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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 and
1 13 comparison of those outcomes with other attendance centers
1 14 within a school district.
1 15 e. Establish new forms of accountability for schools.
1 16 f. Create new professional opportunities for teachers,
1 17 including the opportunity to be responsible for the learning
1 18 program at the school site.
1 19 2. This chapter does not provide a means to keep open a
1 20 school that otherwise would be closed. A school board bears
1 21 the burden of proving that conversion to a charter school
1 22 fulfills a purpose specified in this chapter and independent
1 23 of the school's closing.
1 24 Sec. 3. NEW SECTION. 256D.3 DEFINITIONS.
1 25 As used in this chapter unless the context otherwise
1 26 requires:
1 27 1. "Department" means the department of education.
1 28 2. "Director" means the director of the department of
1 29 education.
1 30 3. "School board" means the board of directors of a public
1 31 school district creating a charter school within the district.
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, upon approval by the department, may
2 3 establish one or more charter schools as provided in this
2 4 chapter.
2 5 2. A school board may authorize one or more teachers, who
2 6 are licensed under chapter 272, to operate a charter school
2 7 subject to the approval of the state board. The school shall
2 8 be organized and operated as a nonprofit cooperative
2 9 association under chapter 498 or nonprofit corporation under
2 10 chapter 504A.
2 11 3. Before a school district may form and operate a charter
2 12 school, the school board must file an affidavit with the state
2 13 board stating its intent to establish a charter school. The
2 14 affidavit shall state the terms and conditions under which the
2 15 school board pledges to establish a charter school. The state
2 16 board shall approve or disapprove a school board's proposed
2 17 authorization within sixty days of receipt of an affidavit.
2 18 Failure to obtain state board approval precludes a school
2 19 board from authorizing the charter school that was the subject
2 20 of the affidavit.
2 21 4. A school board approved by the state board to organize,
2 22 establish, and operate a charter school shall conduct an
2 23 election for members of the charter school's board of
2 24 directors in a timely manner once the charter school begins
2 25 operation. Any staff members employed at the school,
2 26 including teachers providing instruction under a contract with
2 27 a cooperative or corporation and all parents of children
2 28 enrolled in the school, may vote in the election. Licensed
2 29 teachers employed at the school, including teachers providing
2 30 instruction under a contract with a cooperative or
2 31 corporation, shall be a majority of the members of the board
2 32 of directors. A provisional board may operate before the
2 33 election of the school's board of directors. The board of
2 34 directors is a governmental body for purposes of chapter 21.
2 35 5. The granting or renewal of a charter by a school board
3 1 shall not be conditioned upon the bargaining unit status of
3 2 the employees of the school.
3 3 Sec. 6. NEW SECTION. 256D.6 CONVERSION OF EXISTING
3 4 SCHOOLS.
3 5 The board of directors of a school district may convert one
3 6 or more of its existing schools to charter schools under this
3 7 chapter if ninety percent of the full-time teachers employed
3 8 to teach at the school sign a petition seeking conversion.
3 9 The conversion must occur at the beginning of an academic
3 10 year.
3 11 Sec. 7. NEW SECTION. 256D.7 CONTRACT.
3 12 The school board's authorization for a charter school shall
3 13 be in the form of a written contract signed by the school
3 14 board and the board of directors of the charter school. The
3 15 contract for a charter school shall be in writing and contain,
3 16 at a minimum, the following:
3 17 1. A description of a program that carries out one or more
3 18 of the purposes enumerated in section 256D.2.
3 19 2. Specific outcomes students are to achieve under section
3 20 256D.11.
3 21 3. Admission policies and procedures.
3 22 4. A description of the management and administration of
3 23 the charter school.
3 24 5. Requirements and procedures for program and financial
3 25 audits.
3 26 6. A plan describing methods for complying with sections
3 27 256D.9, 256D.14, 256D.17, and 256D.24.
3 28 7. Assurance of the assumption of liability by the charter
3 29 school.
3 30 8. Types and amounts of insurance coverage to be obtained
3 31 by the charter school.
