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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