Text: SF00239 Text: SF00241 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 256.24 SCHOOL INVESTMENT 1 2 PARTNERSHIPS PILOT PROGRAM. 1 3 The department of education shall establish a school 1 4 investment partnership pilot program to evaluate the 1 5 effectiveness of private participation in the funding and 1 6 management of school infrastructure and nonacademic services. 1 7 The program is intended to shift the responsibility for the 1 8 operation and financing of school facility construction and 1 9 maintenance to the private sector, thereby facilitating the 1 10 focus of public school system resources on enhancing the 1 11 educational experience of the schoolchildren of Iowa. The 1 12 pilot program shall involve six pilot projects, to be 1 13 conducted as follows: 1 14 1. Each project shall pair one or more private investors 1 15 and one or more school districts in a partnership involving 1 16 the shared utilization of school facilities. Private 1 17 investors shall finance the construction of school facilities, 1 18 based on school district specifications, and commit to the 1 19 completion of a fully operational school facility, complete 1 20 with all classroom furnishings and school facility equipment, 1 21 by a mutually agreed-upon date. 1 22 2. All projects shall, where applicable, conform to the 1 23 provisions of chapter 73A as if the school facility 1 24 constructed were a public improvement and as if the private 1 25 investors financing the school facility construction were a 1 26 school corporation. 1 27 3. The private investor shall lease the facility back to 1 28 the school district at monthly payment levels below the 1 29 anticipated cost to the school district had it incurred the 1 30 school facility construction expenses directly, pursuant to a 1 31 lease agreement negotiated at the same time that the agreement 1 32 regarding construction of the school facility is entered into. 1 33 A lease agreement shall typically extend for a twenty-year 1 34 duration, with the option to continue the lease at the end of 1 35 the lease period, and also to permit the purchase of the 2 1 school facility by the school district at the conclusion of 2 2 the lease period at an agreed-upon price. Monthly lease 2 3 payments shall not exceed the present value of an amount 2 4 equivalent to eighty-five percent of the anticipated final 2 5 fair market value of the facility at the conclusion of the 2 6 initial lease term. 2 7 4. The school district shall retain control over all 2 8 decisions related to the education of students within the 2 9 school facility, including the determination of when the 2 10 facility shall and shall not be utilized by the school 2 11 district, the uses to which the facility shall be put during 2 12 periods when school is in session, and access to the facility 2 13 for after-hours athletic practices, extracurricular 2 14 activities, staff, parent, and teacher meetings, and other 2 15 school-related events. 2 16 5. All costs relating to maintenance of the school 2 17 facility and ongoing furnishings and equipment replacement 2 18 shall be the responsibility of the private investor, along 2 19 with all tax benefits and liabilities relating to the 2 20 construction and maintenance of the facility. 2 21 6. The private investor shall retain the right to contract 2 22 with third parties for use of the school facility during 2 23 periods when the facility is not being utilized by the school 2 24 district. The periods of nonutilization by the school 2 25 district shall be specified in the lease agreement, together 2 26 with the purposes for which the facility shall be used by 2 27 contracting third parties. If a proposed use is determined by 2 28 the school district to be inappropriate for an educational 2 29 facility used by schoolchildren, the proposed use shall not be 2 30 approved by the school district for inclusion in the lease 2 31 agreement. The private investor shall agree to maintain the 2 32 building in the same condition during and after use by a third 2 33 party as the facility is customarily maintained during periods 2 34 of utilization by the school district. Possible third party 2 35 contractors could include, but are not limited to, educational 3 1 enrichment organizations, civic groups, day care facilities, 3 2 religious organizations, community colleges, and governmental 3 3 units. 3 4 7. School districts may submit an application for 3 5 consideration for the pilot program to the department of 3 6 education by September 1, 2002. The department shall select a 3 7 total of six public schools, four located in school districts 3 8 with an actual enrollment of one thousand pupils or less, and 3 9 two located in school districts with an actual enrollment of 3 10 over one thousand pupils. The department shall notify all 3 11 applicant school districts of the selected applicants within 3 12 thirty days after application submission. An application may 3 13 be considered which would involve a collaborative association 3 14 of more than one public school in a school district, or more 3 15 than one school district applying for the construction of a 3 16 regional facility if the actual enrollment of the combined 3 17 school districts falls within the definition of a large or a 3 18 small school district pursuant to this section. 3 19 8. The department shall coordinate the establishment of 3 20 each pilot program, including the development of criteria to 3 21 be included in a request for proposals for the selection of 3 22 one or more private investors for the program, the selection 3 23 of private investors from among the proposals submitted, the 3 24 development of school facility construction plans and 3 25 specifications by the school district, the provision of a 3 26 dispute resolution process, and oversight with regard to 3 27 potential third-party contractual uses for the facility and 3 28 the terms of lease and lease-purchase agreements entered into 3 29 between the school district and one or more private investors. 3 30 The department shall prepare and submit an annual report to 3 31 the general assembly each year for a five-year period, by 3 32 January 1, regarding the status of each pilot project. The 3 33 report shall include detailed information regarding perceived 3 34 advantages and disadvantages of the program, input from school 3 35 district personnel, students, and parents associated with 4 1 schools constructed pursuant to the program, and private 4 2 investors constructing and maintaining the school facility. 4 3 SF 240 4 4 rn/cc/26
Text: SF00239 Text: SF00241 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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