3 32 Sec. 8. NEW SECTION. 256D.8 PUBLIC STATUS – EXEMPTION
3 33 FROM STATUTES AND RULES.
3 34 A charter school is a public school and is part of the
3 35 state's system of public education. Except as provided in
4 1 this chapter, a charter school is exempt from all statutes and
4 2 rules applicable to a school, a school board, or a school
4 3 district, although it may elect to comply with one or more
4 4 provisions of statutes or rules.
4 5 Sec. 9. NEW SECTION. 256D.9 REQUIREMENTS.
4 6 1. A charter school shall meet all applicable state and
4 7 local health and safety requirements.
4 8 2. A charter school shall be nonsectarian in its programs,
4 9 admission policies, employment practices, and all other
4 10 operations. A school board shall not establish a charter
4 11 school or program that is affiliated with a nonpublic
4 12 sectarian school or a religious institution.
4 13 3. Charter schools shall not be used as a method of
4 14 providing education or generating revenue for students who are
4 15 receiving competent private instruction pursuant to chapter
4 16 299A.
4 17 4. The primary focus of a charter school shall be to
4 18 provide a comprehensive program of instruction for at least
4 19 one grade or age group from five through eighteen years of
4 20 age. Instruction may be provided to people younger than five
4 21 years or older than eighteen years of age.
4 22 5. A charter school shall not charge tuition.
4 23 6. A charter school is subject to and shall comply with
4 24 chapter 216 and 216A relating to civil and human rights.
4 25 8. A charter school is subject to and shall comply with
4 26 sections 275.55A, 279.9A, 280.17B, 280.21B, and 282.4,
4 27 relating to suspension and expulsion of a student.
4 28 9. A charter school is subject to the same financial
4 29 audits, audit procedures, and audit requirements as a school
4 30 district. The audit shall be consistent with the requirements
4 31 of sections 11.6, 11.14, 11.19, 256.9, subsection 19, and
4 32 section 279.29, except to the extent deviations are necessary
4 33 because of the program at the school. The department, the
4 34 auditor of state, or the legislative fiscal bureau may conduct
4 35 financial, program, or compliance audits.
5 1 10. A charter school is a school district for the purposes
5 2 of tort liability under chapter 670.
5 3 Sec. 10. NEW SECTION. 256D.10 ADMISSION REQUIREMENTS.
5 4 1. A charter school may limit admission to any of the
5 5 following:
5 6 a. Students within an age group or grade level.
5 7 b. Individuals who are eligible to participate in an
5 8 alternative options education program under section 280.19A.
5 9 c. Residents of a specific geographic area where the
5 10 percentage of the population of non-Caucasian people of that
5 11 area is greater than the percentage of the non-Caucasian
5 12 population in the congressional district in which the
5 13 geographic area is located, and as long as the school reflects
5 14 the racial and ethnic diversity of the specific area.
5 15 2. A charter school shall enroll an eligible student who
5 16 submits a timely application, unless the number of
5 17 applications exceeds the capacity of a program, class, grade
5 18 level, or building. In this case, students shall be accepted
5 19 by lot.
5 20 3. A charter school shall not limit admission to students
5 21 on the basis of intellectual ability, measures of achievement
5 22 or aptitude, or athletic ability.
5 23 Sec. 11. NEW SECTION. 256D.11 STUDENT PERFORMANCE.
5 24 A charter school shall design its programs to at least meet
5 25 any outcomes adopted by the state board for public school
5 26 students. In the absence of state board requirements, the
5 27 school shall meet the outcomes contained in the contract with
5 28 the school board. The achievement levels of the outcomes
5 29 contained in the contract may exceed the achievement levels of
5 30 any outcomes adopted by the state board for public school
5 31 students.
5 32 Sec. 12. NEW SECTION. 256D.12 EMPLOYMENT AND OTHER
5 33 OPERATING MATTERS.
5 34 A charter school shall employ or contract with necessary
5 35 teachers, as defined in section 272.1, who hold a valid
6 1 license with an endorsement for the type of service for which
6 2 the teacher is employed. The school may employ necessary
6 3 employees who are not required to hold teaching licenses to
6 4 perform duties other than teaching and may contract for other
6 5 services. The school may discharge teachers and nonlicensed
6 6 employees.
