Text: S05258 Text: S05260 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 348, 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 "Section 1. NEW SECTION. 256F.1 AUTHORIZATION
1 6 AND PURPOSE.
1 7 1. Charter schools shall be part of the state's
1 8 program of public education.
1 9 2. A charter school may be established by creating
1 10 a new school within an existing public school or
1 11 converting an existing public school to charter
1 12 status.
1 13 3. The purpose of a charter school established
1 14 pursuant to this chapter shall be to accomplish the
1 15 following:
1 16 a. Improve student learning.
1 17 b. Increase learning opportunities for students.
1 18 c. Encourage the use of different and innovative
1 19 methods of teaching.
1 20 d. Require the measurement of learning outcomes
1 21 and create different and innovative forms of measuring
1 22 outcomes.
1 23 e. Establish new forms of accountability for
1 24 schools.
1 25 f. Create new professional opportunities for
1 26 teachers and other educators, including the
1 27 opportunity to be responsible for the learning program
1 28 at the school site.
1 29 Sec. 2. NEW SECTION. 256F.2 DEFINITIONS.
1 30 1. "Advisory council" means a council appointed by
1 31 the school board of directors of a charter school
1 32 pursuant to section 256F.5, subsection 4.
1 33 2. "Attendance center" means a public school
1 34 building that contains classrooms used for
1 35 instructional purposes for elementary, middle, or
1 36 secondary school students.
1 37 3. "Charter school" means a state public charter
1 38 school operated as a pilot program.
1 39 4. "Department" means the department of education.
1 40 4A. "Pilot program" means a pilot program created
1 41 under this chapter that creates a new school within an
1 42 existing public school or converts an existing public
1 43 school to charter status in accordance with this
1 44 chapter.
1 45 5. "School board" means a board of directors
1 46 regularly elected by the registered voters of a school
1 47 district.
1 48 6. "State board" means the state board of
1 49 education.
1 50 Sec. 3. NEW SECTION. 256F.3 PILOT PROGRAM –
2 1 APPLICATION.
2 2 1. Commencing with the school year beginning July
2 3 1, 2002, the state board of education shall initiate a
2 4 pilot program to test the effectiveness of charter
2 5 schools.
2 6 2. To receive approval to establish a charter
2 7 school in accordance with this chapter, the principal,
2 8 teachers, or parents or guardians of students at an
2 9 existing public school shall submit an application to
2 10 the school board to convert an existing attendance
2 11 center to a charter school. An attendance center
2 12 shall not enter into a charter school contract with a
2 13 school district under this chapter unless the
2 14 attendance center is located within the school
2 15 district. The application shall demonstrate the
2 16 support of at least fifty percent of the teachers
2 17 employed at the school on the date of the submission
2 18 of the application and fifty percent of the parents or
2 19 guardians voting whose children are enrolled at the
2 20 school, provided that a majority of the parents or
2 21 guardians eligible to vote participate in the ballot
2 22 process, according to procedures established by rules
2 23 of the state board. A parent or guardian voting in
2 24 accordance with this subsection must be a resident of
2 25 this state.
2 26 3. A school board shall receive and review all
2 27 applications for converting an existing building or
2 28 creating a new building for a charter school.
2 29 Applications received on or before October 1 of a
2 30 calendar year shall be considered for charter schools
2 31 to be established at the beginning of the school
2 32 district's next school year or at a time agreed to by
2 33 the applicant and the school board. However, a school
2 34 board may receive and consider applications after
2 35 October 1 at its discretion.
2 36 4. A school board shall by a majority vote approve
2 37 or deny an application no later than sixty calendar
2 38 days after the application is received. An
2 39 application approved by a school board and
2 40 subsequently approved by the state board pursuant to
2 41 subsection 6 shall constitute, at a minimum, an
2 42 agreement between the school board and the charter
2 43 school for the operation of the charter school. A
2 44 school board that denies an application for a
2 45 conversion to a charter school shall provide notice of
2 46 denial to the applicant in writing within thirty days
2 47 after board action. The notice shall specify the
2 48 exact reasons for denial and provide documentation
2 49 supporting those reasons.
2 50 5. An applicant may appeal school board denial of
3 1 the applicant's charter school application to the
3 2 state board in accordance with the procedures set
3 3 forth in chapter 290. The state board shall affirm,
3 4 modify, or reverse the school board's decision on the
3 5 basis of the information provided in the application
3 6 indicating the ability and willingness of the proposed
3 7 charter school to meet the requirements of section
3 8 256F.1, subsection 3, and section 256F.4.
