Text: S05140                            Text: S05142
Text: S05100 - S05199                   Text: S Index
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Senate Amendment 5141

Amendment Text

PAG LIN
  1  1    Amend Senate File 2318 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:  
  1  4                       "DIVISION I
  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 and school districts from
  1 11 achieving effective education reform.  To determine
  1 12 whether allowing public schools or school districts to
  1 13 operate under a charter can help a school or district
  1 14 more effectively achieve the goal of education reform,
  1 15 the general assembly finds that a pilot program should
  1 16 be enacted allowing public schools and school
  1 17 districts to specify their own duties,
  1 18 responsibilities, and operations.  To assist public
  1 19 schools and school districts in meeting their student
  1 20 achievement and education reform goals, the general
  1 21 assembly finds that two charter school models are
  1 22 necessary, both of which shall be publicly authorized
  1 23 and publicly funded:
  1 24    1.  The state public charter school model.
  1 25    2.  The local public charter school model.
  1 26    Sec. 2.  NEW SECTION.  256F.2  PILOT PROGRAM –
  1 27 DEFINITIONS.
  1 28    1.  Commencing with the school year beginning July
  1 29 1, 2001, the state board of education shall initiate a
  1 30 pilot program to test the effectiveness of charter
  1 31 schools.  The purpose of the pilot charter school
  1 32 program is to encourage public schools and school
  1 33 districts to determine creative ways to achieve the
  1 34 educational outcomes that meet the needs of all
  1 35 children to be successful.  Under the program, the
  1 36 state board may approve as pilot programs not more
  1 37 than five state public charter school programs and not
  1 38 more than five local public charter school programs,
  1 39 unless the state board receives fewer applications
  1 40 than the maximum for either model, in which case,
  1 41 effective July 1, 2003, the state board may approve
  1 42 the applications for either model until it reaches a
  1 43 total of ten pilot programs.  A school district
  1 44 approved as a pilot program for a state public charter
  1 45 school shall be counted as one program under this
  1 46 section.  The state board shall approve only those
  1 47 applications that meet the qualifications specified in
  1 48 section 256F.3 or 256F.21, as applicable, in
  1 49 accordance with this chapter.  To receive approval to
  1 50 establish a pilot charter school, the board of
  2  1 directors of a school district shall submit an
  2  2 application to the state board in accordance with
  2  3 section 256F.3 or 256F.21, as applicable, in
  2  4 accordance with this chapter.  The state board shall
  2  5 adopt rules in accordance with chapter 17A for the
  2  6 implementation of this chapter.  When considering
  2  7 applications, state board approval shall be based on
  2  8 whether the applications meet the following criteria,
  2  9 in order of priority:
  2 10    a.  Meets all of the qualifications specified in
  2 11 section 256F.3 or section 256F.21, as applicable.
  2 12    b.  Ensures geographical distribution of pilot
  2 13 programs across the state.
  2 14    c.  Ensures distribution to small, medium, and
  2 15 large school districts.
  2 16    d.  That no other pilot charter school program of
  2 17 its type exists within the same school district.
  2 18    2.  The approval by the state board of an
  2 19 application shall not be conditioned upon the
  2 20 bargaining unit status of the employees of the charter
  2 21 school.
  2 22    3.  A school board may, by majority vote, submit
  2 23 the question of whether to operate the school district
  2 24 as a state public charter school to the eligible
  2 25 electors of the school district at any regular school
  2 26 election or at a special election called specifically
  2 27 for this purpose.  The school board shall submit an
  2 28 application to the state board for approval of the
  2 29 state public charter school as a pilot program only if
  2 30 a majority of the eligible electors voting in an
  2 31 election called pursuant to this subsection vote in
  2 32 favor of the question.
  2 33    4.  "Department" means the department of education,
  2 34 for purposes of this chapter.
  2 35    5.  "Pilot charter school", for purposes of this
  2 36 division, means a state public or local public charter
  2 37 school operated as a pilot program, as indicated by
  2 38 the context.
  2 39    6.  "Pilot charter school district" means a school
  2 40 district operating under a contract with the state
  2 41 board in accordance with this chapter.
  2 42    7.  "State board" means the state board of
  2 43 education, for purposes of this chapter.
  2 44    Sec. 3.  NEW SECTION.  256F.3  GENERAL OPERATING
  2 45 REQUIREMENTS.
  2 46    1.  Any pilot charter school that is approved to
  2 47 operate shall operate under the provisions of its
  2 48 contract and shall be subject to the following:
  2 49    a.  Shall meet all applicable federal, state, and
  2 50 local health and safety requirements and laws
  3  1 prohibiting discrimination on the basis of race,
  3  2 creed, color, sex, national origin, religion,
  3  3 ancestry, or disability.  A charter school shall be
  3  4 subject to any court-ordered desegregation plan in
  3  5 effect for the school district at the time the
  3  6 school's charter application is approved.
  3  7    b.  Shall operate as a nonsectarian, nonreligious
  3  8 public school.
  3  9    c.  Shall be free of tuition and application fees
  3 10 to Iowa resident students between the ages of five and
  3 11 twenty-one years.
