House File 2543 H-8311 Amend House File 2543 as follows: 1 1. Page 1, line 9, after < salary supplement > by inserting 2 < state > 3 2. By striking page 1, line 21, through page 2, line 7. 4 3. Page 2, by striking lines 13 through 15 and inserting < or 5 vacant property owned by a school district pursuant to section 6 297.24. > 7 4. Page 2, line 32, after < for > by inserting < nonpublic 8 schools and > 9 5. Page 3, line 6, after < allow > by inserting < nonpublic 10 schools and > 11 6. Page 3, lines 15 and 16, by striking < a charter school > 12 and inserting < an educational institution > 13 7. Page 3, line 31, by striking < schools —— right of first 14 refusal for charter schools > and inserting < schools > 15 8. Page 3, after line 32 by inserting: 16 < a. “Educational institution” means all of the following: 17 (1) A school district. 18 (2) A nonpublic school. 19 (3) A charter school established pursuant to chapter 256E. 20 (4) A charter school or innovation zone school established 21 pursuant to chapter 256F. 22 (5) An institution of higher education under the control of 23 the state board of regents. 24 (6) A community college established under chapter 260C. 25 (7) The state training school established under chapter 26 233A. 27 (8) An accredited private institution as defined in section 28 256.183. > 29 9. Page 3, line 33, by striking < a. > and inserting < b. > 30 10. Page 4, line 5, by striking < b. > and inserting < c. > 31 11. Page 4, by striking lines 11 through 22 and inserting 32 < property to an educational institution. > 33 12. By striking page 4, line 23, through page 5, line 6, and 34 inserting: 35 -1- HF 2543.4129 (1) 90 jda/jh 1/ 5 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11. #12.
< 3. a. The board of directors of a school district shall 1 not sell or lease underutilized property or vacant property 2 unless the board of directors of the school district first 3 provides notice to each educational institution that is located 4 within the school district that describes the underutilized 5 property or vacant property and offers to sell or lease the 6 underutilized property or vacant property to the educational 7 institution at a price that is to be determined pursuant to 8 paragraph “b” . 9 b. (1) If an educational institution desires to purchase 10 or lease underutilized property or vacant property described 11 in a notice provided under paragraph “a” , the educational 12 institution shall provide notice to the school district 13 within a reasonable time after receipt of the notice provided 14 under paragraph “a” indicating the educational institution’s 15 preliminary intent to purchase or lease such property, pending 16 the determination of the purchase or lease price of the 17 property under subparagraph (2). 18 (2) If the school district and the educational institution 19 cannot agree on the purchase or lease price of the 20 underutilized property or vacant property, the purchase or 21 lease price of the underutilized property or vacant property 22 shall be an amount equal to the average of the fair market 23 purchase or lease value of the underutilized property or vacant 24 property as determined by two independent appraisals prepared 25 by certified appraisers. The board of directors of the school 26 district shall select, and pay the costs associated with, one 27 certified appraiser, and the educational institution electing 28 to purchase or lease the underutilized property or vacant 29 property shall select, and pay the costs associated with, the 30 other certified appraiser. 31 (3) If, within a reasonable time after the determination 32 of the purchase or lease price of the underutilized property 33 or vacant property under subparagraph (2), an educational 34 institution elects to purchase or lease the underutilized 35 -2- HF 2543.4129 (1) 90 jda/jh 2/ 5
property or vacant property, the educational institution shall 1 provide notice to the board of directors of the school district 2 indicating the educational institution’s election to purchase 3 or lease such property, and the board of directors of the 4 school district and the educational institution shall proceed 5 to negotiate the additional terms of, and effectuate, the sale 6 or lease. 7 4. Subsection 3 shall be construed as independent of 8 the power vested in the electors by section 278.1, and as 9 additional to such power. If a board of directors of a school 10 district has exercised its independent power under subsection 3 11 regarding selling or leasing underutilized property or vacant 12 property to an educational institution that is located within 13 the school district, and has by resolution approved such 14 action, the electors shall not subsequently proceed to exercise 15 their power under section 278.1 for a purpose directly contrary 16 to the action previously approved by the board of directors in 17 accordance with subsection 3. 18 5. The state board of education shall adopt rules pursuant 19 to chapter 17A to administer this section. The rules shall 20 include provisions that determine which educational institution 21 shall be allowed to purchase or lease underutilized property 22 or vacant property when more than one educational institution 23 provides notice to the board of directors of a school district 24 pursuant to subsection 3, paragraph “b” , subparagraph (3), 25 indicating the educational institution’s election to purchase 26 or lease the same underutilized property or vacant property. > 27 13. Page 5, after line 17 by inserting: 28 < DIVISION ___ 29 CHARTER SCHOOLS —— PARTICIPATION IN SCHOOL ACTIVITIES 30 Sec. ___. NEW SECTION . 256E.13 Students receiving 31 instruction over the internet —— participation in activities in 32 district of residence. 33 1. A student enrolled in a charter school who receives 34 educational instruction and course content primarily over the 35 -3- HF 2543.4129 (1) 90 jda/jh 3/ 5 #13.
