803 SELLING AND LEASING

803.1 DISPOSITION OF OBSOLETE EQUIPMENT

Original Adopted Date:  3-13-83                                             Last Revised Date:  2-24-14                                                     Last Reviewed Date: 8-12-24

School property, such as equipment, furnishings, or supplies (hereafter equipment), will be disposed of when it is determined to be of no further use to the school district.  It is the objective of the school district in disposing of the equipment to achieve the best available price or most economical disposal.

Obsolete equipment having a value of less than $5,000 but more than $500 will be disposed of in a manner determined by the board.   Obsolete equipment having a value of less than $500 will be sold at auction or submitted for bids through school district publications. However, the sale of equipment, furnishings or supplies disposed of in this manner will be published in a newspaper of general circulation.  The publication of the sale will be published with at least one insertion each week for two consecutive weeks.

A public hearing will be held regarding the disposal of the equipment with a value of $5,000 or more prior to the board's final decision.  The board will adopt a resolution announcing the proposed sale and will publish notice of the time and place of the public hearing and the description of the property will be in the resolution.  Notice 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 equipment.

It is the responsibility of the superintendent to make a recommendation to the board regarding the method for disposing of equipment of no further use to the school district.

 

 Legal Reference:     Iowa Code §§ 297.22-.25 

Cross Reference:     704  Revenue

                                 705.1   Purchasing - Bidding

 

803.2 LEASE, SALE OR DISPOSAL OF SCHOOL DISTRICT BUILDINGS & SITES

Original Adopted Date:  4-10-00                                          Last Revised Date: 8-12-24                                                                  Last Reviewed Date: 8-12-24

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.

Before the board may authorize disposition of real property by sale, gift or lease for a period of more than one year, 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 authorize disposition of the property in accordance with the proposal reviewed during the public hearing.

The board may market and authorize the sale of any student constructed buildings by any procedure recommended by the superintendent and authorized by the board, and the public hearing requirement contained in this policy will not apply to the sale of student constructed buildings. The public hearing requirement in this policy will also not apply to the lease of school district real property for a period of one year or less or to the lease of a portion of an existing school building for any term.

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.

The board will not enter into an agreement to prohibit the sale of real property to other educational institutions as defined in Iowa Code 297.24.  If the board offers to sell real property that includes a building or structure, and an educational institution offers to purchase the real property for a purchase price that represents the highest bid the board received, the board will sell the real property to the other educational institution for such purchase price.

 

In the case of the razing of a school district facility, in an amount in excess of the statutory minimum required by law, the board will advertise and take bids or quotes as may be required and defined by Iowa Code 26 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.  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.

 

NOTE: The language above reflects Iowa law regarding the sale of real property and construction of public improvement projects.  

 

Legal Reference: Iowa Code §§ 26; 297.15-.25.

I.C. Iowa Code Description

Iowa Code § 26 Bidding

Iowa Code § 297 School Houses/Sites

Cross References

Code Description

705.01 Purchasing – Bidding

705.01-R(1) Purchasing – Bidding - Suspension and Debarment of Vendors and Contractors Procedure

705.01-R(2) Purchasing – Bidding - Using Federal Funds in Procurement Contracts