6 7 The board of directors of the charter school also shall
6 8 decide matters related to the operation of the school,
6 9 including budgeting, curriculum, and operating procedures.
6 10 Sec. 13. NEW SECTION. 256D.13 STUDENTS WITH SPECIAL
6 11 EDUCATION NEEDS.
6 12 A charter school shall comply with chapter 256B and
6 13 administrative rules adopted pursuant to that chapter relating
6 14 to the education of students with special education needs, and
6 15 receive state special education aid, as though it were a
6 16 school district. However, the fiscal responsibility for
6 17 children requiring special education shall remain with the
6 18 school district creating the charter school. A child
6 19 requiring special education under chapter 256B shall be
6 20 included in the weighted enrollment of the district creating
6 21 the charter school and the district shall pay to the charter
6 22 school the special education support services district cost
6 23 per pupil amount generated by the weighting.
6 24 Sec. 14. NEW SECTION. 256D.14 LENGTH OF SCHOOL YEAR.
6 25 A charter school shall provide instruction each year for at
6 26 least the number of days required by section 279.10,
6 27 subsection 1, unless the school provides instruction
6 28 throughout the year according to section 256.20 or 279.10,
6 29 subsection 3.
6 30 Sec. 15. NEW SECTION. 256D.15 REPORTS.
6 31 A charter school shall report at least annually to its
6 32 board of directors, the district school board, the department,
6 33 and the state board of education the information required by
6 34 the school board, the department, or the state board. The
6 35 reports are public records subject to chapter 22. The
7 1 department shall collect and document the progress of the
7 2 charter school toward increasing student's levels of
7 3 achievement.
7 4 Sec. 16. NEW SECTION. 256D.16 REVIEW AND COMMENT.
7 5 The department shall review and comment on the evaluation,
7 6 by the chartering school district, of the performance of a
7 7 charter school before the charter school's contract is
7 8 renewed. The information from the review and comment shall be
7 9 reported to the state board in a timely manner. Periodically,
7 10 the state board shall report trends or suggestions based on
7 11 the evaluation of charter school contracts to the house and
7 12 senate education committees.
7 13 Sec. 17. NEW SECTION. 256D.17 TRANSPORTATION.
7 14 1. By July 1 of each year, a charter school shall notify
7 15 the establishing district, the district in which the school is
7 16 located, if applicable, and the department if it will provide
7 17 transportation for students enrolled at the school for the
7 18 fiscal year.
7 19 2. If a charter school elects to provide transportation
7 20 for students, the transportation shall be provided by the
7 21 charter school within the district in which the charter school
7 22 is located. The state shall pay transportation aid to the
7 23 charter school according to section 285.1.
7 24 3. For students who reside outside the district in which
7 25 the charter school is located, the charter school is not
7 26 required to provide or pay for transportation between the
7 27 student's residence and the border of the district in which
7 28 the charter school is located. A parent may be reimbursed by
7 29 the charter school for costs of transportation from the
7 30 student's residence to the border of the district in which the
7 31 charter school is located if the student is from a family
7 32 whose income is at or below the poverty level, as determined
7 33 by the most recently revised poverty income guidelines
7 34 published by the United States department of health and human
7 35 services. The reimbursement shall be in the manner provided
8 1 in section 285.3 for parental reimbursement for nonpublic
8 2 school student transportation.
8 3 4. At the time a student enrolls in a charter school, the
8 4 charter school shall provide the parent or guardian with
8 5 information regarding the transportation.
8 6 5. If a charter school does not elect to provide
8 7 transportation, transportation for students enrolled at the
8 8 school shall be provided by the district in which the school
8 9 is located, in the manner provided in section 285.1,
8 10 subsection 15, for a student residing in the same district in
8 11 which a nonpublic school designated for attendance is located.
8 12 Transportation may be provided by the district in which the
8 13 charter school is located for a student residing in a
8 14 different district, in the same manner provided for in section
8 15 285.1, subsection 16, for students whose nonpublic school
8 16 designated for attendance is located outside the boundary line
8 17 of the school district of the student's residence.