  3 12    d.  Shall be subject to and shall comply with
  3 13 chapters 216 and 216A relating to civil and human
  3 14 rights.
  3 15    e.  Shall be considered a school district for
  3 16 purposes of tort liability under chapter 670.
  3 17    f.  Shall not be used as a method of providing
  3 18 education or generating revenue for students receiving
  3 19 competent private instruction pursuant to chapter
  3 20 299A.
  3 21    g.  Shall receive state moneys or be eligible to
  3 22 receive state moneys as provided in chapters 256D,
  3 23 256E, 257, 285, 294A, and 295, as if it did not
  3 24 operate under a charter.  A pilot charter school
  3 25 district may levy taxes and issue bonds as provided in
  3 26 chapters 73A, 75, 76, 257, 279, 295, 296, and 298, as
  3 27 if it did not operate under a charter.  The enrollment
  3 28 of the pilot charter school shall be included in the
  3 29 actual enrollment of the school district in which the
  3 30 pilot charter school is located except as provided in
  3 31 paragraph "h".
  3 32    h.  Shall operate within the same geographic
  3 33 boundaries that existed prior to its becoming a pilot
  3 34 charter school or district.  The enrollment of the
  3 35 pilot charter school or district shall be calculated
  3 36 and submitted as provided in chapter 257 as if it did
  3 37 not operate under a charter.
  3 38    i.  Shall provide special education services in
  3 39 accordance with chapter 256B.  However, the school
  3 40 district of residence shall be responsible for the
  3 41 difference between the state moneys received pursuant
  3 42 to the weighting plan under section 256B.9, and the
  3 43 pilot charter school's extraordinary costs of
  3 44 instruction of children requiring special education.
  3 45    j.  Shall not discriminate in its student
  3 46 admissions policies or practices on the basis of
  3 47 intellectual or athletic ability, measures of
  3 48 achievement or aptitude, status as a person with a
  3 49 disability, or any other basis that would be illegal
  3 50 if practiced by a school district.  However, a pilot
  4  1 charter school may limit admission to students who are
  4  2 within a particular range of age or grade level or on
  4  3 any other basis that would be legal if initiated by a
  4  4 school district.  Enrollment priority shall be given
  4  5 to the siblings of students enrolled in a pilot
  4  6 charter school.
  4  7    2.  A pilot charter school shall enroll an eligible
  4  8 student who submits a timely application, unless the
  4  9 number of applications exceeds the capacity of a
  4 10 program, class, grade level, or building.  In this
  4 11 case, students must be accepted by lot.  A pilot
  4 12 charter school shall be subject to section 282.18 as
  4 13 if it did not operate under a charter, except as
  4 14 provided in this chapter.
  4 15    3.  A pilot charter school is a public school and
  4 16 is part of the state's system of public education.
  4 17 Except as provided in this chapter, a pilot charter
  4 18 school is exempt from all statutes and rules
  4 19 applicable to a school, a school board, or a district,
  4 20 although it may elect to comply with one or more
  4 21 provisions of statute or administrative rule.
  4 22    4.  The state board and a pilot charter school may
  4 23 freely negotiate which state statutes and
  4 24 administrative rules apply to the pilot charter
  4 25 school.
  4 26    5.  A bargaining unit formed by employees of a
  4 27 pilot charter school shall be separate from a school
  4 28 district bargaining unit, unless the entire school
  4 29 district is approved as a pilot charter school.
  4 30    6.  A pilot charter school shall provide
  4 31 instruction for at least the number of days required
  4 32 by section 279.10, subsection 1, unless the school
  4 33 provides instruction throughout the year according to
  4 34 section 256.20 or section 279.10, subsection 3.
  4 35    Sec. 4.  NEW SECTION.  256F.4  CONTRACT.
  4 36    1.  An approved pilot charter school application
  4 37 shall constitute an agreement, the terms of which
  4 38 shall be the terms of a four-year renewable contract
  4 39 between the pilot charter school or pilot charter
  4 40 school district and the state board under division II,
  4 41 and between the pilot charter school and the local
  4 42 school district under division III.  The contract
  4 43 shall reflect all agreements regarding the operation
  4 44 of the pilot charter school.  The terms of the
  4 45 contract may be revised at any time, with the approval
  4 46 of the state board and the pilot charter school under
  4 47 division II, or with the approval of the pilot charter
  4 48 school and the school district under division III,
  4 49 whether or not the stated provisions of the contract
  4 50 are being fulfilled.
  5  1    2.  The state board of education shall provide by
  5  2 rule for the ongoing review of a pilot charter
  5  3 school's compliance with a contract entered into in
  5  4 accordance with this chapter.  The department shall
  5  5 visit a pilot charter school district at least once
  5  6 annually to determine the status and progress toward
  5  7 the goals of its contract.
  5  8    Sec. 5.  NEW SECTION.  256F.5  INSTRUCTIONAL AND
  5  9 NONINSTRUCTIONAL STAFF.
