Text: H08407 Text: H08409 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2318, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. By striking everything after the enacting 1 4 clause and inserting the following: 1 5 "PILOT CHARTER SCHOOL PROGRAM 1 6 Section 1. NEW SECTION. 256F.1 FINDINGS AND 1 7 INTENT. 1 8 The general assembly finds that the restrictions 1 9 and requirements of state laws and regulations often 1 10 prevent public schools from achieving effective 1 11 education reform. To determine whether allowing 1 12 public schools to operate under a charter can help a 1 13 public school more effectively achieve the goal of 1 14 education reform, the general assembly finds that a 1 15 pilot program should be enacted allowing public 1 16 schools to specify their own duties, responsibilities, 1 17 and operations. The ultimate goal of a charter school 1 18 shall be to improve student performance. 1 19 Sec. 2. NEW SECTION. 256F.2 DEFINITIONS. 1 20 1. "Department" means the department of education, 1 21 for purposes of this chapter. 1 22 2. "Pilot charter school", for purposes of this 1 23 division, means a state public school or a school 1 24 district operated as a pilot charter school program, 1 25 as indicated by the context which is operating under a 1 26 contract with the state board in accordance with this 1 27 chapter. 1 28 3. "State board" means the state board of 1 29 education, for purposes of this chapter. 1 30 Sec. 3. NEW SECTION. 256F.3 PILOT PROGRAM. 1 31 1. Commencing with the school year beginning July 1 32 1, 2001, the state board of education shall initiate a 1 33 pilot program to test the effectiveness of charter 1 34 schools. The purpose of the pilot charter school 1 35 program is to encourage public schools and school 1 36 districts to determine creative ways to achieve 1 37 improved educational outcomes. A school district 1 38 approved as a pilot program for a state public charter 1 39 school shall be counted as one program under this 1 40 section. To receive approval to establish a pilot 1 41 charter school, the board of directors of a school 1 42 district shall submit an application to the state 1 43 board in accordance with section 256F.5. The state 1 44 board shall approve only those applications that meet 1 45 the qualifications specified in section 256F.4. The 1 46 state board shall adopt rules in accordance with 1 47 chapter 17A for the implementation of this chapter. 1 48 2. When considering applications, state board 1 49 approval shall also be based on whether the 1 50 applications provide for geographical distribution of 2 1 pilot programs across the state and ensures 2 2 distribution to small, medium, and large school 2 3 districts. 2 4 3. The approval by the state board of an 2 5 application shall not be conditioned upon the 2 6 bargaining unit status of the employees of the charter 2 7 school. 2 8 4. A school board may, by majority vote, submit 2 9 the question of whether to operate the entire school 2 10 district as a state public charter school to the 2 11 eligible electors of the school district at any 2 12 regular school election or at a special election 2 13 called specifically for this purpose. The school 2 14 board shall submit an application to the state board 2 15 for approval of the state public charter school as a 2 16 pilot program only if a majority of the eligible 2 17 electors voting in an election called pursuant to this 2 18 subsection vote in favor of the question. 2 19 5. If federal rules or regulations are adopted 2 20 relating to the distribution or utilization of funds 2 21 allocated to the state department of education 2 22 pursuant to this section which are inconsistent with 2 23 the provisions of this section, the state department 2 24 of education shall adopt rules to comply with the 2 25 requirements of the federal rules or regulations. 2 26 Sec. 4. NEW SECTION. 256F.4 GENERAL OPERATING 2 27 REQUIREMENTS. 2 28 1. A pilot charter school is a public school and 2 29 is part of the state's system of public education. 2 30 Although a pilot charter school may elect to comply 2 31 with one or more provisions of statute or 2 32 administrative rule, a pilot charter school is exempt 2 33 from all statutes and rules applicable to a school, a 2 34 school board, or a district, except the pilot charter 2 35 school shall do the following: 2 36 a. Meet all applicable federal, state, and local 2 37 health and safety requirements and laws prohibiting 2 38 discrimination on the basis of race, creed, color, 2 39 sex, national origin, religion, ancestry, or 2 40 disability. A charter school shall be subject to any 2 41 court-ordered desegregation plan in effect for the 2 42 school district at the time the school's charter 2 43 application is approved. 2 44 b. Operate as a nonsectarian, nonreligious public 2 45 school. 2 46 c. Be free of tuition and application fees to Iowa 2 47 resident students between the ages of five and twenty- 2 48 one years. 2 49 d. Be subject to and shall comply with chapters 2 50 216 and 216A relating to civil and human rights. 3 1 e. Be considered a school district for purposes of 3 2 tort liability under chapter 670. 