8 18 Sec. 18. NEW SECTION. 256D.18 LEASED SPACE.
8 19 A charter school may lease space from a school board or
8 20 other public or private nonprofit, nonsectarian organization.
8 21 If a charter school is unable to lease appropriate space from
8 22 a school board or other public or private nonprofit,
8 23 nonsectarian organization, the school may lease space from
8 24 another nonsectarian organization if the department, in
8 25 consultation with the department of management, approves the
8 26 lease. If the school is unable to lease appropriate space
8 27 from public or private nonsectarian organizations, the school
8 28 may lease space from a sectarian organization if the leased
8 29 space is constructed as a school facility and the department,
8 30 in consultation with the department of management, approves
8 31 the lease.
8 32 Sec. 19. NEW SECTION. 256D.19 INITIAL COSTS.
8 33 A school board may establish a charter school before the
8 34 applicant has secured its space, equipment, facilities, and
8 35 personnel if the school board indicates the establishment is
9 1 necessary for it to raise working capital. A school board may
9 2 not establish a school before the state board of education has
9 3 approved the authorization.
9 4 Sec. 20. NEW SECTION. 256D.20 DISSEMINATE INFORMATION.
9 5 The school board, the operators, and the department shall
9 6 disseminate information to the public on how to form and
9 7 operate a charter school and how to utilize the offerings of a
9 8 charter school. Particular groups to be targeted include low-
9 9 income families and communities and students of color.
9 10 Sec. 21. NEW SECTION. 256D.21 LEAVE TO TEACH IN A
9 11 CHARTER SCHOOL.
9 12 If a teacher employed by a school district makes a written
9 13 request for an extended leave of absence to teach at a charter
9 14 school, the school district shall grant the leave for any
9 15 number of years requested by the teacher, and must extend the
9 16 leave at the teacher's request. The school district may
9 17 require that the request for a leave or extension of leave be
9 18 made up to ninety days before the teacher would otherwise have
9 19 to report for duty.
9 20 During a leave, the teacher may continue to aggregate
9 21 benefits and credits in the Iowa public employees' retirement
9 22 system by paying both the employer and employee contributions
9 23 based upon the annual salary of the teacher for the last full
9 24 pay period before the leave began. The Iowa public employees'
9 25 retirement system may impose reasonable requirements to
9 26 efficiently administer this section.
9 27 Sec. 22. NEW SECTION. 256D.22 COLLECTIVE BARGAINING.
9 28 Employees of the board of directors of a charter school
9 29 may, if otherwise eligible, organize under chapter 20 and
9 30 comply with its provisions. The board of directors of a
9 31 charter school is a public employer, for the purposes of
9 32 chapter 20, upon formation of one or more bargaining units at
9 33 the school. Bargaining units at the school shall be separate
9 34 from any other units within the school district, except that
9 35 bargaining units may remain part of the appropriate unit
10 1 within the school district if the employees of the school, the
10 2 board of directors of the school, the exclusive representative
10 3 of the appropriate unit in the school district, and the board
10 4 of directors of the school district agree to include the
10 5 employees in the appropriate unit of the school district.
10 6 Sec. 23. NEW SECTION. 256D.23 TEACHER AND OTHER EMPLOYEE
10 7 RETIREMENT.
10 8 Teachers in a charter school shall be public school
10 9 teachers for the purposes of retirement under chapter 97B.
10 10 Sec. 24. NEW SECTION. 256D.24 CAUSES FOR NONRENEWAL OR
10 11 TERMINATION.