3 9 6. Upon approval of an application for the
3 10 proposed establishment of a charter school, the school
3 11 board shall submit an application for approval to
3 12 establish the charter school to the state board in
3 13 accordance with section 256F.5. The application shall
3 14 set forth the manner in which the charter school will
3 15 provide special instruction, in accordance with
3 16 section 280.4, to students who are limited English
3 17 proficient. The application shall set forth the
3 18 manner in which the charter school will comply with
3 19 federal and state laws and regulations relating to the
3 20 federal National School Lunch Act and the federal
3 21 Child Nutrition Act of 1966, 42 U.S.C. } 1751-1785,
3 22 and chapter 283A. The state board shall approve only
3 23 those applications that meet the requirements
3 24 specified in section 256F.1, subsection 3, and
3 25 sections 256F.4 and 256F.5. The state board may deny
3 26 an application if the state board deems that approval
3 27 of the application is not in the best interest of the
3 28 affected students. The state board shall approve not
3 29 more than ten charter school applications. The state
3 30 board shall approve not more than one charter school
3 31 application per school district. However, if the
3 32 state board receives ten or fewer applications as of
3 33 June 30, 2003, and two or more of the applications
3 34 received by the state board by that date are submitted
3 35 by one school district, the state board may approve
3 36 any or all of the applications submitted by the school
3 37 district. The state board shall adopt rules in
3 38 accordance with chapter 17A for the implementation of
3 39 this chapter.
3 40 7. If federal rules or regulations relating to the
3 41 distribution or utilization of federal funds allocated
3 42 to the department pursuant to this section are adopted
3 43 that are inconsistent with the provisions of this
3 44 chapter, the state board shall adopt rules to comply
3 45 with the requirements of the federal rules or
3 46 regulations. The state board shall identify
3 47 inconsistencies between federal and state rules and
3 48 regulations as provided in this subsection and shall
3 49 submit recommendations for legislative action to the
3 50 chairpersons and ranking members of the senate and
4 1 house standing committees on education at the next
4 2 meeting of the general assembly.
4 3 Sec. 4. NEW SECTION. 256F.4 GENERAL OPERATING
4 4 REQUIREMENTS.
4 5 1. Within fifteen days after approval of a charter
4 6 school application submitted in accordance with
4 7 section 256F.3, subsection 2, a school board shall
4 8 report to the department the name of the charter
4 9 school applicant entry, the proposed charter school
4 10 location, and its projected enrollment.
4 11 2. Although a charter school may elect to comply
4 12 with one or more provisions of statute or
4 13 administrative rule, a charter school is exempt from
4 14 all statutes and rules applicable to a school, a
4 15 school board, or a school district, except that the
4 16 charter school shall do all of the following:
4 17 a. Meet all applicable federal, state, and local
4 18 health and safety requirements and laws prohibiting
4 19 discrimination on the basis of race, creed, color,
4 20 sex, national origin, religion, ancestry, or
4 21 disability. A charter school shall be subject to any
4 22 court-ordered desegregation plan in effect for the
4 23 school district at the time the school's charter
4 24 application is approved.
4 25 b. Operate as a nonsectarian, nonreligious public
4 26 school.
4 27 c. Be free of tuition and application fees to Iowa
4 28 resident students between the ages of five and twenty-
4 29 one years.
4 30 d. Be subject to and comply with chapters 216 and
4 31 216A relating to civil and human rights.
4 32 e. Provide special education services in
4 33 accordance with chapter 256B.
4 34 f. Be subject to the same financial audits, audit
4 35 procedures, and audit requirements as a school
4 36 district. The audit shall be consistent with the
4 37 requirements of sections 11.6, 11.14, 11.19, 256.9,
4 38 subsection 19, and section 279.29, except to the
4 39 extent deviations are necessary because of the program
4 40 at the school. The department, the auditor of state,
4 41 or the legislative fiscal bureau may conduct
4 42 financial, program, or compliance audits.
4 43 g. Be subject to and comply with chapter 284
4 44 relating to the student achievement and teacher
4 45 quality program. A charter school that complies with
4 46 chapter 284 shall receive state moneys or be eligible
4 47 to receive state moneys as provided in chapter 284 as
4 48 if it did not operate under a charter.
4 49 h. Be subject to and comply with chapters 20 and
4 50 279 relating to contracts with and discharge of
5 1 teachers and administrators.
5 2 i. Be subject to and comply with the provisions of
5 3 chapter 285 relating to the transportation of
5 4 students.
5 5 j. Meetings of the advisory council are subject to
5 6 the provisions of chapters 21 and 22.