3 3 f. Receive state moneys or be eligible to receive 3 4 state moneys as provided in chapters 256D, 256E, 257, 3 5 285, 294A, and 295, as if it did not operate under a 3 6 charter. A pilot charter school district may levy 3 7 taxes and issue bonds as provided in chapters 73A, 75, 3 8 76, 257, 279, 295, 296, and 298, as if it did not 3 9 operate under a charter. The enrollment of the pilot 3 10 charter school shall be included in the actual 3 11 enrollment of the school district in which the pilot 3 12 charter school is located except as provided in 3 13 paragraph "g". A pilot charter school district shall 3 14 be liable for timely payment on its bonded 3 15 indebtedness and subject to the same bonded 3 16 indebtedness limitations as if it did not operate 3 17 under a charter. 3 18 g. Operate within the same geographic district 3 19 boundaries that existed prior to its becoming a pilot 3 20 charter school or district. The enrollment of the 3 21 pilot charter school or district shall be calculated 3 22 and submitted as provided in chapter 257 as if it did 3 23 not operate under a charter. 3 24 h. Provide special education services in 3 25 accordance with chapter 256B. However, the school 3 26 district of residence shall be responsible for the 3 27 difference between the state moneys received pursuant 3 28 to the weighting plan under section 256B.9, and the 3 29 pilot charter school's extraordinary costs of 3 30 instruction of children requiring special education. 3 31 i. Be subject to the same financial audits, audit 3 32 procedures, and audit requirements as a school 3 33 district. The audit shall be consistent with the 3 34 requirements of sections 11.6, 11.14, 11.19, 256.9, 3 35 subsection 19, and section 279.29, except to the 3 36 extent deviations are necessary because of the program 3 37 at the school. The department, the auditor of state, 3 38 or the legislative fiscal bureau may conduct 3 39 financial, program, or compliance audits. 3 40 3. A pilot charter school shall not discriminate 3 41 in its student admissions policies or practices on the 3 42 basis of intellectual or athletic ability, measures of 3 43 achievement or aptitude, status as a person with a 3 44 disability, or any other basis that would be illegal 3 45 if practiced by a school district. However, a pilot 3 46 charter school may limit admission to students who are 3 47 within a particular range of age or grade level or on 3 48 any other basis that would be legal if initiated by a 3 49 school district. Enrollment priority shall be given 3 50 to the siblings of students enrolled in a pilot 4 1 charter school. 4 2 4. A pilot charter school shall enroll an eligible 4 3 student who submits a timely application, unless the 4 4 number of applications exceeds the capacity of a 4 5 program, class, grade level, or building. In this 4 6 case, students must be accepted by lot. A pilot 4 7 charter school shall be subject to section 282.18 as 4 8 if it did not operate under a charter, except as 4 9 provided in this chapter. 4 10 5. A bargaining unit formed by employees of a 4 11 pilot charter school shall be separate from a school 4 12 district bargaining unit, unless the entire school 4 13 district is approved as a pilot charter school. 4 14 6. A pilot charter school shall provide 4 15 instruction for at least the number of days required 4 16 by section 279.10, subsection 1, unless the school 4 17 provides instruction throughout the year according to 4 18 section 256.20 or section 279.10, subsection 3. 4 19 7. Notwithstanding section 256F.4, subsection 1, a 4 20 pilot charter school shall meet the requirements of 4 21 section 256.7, subsection 21. 4 22 Sec. 5. NEW SECTION. 256F.5 APPLICATION 4 23 DEFINITION. 4 24 1. An application for the approval of a pilot 4 25 charter school shall include, but shall not be limited 4 26 to, a description of the following: 4 27 a. The method for admission to a pilot charter 4 28 school. 4 29 b. The mission, purpose, innovation, and 4 30 specialized focus of the pilot charter school. 4 31 c. Performance goals and objectives in addition to 4 32 those required under section 256.7, subsection 21, by 4 33 which the school's student achievement shall be 4 34 judged, the measures to be used to assess progress, 4 35 and the current baseline status with respect to the 4 36 goals. 4 37 d. Procedures for teacher evaluation and 4 38 professional development for teachers and 4 39 administrators. 4 40 e. The pilot charter school governance and bylaws. 4 41 f. The financial plan for the operation of the 4 42 school. 4 43 g. The educational program, instructional 4 44 methodology, and services to be offered to students. 4 45 h. The number and qualifications of teachers and 4 46 administrators to be employed. 4 47 i. The organization of the school in terms of ages 4 48 of students or grades to be taught along with an 4 49 estimate of the total enrollment of the school. 4 50 j. The provision of school facilities and public 5 1 transportation. 5 2 k. A statement indicating how the pilot charter 5 3 school will meet the requirements of section 256F.4, 5 4 subsection 1, paragraph "a" and section 256F.4, 5 5 subsection 3. 5 6 l. Assurance of the assumption of liability by the 5 7 pilot charter school. 5 8 m. The types and amounts of insurance coverage to 5 9 be obtained by the pilot charter school. 