Planning

Closing/Restructuring Attendance Centers

The school closure decision is one of the most difficult a school board must make. Both economic and non-economic factors must be considered and extensive community participation must be achieved. The Barker Guidelines were laid down by the State Board of Education in the Case of Norman Barker, et al., 1 D.P.I. App. Dec. 145 (1977). 

On July 31, 2009, the Iowa Supreme Court decided that the Barker rules (281-chapter 19) are void.

What does this mean? 
The seven procedural steps that a school board may take when acting to close an attendance center are still a good idea, but are not required by law.

Those steps are:

1. The board shall establish a timeline in advance for carrying out the procedures involved in making the decision on the matter, focusing all aspects of the timeline upon the anticipated date that the board will make its final decision.
2. The board shall inform segments of the community within its district that the matter is under consideration by the board. This shall be done in a manner reasonably calculated to apprise the public of that information.
3. The board shall seek public input in all study and planning steps involved in making the decision.
4. The board and groups and individuals selected by the board shall carry out sufficient research, study, and planning. The research, study, and planning shall include consideration of, at a minimum, student enrollment statistics, transportation costs, financial gains and losses, program offerings, plant facilities, and staff assignment.
5. The board shall promote open and frank public discussion of the facts and issues involved.
6. The board shall make a proper record of all steps taken in the making of the decision.
7. The board shall make its final decision in an open meeting with record made thereof.

Appeals to the State Board from these decisions will no longer be reviewed for compliance with the above steps, but, as directed by the Iowa Supreme Court, using the "abuse of discretion" review standard. Under that standard, if a reasonable person could have found credible evidence supporting the school district's decision, the decision must be affirmed.

The full decision may be read online at:

• Supreme Court Opinion - Closing Schools
• Barker Guidelines
• School Closure Decisions

Facility Planning

The school building of the future needs to be designed as a learning center for the entire community and involve many more members of the community in the school's design and planning. This idea of citizen participation reflects John Dewey's assertion that we not only need education in democracy, but also democracy in education. By engaging students, parents, educators and a wide variety of citizens in planning and designing schools as centers of community, the best aims of a democratic society will be served in both process and product.

The approval process required for the construction of school buildings requires that plans and specifications for all new school buildings, building additions, alterations and renovations used for school functions must be submitted to the Iowa State Building Code Bureau, a Division of State Fire Marshal's Office, prior to the public bidding process. Plans and specifications must be submitted to the State Building Code Commissioner’s Office for review and comment if there is no local building code in effect in the local jurisdiction in which the construction is planned or is not enforced through a local building code system that reviews plans and conducts inspections. A written response by the design professional indicating corrective measures taken to address the commissioner’s plan review comments shall be submitted to and approved by the commissioner prior to the issuance of construction documents for bidding. Bidding may commence on a project after the preliminary meeting provided for in subrule 300.4(3) if all items on the preliminary meeting checklist have been resolved to the satisfaction of the commissioner. These plans should be prepared and sealed by an architect or an engineer licensed to practice in Iowa (Iowa Code 544A). Fire alarm plans and sprinkler plans and specifications are required for the submittal, along with the plan review fee and the plan submittal sheets. The state is required to make comments on these documents within sixty days. It is no longer necessary to submit plans to the Iowa Department of Education.

All new construction of school facilities used for educational use requires an architect. School districts are governmental entities that are empowered by law to enter into contracts for the construction of public improvements. If the estimated total cost of a public improvement exceeds the competitive bid threshold of $139,000, the governmental entity must follow the competitive bid law (Iowa Code 26.3) and have an engineer licensed under Iowa Code 542B, a landscape architect licensed under Iowa Code 544B, or an architect registered under Iowa Code 544A prepare plans and specifications, and calculate the estimated total cost of a proposed public improvement. Any new construction of a building or alterations to an existing building for the school district, no matter what size, is classified as educational use or governmental use that requires an architect per Iowa Administrative Code 193B - 5.4. The Board of Architectural Examiners website provides information about the requirement of an architect for educational and governmental improvement projects. To waive the use of an architect for a small building such as a storage building that is unoccupied, the school district may apply for a waiver from the administrative rules to the Department of Commerce Professional Licensing & Regulation Division.

A governmental entity shall ensure that a sufficient number of paper copies, and if available, electronic and digital copies of the project’s contract documents, including all drawings, plans, specifications, and estimated total costs of the proposed public improvement are made available for distribution at no charge to prospective bidders, subcontractor bidders, suppliers, and plan room services. Public improvement (Iowa Code 26.2) means a building or construction work which is constructed under the control of a governmental entity and is paid for in whole or in part with funds of the governmental entity, including a building or improvement constructed or operated jointly with any other public or private agency, but excluding emergency work or repair or maintenance work performed by employees of a governmental entity. For school districts, examples of public improvement projects include school facilities, transportation facilities, and athletic complex facilities.

