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PAG LIN
1 1 DIVISION I
1 2 PILOT CHARTER SCHOOL PROGRAM
1 3 Section 1. NEW SECTION. 256F.1 FINDINGS AND INTENT.
1 4 The general assembly finds that the restrictions and
1 5 requirements of state laws and regulations often prevent
1 6 public schools and school districts from achieving effective
1 7 education reform. To determine whether allowing public
1 8 schools or school districts to operate under a charter can
1 9 help a school or district more effectively achieve the goal of
1 10 education reform, the general assembly finds that a pilot
1 11 program should be enacted allowing public schools and school
1 12 districts to specify their own duties, responsibilities, and
1 13 operations. To assist public schools and school districts in
1 14 meeting their student achievement and education reform goals,
1 15 the general assembly finds that two charter school models are
1 16 necessary, both of which shall be publicly authorized and
1 17 publicly funded:
1 18 1. The state public charter school model.
1 19 2. The local public charter school model.
1 20 Sec. 2. NEW SECTION. 256F.2 PILOT PROGRAM –
1 21 DEFINITIONS.
1 22 1. Commencing with the school year beginning July 1, 2002,
1 23 the state board of education shall initiate a pilot program to
1 24 test the effectiveness of charter schools. The purpose of the
1 25 pilot charter school program is to encourage public schools
1 26 and school districts to determine creative ways to achieve the
1 27 educational outcomes that meet the needs of all children to be
1 28 successful. Under the program, the state board may approve as
1 29 pilot programs not more than five state public charter school
1 30 programs and not more than five local public charter school
1 31 programs, unless the state board receives fewer applications
1 32 than the maximum for either model, in which case, effective
1 33 July 1, 2004, the state board may approve the applications for
1 34 either model until it reaches a total of ten pilot programs.
1 35 A school district approved as a pilot program for a state
2 1 public charter school shall be counted as one program under
2 2 this section. The state board shall approve only those
2 3 applications that meet the qualifications specified in section
2 4 256F.3 or 256F.22, as applicable, in accordance with this
2 5 chapter. To receive approval to establish a pilot charter
2 6 school, the board of directors of a school district shall
2 7 submit an application to the state board in accordance with
2 8 section 256F.3 or 256F.22, as applicable, in accordance with
2 9 this chapter. The state board shall adopt rules in accordance
2 10 with chapter 17A for the implementation of this chapter. When
2 11 considering applications, state board approval shall be based
2 12 on whether the applications meet the following criteria, in
2 13 order of priority:
2 14 a. Meets all of the qualifications specified in section
2 15 256F.3 or section 256F.22, as applicable.
2 16 b. Ensures geographical distribution of pilot programs
2 17 across the state.
2 18 c. Ensures distribution to small, medium, and large school
2 19 districts.
2 20 d. That no other pilot charter school program of its type
2 21 exists within the same school district.
2 22 2. The approval by the state board of an application shall
2 23 not be conditioned upon the bargaining unit status of the
2 24 employees of the charter school.
2 25 3. A school board may, by majority vote, submit the
2 26 question of whether to operate the school district as a state
2 27 public charter school to the eligible electors of the school
2 28 district at any regular school election or at a special
2 29 election called specifically for this purpose. The school
2 30 board shall submit an application to the state board for
2 31 approval of the state public charter school as a pilot program
2 32 only if a majority of the eligible electors voting in an
2 33 election called pursuant to this subsection vote in favor of
2 34 the question.
2 35 4. "Department" means the department of education, for
3 1 purposes of this chapter.
3 2 5. "Pilot charter school", for purposes of this division,
3 3 means a state public or local public charter school operated
3 4 as a pilot program, as indicated by the context.
3 5 6. "Pilot charter school district" means a school district
3 6 operating under a contract with the state board in accordance
3 7 with this chapter.
3 8 7. "State board" means the state board of education, for
3 9 purposes of this chapter.
3 10 Sec. 3. NEW SECTION. 256F.3 GENERAL OPERATING
3 11 REQUIREMENTS.
