House Journal: Page 1276: Wednesday, April 23, 2003
8 full, the amount available in the fund less the sales
9 and services tax revenues for school infrastructure
10 purposes attributed to each school district should be
11 allocated based on the proportion of actual enrollment
12 in the district to the combined actual enrollment in
13 the counties where the sales and services tax for
14 school infrastructure purposes has been imposed and
15 the school districts in the counties qualify for the
16 supplemental school infrastructure amount.
17 6. A school district with less than two hundred
18 fifty actual enrollment or less than one hundred
19 actual enrollment in the high school shall not expend
20 the supplemental school infrastructure amount received
21 for new construction or for payments for bonds issued
22 for new construction against the supplemental school
23 infrastructure amount without prior application to the
24 department of education and receipt of a certificate
25 of need pursuant to this subsection. However, a
26 certificate of need is not required for the payment of
27 outstanding bonds issued for new construction pursuant
28 to section 296.1, before April 1, 2003. A certificate
29 of need is also not required for repairing
30 schoolhouses or buildings, equipment, technology, or
31 transportation equipment for transporting students as
32 provided in section 298.3, or for construction
33 necessary for compliance with the federal Americans
34 With Disabilities Act pursuant to 42 U.S.C. § 12101-
35 12117. In determining whether a certificate of need
36 shall be issued or denied, the department shall
37 consider all of the following:
38 a. Enrollment trends in the grades that will be
39 served at the new construction site.
40 b. The infeasibility of remodeling,
41 reconstructing, or repairing existing buildings.
42 c. The fire and health safety needs of the school
43 district.
44 d. The distance, convenience, cost of
45 transportation, and accessibility of the new
46 construction site to the students to be served at the
47 new construction site.
48 e. Availability of alternative, less costly, or
49 more effective means of serving the needs of the
50 students.
Page 9
1 f. The financial condition of the district,
2 including the effect of the decline of the budget
3 guarantee and unspent balance.
4 g. Broad and long-term ability of the district to
5 support the facility and the quality of the academic
6 program.

© 2003 Cornell College and
League of Women Voters of Iowa
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