Competitive quotations for public improvement contracts (Iowa Code 26.14) shall be required for a public improvement having an estimated total cost that exceeds the applicable threshold amount of $77,000 for a school district having a population of fifty thousand or more or the threshold amount of $57,000 for a school district having a population of less than fifty thousand, but is less than the competitive bid threshold of $139,000. These thresholds may be adjusted upward periodically.  When a competitive quotation is required, the governmental entity shall make a good faith effort to obtain quotations for the work from at least two contractors regularly engaged in such work prior to letting a contract. Quotations may be obtained from contractors after the governmental entity provides a description of the work to be performed, including plans and specifications prepared by an architect, landscape architect, or engineer.

For new buildings or if site improvements are part of the project, a site plan showing compliance with State Accessibility Codes, Iowa Administrative Code 661-302 and 661-18, is required.

Projects meeting the following definition must submit a Life Cycle Cost Analysis prior to construction: "...any public agency shall prepare a Life Cycle Cost Analysis for any new construction having 20,000 square feet of usable floor space which is heated or cooled by a mechanical or electrical system or for any renovation where additions or alterations exceed 50 percent of the value of the facility and will effect an energy system." Iowa Code 470

Boiler and/or Elevator Inspections, if applicable, are handled by the Iowa Division of Labor.

Information about portable buildings is given in Iowa Administrative Code 661-16.

Local Building Code and Fire Code Officials in larger cities often have concurrent jurisdiction on educational occupancies with the State Fire Marshal's Office. It is important to contact these officials to determine the need for their review and approval of any construction projects.

A school district that uses secure an advanced vision for education fund moneys for school infrastructure [LOSST/SAVE] shall comply with the state building code in the absence of a local building code (Iowa Code 423F.3(6)"c"). Because K-12 educational buildings, not located in jurisdictions which have been delegated enforcement authority from the State Fire Marshal, must already have plans submitted to that Office, the practical effects of this law are the following: Plans for educational projects, which are required to be submitted to the State Fire Marshal's Office, will be reviewed for compliance with both the State Fire Code and State Building Code if the project is located in a jurisdiction that utilizes LOSST/SAVE moneys for school infrastructure and if the project is not subject to a local building code. Requirements for plan reviews and inspections can be found in Iowa Code 103A.10A and in Iowa Administrative Code 661-300.4.

More information on the plan reviews from the State Fire Marshal Division website.

Iowa Code Chapter 26 Public Construction Bidding

Specific areas covered in Chapter 26 are the following:

• Competitive bids for public improvement contracts (Iowa Code section 26.3(1)).If the estimated total cost of a public improvement exceeds the competitive bid threshold of $139,000, or the adjusted competitive bid threshold established in section 314.1B, the governmental entity shall advertise for sealed bids for the proposed public improvement by posting a notice to bidders not less than thirteen and not more than forty-five days before the date for filing bids in a relevant contractor plan room service with statewide circulation and a relevant construction lead generating service with statewide circulation and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity. If circumstances beyond the control of the governmental entity cause a scheduled bid letting to be postponed and there are no changes to the project’s contract documents, a notice to bidders of the revised date shall be posted not less than four and not more than forty-five days before the revised date for filing bids in a relevant contractor plan room service with statewide circulation and a relevant construction lead generating service with statewide circulation and on an internet site sponsored by either a governmental entity or a statewide association that represents the governmental entity.
• Prohibited contracts (Iowa Code 26.5). If the estimated total cost of a public improvement exceeds the competitive bid threshold of $139,000, or as established in section 314.1B, a governmental entity shall not divide the public improvement project into separate parts, regardless of intent, if a resulting part of the public improvement project is not let in accordance with section 26.3.
• Bid security (Iowa Code 26.8(1)). Each bidder shall accompany its bid with a bid security as security that the successful bidder will enter into a contract for the work bid upon and will furnish after the award of contract a corporate surety bond for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract.
• Public Hearing (Iowa Code 26.12). If the estimated total cost of a public improvement exceeds the competitive bid threshold in section 26.3, or as adjusted in section 314.1B, the governmental entity shall not enter into a contract for the public improvement until the governmental entity has held a public hearing and has approved the proposed plans, specifications, and form of contract, and estimated total cost of the public improvement. Notice of the hearing must be published as provided in section 362.3.
• Competitive Quotations (Iowa Code 26.14(1)). Competitive quotations shall be required for a public improvement having an estimated total cost that exceeds the applicable threshold amount provided in this section, but is less than the competitive bid threshold established in section 26.3.
• Alternative Procedures (Iowa Code 26.14A). When competitive quotations are required under section 26.14 for a public improvement, the governmental entity may proceed, in lieu of competitive quotations, as if the estimated total cost of the public improvement exceeds the competitive bid threshold under section 26.3.

If the total estimated cost of the public improvement does not warrant either competitive quotations under section 26.14 or competitive bidding under section 26.3, the governmental entity may nevertheless proceed with competitive quotations or competitive bidding for the public improvement.

Suspended and Debarred Contractors: What small businesses Should Know

Bid and Quotation Thresholds (Iowa Code 314.1B)

The table above is meant to provide a broad overview only and is not to be relied upon as legal advice. For legal advice, contact your school attorney for guidance.

Bid and Quote Procedures for Iowa Cities and Counties - Includes a table of adjustments to the bid and quotation thresholds.