Text: H08823 Text: H08825 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 by a mutually
1 26 agreed-upon date. A project may involve a
1 27 collaborative association of more than one public
1 28 school in a school district, or more than one school
1 29 district collaborating for the construction of a
1 30 regional facility.
1 31 2. All projects shall, where applicable, conform
1 32 to the provisions of chapter 73A as if the school
1 33 facility constructed were a public improvement and as
1 34 if the private investors financing the school facility
1 35 construction were a school corporation.
1 36 3. The private investor shall lease the facility
1 37 back to the school district at monthly payment levels
1 38 agreed upon between the school district and the
1 39 private investor, not to exceed an amount which would
1 40 have been incurred if the school district had built
1 41 and financed the facility independently, without the
1 42 involvement of a private investor, pursuant to a lease
1 43 or lease-purchase agreement negotiated at the same
1 44 time that the agreement regarding construction of the
1 45 school facility is entered into. The lease or lease-
1 46 purchase agreement shall extend for a twenty-year
1 47 duration, with the option to continue the lease at the
1 48 end of the lease period, and also to permit the
1 49 purchase of the school facility by the school district
1 50 at the conclusion of the lease period at an agreed-
2 1 upon price. An agreed-upon purchase price shall
2 2 contain a mechanism for crediting a portion of the
2 3 lease payments remitted by the school district toward
2 4 the purchase price, as determined by the school
2 5 district and the private investor. A school district
2 6 shall be authorized to issue bonds pursuant to section
2 7 296.1 or 298.21, and to utilize the physical plant and
2 8 equipment levy pursuant to section 298.2, for the
2 9 purpose of monthly payments pursuant to the lease or
2 10 lease-purchase agreement, or in the event that the
2 11 school district exercises its option to purchase the
2 12 school facility at the conclusion of the lease period.
2 13 4. The school district shall retain control over
2 14 all decisions related to the education of students
2 15 within the school facility, including the
2 16 determination of when the facility shall and shall not
2 17 be utilized by the school district, the uses to which
2 18 the facility shall be put during periods when school
2 19 is in session, and access to the facility for after-
2 20 hours athletic practices, extracurricular activities,
2 21 staff, parent, and teacher meetings, and other school-
2 22 related events.
2 23 5. The lease or lease-purchase agreement shall
2 24 include provisions specifying which party shall
2 25 furnish and equip the school facility, and what
2 26 furnishings and equipment are to be provided. All
2 27 costs relating to maintenance of the school facility
2 28 shall be the responsibility of the private investor.
2 29 Ongoing furnishings and equipment replacement shall be
2 30 determined by the lease or lease-purchase agreement.
2 31 6. The private investor shall retain the right to
2 32 contract with third parties for use of the school
2 33 facility during periods when the facility is not being
2 34 utilized by the school district. The periods of
2 35 nonutilization by the school district shall be
2 36 specified in the lease or lease-purchase agreement,
2 37 together with the purposes for which the facility
2 38 shall be used by contracting third parties. If a
2 39 proposed use is determined by the school district to
2 40 be inappropriate for an educational facility used by
2 41 schoolchildren, the proposed use shall not be approved
2 42 by the school district for inclusion in the lease or
2 43 lease-purchase agreement. The school district and the
2 44 private investor shall annually review the third-party
2 45 contracts for use of the facility during periods of
2 46 nonutilization by the school district, and shall
2 47 mutually determine whether proposed contracts for the
2 48 forthcoming year shall be considered appropriate or
2 49 inappropriate for approval. The private investor
2 50 shall agree to maintain the building in the same
3 1 condition during and after use by a third party as the
3 2 facility is customarily maintained during periods of
3 3 utilization by the school district. Possible third
3 4 party contractors could include, but are not limited
3 5 to, educational enrichment organizations, civic
3 6 groups, day care facilities, religious organizations,
3 7 community colleges, and governmental units.
3 8 7. School districts may submit an application for
3 9 the pilot program to the department of education until
3 10 September 1, 2001, as follows:
3 11 a. If six or fewer school districts submit an
3 12 application for participation by September 1, 2001,
3 13 all of the applicant school districts shall be
3 14 entitled to participate in the program.
3 15 b. If more than six school districts submit an
3 16 application by September 1, 2001, the department shall
3 17 select six school districts by lot for participation.
3 18 (1) In selecting by lot, to the extent
3 19 applications are received from school districts with
3 20 actual enrollments of varying amounts as provided in
3 21 this paragraph, two schools shall be drawn which are
3 22 located in a school district with an actual enrollment
3 23 of under one thousand two hundred pupils, two schools
3 24 shall be drawn which are located in a school district
3 25 with an actual enrollment of between one thousand two
3 26 hundred and four thousand nine hundred ninety-nine
3 27 pupils, and two schools shall be drawn which are
3 28 located in a school district with an actual enrollment
3 29 of five thousand or more pupils. School districts
3 30 shall be notified of their selection by lot by October
3 31 1, 2001.
3 32 (2) If, pursuant to subsection 1, one or more of
3 33 the applications involve a collaborative association
3 34 of more than one public school in a school district,
3 35 or more than one school district collaborating for the
3 36 construction of a regional facility, at least one such
3 37 application shall be selected, regardless of the
3 38 actual enrollment of the combined schools or school
3 39 districts.
3 40 8. The department shall prepare and submit a
3 41 report to the general assembly annually by January 1,
3 42 for a five-year period beginning January 1, 2002,
3 43 regarding the status of the program. The report shall
3 44 include detailed information regarding perceived
3 45 advantages and disadvantages of the program, input
3 46 from school district personnel, students, and parents
3 47 associated with schools constructed pursuant to the
3 48 program, and private investors constructing and
3 49 maintaining the school facility."
3 50
4 1
4 2
4 3 GRUNDBERG of Polk
4 4 SF 2338.504 78
4 5 rn/as
Text: H08823 Text: H08825 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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