Text: HF02195 Text: HF02197 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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1 1 Section 1. NEW SECTION. 256D.1 TITLE.
1 2 This chapter shall be known and may be cited as the
1 3 "Charter School Act".
1 4 Sec. 2. NEW SECTION. 256D.2 PURPOSES.
1 5 1. It is the purpose of this chapter to provide a means to
1 6 revitalize education and continually do all of the following:
1 7 a. Improve student learning.
1 8 b. Increase learning opportunities for students.
1 9 c. Encourage the use of different and innovative teaching
1 10 methods.
1 11 d. Require the measurement of learning outcomes and create
1 12 different and innovative methods for measuring outcomes.
1 13 e. Establish new forms of accountability for schools.
1 14 f. Create new professional opportunities for teachers,
1 15 including the opportunity to be responsible for the learning
1 16 program at the school site.
1 17 2. This chapter does not provide a means to keep open a
1 18 school that otherwise would be closed. Applicants bear the
1 19 burden of proving that conversion to a charter school fulfills
1 20 a purpose specified in this chapter and independent of the
1 21 school's closing.
1 22 Sec. 3. NEW SECTION. 256D.3 DEFINITIONS.
1 23 As used in this chapter unless the context otherwise
1 24 requires:
1 25 1. "Department" means the department of education.
1 26 2. "Director" means the director of the department of
1 27 education.
1 28 3. "Sponsor" means a school board, accredited private
1 29 postsecondary institution, community college, or institution
1 30 of higher learning under the control of the state board of
1 31 regents authorized to sponsor one or more charter schools.
1 32 4. "State board" means the state board of education.
1 33 Sec. 4. NEW SECTION. 256D.4 APPLICABILITY.
1 34 This section applies only to charter schools formed and
1 35 operated under this chapter.
2 1 Sec. 5. NEW SECTION. 256D.5 FORMATION OF SCHOOL.
2 2 1. A school board, private college, community college, or
2 3 an institution of higher learning under the control of the
2 4 state board of regents may sponsor one or more charter schools
2 5 as provided in this section.
2 6 2. A sponsor may authorize one or more teachers, who are
2 7 licensed under chapter 272, to operate a charter school
2 8 subject to the approval of the state board. If one or more
2 9 teachers applies to a school board for sponsorship and the
2 10 school board elects not to sponsor a charter school, the
2 11 applicant may appeal the school board's decision to the state
2 12 board of education if two members of the local school board
2 13 voted to sponsor the school. If the state board authorizes
2 14 the school, the state board shall sponsor the school according
2 15 to this section. A charter school shall be organized and
2 16 operated as a nonprofit cooperative association under chapter
2 17 498 or nonprofit corporation under chapter 504A.
2 18 3. Before a sponsor may form and operate a school, the
2 19 sponsor must file an affidavit with the state board stating
2 20 its intent to authorize a charter school. The affidavit shall
2 21 state the terms and conditions under which the sponsor pledges
2 22 to authorize a charter school. The state board shall approve
2 23 or disapprove a sponsor's proposed authorization within sixty
2 24 days of receipt of an affidavit. Failure to obtain state
2 25 board approval precludes a sponsor from authorizing the
2 26 charter school that was the subject of the affidavit.
2 27 4. A sponsor approved by the state board to organize and
2 28 operate a charter school shall conduct an election for members
2 29 of the charter school's board of directors in a timely manner
2 30 once the charter school begins operation. Any staff members
2 31 employed at the school, including teachers providing
2 32 instruction under a contract with a cooperative or corporation
2 33 and all parents of children enrolled in the school, may vote
2 34 in the election. Licensed teachers employed at the school,
2 35 including teachers providing instruction under a contract with
3 1 a cooperative or corporation, shall be a majority of the
3 2 members of the board of directors. A provisional board may
3 3 operate before the election of the school's board of
3 4 directors. The board of directors is a governmental body for
3 5 purposes of chapter 21.
3 6 5. The granting or renewal of a charter by a sponsoring
3 7 entity shall not be conditioned upon the bargaining unit
3 8 status of the employees of the school.
3 9 Sec. 6. NEW SECTION. 256D.6 CONVERSION OF EXISTING
3 10 SCHOOLS.