  5 10    1.  Employees of a pilot charter school may, if
  5 11 otherwise eligible, organize under chapter 20 and
  5 12 comply with its provisions as if it did not operate
  5 13 under a charter.
  5 14    2.  Practitioners employed by pilot charter schools
  5 15 shall be licensed in accordance with chapter 272
  5 16 except as follows:
  5 17    a.  Up to fifteen percent of the teachers employed
  5 18 by pilot charter schools shall not be required to be
  5 19 licensed under chapter 272.
  5 20    b.  A person may be employed as an administrator if
  5 21 the person is pursuing a course of study leading to
  5 22 the completion of all requirements for licensure as an
  5 23 administrator.
  5 24    3.  Practitioners employed in a pilot charter
  5 25 school shall be public school employees for purposes
  5 26 of chapter 97B.
  5 27    Sec. 6.  NEW SECTION.  256F.6  PROCEDURES AFTER
  5 28 REVOCATION – STUDENT ENROLLMENT.
  5 29    1.  If the contract for a pilot charter school
  5 30 district is revoked under section 256F.13, the state
  5 31 board shall merge the territory of the school district
  5 32 with one or more contiguous school districts at the
  5 33 end of the school year.  Division of assets and
  5 34 liabilities of the school district shall be as
  5 35 provided in sections 275.29 through 275.31.  Until the
  5 36 merger is completed, and subject to a decision by the
  5 37 state board of education, the pilot charter school
  5 38 district shall pay tuition for its resident students
  5 39 to an accredited school district under section 282.24.
  5 40 However, in lieu of merger and payment of tuition by a
  5 41 pilot charter school district, the state board may
  5 42 place the district under receivership for the
  5 43 remainder of the school year or until the district
  5 44 meets the accreditation requirements of section 256.11
  5 45 or the terms of the contract entered into pursuant to
  5 46 section 256F.4.  The receivership shall be under the
  5 47 direct supervision and authority of the director of
  5 48 the department of education.  The decision of whether
  5 49 to merge the school district and require payment of
  5 50 tuition for the district's students or to place the
  6  1 district under receivership shall be based upon a
  6  2 determination by the state board of the best interests
  6  3 of the students, parents, residents of the community,
  6  4 teachers, administrators, and board members of the
  6  5 district and the recommendations of the director of
  6  6 the department of education.  If the state board
  6  7 revokes a contract, the revocation shall take effect
  6  8 on the date established by the resolution of the state
  6  9 board, which shall be no later than the end of the
  6 10 school year in which the contract is revoked.
  6 11    2.  If a pilot charter school contract is revoked
  6 12 in accordance with this chapter, a student who
  6 13 attended the school, siblings of the student, or
  6 14 another student who resides in the same place as the
  6 15 student may enroll in the resident district or may
  6 16 submit an application to a nonresident district
  6 17 according to section 282.18 at any time.  Applications
  6 18 and notices required by section 282.18 shall be
  6 19 processed and provided in a prompt manner.  The
  6 20 application and notice deadlines in section 282.18 do
  6 21 not apply under these circumstances.
  6 22    Sec. 7.  NEW SECTION.  256F.7  REPORTS.
  6 23    1.  Notwithstanding section 256F.3, subsection 3,
  6 24 not later than December 1, 2001, and annually
  6 25 thereafter, the state board shall submit a
  6 26 comprehensive report, with findings and
  6 27 recommendations, to the senate and house standing
  6 28 committees on education.  The report shall evaluate
  6 29 pilot charter school programs generally, including but
  6 30 not limited to, an evaluation of whether the pilot
  6 31 programs are fulfilling the purposes set forth in
  6 32 section 256F.11, subsection 1, and if applicable,
  6 33 section 256F.22.  The report also shall contain, for
  6 34 each pilot charter school, a copy of the pilot charter
  6 35 school's mission statement, attendance statistics and
  6 36 dropout rate, aggregate assessment test scores,
  6 37 projections of financial stability, and number of and
  6 38 comments on supervisory visits by the department of
  6 39 education.
  6 40    2.  Notwithstanding section 256F.3, subsection 3, a
  6 41 pilot charter school shall meet the reporting
  6 42 requirements of section 256.7, subsection 21,
  6 43 paragraph "c".  The department shall disseminate the
  6 44 information submitted by a pilot charter school in
  6 45 accordance with this section to all school districts.  
  6 46                       DIVISION II
  6 47          THE STATE PUBLIC CHARTER SCHOOL MODEL
  6 48    Sec. 8.  NEW SECTION.  256F.11  APPLICATION –
  6 49 DEFINITION.
  6 50    1.  An application for the approval of a pilot
  7  1 charter school shall include, but shall not be limited
  7  2 to, a description of the following:
  7  3    a.  The method for admission to a pilot charter
  7  4 school or schools within a pilot charter school
  7  5 district.
  7  6    b.  The mission, purpose, innovation, and
  7  7 specialized focus of the proposed pilot charter school
  7  8 or schools within a pilot charter school district.