5 10 n. A plan of operation to be implemented if the 5 11 state public charter school revokes or fails to renew 5 12 its contract. 5 13 2. If an attendance center located within a 5 14 district submits an application to a school district, 5 15 the board of directors of the school district shall 5 16 notify the applicant of its decision to deny or 5 17 approve the application within ninety days of 5 18 receiving the application. If the board denies the 5 19 application, or fails to notify the applicant of its 5 20 decision in a timely manner, the applicant may apply 5 21 to the state board. If the state board approves the 5 22 application, the state board shall notify the board of 5 23 directors of the school district in which the 5 24 attendance center is located, and the school board 5 25 shall become the authorizing body for the pilot 5 26 charter school, shall issue a contract with the pilot 5 27 charter school, and shall otherwise comply with the 5 28 provisions of the chapter. The decision of the state 5 29 board is final. 5 30 3. A school district seeking approval for a pilot 5 31 charter school shall also submit with the application 5 32 evidence of broad-based support among parents, 5 33 teachers, and pupils within the school district for 5 34 the formation of a pilot charter school by way of a 5 35 petition, public opinion survey, or other similar, 5 36 reliable indicator of public opinion. 5 37 4. The state board and a pilot charter school may 5 38 freely negotiate which state statutes and 5 39 administrative rules apply to the pilot charter 5 40 school. 5 41 Sec. 6. NEW SECTION. 256F.6 CONTRACT. 5 42 1. An approved pilot charter school application 5 43 shall constitute an agreement, the terms of which 5 44 shall be the terms of a four-year renewable contract 5 45 between the pilot charter school and the state board. 5 46 The contract shall reflect all agreements regarding 5 47 the operation of the pilot charter school. The terms 5 48 of the contract may be revised at any time with the 5 49 approval of both the state board and the pilot charter 5 50 school, whether or not the stated provisions of the 6 1 contract are being fulfilled. 6 2 2. The state board of education shall provide by 6 3 rule for the ongoing review of a pilot charter 6 4 school's compliance with a contract entered into in 6 5 accordance with this chapter. 6 6 3. The department shall visit a pilot charter 6 7 school district at least once annually to determine 6 8 the status and progress toward the goals of its 6 9 contract. 6 10 Sec. 7. NEW SECTION. 256F.7 INSTRUCTIONAL AND 6 11 NONINSTRUCTIONAL STAFF. 6 12 1. Employees of a pilot charter school may, if 6 13 otherwise eligible, organize under chapter 20 and 6 14 comply with its provisions as if it did not operate 6 15 under a charter. 6 16 2. Practitioners employed by pilot charter schools 6 17 shall be licensed in accordance with chapter 272 6 18 except as follows: 6 19 a. Up to fifteen percent of the teachers employed 6 20 by pilot charter schools shall not be required to be 6 21 licensed under chapter 272. 6 22 b. A person may be employed as an administrator if 6 23 the person is pursuing a course of study leading to 6 24 the completion of all requirements for licensure as an 6 25 administrator. 6 26 3. Practitioners employed in a pilot charter 6 27 school shall be public school employees for purposes 6 28 of chapter 97B. 6 29 Sec. 8. NEW SECTION. 256F.8 PROCEDURES FOR 6 30 REVOCATION OR NONRENEWAL OF CONTRACT. 6 31 1. A contract for the establishment of a state 6 32 public pilot charter school may be revoked either by 6 33 the state board, in accordance with section 256F.6, 6 34 subsection 2, in the case of a school district, or, in 6 35 the case of a school only, the school board that 6 36 established the pilot charter school if the 6 37 appropriate board determines that one or more of the 6 38 following occurred: 6 39 a. Failure of the pilot charter school or district 6 40 to abide by and meet the educational goals set forth 6 41 in the contract. 6 42 b. Failure of the pilot charter school or district 6 43 to comply with all applicable law. 6 44 c. Failure of the pilot charter school or district 6 45 to meet generally accepted public sector accounting 6 46 principles. 6 47 d. The existence of one or more other grounds for 6 48 revocation as specified in the contract. 6 49 2. The decision by a school board to revoke or to 6 50 fail to take action to renew a pilot charter school 7 1 contract is subject to appeal under section 290.1. 7 2 3. If the state board determines that a pilot 7 3 charter school district is in substantial violation of 7 4 the terms of the contract entered into in accordance 7 5 with section 256F.6, the state board shall assume 7 6 temporary oversight authority, operational authority, 7 7 or both oversight and operational authority, and 7 8 notify the pilot charter school district of its 7 9 intention to revoke the contract at least sixty days 7 10 prior to revoking a contract. The notice shall state 7 11 the grounds for the proposed action in writing and in 7 12 reasonable detail. The school district may request in 7 13 writing an informal hearing before the state board 7 14 within fourteen days of receiving notice of revocation 7 15 of the contract. Upon receiving a timely written 7 16 request for a hearing, the state board shall give 7 17 reasonable notice to the school board of the hearing 7 18 date. The state board shall conduct an informal 7 19 hearing before taking final action. The school board 7 20 shall take final action to revoke or approve 7 21 continuation of a contract by the last day of classes 7 22 in the school year. If the final action to revoke a 7 23 contract under this section occurs prior to the last 7 24 day of classes in the school year, a pilot charter 7 25 school student may enroll in the resident district or 7 26 another district as provided in section 256F.9, 7 27 subsection 2. 