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803.2 Lease, Sale, or Disposal of School District Buildings & Sites

BUSINESS PROCEDURES

Series 800

 

Policy Title:  Lease, Sale, or Disposal of School District Buildings & Sites                                                                                Code No.  803.2

 

Decisions regarding the lease, sale, or disposal of School District real property are made by the Board.  In making its decision the Board will consider the needs of the educational program and the efficient use of public funds.

Prior to the Board’s final decision regarding real property with a value of $5,000 or more, a public hearing will be held.  The Board will adopt a resolution announcing the proposed sale which will contain notice of the time and place of the public hearing and the description of the property or locally known address.  Notice of the time and place of the public hearing will be published at least once, but not less than 10 days and not more than 20 days prior to the hearing date.  Upon completion of the public hearing, the Board may dispose of the property.

If the real property contains less than two acres, is located outside of a city, is not adjacent to a city, and was previously used as a schoolhouse site, the property may revert to the owner of the tract from whom the property was taken following the procedures set forth in Iowa Code 297.15-.25.

In the case of a sale or lease of school district real property not being used for the educational program, unless otherwise exempted, advertisements for bids will be taken.  If the bids received by the Board are deemed inadequate, the Board may decline to sell or lease the property and re-advertise.

In the case of the razing of a school district facility, at a cost of $40,000.00 or more, the Board will advertise and take bids for the purpose of awarding the contract for the project.

Notwithstanding the provisions in the rest of this policy, student-constructed buildings will be disposed of with the means and timing at the Board’s discretion at the time of sale.  For property greater than $40,000, the process will include both a public hearing and the publishing of the sale in a newspaper of general circulation.  The Board may then approve the sale, reject all bids, or amend the terms at its discretion.

The Superintendent is responsible for coordinating the action necessary for the Board to accomplish the lease, sale, or disposal of school district real property, including student-constructed buildings.  It will also be the responsibility of the Superintendent to make a recommendation to the Board regarding the use of School District real property not being utilized for the educational program.

 

Approved:  October 14, 2003

Reviewed:  June 8, 2021

Revised:  March 8, 2011

Legal Reference:  Iowa Code §§ 297.15-.25 (2013)

Cross Reference:  704 Revenue; 705.1 Purchasing - Bidding; 803 Selling and Leasing