  7  9    c.  An explicit statement of the performance goals
  7 10 and objectives, by which the school's student
  7 11 achievement shall be judged, proposed by the school
  7 12 board or school district attendance center submitting
  7 13 the application to the school board, the measures to
  7 14 be used to assess progress, the attendance center or
  7 15 the school district's current baseline status with
  7 16 respect to the goals, and the time frame for
  7 17 accomplishing the goals.
  7 18    d.  Procedures for teacher evaluation and
  7 19 professional development for teachers and
  7 20 administrators.
  7 21    e.  The school or district governance and bylaws.
  7 22    f.  The financial plan for the operation of the
  7 23 school or district.
  7 24    g.  The educational program, instructional
  7 25 methodology, and services to be offered to students.
  7 26    h.  The number and qualifications of teachers and
  7 27 administrators to be employed.
  7 28    i.  The organization of the school or schools
  7 29 within the pilot charter school district in terms of
  7 30 ages of students or grades to be taught along with an
  7 31 estimate of the total enrollment of the school or
  7 32 schools within the pilot school district.
  7 33    j.  The provision of school facilities and public
  7 34 transportation.
  7 35    k.  A statement of equal educational opportunity
  7 36 which shall state that the pilot charter school or
  7 37 district shall be open to all students on a space-
  7 38 available basis, and shall not discriminate on the
  7 39 basis of race, color, national origin, creed, sex,
  7 40 ethnicity, sexual orientation, mental or physical
  7 41 disability, age, ancestry, athletic performance,
  7 42 special need, or proficiency in the English language,
  7 43 or academic achievement.
  7 44    l.  Assurance of the assumption of liability by the
  7 45 pilot charter school or district.
  7 46    m.  The types and amounts of insurance coverage to
  7 47 be obtained by the pilot charter school or district.
  7 48    n.  A plan of operation to be implemented if the
  7 49 state public charter school revokes or fails to renew
  7 50 its contract.
  8  1    2.  If an attendance center located within a
  8  2 district submits an application to a school district,
  8  3 the board of directors of the school district shall
  8  4 notify the applicant of its decision to deny or
  8  5 approve the application within ninety days of
  8  6 receiving the application.  If the board denies the
  8  7 application, or fails to notify the person of its
  8  8 decision in a timely manner, the applicant may apply
  8  9 to the state board.  If the state board approves the
  8 10 application, the state board shall notify the board of
  8 11 directors of the school district in which the
  8 12 attendance center is located, and the school board
  8 13 shall become the authorizing body for the pilot
  8 14 charter school, shall issue a contract with the pilot
  8 15 charter school, and shall otherwise comply with the
  8 16 provisions of the chapter.  The decision of the state
  8 17 board is final and is not subject to review by a court
  8 18 or any other state agency.
  8 19    3.  A school district seeking approval for a pilot
  8 20 charter school shall also submit with the application
  8 21 evidence of broad-based support among parents,
  8 22 teachers, and pupils within the school district for
  8 23 the formation of a pilot charter school by way of a
  8 24 petition, public opinion survey, or other similar,
  8 25 reliable indicator of public opinion.
  8 26    4.  For purposes of this division, "pilot charter
  8 27 school" means a state public charter school operated
  8 28 as a pilot program, unless the context indicates
  8 29 otherwise.  "Attendance center", means a public school
  8 30 building that houses elementary, middle, or secondary
  8 31 school students.  An attendance center shall not enter
  8 32 into a charter school contract with a school district
  8 33 under this division unless the attendance center is
  8 34 located within the school district.
  8 35    Sec. 9.  NEW SECTION.  256F.12  ADDITIONAL
  8 36 PROVISIONS REGARDING STATE PUBLIC PILOT CHARTER
  8 37 SCHOOLS.
  8 38    1.  A school district receiving approval to become
  8 39 a pilot charter school district or to establish a
  8 40 pilot charter school under division I and this
  8 41 division shall do the following:
  8 42    a.  Contract for an annual financial audit by a
  8 43 certified public accountant in accordance with
  8 44 generally accepted accounting principles.  The audit
  8 45 shall examine the validity and integrity of data
  8 46 reported to the state for state school foundation aid
  8 47 purposes and internal controls of the charter school
  8 48 or district.  Notwithstanding any provision to the
  8 49 contrary, a pilot charter school or district may, but
  8 50 shall not be required to, conform to uniform state
  9  1 financial accounting and reporting standards and
  9  2 processes, laws, and regulations governing school
  9  3 districts.
  9  4    b.  Operate within the geographical boundaries of
  9  5 the school district approved to establish the pilot
  9  6 charter school.
  9  7    c.  Be accountable to the state board for purposes
  9  8 of ensuring compliance with the charter provisions.
  9  9    2.  A pilot charter school or a pilot charter
  9 10 school district shall be liable for timely payment on
  9 11 its bonded indebtedness and subject to the same bonded
  9 12 indebtedness limitations as if it did not operate
  9 13 under a charter.
  9 14    3.  A pilot charter school and a pilot charter
  9 15 school district shall be accountable to the state
  9 16 board for purposes of ensuring compliance with the
  9 17 charter provisions.