10 12 1. The duration of a charter school contract with a school
10 13 board shall be for five years. The school board may or may
10 14 not renew a contract at the end of the term for any ground
10 15 listed in subsection 2. A school board may unilaterally
10 16 terminate a contract during the term of the contract for any
10 17 ground listed in subsection 2. At least sixty days before not
10 18 renewing or terminating a contract, the school board shall
10 19 notify the board of directors of the charter school of the
10 20 proposed action in writing. The notice shall state the
10 21 grounds for the proposed action in reasonable detail and that
10 22 the charter school's board of directors may request in writing
10 23 an informal hearing before the school board within fourteen
10 24 days of receiving notice of nonrenewal or termination of the
10 25 contract. Failure by the board of directors to make a timely
10 26 written request for a hearing shall be treated as acquiescence
10 27 to the proposed action. Upon receiving a timely written
10 28 request for a hearing, the school board shall give reasonable
10 29 notice to the charter school's board of directors of the
10 30 hearing date. The school board shall conduct an informal
10 31 hearing before taking final action. The school board shall
10 32 take final action to renew or not renew a contract by the last
10 33 day of classes in the school year. The charter school's board
10 34 of directors may appeal the school board's decision to the
10 35 state board.
11 1 2. A contract may be terminated or not renewed upon any of
11 2 the following grounds:
11 3 a. Failure to meet the requirements for student
11 4 performance contained in the contract.
11 5 b. Failure to meet generally accepted standards of fiscal
11 6 management.
11 7 c. For violations of law or other good cause shown.
11 8 3. If a contract is terminated or not renewed, the school
11 9 shall be dissolved according to the applicable provisions of
11 10 chapter 498 or 504A.
11 11 Sec. 25. NEW SECTION. 256D.25 STUDENT ENROLLMENT.
11 12 If a charter school contract is not renewed or is
11 13 terminated according to section 256D.24, a student who
11 14 attended the school, siblings of the student, or another
11 15 student who resides in the same place as the student may
11 16 enroll in the resident district or may submit an application
11 17 to a nonresident district according to section 282.18 at any
11 18 time. Applications and notices required by section 282.18
11 19 shall be processed and provided in a prompt manner. The
11 20 application and notice deadlines in section 282.18 do not
11 21 apply under these circumstances.
11 22 Sec. 26. NEW SECTION. 256D.26 GENERAL AUTHORITY.
11 23 The board of directors of a charter school may sue and be
11 24 sued. The board may not levy taxes or issue bonds.
11 25 Sec. 27. NEW SECTION. 256D.27 IMMUNITY.
11 26 The state board, members of the state board, a school
11 27 board, members of a school board in their official capacity,
11 28 and employees of a school board are immune from civil or
11 29 criminal liability with respect to all activities related to a
11 30 charter school they approve or establish.
11 31 The board of directors of the charter school shall obtain
11 32 at least the amount of and types of insurance required by the
11 33 contract, according to section 256D.7.
11 34 Sec. 28. NEW SECTION. 256D.28 STATE SCHOOL FOUNDATION
11 35 AID FOR A CHARTER SCHOOL.
12 1 1. A student enrolled in a charter school shall be
12 2 counted, for state school foundation aid purposes, in the
12 3 student's district of residence. A student's residence, for
12 4 purposes of this section, shall be as established under
12 5 section 282.1. The board of directors of the district of
12 6 residence shall pay to the charter school the district cost
12 7 per pupil, or the charter school's cost per pupil as
12 8 determined by the department based upon information supplied
12 9 by the charter school, whichever is lowest, plus any moneys
12 10 received for the student as a result of non-English-speaking
12 11 weighting under section 280.4, subsection 3, for each school
12 12 year. The district of residence shall also transmit the phase
12 13 III moneys allocated to the district for the full-time
12 14 equivalent attendance of the student to the charter school.
12 15 2. If a parent or guardian of a child enrolled in a
12 16 charter school under this chapter moves to a different school
12 17 district during the course of either district's academic year,
12 18 the child's first district of residence shall be responsible
12 19 for payment of the cost per pupil plus weightings or special
12 20 education costs to the charter school for the balance of the
12 21 school year in which the move took place. The new district of
12 22 residence shall be responsible for the payments during the
12 23 succeeding years.
12 24 Sec. 29. NEW SECTION. 256D.29 AUTHORIZED EXPENDITURES.
12 25 A charter school is a public school for purposes of section
12 26 257.7.
12 27 Sec. 30. NEW SECTION. 256D.30 BUILDING LEASE AID.