5 7 3. A charter school shall not discriminate in its
5 8 student admissions policies or practices on the basis
5 9 of intellectual or athletic ability, measures of
5 10 achievement or aptitude, or status as a person with a
5 11 disability. However, a charter school may limit
5 12 admission to students who are within a particular
5 13 range of age or grade level or on any other basis that
5 14 would be legal if initiated by a school district.
5 15 Enrollment priority shall be given to the siblings of
5 16 students enrolled in a charter school.
5 17 4. A charter school shall enroll an eligible
5 18 resident student who submits a timely application
5 19 unless the number of applications exceeds the capacity
5 20 of a program, class, grade level, or building. In
5 21 this case, students must be accepted by lot. A
5 22 charter school may enroll an eligible nonresident
5 23 student who submits a timely application in accordance
5 24 with the student admission policy established pursuant
5 25 to section 256F.5, subsection 1. If the charter
5 26 school enrolls an eligible nonresident student, the
5 27 charter school shall notify the school district and
5 28 the sending district not later than March 1 of the
5 29 preceding school year. Transportation for the student
5 30 shall be in accordance with section 282.18, subsection
5 31 10. The sending district shall make payments to the
5 32 charter school in the manner required under section
5 33 282.18, subsection 7.
5 34 5. A charter school shall provide instruction for
5 35 at least the number of days required by section
5 36 279.10, subsection 1, or shall provide at least the
5 37 equivalent number of total hours.
5 38 6. Notwithstanding subsection 2, a charter school
5 39 shall meet the requirements of section 256.7,
5 40 subsection 21.
5 41 7. A charter school shall be considered a part of
5 42 the school district in which it is located for
5 43 purposes of state school foundation aid pursuant to
5 44 chapter 257.
5 45 8. A charter school may enter into contracts in
5 46 accordance with chapter 73A.
5 47 Sec. 5. NEW SECTION. 256F.5 APPLICATION –
5 48 DEFINITION.
5 49 An application to the state board for the approval
5 50 of a charter school shall include, but shall not be
6 1 limited to, a description of the following:
6 2 1. The method for admission to the charter school.
6 3 2. The mission, purpose, innovation, and
6 4 specialized focus of the charter school.
6 5 3. Performance goals and objectives in addition to
6 6 those required under section 256.7, subsection 21, by
6 7 which the school's student achievement shall be
6 8 judged, the measures to be used to assess progress,
6 9 and the current baseline status with respect to the
6 10 goals.
6 11 4. The method for appointing or forming an
6 12 advisory council for the charter school. The
6 13 membership of an advisory council appointed or formed
6 14 in accordance with this chapter shall not include more
6 15 than one member of the school board.
6 16 5. Procedures for teacher evaluation and
6 17 professional development for teachers and
6 18 administrators.
6 19 6. The charter school governance and bylaws.
6 20 7. The financial plan for the operation of the
6 21 school including, at a minimum, a listing of the
6 22 support services the school district will provide, and
6 23 the charter school's revenues, budgets, and
6 24 expenditures.
6 25 8. The educational program and curriculum,
6 26 instructional methodology, and services to be offered
6 27 to students.
6 28 9. The number and qualifications of teachers and
6 29 administrators to be employed.
6 30 10. The organization of the school in terms of
6 31 ages of students or grades to be taught along with an
6 32 estimate of the total enrollment of the school.
6 33 11. The provision of school facilities.
6 34 12. A statement indicating how the charter school
6 35 will meet the requirements of section 256F.1,
6 36 subsection 3; section 256F.4, subsection 2, paragraph
6 37 "a"; and section 256F.4, subsection 3.
6 38 13. Assurance of the assumption of liability by
6 39 the charter school.
6 40 14. The types and amounts of insurance coverage to
6 41 be obtained by the charter school.
6 42 15. A plan of operation to be implemented if the
6 43 charter school revokes or fails to renew its contract.
6 44 16. The means, costs, and plan for providing
6 45 transportation for students attending the charter
6 46 school.
6 47 17. The specific statutes, administrative rules,
6 48 and school board policies with which the charter
6 49 school does not intend to comply.
6 50 Sec. 6. NEW SECTION. 256F.6 CONTRACT.
7 1 1. An approved charter school application shall
7 2 constitute an agreement, the terms of which shall, at
7 3 a minimum, be the terms of a four-year enforceable,
7 4 renewable contract between the school board and the
7 5 state board. The contract shall include an operating
7 6 agreement for the operation of the charter school.
7 7 The terms of the contract may be revised at any time
7 8 with the approval of both the state board and the
7 9 school board, whether or not the stated provisions of
7 10 the contract are being fulfilled. The charter school
7 11 shall provide parents and guardians of students
7 12 enrolled in the charter school with a copy of the
7 13 charter school application approved pursuant to
7 14 section 256F.5.