  9 18    Sec. 10.  NEW SECTION.  256F.13  REVOCATION OF
  9 19 CONTRACT.
  9 20    1.  A contract for the establishment of a state
  9 21 public pilot charter school or district issued under
  9 22 this division may be revoked either by the state board
  9 23 in the case of a school or district, or, in the case
  9 24 of a school only, the school board that established
  9 25 the pilot charter school if the appropriate board
  9 26 determines that one or more of the following occurred:
  9 27    a.  Failure of the pilot charter school or district
  9 28 to abide by and meet the educational goals set forth
  9 29 in the contract.
  9 30    b.  Failure of the pilot charter school or district
  9 31 to comply with all applicable law.
  9 32    c.  Failure of the pilot charter school or district
  9 33 to meet generally accepted public sector accounting
  9 34 principles.
  9 35    d.  The existence of one or more other grounds for
  9 36 revocation as specified in the contract.
  9 37    2.  If the state board decides to consider a
  9 38 proposal to revoke a contract in accordance with this
  9 39 section, the state board shall notify the school
  9 40 district of the proposed action at least sixty days
  9 41 prior to revoking a contract.  If the school district
  9 42 decides to consider a proposal to revoke a contract,
  9 43 it shall notify the state board of the proposed action
  9 44 at least sixty days prior to revoking the contract.
  9 45 The notice shall state the grounds for the proposed
  9 46 action in writing and in reasonable detail.  If the
  9 47 state board is initiating the action, the school
  9 48 district may request in writing an informal hearing
  9 49 before the state board within fourteen days of
  9 50 receiving notice of revocation of the contract.  Upon
 10  1 receiving a timely written request for a hearing, the
 10  2 state board shall give reasonable notice to the school
 10  3 board of the hearing date.  The state board shall
 10  4 conduct an informal hearing before taking final
 10  5 action.  The school board shall take final action to
 10  6 revoke or approve continuation of a contract by the
 10  7 last day of classes in the school year.  If the final
 10  8 action to revoke a contract under this section occurs
 10  9 prior to the last day of classes in the school year, a
 10 10 pilot charter school student may enroll in the
 10 11 resident district or another district as provided in
 10 12 section 256F.6.
 10 13    3.  The decision of the state board or the school
 10 14 board to revoke a contract under this section is
 10 15 solely within the discretion of the state board or the
 10 16 school board, is final, and is not subject to review
 10 17 by a court or any other state agency.  A board
 10 18 revoking a contract under this section is not liable
 10 19 for that action to the pilot charter school, a student
 10 20 enrolled in the pilot charter school or the student's
 10 21 parent or guardian, or any other person.  
 10 22                      DIVISION III
 10 23          THE LOCAL PUBLIC CHARTER SCHOOL MODEL
 10 24    Sec. 11.  NEW SECTION.  256F.21  LOCAL PUBLIC PILOT
 10 25 CHARTER SCHOOL – AUTHORIZING AGENT.
 10 26    1.  The board of directors of a school district may
 10 27 become the authorizing agent for a pilot charter
 10 28 school if the board submits a copy of the contract
 10 29 established between the board and the proposed local
 10 30 operators of the proposed pilot charter school to the
 10 31 state board.  However, the local operators shall have
 10 32 final authority over the content contained in the
 10 33 application.  The state board shall approve or deny
 10 34 the establishment of a pilot charter school in
 10 35 accordance with this division only on the basis of
 10 36 whether the proposed pilot charter school contract and
 10 37 location meets the requirements set forth section
 10 38 256F.2, subsection 1.
 10 39    2.  "Authorizing agent" means the board of
 10 40 directors of a school district.
 10 41    3.  "Pilot charter school", for purposes of this
 10 42 division, means a local public charter school operated
 10 43 as a pilot program, except as provided in section
 10 44 256F.22, subsection 2, and unless the context
 10 45 indicates otherwise.
 10 46    Sec. 12.  NEW SECTION.  256F.22  CONTRACT TO
 10 47 ORGANIZE.
 10 48    1.  To obtain a contract to organize and operate a
 10 49 pilot charter school in accordance with this division,
 10 50 a person may apply to an authorizing body described in
 11  1 section 256F.21, subsection 2.  The application shall
 11  2 include all of the information described in section
 11  3 256F.11, subsection 1, and all of the following
 11  4 information:
 11  5    a.  Identification of the applicant for the
 11  6 contract.
 11  7    b.  Subject to the resolution adopted by the
 11  8 authorizing body under section 256F.24, subsection 2,
 11  9 a list of the proposed members of the board of
 11 10 directors of the pilot charter school and a
 11 11 description of the qualifications and method for
 11 12 appointment or election of members of the pilot
 11 13 charter school board of directors.
 11 14    c.  The proposed articles of incorporation, which
 11 15 shall include at least all of the following:
 11 16    (1)  The name of the proposed pilot charter school.
 11 17    (2)  The mission, purpose, and specialized focus of
 11 18 the proposed pilot charter school.  This language
 11 19 shall provide that the pilot charter school is
 11 20 incorporated pursuant to this section and that the
 11 21 pilot charter school is a governmental entity.