3 11 The board of directors of a school district may convert one
3 12 or more of its existing schools to charter schools under this
3 13 chapter if ninety percent of the full-time teachers employed
3 14 to teach at the school sign a petition seeking conversion.
3 15 The conversion must occur at the beginning of an academic
3 16 year.
3 17 Sec. 7. NEW SECTION. 256D.7 CONTRACT.
3 18 The sponsor's authorization for a charter school shall be
3 19 in the form of a written contract signed by the sponsor and
3 20 the board of directors of the charter school. The contract
3 21 for a charter school shall be in writing and contain, at a
3 22 minimum, the following:
3 23 1. A description of a program that carries out one or more
3 24 of the purposes enumerated in section 256D.2.
3 25 2. Specific outcomes students are to achieve under section
3 26 256D.11.
3 27 3. Admission policies and procedures.
3 28 4. A description of the management and administration of
3 29 the charter school.
3 30 5. Requirements and procedures for program and financial
3 31 audits.
3 32 6. A plan describing methods for complying with sections
3 33 256D.9, 256D.14, 256D.17, and 256D.24.
3 34 7. Assurance of the assumption of liability by the charter
3 35 school.
4 1 8. Types and amounts of insurance coverage to be obtained
4 2 by the charter school.
4 3 9. The term of the contract, which may be up to three
4 4 years.
4 5 Sec. 8. NEW SECTION. 256D.8 PUBLIC STATUS – EXEMPTION
4 6 FROM STATUTES AND RULES.
4 7 A charter school is a public school and is part of the
4 8 state's system of public education. Except as provided in
4 9 this chapter, a charter school is exempt from all statutes and
4 10 rules applicable to a school, a school board, or a school
4 11 district, although it may elect to comply with one or more
4 12 provisions of statutes or rules.
4 13 Sec. 9. NEW SECTION. 256D.9 REQUIREMENTS.
4 14 1. A charter school shall meet all applicable state and
4 15 local health and safety requirements.
4 16 2. A charter school sponsored by a school board may be
4 17 located in any school district, unless the school board of the
4 18 school district of the proposed location disapproves by
4 19 written resolution. If a school board disapproves by
4 20 resolution a request to locate within its boundaries a charter
4 21 school sponsored by another school board, the sponsoring
4 22 school board may appeal to the state board of education. If
4 23 the state board authorizes the school, the state board shall
4 24 sponsor the school.
4 25 3. A charter school shall be nonsectarian in its programs,
4 26 admission policies, employment practices, and all other
4 27 operations. A sponsor shall not authorize a charter school or
4 28 program that is affiliated with a nonpublic sectarian school
4 29 or a religious institution.
4 30 4. Charter schools shall not be used as a method of
4 31 providing education or generating revenue for students who are
4 32 receiving competent private instruction pursuant to chapter
4 33 299A.
4 34 5. The primary focus of a charter school shall be to
4 35 provide a comprehensive program of instruction for at least
5 1 one grade or age group from five through eighteen years of
5 2 age. Instruction may be provided to people younger than five
5 3 years or older than eighteen years of age.
5 4 6. A charter school shall not charge tuition.
5 5 7. A charter school is subject to and shall comply with
5 6 chapters 216 and 216A relating to civil and human rights.
5 7 8. A charter school is subject to and shall comply with
5 8 sections 275.55A, 279.9A, 280.17B, 280.21B, and 282.4,
5 9 relating to suspension and expulsion of a student.
5 10 9. A charter school is subject to the same financial
5 11 audits, audit procedures, and audit requirements as a school
5 12 district. The audit shall be consistent with the requirements
5 13 of sections 11.6, 11.14, 11.19, 256.9, subsection 19, and
5 14 section 279.29, except to the extent deviations are necessary
5 15 because of the program at the school. The department, the
5 16 auditor of state, or the legislative fiscal bureau may conduct
5 17 financial, program, or compliance audits.
5 18 10. A charter school is a school district for the purposes
5 19 of tort liability under chapter 670.
5 20 Sec. 10. NEW SECTION. 256D.10 ADMISSION REQUIREMENTS.