3 12 1. Any pilot charter school that is approved to operate
3 13 shall operate under the provisions of its contract and shall
3 14 be subject to the following:
3 15 a. Shall meet all applicable federal, state, and local
3 16 health and safety requirements and laws prohibiting
3 17 discrimination on the basis of race, creed, color, sex,
3 18 national origin, religion, ancestry, or disability. A charter
3 19 school shall be subject to any court-ordered desegregation
3 20 plan in effect for the school district at the time the
3 21 school's charter application is approved.
3 22 b. Shall operate as a nonsectarian, nonreligious public
3 23 school.
3 24 c. Shall be free of tuition and application fees to Iowa
3 25 resident students between the ages of five and twenty-one
3 26 years.
3 27 d. Shall be subject to and shall comply with chapters 216
3 28 and 216A relating to civil and human rights.
3 29 e. Shall be considered a school district for purposes of
3 30 tort liability under chapter 670.
3 31 f. Shall not be used as a method of providing education or
3 32 generating revenue for students receiving competent private
3 33 instruction pursuant to chapter 299A.
3 34 g. Shall receive state moneys or be eligible to receive
3 35 state moneys as provided in chapters 256D, 256E, 257, 285, and
4 1 294A, as if it did not operate under a charter. A pilot
4 2 charter school district may levy taxes and issue bonds as
4 3 provided in chapters 73A, 75, 76, 257, 279, 296, and 298, as
4 4 if it did not operate under a charter. The enrollment of the
4 5 pilot charter school shall be included in the actual
4 6 enrollment of the school district in which the pilot charter
4 7 school is located except as provided in paragraph "h".
4 8 h. Shall operate within the same geographic boundaries
4 9 that existed prior to its becoming a pilot charter school or
4 10 district. The enrollment of the pilot charter school or
4 11 district shall be calculated and submitted as provided in
4 12 chapter 257 as if it did not operate under a charter.
4 13 i. Shall provide special education services in accordance
4 14 with chapter 256B. However, the school district of residence
4 15 shall be responsible for the difference between the state
4 16 moneys received pursuant to the weighting plan under section
4 17 256B.9, and the pilot charter school's extraordinary costs of
4 18 instruction of children requiring special education.
4 19 j. Shall not discriminate in its student admissions
4 20 policies or practices on the basis of intellectual or athletic
4 21 ability, measures of achievement or aptitude, status as a
4 22 person with a disability, or any other basis that would be
4 23 illegal if practiced by a school district. However, a pilot
4 24 charter school may limit admission to students who are within
4 25 a particular range of age or grade level or on any other basis
4 26 that would be legal if initiated by a school district.
4 27 Enrollment priority shall be given to the siblings of students
4 28 enrolled in a pilot charter school.
4 29 2. A pilot charter school shall enroll an eligible student
4 30 who submits a timely application, unless the number of
4 31 applications exceeds the capacity of a program, class, grade
4 32 level, or building. In this case, students must be accepted
4 33 by lot. A pilot charter school shall be subject to section
4 34 282.18 as if it did not operate under a charter, except as
4 35 provided in this chapter.
5 1 3. A pilot charter school is a public school and is part
5 2 of the state's system of public education. Except as provided
5 3 in this chapter, a pilot charter school is exempt from all
5 4 statutes and rules applicable to a school, a school board, or
5 5 a district, although it may elect to comply with one or more
5 6 provisions of statute or administrative rule.
5 7 4. The state board and a pilot charter school may freely
5 8 negotiate which state statutes and administrative rules apply
5 9 to the pilot charter school.
5 10 5. A bargaining unit formed by employees of a pilot
5 11 charter school shall be separate from a school district
5 12 bargaining unit, unless the entire school district is approved
5 13 as a pilot charter school.
5 14 6. A pilot charter school shall provide instruction for at
5 15 least the number of days required by section 279.10,
5 16 subsection 1, unless the school provides instruction
5 17 throughout the year according to section 256.20 or section
5 18 279.10, subsection 3.
5 19 Sec. 4. NEW SECTION. 256F.4 CONTRACT.
5 20 1. An approved pilot charter school application shall
5 21 constitute an agreement, the terms of which shall be the terms
5 22 of a four-year renewable contract between the pilot charter
5 23 school or pilot charter school district and the state board
5 24 under division II, and between the pilot charter school and
5 25 the local school district under division III. The contract
5 26 shall reflect all agreements regarding the operation of the
5 27 pilot charter school. The terms of the contract may be
5 28 revised at any time, with the approval of the state board and
5 29 the pilot charter school under division II, or with the
5 30 approval of the pilot charter school and the school district
5 31 under division III, whether or not the stated provisions of
5 32 the contract are being fulfilled.