 11 22    (3)  The name of the authorizing body.
 11 23    (4)  The proposed time when the articles of
 11 24 incorporation will be effective.
 11 25    (5)  Other matters considered expedient to be in
 11 26 the articles of incorporation.
 11 27    (6)  The composition of the pilot charter school
 11 28 board.
 11 29    d.  Documentation meeting the application
 11 30 requirements of the authorizing body, including at
 11 31 least all of the following:
 11 32    (1)  A copy of curricula to be offered by the pilot
 11 33 charter school.  To the extent applicable, the
 11 34 progress of the students in the pilot charter school
 11 35 shall be reflected in the report filed with the state
 11 36 board in accordance with section 256F.7.
 11 37    (2)  A description of how the applicant will
 11 38 provide to the general public adequate notice that a
 11 39 pilot charter school is being created and adequate
 11 40 information on the admission policy, criteria, and
 11 41 process.
 11 42    e.  Descriptions of staff responsibilities.
 11 43    f.  Identification of where the pilot charter
 11 44 school will be located, which shall be within the
 11 45 boundaries of the school district acting as the
 11 46 authorizing body, including a description of and the
 11 47 address for the proposed physical plant in which the
 11 48 pilot charter school will be located.  A pilot charter
 11 49 school may be located in all or part of an existing
 11 50 public school building.  A pilot charter school shall
 12  1 not operate at a site other than the single site
 12  2 requested for the configuration of grades that will
 12  3 use the site, as specified in its application.
 12  4    g.  An agreement that the pilot charter school will
 12  5 comply with the provisions of this division and,
 12  6 subject to the provisions of this chapter, with all
 12  7 other state and federal law applicable to school
 12  8 districts.
 12  9    2.  Within ninety days of receiving an application
 12 10 made in accordance with subsection 1, the board of
 12 11 directors of the school district shall notify the
 12 12 applicant of its decision to deny or approve the
 12 13 application.  If the board denies the application, or
 12 14 fails to notify the person of its decision in a timely
 12 15 manner, the applicant may apply to the state board.
 12 16 If the state board approves the application, the state
 12 17 board shall notify the board of directors of the
 12 18 school district in which the pilot charter school is
 12 19 located, and the school board shall become the
 12 20 authorizing body for the pilot charter school, shall
 12 21 issue a contract with the pilot charter school, and
 12 22 shall otherwise comply with the provisions of the
 12 23 charter.  The decision of the state board is final and
 12 24 is not subject to review by a court or any other state
 12 25 agency.
 12 26    3.  The authorizing body shall oversee the pilot
 12 27 charter school operating under a contract issued by
 12 28 the authorizing body.  The oversight shall be
 12 29 sufficient to ensure that the authorizing body can
 12 30 certify that the pilot charter school is in compliance
 12 31 with applicable statute, administrative rules, and the
 12 32 terms of the contract.  However, control of
 12 33 instruction at a pilot charter school shall be vested
 12 34 in the board of directors of the pilot charter school
 12 35 under the general supervision of that board.
 12 36    4.  If the state board finds that an authorizing
 12 37 body is not engaging in appropriate continuing
 12 38 oversight of a pilot charter school operating under a
 12 39 contract with the authorizing body, the state board
 12 40 may suspend the power of the authorizing body to issue
 12 41 new contracts to organize and operate pilot charter
 12 42 schools.  A contract issued by the authorizing body
 12 43 during the suspension is void.  A contract issued by
 12 44 the authorizing body before the suspension is not
 12 45 affected by the suspension.
 12 46    Sec. 13.  NEW SECTION.  256F.23  ADDITIONAL
 12 47 PROVISIONS REGARDING LOCAL PUBLIC PILOT CHARTER
 12 48 SCHOOLS.
 12 49    1.  A pilot charter school established under this
 12 50 division shall do the following:
 13  1    a.  Operate within the geographical boundaries of
 13  2 the school district approved to establish the pilot
 13  3 charter school.
 13  4    b.  Be accountable to the local school board for
 13  5 purposes of ensuring compliance with the charter
 13  6 provisions.
 13  7    2.  An authorizing body is not required to issue a
 13  8 contract to any person.  Pilot charter school
 13  9 contracts shall be issued on a competitive basis
 13 10 taking into consideration the resources available for
 13 11 the proposed pilot charter school, the population to
 13 12 be served by the proposed pilot charter school, and
 13 13 the educational goals to be achieved by the proposed
 13 14 pilot charter school.
 13 15    3.  A pilot charter school is subject to the same
 13 16 financial audits, audit procedures, and audit
 13 17 requirements as a school district.  The audit shall be
 13 18 consistent with the requirements of sections 11.6,
 13 19 11.14, 11.19, 256.9, subsection 19, and section
 13 20 279.29, except to the extent deviations are necessary
 13 21 because of the program at the school.  The auditor of
 13 22 state may conduct financial, program, or compliance
 13 23 audits.