5 21 1. A charter school may limit admission to any of the
5 22 following:
5 23 a. Students within an age group or grade level.
5 24 b. Individuals who are eligible to participate in an
5 25 alternative options education program under section 280.19A.
5 26 c. Residents of a specific geographic area where the
5 27 percentage of the population of non-Caucasian people of that
5 28 area is greater than the percentage of the non-Caucasian
5 29 population in the congressional district in which the
5 30 geographic area is located, and as long as the school reflects
5 31 the racial and ethnic diversity of the specific area.
5 32 2. A charter school shall enroll an eligible student who
5 33 submits a timely application, unless the number of
5 34 applications exceeds the capacity of a program, class, grade
5 35 level, or building. In this case, students shall be accepted
6 1 by lot.
6 2 3. A charter school shall not limit admission to students
6 3 on the basis of intellectual ability, measures of achievement
6 4 or aptitude, or athletic ability.
6 5 Sec. 11. NEW SECTION. 256D.11 STUDENT PERFORMANCE.
6 6 A charter school shall design its programs to at least meet
6 7 any outcomes adopted by the state board for public school
6 8 students. In the absence of state board requirements, the
6 9 school shall meet the outcomes contained in the contract with
6 10 the sponsor. The achievement levels of the outcomes contained
6 11 in the contract may exceed the achievement levels of any
6 12 outcomes adopted by the state board for public school
6 13 students.
6 14 Sec. 12. NEW SECTION. 256D.12 EMPLOYMENT AND OTHER
6 15 OPERATING MATTERS.
6 16 A charter school shall employ or contract with necessary
6 17 teachers, as defined in section 272.1, who hold a valid
6 18 license with an endorsement for the type of service for which
6 19 the teacher is employed. The school may employ necessary
6 20 employees who are not required to hold teaching licenses to
6 21 perform duties other than teaching and may contract for other
6 22 services. The school may discharge teachers and nonlicensed
6 23 employees.
6 24 The board of directors of the charter school also shall
6 25 decide matters related to the operation of the school,
6 26 including budgeting, curriculum, and operating procedures.
6 27 Sec. 13. NEW SECTION. 256D.13 STUDENTS WITH SPECIAL
6 28 EDUCATION NEEDS.
6 29 A charter school shall comply with chapter 256B and
6 30 administrative rules adopted pursuant to that chapter relating
6 31 to the education of students with special education needs, and
6 32 receive state special education aid, as though it were a
6 33 school district. For children requiring special education,
6 34 the board of directors of the district of residence shall pay
6 35 to the charter school the actual costs incurred in providing
7 1 the appropriate special education.
7 2 Sec. 14. NEW SECTION. 256D.14 LENGTH OF SCHOOL YEAR.
7 3 A charter school shall provide instruction each year for at
7 4 least the number of days required by section 279.10,
7 5 subsection 1, unless the school provides instruction
7 6 throughout the year according to section 256.20 or 279.10,
7 7 subsection 3.
7 8 Sec. 15. NEW SECTION. 256D.15 REPORTS.
7 9 A charter school shall report at least annually to its
7 10 sponsor and the state board of education the information
7 11 required by the sponsor or the state board. The reports are
7 12 public records subject to chapter 22.
7 13 Sec. 16. NEW SECTION. 256D.16 REVIEW AND COMMENT.
7 14 The department shall review and comment on the evaluation,
7 15 by the sponsor, of the performance of a charter school before
7 16 the charter school's contract is renewed. The information
7 17 from the review and comment shall be reported to the state
7 18 board in a timely manner. Periodically, the state board shall
7 19 report trends or suggestions based on the evaluation of
7 20 charter school contracts to the house and senate education
7 21 committees.
7 22 Sec. 17. NEW SECTION. 256D.17 TRANSPORTATION.
7 23 1. By July 1 of each year, a charter school shall notify
7 24 the district in which the school is located and the department
7 25 if it will provide transportation for students enrolled at the
7 26 school for the fiscal year.
7 27 2. If a charter school elects to provide transportation
7 28 for students, the transportation shall be provided by the
7 29 charter school within the district in which the charter school
7 30 is located. The state shall pay transportation aid to the
7 31 charter school according to section 285.1.