12 28 When a charter school finds it economically advantageous to
12 29 rent or lease a building or land for any instructional purpose
12 30 and it determines that the total school foundation aid under
12 31 section 256D.28, is insufficient for this purpose, it may
12 32 apply to the school budget review committee for supplemental
12 33 aid for this purpose. The charter school is a public school
12 34 for purposes of section 257.31.
12 35 Sec. 31. NEW SECTION. 256D.31 OTHER AID – GRANTS –
13 1 REVENUE.
13 2 1. A charter school is eligible to receive other aid,
13 3 grants, and revenue according to Title VII, subtitle 1, as
13 4 though it were a school district. The charter school may
13 5 receive aid levied by the school district for the purposes of
13 6 the charter school. Federal aid received by the state must be
13 7 paid to the school, if it qualifies for the aid as though it
13 8 were a school district.
13 9 2. Except as provided in section 256D.32, a charter school
13 10 may receive money from any source for facilities needs. In
13 11 the year-end report to the state board of education, the
13 12 charter school shall report the total amount of funds received
13 13 from grants and other outside sources.
13 14 Sec. 32. NEW SECTION. 256D.32 USE OF STATE MONEY.
13 15 Money received from the state may not be used to purchase
13 16 land or buildings. The school may own land and buildings if
13 17 obtained through nonstate sources.
13 18 Sec. 33. NEW SECTION. 256D.33 APPROPRIATION.
13 19 1. There is appropriated from the general fund of the
13 20 state to the department of education for the fiscal year
13 21 beginning July 1, 1998, and ending June 30, 1999, the sum of
13 22 five hundred thousand dollars to be used for charter school
13 23 start-up grants.
13 24 2. By September 1, 1998, the department shall establish
13 25 criteria and a process for the awarding of fifteen charter
13 26 school start-up grants to school districts for planning and
13 27 implementation purposes. Grants shall be awarded based upon
13 28 program diversity and shall be equitably distributed
13 29 geographically among rural and urban areas.
13 30 3. The amount of a charter school start-up grant shall not
13 31 exceed thirty-five thousand dollars.
13 32 4. Notwithstanding section 8.33, unencumbered or
13 33 unobligated funds remaining on June 30 of the fiscal year for
13 34 which the funds were appropriated shall not revert but shall
13 35 be available for expenditure for the following fiscal year for
14 1 the purposes of this section.
14 2 EXPLANATION
14 3 This bill sets up provisions by which charter schools may
14 4 be established. The bill also establishes the purposes for
14 5 which the schools shall be established.
14 6 Who may establish: A school board may establish one or
14 7 more charter schools.
14 8 Operation of charter school: A school board may authorize
14 9 one or more teachers to operate a charter school subject to
14 10 the approval of the state board of education. The school
14 11 shall be organized and operated as a nonprofit cooperative
14 12 association or nonprofit corporation. Before a school board
14 13 may form and operate a school, the school board must file an
14 14 affidavit with the state board stating its intent to establish
14 15 a charter school and receive state board approval.
14 16 Charter school board of directors: A school board approved
14 17 by the state board to organize, establish, and operate a
14 18 charter school shall hold an election for members of the
14 19 charter school's board of directors in a timely manner after
14 20 the school is operating. Any staff members employed at the
14 21 school and all parents of children enrolled in the school may
14 22 vote in the election.
14 23 Collective bargaining: The granting or renewal of a
14 24 charter by a school board shall not be conditioned upon the
14 25 bargaining unit status of the employees of the school.
14 26 Employees of the board of directors of a charter school may,
14 27 if otherwise eligible, organize under chapter 20 and comply
14 28 with its provisions. The board of directors of a charter
14 29 school is a public employer, for the purposes of chapter 20,
14 30 upon formation of one or more bargaining units at the school.
14 31 Conversion of existing schools: The board of directors of
14 32 a school district may convert one or more of its existing
14 33 schools to charter schools if 90 percent of the full-time
14 34 teachers employed to teach at the school sign a petition
14 35 seeking conversion.
