Text: H08850 Text: H08852 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend the amendment, H-8824, to Senate File 2338,
1 2 as amended, passed, and reprinted by the Senate, as
1 3 follows:
1 4 #1. By striking page 1, line 5, through page 3,
1 5 line 49, and inserting the following:
1 6 ""Section 1. NEW SECTION. 256.24 SCHOOL
1 7 INVESTMENT PARTNERSHIPS – PILOT PROGRAM.
1 8 A school investment partnership pilot program is
1 9 established to evaluate the effectiveness of state
1 10 participation in the funding and management of school
1 11 infrastructure. The program is intended to indicate
1 12 the possibility of shifting the responsibility for the
1 13 operation and financing of school facility
1 14 construction and maintenance to the state, thereby
1 15 facilitating the focus of public school system
1 16 resources on enhancing the educational experience of
1 17 the schoolchildren of Iowa. The pilot program shall
1 18 allow up to six pilot projects, to be conducted as
1 19 follows:
1 20 1. Each project shall pair the state with one or
1 21 more school districts in a partnership involving the
1 22 shared utilization of school facilities. The state
1 23 shall finance the construction of school facilities,
1 24 based on school district specifications, and commit to
1 25 the completion of a fully operational school facility
1 26 by a mutually agreed-upon date. A project may involve
1 27 a 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 state financing the school facility
1 35 construction were a school corporation.
1 36 3. The state shall lease the facility back to the
1 37 school district at monthly payment levels agreed upon
1 38 between the school district and the state, not to
1 39 exceed an amount which would have been incurred if the
1 40 school district had built and financed the facility
1 41 independently, without the involvement of the state,
1 42 pursuant to a lease or lease-purchase agreement
1 43 negotiated at the same time that the agreement
1 44 regarding construction of the school facility is
1 45 entered into. The lease or lease-purchase agreement
1 46 shall extend for a twenty-year duration, with the
1 47 option to continue the lease at the end of the lease
1 48 period, and also to permit the purchase of the school
1 49 facility by the school district at the conclusion of
1 50 the lease period at an agreed-upon price. An agreed-
2 1 upon purchase price shall contain a mechanism for
2 2 crediting a portion of the lease payments remitted by
2 3 the school district toward the purchase price, as
2 4 determined by the school district and the state. A
2 5 school district shall be authorized to issue bonds
2 6 pursuant to section 296.1 or 298.21, and to utilize
2 7 the physical plant and equipment levy pursuant to
2 8 section 298.2, for the purpose of monthly payments
2 9 pursuant to the lease or lease-purchase agreement, or
2 10 in the event that the school district exercises its
2 11 option to purchase the school facility at the
2 12 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 state. Ongoing
2 29 furnishings and equipment replacement shall be
2 30 determined by the lease or lease-purchase agreement.
2 31 6. The state shall retain the right to contract
2 32 with third parties for use of the school facility
2 33 during periods when the facility is not being utilized
2 34 by the school district. The periods of nonutilization
2 35 by the school district shall be specified in the lease
2 36 or lease-purchase agreement, together with the
2 37 purposes for which the facility shall be used by
2 38 contracting third parties. If a proposed use is
2 39 determined by the school district to be inappropriate
2 40 for an educational facility used by schoolchildren,
2 41 the proposed use shall not be approved by the school
2 42 district for inclusion in the lease or lease-purchase
2 43 agreement. The school district and the state shall
2 44 annually review the third-party contracts for use of
2 45 the facility during periods of nonutilization by the
2 46 school district, and shall mutually determine whether
2 47 proposed contracts for the forthcoming year shall be
2 48 considered appropriate or inappropriate for approval.
2 49 The state shall agree to maintain the building in the
2 50 same condition during and after use by a third party
3 1 as the facility is customarily maintained during
3 2 periods of utilization by the school district.
3 3 Possible third party contractors could include, but
3 4 are not limited to, educational enrichment
3 5 organizations, civic groups, day care facilities,
3 6 religious organizations, community colleges, and
3 7 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 the state constructing and maintaining
3 49 the school facility.""
3 50
4 1
4 2
4 3 WEIGEL of Chickasaw
4 4 SF 2338.701 78
4 5 rn/cls
Text: H08850 Text: H08852 Text: H08800 - H08899 Text: H Index Bills and Amendments: General Index Bill History: General Index
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