7 15 2. The contract shall outline the reasons for
7 16 revocation or nonrenewal of the charter.
7 17 3. The state board of education shall provide by
7 18 rule for the ongoing review of a school board's
7 19 compliance with a contract entered into in accordance
7 20 with this chapter.
7 21 Sec. 7. NEW SECTION. 256F.7 EMPLOYMENT AND
7 22 RELATED MATTERS.
7 23 1. A charter school shall employ or contract with
7 24 necessary teachers and administrators, as defined in
7 25 section 272.1, who hold a valid license with an
7 26 endorsement for the type of service for which the
7 27 teacher or administrator is employed.
7 28 2. The school board, in consultation with the
7 29 advisory council, shall decide matters related to the
7 30 operation of the school, including budgeting,
7 31 curriculum, and operating procedures.
7 32 3. Employees of a charter school shall be
7 33 considered employees of the school district.
7 34 Sec. 8. NEW SECTION. 256F.8 PROCEDURES FOR
7 35 REVOCATION OR NONRENEWAL OF CONTRACT.
7 36 1. A contract for the establishment of a charter
7 37 school may be revoked by the state board or the school
7 38 board that established the charter school if the
7 39 appropriate board determines that one or more of the
7 40 following occurred:
7 41 a. Failure of the charter school to abide by and
7 42 meet the provisions set forth in the contract,
7 43 including educational goals.
7 44 b. Failure of the charter school to comply with
7 45 all applicable law.
7 46 c. Failure of the charter school to meet generally
7 47 accepted public sector accounting principles.
7 48 d. The existence of one or more other grounds for
7 49 revocation as specified in the contract.
7 50 2. The decision by a school board to revoke or to
8 1 fail to take action to renew a charter school contract
8 2 is subject to appeal under procedures set forth in
8 3 chapter 290.
8 4 3. A school board considering revocation or
8 5 nonrenewal of a charter school contract shall notify
8 6 the advisory council, the parents or guardians of the
8 7 students enrolled in the charter school, and the
8 8 teachers and administrators employed by the charter
8 9 school, sixty days prior to revoking or the date by
8 10 which the contract must be renewed, but not later than
8 11 the last day of classes in the school year.
8 12 4. If the state board determines that a charter
8 13 school is in substantial violation of the terms of the
8 14 contract, the state board shall notify the school
8 15 board and the advisory council of its intention to
8 16 revoke the contract at least sixty days prior to
8 17 revoking a contract and the school board shall assume
8 18 oversight authority, operational authority, or both
8 19 oversight and operational authority. The notice shall
8 20 state the grounds for the proposed action in writing
8 21 and in reasonable detail. The school board may
8 22 request in writing an informal hearing before the
8 23 state board within fourteen days of receiving notice
8 24 of revocation of the contract. Upon receiving a
8 25 timely written request for a hearing, the state board
8 26 shall give reasonable notice to the school board of
8 27 the hearing date. The state board shall conduct an
8 28 informal hearing before taking final action. Final
8 29 action to revoke a contract shall be taken in a manner
8 30 least disruptive to students enrolled in the charter
8 31 school. The state board shall take final action to
8 32 revoke or approve continuation of a contract by the
8 33 last day of classes in the school year. If the final
8 34 action to revoke a contract under this section occurs
8 35 prior to the last day of classes in the school year, a
8 36 charter school student may enroll in the resident
8 37 district.
8 38 5. The decision of the state board to revoke a
8 39 contract under this section is solely within the
8 40 discretion of the state board and is final.
8 41 6. A school board revoking a contract or a school
8 42 board or advisory council that fails to renew a
8 43 contract under this chapter is not liable for that
8 44 action to the charter school, a student enrolled in
8 45 the charter school or the student's parent or
8 46 guardian, or any other person.
8 47 7. In the case of a revocation or a nonrenewal of
8 48 the charter, the school board is exempt from the state
8 49 board's "Barker guidelines", as provided in 1 D.P.I.
8 50 App. Dec. 145 (1977).
9 1 Sec. 9. NEW SECTION. 256F.9 PROCEDURES AFTER
9 2 REVOCATION – STUDENT ENROLLMENT.
9 3 If a charter school contract is revoked in
9 4 accordance with this chapter, a nonresident student
9 5 who attended the school, and any siblings of the
9 6 student, shall be determined to have shown good cause
9 7 as provided in section 282.18, subsection 16, and may
9 8 submit an application to another school district
9 9 according to section 282.18 at any time. Applications
9 10 and notices required by section 282.18 shall be
9 11 processed and provided in a prompt manner. The
9 12 application and notice deadlines in section 282.18 do
9 13 not apply to a nonresident student application under
9 14 these circumstances.
