Code No. 803.2
LEASE, SALE OR DISPOSAL OF SCHOOL DISTRICT BUILDINGS & SITES
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 education 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 shall 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 education 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 in excess of the statutory minimum required by law, the board will advertise and take bids for the purpose of awarding the contract for the project.
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 education program.
Legal Reference: Iowa Code §§ 297.15-.25 (2009).
Cross Reference: 704 Revenue
705.1 Purchasing - Bidding
803 Selling and Leasing
Reviewed: 02/15/2007, 06/21/2012, 07/21/2016