15 1 Contract: The school board's authorization for a charter
15 2 school shall be in the form of a written contract signed by
15 3 the school board and the board of directors of the charter
15 4 school. The bill sets forth the items a contract must
15 5 contain.
15 6 Public school status: A charter school is a public school
15 7 and is part of the state's system of public education but,
15 8 except as provided in the bill, is exempt from all statutes
15 9 and rules applicable to a school, a school board, or a school
15 10 district, although it may elect to comply with one or more
15 11 provisions of statutes or rules. For example, a charter
15 12 school shall meet and abide by all applicable state and local
15 13 health and safety requirements, length of school year Code
15 14 provisions, civil and human rights laws, and laws relating to
15 15 suspension and expulsion of a student, and is subject to the
15 16 same financial audits, audit procedures, and audit
15 17 requirements as a school district. A charter school must be
15 18 nonsectarian in its programs, admission policies, employment
15 19 practices, and all other operations. The school may not be
15 20 used for homeschooling purposes.
15 21 Primary focus: To provide a comprehensive program of
15 22 instruction for at least one grade or age group from five
15 23 through 18 years of age. Instruction may be provided to
15 24 people younger than five years and older than 18 years of age.
15 25 Tuition-free: A charter school shall not charge tuition.
15 26 Admission requirements: A charter school may limit
15 27 admission to students within an age group or grade level,
15 28 individuals eligible to participate in an alternative options
15 29 education program for dropouts or potential dropouts, or to
15 30 residents of a specific geographic area where the percentage
15 31 of the population of non-Caucasian people of that area is
15 32 greater than the percentage of the non-Caucasian population in
15 33 the congressional district in which the geographic area is
15 34 located, and as long as the school reflects the racial and
15 35 ethnic diversity of the specific area. A charter school shall
16 1 not limit admission to students on the basis of intellectual
16 2 ability, measures of achievement or aptitude, or athletic
16 3 ability.
16 4 Student performance achievement outcomes: A charter school
16 5 shall design its programs to at least meet any outcomes
16 6 adopted by the state board for public school students. In the
16 7 absence of state board requirements, the school shall meet the
16 8 outcomes contained in the contract with the school board.
16 9 Employment: A charter school shall employ or contract with
16 10 necessary teachers who hold a valid license with an
16 11 endorsement for the type of service for which the teacher is
16 12 employed. The school may employ necessary employees who are
16 13 not required to hold teaching licenses to perform duties other
16 14 than teaching and may contract for other services. The school
16 15 may discharge teachers and nonlicensed employees.
16 16 Students with special education needs: A charter school
16 17 shall comply with Code chapter 256B and administrative rules
16 18 relating to the education of students with special education
16 19 needs, and receive state special education aid through the
16 20 school district establishing the charter school.
16 21 Reports: A charter school must report at least annually to
16 22 its board of directors, the establishing school board, and the
16 23 state board of education and the reports are public records.
16 24 The department of education shall collect and document the
16 25 progress of the charter school toward increasing students'
16 26 levels of achievement.
16 27 Departmental review and comment prior to renewal: The
16 28 department of education shall review and comment on the
16 29 evaluation, by the chartering school district, of the
16 30 performance of a charter school before the charter school's
16 31 contract is renewed.
16 32 Transportation: By July 1 of each year, a charter school
16 33 shall notify the establishing district, the district in which
16 34 the school is located, if applicable, and the department if it
16 35 will provide transportation for students enrolled at the
17 1 school for the fiscal year. The state shall pay
17 2 transportation aid to the charter school as if it were a
17 3 public school, and shall reimburse charter school parents and
17 4 school districts for transportation costs in the same manner
17 5 as parents and school districts are reimbursed for
17 6 transportation costs. However, a parent may be reimbursed by
17 7 the charter school for costs of transportation from the
17 8 student's residence to the border of the district in which the
17 9 charter school is located if the student is from a family
17 10 whose income is at or below the poverty level.