9 15 Sec. 10. NEW SECTION. 256F.10 REPORTS.
9 16 1. A charter school shall report at least annually
9 17 to the school board, advisory council, and the state
9 18 board the information required by the school board,
9 19 advisory council, or the state board. The reports are
9 20 public records subject to chapter 22.
9 21 2. Not later than December 1, 2003, and annually
9 22 thereafter, the state board shall submit a
9 23 comprehensive report, with findings and
9 24 recommendations, to the senate and house standing
9 25 committees on education. The report shall evaluate
9 26 the state's charter school programs generally,
9 27 including but not limited to, an evaluation of whether
9 28 the pilot programs are fulfilling the purposes set
9 29 forth in section 256F.4, subsection 2. The report
9 30 also shall contain, for each charter school, a copy of
9 31 the charter school's mission statement, attendance
9 32 statistics and dropout rate, aggregate assessment test
9 33 scores, projections of financial stability, the number
9 34 and qualifications of teachers and administrators, and
9 35 number of and comments on supervisory visits by the
9 36 department of education.
9 37 Sec. 11. NEW SECTION. 256F.11 FUTURE REPEAL.
9 38 This chapter is repealed effective July 1, 2010.
9 39 Sec. 12. Section 257.31, subsection 5, paragraph
9 40 d, is amended to read as follows:
9 41 d. The closing of a nonpublic school, wholly or in
9 42 part, or the opening or closing of a pilot charter
9 43 school.
9 44 Sec. 13. Section 282.18, subsection 16, Code 2001,
9 45 is amended to read as follows:
9 46 16. For purposes of this section, "good cause"
9 47 means a change in a child's residence due to a change
9 48 in family residence, a change in the state in which
9 49 the family residence is located, a change in a child's
9 50 parents' marital status, a guardianship proceeding,
10 1 placement in foster care, adoption, participation in a
10 2 foreign exchange program, or participation in a
10 3 substance abuse or mental health treatment program, or
10 4 a similar set of circumstances consistent with the
10 5 definition of good cause; a change in the status of a
10 6 child's resident district, such as removal of
10 7 accreditation by the state board, surrender of
10 8 accreditation, or permanent closure of a nonpublic
10 9 school, revocation of a charter school contract as
10 10 provided in section 256F.8, the failure of
10 11 negotiations for a whole-grade sharing,
10 12 reorganization, dissolution agreement or the rejection
10 13 of a current whole-grade sharing agreement, or
10 14 reorganization plan, or a similar set of circumstances
10 15 consistent with the definition of good cause. If the
10 16 good cause relates to a change in status of a child's
10 17 school district of residence, however, action by a
10 18 parent or guardian must be taken to file the
10 19 notification within forty-five days of the last board
10 20 action or within thirty days of the certification of
10 21 the election, whichever is applicable to the
10 22 circumstances.
10 23 Sec. 14. EXPEDITED APPLICATION PROCEDURE. The
10 24 state board of education shall develop an expedited
10 25 charter school application procedure for the fiscal
10 26 year beginning July 1, 2003, for purposes of receiving
10 27 federal planning funds issued pursuant to the federal
10 28 Elementary and Secondary Education Act of 1965, Title
10 29 X, Part C, as codified in 20 U.S.C. }} 8061-8067.
10 30 Sec. 15. EMERGENCY RULES. The state board of
10 31 education may adopt emergency rules under section
10 32 17A.4, subsection 2, and section 17A.5, subsection 2,
10 33 paragraph "b", to implement this Act and the rules
10 34 shall be effective immediately upon filing unless a
10 35 later date is specified in the rules. Any rules
10 36 adopted in accordance with this section shall also be
10 37 published as a notice of intended action as provided
10 38 in section 17A.4.
10 39 Sec. 16. CONDITIONAL EFFECTIVENESS. This Act
10 40 takes effect upon the department of education's
10 41 receipt of federal funds that are provided to the
10 42 department under Pub. L. No. 107-110, cited as the
10 43 federal No Child Left Behind Act of 2001 (Title V,
10 44 Part B), for purposes of providing financial
10 45 assistance for the planning, program design, and
10 46 initial implementation of public charter schools. The
10 47 department of education shall notify the Code editor
10 48 upon receipt of such federal funds."
10 49 SF 348H
10 50 kh/es/25
Text: S05258 Text: S05260 Text: S05200 - S05299 Text: S Index Bills and Amendments: General Index Bill History: General Index
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