7 32 3. For students who reside outside the district in which
7 33 the charter school is located, the charter school is not
7 34 required to provide or pay for transportation between the
7 35 student's residence and the border of the district in which
8 1 the charter school is located. A parent may be reimbursed by
8 2 the charter school for costs of transportation from the
8 3 student's residence to the border of the district in which the
8 4 charter school is located if the student is from a family
8 5 whose income is at or below the poverty level, as defined by
8 6 the most recently revised poverty income guidelines published
8 7 by the United States department of health and human services.
8 8 The reimbursement shall be in the manner provided in section
8 9 285.3 for parental reimbursement for nonpublic school student
8 10 transportation.
8 11 4. At the time a student enrolls in a charter school, the
8 12 charter school shall provide the parent or guardian with
8 13 information regarding the transportation.
8 14 5. If a charter school does not elect to provide
8 15 transportation, transportation for students enrolled at the
8 16 school shall be provided by the district in which the school
8 17 is located, in the manner provided in section 285.1,
8 18 subsection 15, for a student residing in the same district in
8 19 which a nonpublic school designated for attendance is located.
8 20 Transportation may be provided by the district in which the
8 21 charter school is located for a student residing in a
8 22 different district, in the same manner provided for in section
8 23 285.1, subsection 16, for students whose nonpublic school
8 24 designated for attendance is located outside the boundary line
8 25 of the school district of the student's residence.
8 26 Sec. 18. NEW SECTION. 256D.18 LEASED SPACE.
8 27 A charter school may lease space from a school board
8 28 eligible to be a sponsor or other public or private nonprofit,
8 29 nonsectarian organization. If a charter school is unable to
8 30 lease appropriate space from an eligible school board or other
8 31 public or private nonprofit, nonsectarian organization, the
8 32 school may lease space from another nonsectarian organization
8 33 if the department, in consultation with the department of
8 34 management, approves the lease. If the school is unable to
8 35 lease appropriate space from public or private nonsectarian
9 1 organizations, the school may lease space from a sectarian
9 2 organization if the leased space is constructed as a school
9 3 facility and the department, in consultation with the
9 4 department of management, approves the lease.
9 5 Sec. 19. NEW SECTION. 256D.19 INITIAL COSTS.
9 6 A sponsor may authorize a charter school before the
9 7 applicant has secured its space, equipment, facilities, and
9 8 personnel if the applicant indicates the authority is
9 9 necessary for it to raise working capital. A sponsor may not
9 10 authorize a school before the state board of education has
9 11 approved the authorization.
9 12 Sec. 20. NEW SECTION. 256D.20 DISSEMINATE INFORMATION.
9 13 The sponsor, the operators, and the department shall
9 14 disseminate information to the public on how to form and
9 15 operate a charter school and how to utilize the offerings of a
9 16 charter school. Particular groups to be targeted include low-
9 17 income families and communities and students of color.
9 18 Sec. 21. NEW SECTION. 256D.21 LEAVE TO TEACH IN A
9 19 CHARTER SCHOOL.
9 20 If a teacher employed by a school district makes a written
9 21 request for an extended leave of absence to teach at a charter
9 22 school, the school district shall grant the leave for any
9 23 number of years requested by the teacher, and must extend the
9 24 leave at the teacher's request. The school district may
9 25 require that the request for a leave or extension of leave be
9 26 made up to ninety days before the teacher would otherwise have
9 27 to report for duty.
9 28 During a leave, the teacher may continue to aggregate
9 29 benefits and credits in the Iowa public employees' retirement
9 30 system by paying both the employer and employee contributions
9 31 based upon the annual salary of the teacher for the last full
9 32 pay period before the leave began. The Iowa public employees'
9 33 retirement system may impose reasonable requirements to
9 34 efficiently administer this section.
9 35 Sec. 22. NEW SECTION. 256D.22 COLLECTIVE BARGAINING.
