or unused portions of a public school facility or property in the school district in which the charter school is located. (Attorney Generalís Opinions to Cardin, February 14, 2014)