17 11 Leased space: A charter school may lease space from a
17 12 school board or other public or private nonprofit,
17 13 nonsectarian organization. If the school is unable to lease
17 14 appropriate space from public or private nonsectarian
17 15 organizations, the school may lease space from a sectarian
17 16 organization if the leased space is constructed as a school
17 17 facility and the department, in consultation with the
17 18 department of management, approves the lease.
17 19 Initial costs: A school board may establish a charter
17 20 school before the school board has secured its space,
17 21 equipment, facilities, and personnel if the school board
17 22 indicates the establishment is necessary for it to raise
17 23 working capital.
17 24 Leave to teach in a charter school: If a teacher employed
17 25 by a school district makes a written request for an extended
17 26 leave of absence to teach at a charter school, the school
17 27 district shall grant the leave for any number of years
17 28 requested by the teacher, and must extend the leave at the
17 29 teacher's request.
17 30 Iowa public employees' retirement system: Teachers in a
17 31 charter school shall be public school teachers for the
17 32 purposes of retirement under chapter 97B. During a leave, the
17 33 teacher may continue to aggregate benefits and credits in the
17 34 Iowa public employees' retirement system by paying both the
17 35 employer and employee contributions based upon the annual
18 1 salary of the teacher for the last full pay period before the
18 2 leave began. The Iowa public employees' retirement system may
18 3 impose reasonable requirements for efficient administration.
18 4 Causes for nonrenewal or termination: The bill provides
18 5 the conditions under which a contract may be terminated. The
18 6 school board must provide adequate notice stating the grounds
18 7 for the proposed action in reasonable detail. The charter
18 8 school's board of directors may request an informal hearing
18 9 before the school board within 14 days of receiving notice of
18 10 nonrenewal or termination of the contract. A contract may be
18 11 terminated or not renewed for failure to meet the requirements
18 12 for student performance contained in the contract, failure to
18 13 meet generally accepted standards of fiscal management, or for
18 14 violations of law or other good cause shown.
18 15 Open enrollment option under dissolution: If a charter
18 16 school is dissolved, a student who attended the school,
18 17 siblings of the student, or another student who resides in the
18 18 same place as the student may enroll in the resident district
18 19 or may submit an open enrollment application to a nonresident
18 20 district and the open enrollment application and notice
18 21 deadlines do not apply.
18 22 General authority: The board of directors of a charter
18 23 school may sue and be sued. The board may not levy taxes or
18 24 issue bonds, but may receive moneys levied by the school
18 25 district for the purposes of the charter school.
18 26 State school foundation aid: A student enrolled in a
18 27 charter school shall be counted, for state school foundation
18 28 aid purposes, in the student's district of residence. The
18 29 board of directors of the district of residence shall pay to
18 30 the charter school the district cost per pupil, plus any
18 31 moneys received for the student as a result of non-English-
18 32 speaking weighting, for each school year. The district of
18 33 residence shall also transmit the phase III moneys allocated
18 34 to the district for the full-time equivalent attendance of the
18 35 student to the charter school.
19 1 Building lease supplemental aid: When a charter school
19 2 finds it economically advantageous to rent or lease a building
19 3 or land for any instructional purpose and it determines that
19 4 the total school foundation aid is insufficient for this
19 5 purpose, it may apply to the school budget review committee
19 6 for supplemental aid.
19 7 Other aid, grants, and revenue: A charter school is
19 8 eligible to receive other educational aid, grants, and revenue
19 9 as though it were a school district. However, it may not
19 10 receive aid, a grant, or revenue if a levy is required to
19 11 obtain the money. Federal aid received by the state must be
19 12 paid to the school, if it qualifies for the aid, as though it
19 13 were a school district.
19 14 Use of state moneys to purchase land or buildings: Money
19 15 received from the state may not be used to purchase land or
19 16 buildings. The school may own land and buildings if obtained
19 17 through nonstate sources.
19 18 Appropriation: The bill appropriates $500,000 to the
19 19 department of education to award charter school start-up
19 20 grants to school districts. The amount of a charter school
19 21 start-up grant shall not exceed $35,000.
19 22 LSB 3631HC 77
19 23 kh/jw/5
Text: HSB00601 Text: HSB00603 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
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