10 1 Employees of the board of directors of a charter school
10 2 may, if otherwise eligible, organize under chapter 20 and
10 3 comply with its provisions. The board of directors of a
10 4 charter school is a public employer, for the purposes of
10 5 chapter 20, upon formation of one or more bargaining units at
10 6 the school. Bargaining units at the school shall be separate
10 7 from any other units within the sponsoring district, except
10 8 that bargaining units may remain part of the appropriate unit
10 9 within the sponsoring district if the employees of the school,
10 10 the board of directors of the school, the exclusive
10 11 representative of the appropriate unit in the sponsoring
10 12 district, and the school board of the sponsoring district
10 13 agree to include the employees in the appropriate unit of the
10 14 sponsoring district.
10 15 Sec. 23. NEW SECTION. 256D.23 TEACHER AND OTHER EMPLOYEE
10 16 RETIREMENT.
10 17 Teachers in a charter school shall be public school
10 18 teachers for the purposes of retirement under chapter 97B.
10 19 Sec. 24. NEW SECTION. 256D.24 CAUSES FOR NONRENEWAL OR
10 20 TERMINATION.
10 21 1. The duration of a charter school contract with a
10 22 sponsor shall be for the term contained in the contract
10 23 according to section 256D.7. The sponsor may or may not renew
10 24 a contract at the end of the term for any ground listed in
10 25 subsection 2. A sponsor may unilaterally terminate a contract
10 26 during the term of the contract for any ground listed in
10 27 subsection 2. At least sixty days before not renewing or
10 28 terminating a contract, the sponsor shall notify the board of
10 29 directors of the charter school of the proposed action in
10 30 writing. The notice shall state the grounds for the proposed
10 31 action in reasonable detail and that the charter school's
10 32 board of directors may request in writing an informal hearing
10 33 before the sponsor within fourteen days of receiving notice of
10 34 nonrenewal or termination of the contract. Failure by the
10 35 board of directors to make a timely written request for a
11 1 hearing shall be treated as acquiescence to the proposed
11 2 action. Upon receiving a timely written request for a
11 3 hearing, the sponsor shall give reasonable notice to the
11 4 charter school's board of directors of the hearing date. The
11 5 sponsor shall conduct an informal hearing before taking final
11 6 action. The sponsor shall take final action to renew or not
11 7 renew a contract by the last day of classes in the school
11 8 year. If the sponsor is a local school board, the charter
11 9 school's board of directors may appeal the sponsor's decision
11 10 to the state board.
11 11 2. A contract may be terminated or not renewed upon any of
11 12 the following grounds:
11 13 a. Failure to meet the requirements for student
11 14 performance contained in the contract.
11 15 b. Failure to meet generally accepted standards of fiscal
11 16 management.
11 17 c. For violations of law or other good cause shown.
11 18 3. If a contract is terminated or not renewed, the school
11 19 shall be dissolved according to the applicable provisions of
11 20 chapter 498 or 504A.
11 21 Sec. 25. NEW SECTION. 256D.25 STUDENT ENROLLMENT.
11 22 If a charter school contract is not renewed or is
11 23 terminated according to section 256D.24, a student who
11 24 attended the school, siblings of the student, or another
11 25 student who resides in the same place as the student may
11 26 enroll in the resident district or may submit an application
11 27 to a nonresident district according to section 282.18 at any
11 28 time. Applications and notices required by section 282.18
11 29 shall be processed and provided in a prompt manner. The
11 30 application and notice deadlines in section 282.18 do not
11 31 apply under these circumstances.
11 32 Sec. 26. NEW SECTION. 256D.26 GENERAL AUTHORITY.
11 33 The board of directors of a charter school may sue and be
11 34 sued. The board may not levy taxes or issue bonds.
11 35 Sec. 27. NEW SECTION. 256D.27 IMMUNITY.
12 1 The state board, members of the state board, a sponsor,
12 2 members of the board of a sponsor in their official capacity,
12 3 and employees of a sponsor are immune from civil or criminal
12 4 liability with respect to all activities related to a charter
12 5 school they approve or sponsor.
12 6 The board of directors of the charter school shall obtain
12 7 at least the amount of and types of insurance required by the
12 8 contract, according to section 256D.7.
12 9 Sec. 28. NEW SECTION. 256D.28 STATE SCHOOL FOUNDATION
12 10 AID FOR A CHARTER SCHOOL.