internet may participate in any cocurricular or extracurricular 1 activities offered to children in the student’s grade or group 2 and sponsored by the district of residence under the same 3 conditions and requirements as the students enrolled in the 4 district of residence. The student may participate in not more 5 than two cocurricular or extracurricular activities during a 6 school year unless the resident district approves the student’s 7 participation in additional activities. The student shall 8 comply with the eligibility, conduct, and other requirements 9 relating to the activity that are established by the district 10 of residence for any student who applies to participate or who 11 is participating in the activity. 12 2. If a student participates in a cocurricular or 13 extracurricular activity in accordance with this section, 14 the district of residence may charge the charter school 15 up to two hundred dollars per activity, for up to two 16 activities. For a cocurricular activity, one semester shall 17 equal one activity. Extracurricular activities for which a 18 resident district may charge up to two hundred dollars per 19 activity for up to two activities under this section include 20 interscholastic athletics, music, drama, and any other activity 21 with a general fund expenditure exceeding five thousand 22 dollars annually. A student may participate in additional 23 extracurricular activities at the discretion of the resident 24 district. The resident district may charge the student a fee 25 for participation in such cocurricular or extracurricular 26 activities equivalent to the fee charged to and paid in the 27 same manner by other resident students. 28 Sec. ___. Section 280.13A, subsection 1, Code 2024, is 29 amended to read as follows: 30 1. If a school district , or nonpublic school , or charter 31 school operating under section 256E.5 does not provide an 32 interscholastic activity for its students, the board of 33 directors of that school district , or the authorities in 34 charge of the nonpublic school , or governing board of the 35 -4- HF 2543.4129 (1) 90 jda/jh 4/ 5
charter school may complete an agreement with another school 1 district , or nonpublic school , or charter school operating 2 under section 256E.5 to provide for the eligibility of its 3 students in interscholastic activities provided by that other 4 school district , or nonpublic school , or charter school . A 5 copy of each agreement completed under this section shall be 6 filed with the appropriate organization as organization is 7 defined in section 280.13 not later than April 30 of the school 8 year preceding the school year in which the agreement takes 9 effect, unless an exception is granted by the organization 10 for good cause. An agreement completed under this section 11 shall be deemed approved unless denied by the organization 12 within ten days after its receipt. The organization shall 13 determine whether an agreement would substantially prejudice 14 the interscholastic activities of other schools. An agreement 15 denied by the organization under this section may be appealed 16 to the state board of education under chapter 290 . > 17 14. Title page, by striking lines 1 through 5 and inserting 18 < An Act relating to education, including by establishing 19 requirements related to the sale or lease of underutilized 20 property or vacant property by school districts, modifying 21 charter school funding and charter school board member 22 requirements, and authorizing students enrolled in charter 23 schools who receive instruction primarily over the internet to 24 participate in activities offered by school districts. > 25 15. By renumbering as necessary. 26 ______________________________ GEHLBACH of Dallas -5- HF 2543.4129 (1) 90 jda/jh 5/ 5 #14. #15.