118 STAT. 3342 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘ ‘(IV) obtaining lease guarantees (in accord ance with regulations promulgated by the Office of Public Charter School Financing).’.’’. (3) Section 342 is amended to read as follows: ‘‘SEC. 342. PUBLIC SCHOOL SERVICES TO CHARTER SCHOOLS. Section 2209(b) of the District of Columbia School Reform Act of 1995 (sec. 38–1802.09(b), D.C. Official Code) is amended as follows: ‘‘(1) In paragraph (1)— ‘‘(A) by amending subparagraph (A) to read as follows: ‘‘ ‘(A) IN GENERAL.—Notwithstanding any other provi sion of law, regulation, or order relating to the disposition of a facility or property described in subparagraph (B), the Mayor and the District of Columbia government shall give a right of first offer with respect to any facility or property described in subparagraph (B) not previously pur chased, leased, or transferred, or under contract to be pur chased, leased, or transferred, or the subject of a previously proposed resolution submitted by the Mayor on or before December 1, 2004, to the Council of the District of Columbia seeking authority for disposition of such facility or property, or under an Exclusive Rights Agreement executed on or before December 1, 2004, to an eligible applicant whose petition to establish a public charter school has been condi tionally approved under section 2203(d)(2), or a Board of Trustees, with respect to the purchase, lease, transfer, or use of a facility or property described in subparagraph (B).’; ‘‘(B) by amending subparagraph (B)(iii) to read as fol lows: ‘‘ ‘(iii) with respect to which— ‘‘ ‘(I) the Board of Education has transferred jurisdiction to the Mayor and over which the Mayor has jurisdiction on the effective date of this sub clause; or ‘‘ ‘(II) over which the Mayor or any successor agency gains jurisdiction after the effective date of this subclause.’; and ‘‘(C) by adding at the end the following new subpara graph: ‘‘ ‘(C) TERMS OF PURCHASE OR LEASE.—The terms of purchase or lease of a facility or property described in subparagraph (B) shall— ‘‘ ‘(i) be negotiated by the Mayor in accordance with written rules or regulations as determined by the Mayor, and published in the District of Columbia Register; ‘‘ ‘(ii) include rent or an acquisition price, as applicable, that is at the appraised value of the prop erty based on use of the property for school purposes; and ‘‘ ‘(iii) include a lease period, if the property is to be leased, of not less than 25 years, and renewable for additional 25 year periods as long as the eligible applicant or Board of Trustees maintains its charter.’. ‘‘(2) In paragraph (2)(A), by striking ‘first preference’ and inserting ‘a right of first offer’. Ante, p. 1348.
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