12 11 1. A student enrolled in a charter school shall be
12 12 counted, for state school foundation aid purposes, in the
12 13 student's district of residence. A student's residence, for
12 14 purposes of this section, shall be as established under
12 15 section 282.1. The board of directors of the district of
12 16 residence shall pay to the charter school the district cost
12 17 per pupil, or the charter school's cost per pupil as
12 18 determined by the department based upon information supplied
12 19 by the charter school, whichever is lowest, plus any moneys
12 20 received for the student as a result of non-English-speaking
12 21 weighting under section 280.4, subsection 3, for each school
12 22 year. The district of residence shall also transmit the phase
12 23 III moneys allocated to the district for the full-time
12 24 equivalent attendance of the student to the charter school.
12 25 2. If a parent or guardian of a child enrolled in a
12 26 charter school under this chapter moves to a different school
12 27 district during the course of either district's academic year,
12 28 the child's first district of residence shall be responsible
12 29 for payment of the cost per pupil plus weightings or special
12 30 education costs to the charter school for the balance of the
12 31 school year in which the move took place. The new district of
12 32 residence shall be responsible for the payments during the
12 33 succeeding years.
12 34 Sec. 29. NEW SECTION. 256D.29 AUTHORIZED EXPENDITURES.
12 35 A charter school is a public school for purposes of section
13 1 257.7.
13 2 Sec. 30. NEW SECTION. 256D.30 BUILDING LEASE AID.
13 3 When a charter school finds it economically advantageous to
13 4 rent or lease a building or land for any instructional purpose
13 5 and it determines that the total school foundation aid under
13 6 section 256D.28 is insufficient for this purpose, it may apply
13 7 to the school budget review committee for supplemental aid for
13 8 this purpose. The charter school is a public school for
13 9 purposes of section 257.31.
13 10 Sec. 31. NEW SECTION. 256D.31 OTHER AID – GRANTS –
13 11 REVENUE.
13 12 1. A charter school is eligible to receive other aid,
13 13 grants, and revenue according to Title VII, subtitle 1, as
13 14 though it were a school district. However, it may not receive
13 15 aid, a grant, or revenue if a levy is required to obtain the
13 16 money. Federal aid received by the state must be paid to the
13 17 school, if it qualifies for the aid as though it were a school
13 18 district.
13 19 2. Except as provided in section 256D.32, a charter school
13 20 may receive money from any source for facilities needs. In
13 21 the year-end report to the state board of education, the
13 22 charter school shall report the total amount of funds received
13 23 from grants and other outside sources.
13 24 Sec. 32. NEW SECTION. 256D.32 USE OF STATE MONEY.
13 25 Money received from the state may not be used to purchase
13 26 land or buildings. The school may own land and buildings if
13 27 obtained through nonstate sources.
13 28 EXPLANATION
13 29 This bill sets up provisions by which charter schools may
13 30 be established. The bill also establishes the purposes for
13 31 which the schools shall be established.
13 32 Sponsorship: A school board, private college, community
13 33 college, or an institution of higher learning under the
13 34 control of the state board of regents may sponsor one or more
13 35 charter schools.
14 1 Operation of charter school: A sponsor may authorize one
14 2 or more teachers to operate a charter school subject to the
14 3 approval of the state board of education. The school shall be
14 4 organized and operated as a nonprofit cooperative association
14 5 or nonprofit corporation. Before a sponsor may form and
14 6 operate a school, the sponsor must file an affidavit with the
14 7 state board stating its intent to authorize a charter school
14 8 and receive state board approval.
14 9 Charter school board of directors: A sponsor approved by
14 10 the state board to organize and operate a charter school shall
14 11 hold an election for members of the charter school's board of
14 12 directors in a timely manner after the school is operating.
14 13 Any staff members employed at the school and all parents of
14 14 children enrolled in the school may vote in the election.
14 15 Collective bargaining: The granting or renewal of a
14 16 charter by a sponsoring entity shall not be conditioned upon
14 17 the bargaining unit status of the employees of the school.
