House Journal: Page 1281: Wednesday, April 23, 2003
Page 3
1 the school district less the amount raised by its
2 regular physical plant and equipment levy.
3 5. In the case of a deficiency in the fund to pay
4 the supplemental school infrastructure amounts in
5 full, the amount available in the fund less the amount
6 raised by the regular levy attributed to each school
7 district should be allocated based on the proportion
8 of actual enrollment in the district to the combined
9 actual enrollment of the school districts that qualify
10 for the supplemental school infrastructure amount.
11 6. A school district with less than two hundred
12 fifty actual enrollment or less than one hundred
13 actual enrollment in the high school shall not expend
14 the supplemental school infrastructure amount received
15 for new construction or for payments for bonds issued
16 for new construction against the supplemental school
17 infrastructure amount without prior application to the
18 department of education and receipt of a certificate
19 of need pursuant to this subsection. However, a
20 certificate of need is not required for the payment of
21 outstanding bonds issued for new construction pursuant
22 to section 296.1, before April 1, 2003. A
23 certification of need is also not required for
24 repairing schoolhouses or buildings, equipment,
25 technology, or transportation equipment for
26 transporting students as provided in section 298.3, or
27 for construction necessary for compliance with the
28 federal Americans With Disabilities Act pursuant to 42
29 U.S.C. § 12101-12117. In determining whether a
30 certificate of need shall be issued, the department
31 shall consider all of the following:
32 a. Enrollment trends in the grades that will be
33 served at the new construction site.
34 b. The infeasibility of remodeling,
35 reconstructing, or repairing existing buildings.
36 c. The fire and health safety needs of the school
37 district.
38 d. The distance, convenience, cost of
39 transportation, and accessibility of the new
40 construction site to the students to be served at the
41 new construction site.
42 e. Availability of alternative, less costly, or
43 more effective means of serving the needs of the
44 students.
45 f. Any other criteria deemed appropriate as set by
46 rules of the state board of education.
47 7. This section does not apply to the collection
48 and distribution of any voter-approved physical plant
49 and equipment levy."
50 2. Title page, line 4, by inserting after the

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