 13 24    Sec. 14.  NEW SECTION.  256F.24  BOARD OF
 13 25 DIRECTORS.
 13 26    1.  A pilot charter school shall be organized and
 13 27 administered under the direction of a board of
 13 28 directors.
 13 29    2.  The authorizing body shall adopt a resolution
 13 30 establishing the method of board selection, length of
 13 31 term, and number of members of the board of directors
 13 32 of each pilot charter school.  The person who applies
 13 33 to the authorizing body under section 256F.22,
 13 34 subsection 1, shall hold an election for members of
 13 35 the pilot charter school's board of directors in a
 13 36 timely manner after the school is operating.  Staff
 13 37 members employed by the pilot charter school,
 13 38 including teachers providing instruction under a
 13 39 contract with a teaching cooperative and all parents
 13 40 or guardians of children enrolled in the school, shall
 13 41 be given the opportunity to participate in the
 13 42 election.  A provisional board may operate before the
 13 43 election of the school's board of directors.  Meetings
 13 44 of the board of directors of a pilot charter school
 13 45 are subject to the provisions of chapter 21.
 13 46    3.  The board of directors for the pilot charter
 13 47 school shall adopt bylaws and shall organize the pilot
 13 48 charter school as a nonprofit association, nonprofit
 13 49 corporation, or business corporation.
 13 50    Sec. 15.  NEW SECTION.  256F.25  REVOCATION OF
 14  1 CONTRACT.
 14  2    1.  A contract issued under this division may be
 14  3 revoked by the authorizing body if it determines that
 14  4 one or more of the following occurred:
 14  5    a.  Failure of the pilot charter school to abide by
 14  6 and meet the educational goals set forth in the
 14  7 contract.
 14  8    b.  Failure of the pilot charter school to comply
 14  9 with all applicable law.
 14 10    c.  Failure of the pilot charter school to meet
 14 11 generally accepted public sector accounting
 14 12 principles.
 14 13    d.  The existence of one or more other grounds for
 14 14 revocation as specified in the contract.
 14 15    2.  If the authorizing body determines to revoke a
 14 16 contract in accordance with this division, the
 14 17 authorizing body shall notify the pilot charter school
 14 18 of the proposed action at least sixty days prior to
 14 19 revoking a contract.  The notice shall state the
 14 20 grounds for the proposed action in writing and in
 14 21 reasonable detail.  The pilot charter school may
 14 22 request in writing an informal hearing before the
 14 23 authorizing body within fourteen days of receiving
 14 24 notice of revocation of the contract.  Upon receiving
 14 25 a timely written request for a hearing, the
 14 26 authorizing body shall give reasonable notice to the
 14 27 pilot charter school of the hearing date.  The
 14 28 authorizing body shall conduct an informal hearing
 14 29 before taking final action.  The authorizing body
 14 30 shall take final action to revoke or approve
 14 31 continuation of a contract by the last day of classes
 14 32 in the school year.  If the final action to revoke a
 14 33 contract under this section occurs prior to the last
 14 34 day of classes in the school year, a student attending
 14 35 the school may enroll in the resident district or
 14 36 another district as provided in section 256F.6.
 14 37    3.  The decision of the authorizing body to revoke
 14 38 a contract under this section is subject to appeal
 14 39 under section 290.1.  An authorizing body revoking a
 14 40 contract under this section is not liable for that
 14 41 action to the pilot charter school, a student enrolled
 14 42 in the pilot charter school or the student's parent or
 14 43 guardian, or any other person.
 14 44    Sec. 16.  NEW SECTION.  256F.26  IMMUNITY.
 14 45    The state board, members of the state board, the
 14 46 authorizing body, members of the board of the
 14 47 authorizing body in their official capacity, and
 14 48 employees of an authorizing body are immune from civil
 14 49 or criminal liability with respect to all activities
 14 50 related to a charter school they approve or oversee.
 15  1 The board of directors of the pilot charter school
 15  2 shall obtain at least the amount of and types of
 15  3 insurance required by the contract, pursuant to
 15  4 section 256F.11, subsection 1.
 15  5    Sec. 17.  NEW SECTION.  256F.27  EXEMPTION FROM
 15  6 TAXATION.
 15  7    A pilot charter school is exempt from all state
 15  8 taxation on its earnings and property.  Instruments of
 15  9 conveyance to or from a pilot charter school are
 15 10 exempt from all state taxation.  A pilot charter
 15 11 school shall not levy taxes for any purpose.  However,
 15 12 the operation of a pilot charter school and oversight
 15 13 of a pilot charter school by a school district shall
 15 14 not affect the ability of the school district to levy
 15 15 taxes in accordance with any applicable statute.
 15 16    Sec. 18.  NEW SECTION.  256F.28  OTHER AID –
 15 17 INTERESTS IN PROPERTY.
