Text: H08801 Text: H08803 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2338, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "Section 1. NEW SECTION. 256.24 SCHOOL 1 6 INVESTMENT PARTNERSHIPS PILOT PROGRAM. 1 7 A school investment partnership pilot program is 1 8 established to evaluate the effectiveness of private 1 9 participation in the funding and management of school 1 10 infrastructure. The program is intended to indicate 1 11 the possibility of shifting the responsibility for the 1 12 operation and financing of school facility 1 13 construction and maintenance to the private sector, 1 14 thereby facilitating the focus of public school system 1 15 resources on enhancing the educational experience of 1 16 the schoolchildren of Iowa. The pilot program shall 1 17 allow up to six pilot projects, to be conducted as 1 18 follows: 1 19 1. Each project shall pair one or more private 1 20 investors and one or more school districts in a 1 21 partnership involving the shared utilization of school 1 22 facilities. Private investors shall finance the 1 23 construction of school facilities, based on school 1 24 district specifications, and commit to the completion 1 25 of a fully operational school facility, complete with 1 26 all classroom furnishings and school facility 1 27 equipment, by a mutually agreed-upon date. A project 1 28 may involve a collaborative association of more than 1 29 one public school in a school district, or more than 1 30 one school district collaborating for the construction 1 31 of a regional facility. 1 32 2. All projects shall, where applicable, conform 1 33 to the provisions of chapter 73A as if the school 1 34 facility constructed were a public improvement and as 1 35 if the private investors financing the school facility 1 36 construction were a school corporation. 1 37 3. The private investor shall lease the facility 1 38 back to the school district at monthly payment levels 1 39 agreed upon between the school district and the 1 40 private investor, not to exceed an amount which would 1 41 have been incurred if the school district had built 1 42 and financed the facility independently, without the 1 43 involvement of a private investor, pursuant to a lease 1 44 or lease-purchase agreement negotiated at the same 1 45 time that the agreement regarding construction of the 1 46 school facility is entered into. The lease or lease- 1 47 purchase agreement shall extend for a twenty-year 1 48 duration, with the option to continue the lease at the 1 49 end of the lease period, and also to permit the 1 50 purchase of the school facility by the school district 2 1 at the conclusion of the lease period at an agreed- 2 2 upon price. An agreed-upon purchase price shall 2 3 contain a mechanism for crediting a portion of the 2 4 lease payments remitted by the school district toward 2 5 the purchase price, as determined by the school 2 6 district and the private investor. A school district 2 7 shall be authorized to issue bonds pursuant to section 2 8 296.1 or 298.21, and to utilize the physical plant and 2 9 equipment levy pursuant to section 298.2, for the 2 10 purpose of monthly payments pursuant to the lease or 2 11 lease-purchase agreement, or in the event that the 2 12 school district exercises its option to purchase the 2 13 school facility at the conclusion of the lease period. 2 14 4. The school district shall retain control over 2 15 all decisions related to the education of students 2 16 within the school facility, including the 2 17 determination of when the facility shall and shall not 2 18 be utilized by the school district, the uses to which 2 19 the facility shall be put during periods when school 2 20 is in session, and access to the facility for after- 2 21 hours athletic practices, extracurricular activities, 2 22 staff, parent, and teacher meetings, and other school- 2 23 related events. 2 24 5. The lease or lease-purchase agreement shall 2 25 include provisions specifying which party subject to 2 26 the agreement shall determine the furnishings and 2 27 equipment to be contained in the school facility, and 2 28 what furnishings and equipment are to be provided. 2 29 All costs relating to maintenance of the school 2 30 facility and ongoing furnishings and equipment 2 31 replacement shall be the responsibility of the private 2 32 investor. 2 33 6. The private investor shall retain the right to 2 34 contract with third parties for use of the school 2 35 facility during periods when the facility is not being 2 36 utilized by the school district. The periods of 2 37 nonutilization by the school district shall be 2 38 specified in the lease or lease-purchase agreement, 2 39 together with the purposes for which the facility 2 40 shall be used by contracting third parties. If a 2 41 proposed use is determined by the school district to 2 42 be inappropriate for an educational facility used by 2 43 schoolchildren, the proposed use shall not be approved 2 44 by the school district for inclusion in the lease or 2 45 lease-purchase agreement. The school district and the 2 46 private investor shall annually review the third-party 2 47 contracts for use of the facility during periods of 2 48 nonutilization by the school district, and shall 2 49 mutually determine whether proposed contracts for the 2 50 forthcoming year shall be considered appropriate or 3 1 inappropriate for approval. The private investor 3 2 shall agree to maintain the building in the same 3 3 condition during and after use by a third party as the 3 4 facility is customarily maintained during periods of 3 5 utilization by the school district. Possible third 3 6 party contractors could include, but are not limited 3 7 to, educational enrichment organizations, civic 3 8 groups, day care facilities, religious organizations, 3 9 community colleges, and governmental units. 3 10 7. School districts may submit an application for 3 11 the pilot program to the department of education until 3 12 September 1, 2001, as follows: 3 13 a. If six or fewer school districts submit an 3 14 application for participation by September 1, 2001, 3 15 all of the applicant school districts shall be 3 16 entitled to participate in the program. 3 17 b. If more than six school districts submit an 3 18 application by September 1, 2001, the department shall 3 19 select six school districts by lot for participation. 3 20 (1) In selecting by lot, to the extent 3 21 applications are received from school districts with 3 22 actual enrollments of varying amounts as provided in 3 23 this paragraph, two schools shall be drawn which are 3 24 located in a school district with an actual enrollment 3 25 of under one thousand two hundred pupils, two schools 3 26 shall be drawn which are located in a school district 3 27 with an actual enrollment of between one thousand two 3 28 hundred and four thousand nine hundred ninety-nine 3 29 pupils, and two schools shall be drawn which are 3 30 located in a school district with an actual enrollment 3 31 of five thousand or more pupils. School districts 3 32 shall be notified of their selection by lot by October 3 33 1, 2001. 3 34 (2) If, pursuant to subsection 1, one or more of 3 35 the applications involve a collaborative association 3 36 of more than one public school in a school district, 3 37 or more than one school district collaborating for the 3 38 construction of a regional facility, at least one such 3 39 application shall be selected, regardless of the 3 40 actual enrollment of the combined schools or school 3 41 districts. 3 42 8. The department shall prepare and submit a 3 43 report to the general assembly annually by January 1, 3 44 for a five-year period beginning January 1, 2002, 3 45 regarding the status of the program. The report shall 3 46 include detailed information regarding perceived 3 47 advantages and disadvantages of the program, input 3 48 from school district personnel, students, and parents 3 49 associated with schools constructed pursuant to the 3 50 program, and private investors constructing and 4 1 maintaining the school facility." 4 2 4 3 4 4 4 5 GRUNDBERG of Polk 4 6 SF 2338.503 78 4 7 rn/as
Text: H08801 Text: H08803 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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