14 18 Employees of the board of directors of a charter school may,
14 19 if otherwise eligible, organize under chapter 20 and comply
14 20 with its provisions. The board of directors of a charter
14 21 school is a public employer, for the purposes of chapter 20,
14 22 upon formation of one or more bargaining units at the school.
14 23 Conversion of existing schools: The board of directors of
14 24 a school district may convert one or more of its existing
14 25 schools to charter schools if 90 percent of the full-time
14 26 teachers employed to teach at the school sign a petition
14 27 seeking conversion.
14 28 Contract: The sponsor's authorization for a charter school
14 29 shall be in the form of a written contract signed by the
14 30 sponsor and the board of directors of the charter school. The
14 31 bill sets forth the items a contract must contain.
14 32 Public school status: A charter school is a public school
14 33 and is part of the state's system of public education but,
14 34 except as provided in the bill, is exempt from all statutes
14 35 and rules applicable to a school, a school board, or a school
15 1 district, although it may elect to comply with one or more
15 2 provisions of statutes or rules. For example, a charter
15 3 school shall meet and abide by all applicable state and local
15 4 health and safety requirements, length of school year Code
15 5 provisions, civil and human rights laws, and laws relating to
15 6 suspension and expulsion of a student, and is subject to the
15 7 same financial audits, audit procedures, and audit
15 8 requirements as a school district. A charter school must be
15 9 nonsectarian in its programs, admission policies, employment
15 10 practices, and all other operations. The school may not be
15 11 used for home schooling purposes.
15 12 Location within a school district: A charter school
15 13 sponsored by a school board may be located in any district,
15 14 unless the school board of the district of the proposed
15 15 location disapproves by written resolution. However, the
15 16 district can appeal to the state board.
15 17 Primary focus: To provide a comprehensive program of
15 18 instruction for at least one grade or age group from five
15 19 through 18 years of age. Instruction may be provided to
15 20 people younger than five years and older than 18 years of age.
15 21 Tuition-free: A charter school shall not charge tuition.
15 22 Admission requirements: A charter school may limit
15 23 admission to students within an age group or grade level,
15 24 individuals eligible to participate in an alternative options
15 25 education program for dropouts or potential dropouts, or
15 26 residents of a specific geographic area where the percentage
15 27 of the population of non-Caucasian people of that area is
15 28 greater than the percentage of the non-Caucasian population in
15 29 the congressional district in which the geographic area is
15 30 located, and as long as the school reflects the racial and
15 31 ethnic diversity of the specific area. A charter school shall
15 32 not limit admission to students on the basis of intellectual
15 33 ability, measures of achievement or aptitude, or athletic
15 34 ability.
15 35 Student performance achievement outcomes: A charter school
16 1 shall design its programs to at least meet any outcomes
16 2 adopted by the state board for public school students. In the
16 3 absence of state board requirements, the school shall meet the
16 4 outcomes contained in the contract with the sponsor.
16 5 Employment: A charter school shall employ or contract with
16 6 necessary teachers who hold a valid license with an
16 7 endorsement for the type of service for which the teacher is
16 8 employed. The school may employ necessary employees who are
16 9 not required to hold teaching licenses to perform duties other
16 10 than teaching and may contract for other services. The school
16 11 may discharge teachers and nonlicensed employees.
16 12 Students with special education needs: A charter school
16 13 shall comply with Code chapter 256B and administrative rules
16 14 relating to the education of students with special education
16 15 needs, and receive state special education aid, as though it
16 16 were a school district.
16 17 Reports: A charter school must report at least annually to
16 18 its sponsor and the state board of education and the reports
16 19 are public records.
16 20 Departmental review and comment prior to renewal: The
16 21 department of education shall review and comment on the
16 22 evaluation, by the chartering school district, of the
16 23 performance of a charter school before the charter school's
16 24 contract is renewed.
16 25 Transportation: By July 1 of each year, a charter school
16 26 shall notify the district in which the school is located and
16 27 the department if it will provide transportation for students
16 28 enrolled at the school for the fiscal year. The state shall
16 29 pay transportation aid to the charter school as if it were a
16 30 public school, and shall reimburse charter school parents and
16 31 school districts for transportation costs in the same manner
16 32 as parents and school districts are reimbursed for
16 33 transportation costs. However, a parent may be reimbursed by
16 34 the charter school for costs of transportation from the
16 35 student's residence to the border of the district in which the
17 1 charter school is located if the student is from a family
17 2 whose income is at or below the poverty level.