 15 18    A pilot charter school may acquire by purchase,
 15 19 gift, devise, lease, sublease, installment purchase
 15 20 agreement, land contract, option, or by any other
 15 21 means, hold and own in its own name buildings and
 15 22 other property for school purposes and other
 15 23 interests, including, but not limited to, interests in
 15 24 property subject to mortgages, security interests, or
 15 25 other liens, necessary or convenient to fulfill its
 15 26 purposes.  For the purposes of condemnation, a pilot
 15 27 charter school may proceed under chapter 6B or any
 15 28 other applicable statutes, but only with the express,
 15 29 written permission of the authorizing body in each
 15 30 instance of condemnation and only after just
 15 31 compensation has been determined and paid.
 15 32    Sec. 19.  NEW SECTION.  256F.29  LEASED SPACE.
 15 33    A pilot charter school may lease space from a board
 15 34 eligible to be an authorizing body or other public or
 15 35 private nonprofit, nonsectarian organization.  If a
 15 36 pilot charter school is unable to lease appropriate
 15 37 space from an eligible board or other public or
 15 38 private nonprofit, nonsectarian organization, the
 15 39 school may lease space from another nonsectarian
 15 40 organization if the department of education, in
 15 41 consultation with the department of general services,
 15 42 approves the lease.  If the school is unable to lease
 15 43 appropriate space from public or private nonsectarian
 15 44 organizations, the school may lease space from a
 15 45 sectarian organization if the leased space is
 15 46 constructed as a school facility and the department of
 15 47 education, in consultation with the department of
 15 48 general services, approves the lease.
 15 49    Sec. 20.  NEW SECTION.  256F.30  AUTHORITY TO RAISE
 15 50 INITIAL WORKING CAPITAL.
 16  1    The authorizing body may authorize a pilot charter
 16  2 school before the applicant has secured its space,
 16  3 equipment, facilities, and personnel, if the applicant
 16  4 indicates the authority is necessary for it to raise
 16  5 working capital.  An authorizing body shall not
 16  6 authorize a school before the state board has approved
 16  7 the application.
 16  8    Sec. 21.  NEW SECTION.  256F.31  TRANSPORTATION.
 16  9    A pilot charter school shall provide transportation
 16 10 services to students enrolled in the pilot charter
 16 11 school, as if it was a school district, in accordance
 16 12 with section 285.1.  The state shall pay
 16 13 transportation aid to the pilot charter school under
 16 14 chapter 285 as if it was a school district.
 16 15    Sec. 22.  NEW SECTION.  256D.32  DISSEMINATE
 16 16 INFORMATION.
 16 17    The authorizing body, the pilot charter school, and
 16 18 the department shall disseminate information to the
 16 19 public on how to form and operate a charter school and
 16 20 how to utilize the offerings of a charter school.
 16 21 Particular groups to be targeted include low-income
 16 22 families and communities and minority students.
 16 23    Sec. 23.  NEW SECTION.  256D.33  LEAVE TO TEACH IN
 16 24 A CHARTER SCHOOL.
 16 25    Each school district shall be required to grant a
 16 26 leave of absence to any teacher in the school district
 16 27 requesting such leave in order to teach in a pilot
 16 28 charter school.  A teacher may request a leave of
 16 29 absence for up to two years.  While on leave, the
 16 30 teacher shall retain the teacher's seniority.  At the
 16 31 end of the second year, the teacher may either return
 16 32 to the teacher's former teaching position in the
 16 33 school district or, if the teacher chooses, may
 16 34 continue teaching at the pilot charter school and
 16 35 resign from the school district position.
 16 36    Sec. 24.  NEW SECTION.  256D.34  STATE SCHOOL
 16 37 FOUNDATION AID FOR A CHARTER SCHOOL.
 16 38    1.  Revenue from taxes levied by a school district
 16 39 or bonds issued by a school district shall be used to
 16 40 support the operation or facilities of a pilot charter
 16 41 school overseen by a school district, but locally
 16 42 operated, in the same manner as that revenue may be
 16 43 used by the school district to support its operations
 16 44 and facilities.  This section shall not be construed
 16 45 to authorize a school district to levy taxes or to
 16 46 issue bonds for any purpose that is not otherwise
 16 47 authorized under this chapter.
 16 48    2.  The authorizing body for a pilot charter school
 16 49 is the fiscal agent for the pilot charter school.  A
 16 50 state school aid payment for a pilot charter school
 17  1 shall be paid in accordance with section 257.16 to the
 17  2 fiscal agent, which shall then forward the payment to
 17  3 the pilot charter school.
 17  4    Sec. 25.  EMERGENCY RULES.  The state board of
 17  5 education may adopt emergency rules under section
 17  6 17A.4, subsection 2, and section 17A.5, subsection 2,
 17  7 paragraph "b", to implement this Act and the rules
 17  8 shall be effective immediately upon filing unless a
 17  9 later date is specified in the rules.  Any rules
 17 10 adopted in accordance with this section shall also be
 17 11 published as a notice of intended action as provided
 17 12 in section 17A.4." 
 17 13 
 17 14 
 17 15                               
 17 16 NANCY BOETTGER
 17 17 ELAINE SZYMONIAK
 17 18 SF 2318.303 78
 17 19 kh/cf
     

Text: S05140                            Text: S05142
Text: S05100 - S05199                   Text: S Index
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