7 28 4. The decision of the state board to revoke a 7 29 contract under this section is solely within the 7 30 discretion of the state board and is final. 7 31 5. A board revoking a contract or a school board 7 32 which fails to renew a contract under this chapter is 7 33 not liable for that action to the pilot charter 7 34 school, a student enrolled in the pilot charter school 7 35 or the student's parent or guardian, or any other 7 36 person. 7 37 Sec. 9. NEW SECTION. 256F.9 PROCEDURES AFTER 7 38 REVOCATION STUDENT ENROLLMENT. 7 39 1. If the contract for a pilot charter school 7 40 district is revoked in accordance with section 256F.8, 7 41 the state board shall merge the territory of the 7 42 school district with one or more contiguous school 7 43 districts at the end of the school year. Division of 7 44 assets and liabilities of the school district shall be 7 45 as provided in sections 275.29 through 275.31. Until 7 46 the merger is completed, and subject to a decision by 7 47 the state board of education, the pilot charter school 7 48 district shall pay tuition for its resident students 7 49 to an accredited school district under section 282.24. 7 50 However, in lieu of merger and payment of tuition by a 8 1 pilot charter school district, the state board may 8 2 place the district under receivership for the 8 3 remainder of the school year or until the district 8 4 meets the accreditation requirements of section 256.11 8 5 or the terms of the contract entered into pursuant to 8 6 section 256F.6. The receivership shall be under the 8 7 direct supervision and authority of the director of 8 8 the department of education. The decision of whether 8 9 to merge the school district and require payment of 8 10 tuition for the district's students or to place the 8 11 district under receivership shall be based upon a 8 12 determination by the state board of the best interests 8 13 of the students, parents, residents of the community, 8 14 teachers, administrators, and board members of the 8 15 district and the recommendations of the director of 8 16 the department of education. If the state board 8 17 revokes a contract, the revocation shall take effect 8 18 on the date established by the resolution of the state 8 19 board, which shall be no later than the end of the 8 20 school year in which the contract is revoked. 8 21 2. If a pilot charter school contract is revoked 8 22 in accordance with this chapter, a student who 8 23 attended the school, siblings of the student, or 8 24 another student who resides in the same place as the 8 25 student may enroll in the resident district or may 8 26 submit an application to a nonresident district 8 27 according to section 282.18 at any time. Applications 8 28 and notices required by section 282.18 shall be 8 29 processed and provided in a prompt manner. The 8 30 application and notice deadlines in section 282.18 do 8 31 not apply under these circumstances. 8 32 Sec. 10. NEW SECTION. 256F.10 REPORTS. 8 33 Notwithstanding section 256F.4, subsection 1, not 8 34 later than December 1, 2001, and annually thereafter, 8 35 the state board shall submit a comprehensive report, 8 36 with findings and recommendations, to the senate and 8 37 house standing committees on education. The report 8 38 shall evaluate pilot charter school programs 8 39 generally, including but not limited to, an evaluation 8 40 of whether the pilot programs are fulfilling the 8 41 purposes set forth in section 256F.5, subsection 1. 8 42 The report also shall contain, for each pilot charter 8 43 school, a copy of the pilot charter school's mission 8 44 statement, attendance statistics and dropout rate, 8 45 aggregate assessment test scores, projections of 8 46 financial stability, and number of and comments on 8 47 supervisory visits by the department of education. 8 48 Sec. 11. EMERGENCY RULES. The state board of 8 49 education may adopt emergency rules under section 8 50 17A.4, subsection 2, and section 17A.5, subsection 2, 9 1 paragraph "b", to implement this Act and the rules 9 2 shall be effective immediately upon filing unless a 9 3 later date is specified in the rules. Any rules 9 4 adopted in accordance with this section shall also be 9 5 published as a notice of intended action as provided 9 6 in section 17A.4." 9 7 9 8 9 9 9 10 COMMITTEE ON EDUCATION 9 11 GRUNDBERG of Polk, Chairperson 9 12 SF 2318.306 78 9 13 kh/cf
Text: H08407 Text: H08409 Text: H08400 - H08499 Text: H Index Bills and Amendments: General Index Bill History: General Index
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