17 3 Leased space: A charter school may lease space from a
17 4 school board eligible to be a sponsor or other public or
17 5 private nonprofit, nonsectarian organization. If the school
17 6 is unable to lease appropriate space from public or private
17 7 nonsectarian organizations, the school may lease space from a
17 8 sectarian organization if the leased space is constructed as a
17 9 school facility and the department, in consultation with the
17 10 department of management, approves the lease.
17 11 Initial costs: A sponsor may authorize a charter school
17 12 before the applicant has secured its space, equipment,
17 13 facilities, and personnel if the applicant indicates the
17 14 authority is necessary for it to raise working capital.
17 15 Leave to teach in a charter school: If a teacher employed
17 16 by a school district makes a written request for an extended
17 17 leave of absence to teach at a charter school, the school
17 18 district shall grant the leave for any number of years
17 19 requested by the teacher, and must extend the leave at the
17 20 teacher's request.
17 21 Iowa public employees' retirement system: Teachers in a
17 22 charter school shall be public school teachers for the
17 23 purposes of retirement under Code chapter 97B. During a
17 24 leave, the teacher may continue to aggregate benefits and
17 25 credits in the Iowa public employees' retirement system by
17 26 paying both the employer and employee contributions based upon
17 27 the annual salary of the teacher for the last full pay period
17 28 before the leave began. The Iowa public employees' retirement
17 29 system may impose reasonable requirements to efficiently
17 30 administer this subdivision.
17 31 Causes for nonrenewal or termination: The bill provides
17 32 the conditions under which a contract may be terminated. The
17 33 sponsor must provide adequate notice stating the grounds for
17 34 the proposed action in reasonable detail. The charter
17 35 school's board of directors may request an informal hearing
18 1 before the sponsor within 14 days of receiving notice of
18 2 nonrenewal or termination of the contract. A contract may be
18 3 terminated or not renewed for failure to meet the requirements
18 4 for student performance contained in the contract, failure to
18 5 meet generally accepted standards of fiscal management, or for
18 6 violations of law or other good cause shown.
18 7 Open enrollment option under dissolution: If a charter
18 8 school is dissolved, a student who attended the school,
18 9 siblings of the student, or another student who resides in the
18 10 same place as the student may enroll in the resident district
18 11 or may submit an open enrollment application to a nonresident
18 12 district and the open enrollment application and notice
18 13 deadlines do not apply.
18 14 General authority: The board of directors of a charter
18 15 school may sue and be sued. The board may not levy taxes or
18 16 issue bonds.
18 17 State school foundation aid: A student enrolled in a
18 18 charter school shall be counted, for state school foundation
18 19 aid purposes, in the student's district of residence. The
18 20 board of directors of the district of residence shall pay to
18 21 the charter school the district cost per pupil, plus any
18 22 moneys received for the student as a result of non-English-
18 23 speaking weighting, for each school year. The district of
18 24 residence shall also transmit the phase III moneys allocated
18 25 to the district for the full-time equivalent attendance of the
18 26 student to the charter school. When a charter school finds it
18 27 economically advantageous to rent or lease a building or land
18 28 for any instructional purposes and it determines that the
18 29 total school foundation aid is insufficient for this purpose,
18 30 it may apply to the school budget review committee for
18 31 supplemental aid.
18 32 Other aid, grants, and revenue: A charter school is
18 33 eligible to receive other educational aid, grants, and revenue
18 34 as though it were a school district. However, it may not
18 35 receive aid, a grant, or revenue if a levy is required to
19 1 obtain the money. Federal aid received by the state must be
19 2 paid to the school, if it qualifies for the aid, as though it
19 3 were a school district.
19 4 Use of state moneys to purchase land or buildings: Money
19 5 received from the state may not be used to purchase land or
19 6 buildings. The school may own land and buildings if obtained
19 7 through nonstate sources.
19 8 LSB 3329YH 77
19 9 kh/jw/5.1
Text: HF02195 Text: HF02197 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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