5 33 2. The state board of education shall provide by rule for
5 34 the ongoing review of a pilot charter school's compliance with
5 35 a contract entered into in accordance with this chapter. The
6 1 department shall visit a pilot charter school district at
6 2 least once annually to determine the status and progress
6 3 toward the goals of its contract.
6 4 Sec. 5. NEW SECTION. 256F.5 INSTRUCTIONAL AND
6 5 NONINSTRUCTIONAL STAFF.
6 6 1. Employees of a pilot charter school may, if otherwise
6 7 eligible, organize under chapter 20 and comply with its
6 8 provisions as if it did not operate under a charter.
6 9 2. Practitioners employed by pilot charter schools shall
6 10 be licensed in accordance with chapter 272 except as follows:
6 11 a. Up to fifteen percent of the teachers employed by pilot
6 12 charter schools shall not be required to be licensed under
6 13 chapter 272.
6 14 b. A person may be employed as an administrator if the
6 15 person is pursuing a course of study leading to the completion
6 16 of all requirements for licensure as an administrator.
6 17 3. Practitioners employed in a pilot charter school shall
6 18 be public school employees for purposes of chapter 97B.
6 19 Sec. 6. NEW SECTION. 256F.6 PROCEDURES AFTER REVOCATION
6 20 – STUDENT ENROLLMENT.
6 21 1. If the contract for a pilot charter school district is
6 22 revoked under section 256F.13, the state board shall merge the
6 23 territory of the school district with one or more contiguous
6 24 school districts at the end of the school year. Division of
6 25 assets and liabilities of the school district shall be as
6 26 provided in sections 275.29 through 275.31. Until the merger
6 27 is completed, and subject to a decision by the state board of
6 28 education, the pilot charter school district shall pay tuition
6 29 for its resident students to an accredited school district
6 30 under section 282.24. However, in lieu of merger and payment
6 31 of tuition by a pilot charter school district, the state board
6 32 may place the district under receivership for the remainder of
6 33 the school year or until the district meets the accreditation
6 34 requirements of section 256.11 or the terms of the contract
6 35 entered into pursuant to section 256F.4. The receivership
7 1 shall be under the direct supervision and authority of the
7 2 director of the department of education. The decision of
7 3 whether to merge the school district and require payment of
7 4 tuition for the district's students or to place the district
7 5 under receivership shall be based upon a determination by the
7 6 state board of the best interests of the students, parents,
7 7 residents of the community, teachers, administrators, and
7 8 board members of the district and the recommendations of the
7 9 director of the department of education. If the state board
7 10 revokes a contract, the revocation shall take effect on the
7 11 date established by the resolution of the state board, which
7 12 shall be no later than the end of the school year in which the
7 13 contract is revoked.
7 14 2. If a pilot charter school contract is revoked in
7 15 accordance with this chapter, a student who attended the
7 16 school, siblings of the student, or another student who
7 17 resides in the same place as the student may enroll in the
7 18 resident district or may submit an application to a
7 19 nonresident district according to section 282.18 at any time.
7 20 Applications and notices required by section 282.18 shall be
7 21 processed and provided in a prompt manner. The application
7 22 and notice deadlines in section 282.18 do not apply under
7 23 these circumstances.
7 24 Sec. 7. NEW SECTION. 256F.7 REPORTS.
7 25 1. Notwithstanding section 256F.3, subsection 3, not later
7 26 than December 1, 2003, and annually thereafter, the state
7 27 board shall submit a comprehensive report, with findings and
7 28 recommendations, to the senate and house standing committees
7 29 on education. The report shall evaluate pilot charter school
7 30 programs generally, including but not limited to, an
7 31 evaluation of whether the pilot programs are fulfilling the
7 32 purposes set forth in section 256F.11, subsection 1, and if
7 33 applicable, section 256F.22. The report also shall contain,
7 34 for each pilot charter school, a copy of the pilot charter
7 35 school's mission statement, attendance statistics and dropout
8 1 rate, aggregate assessment test scores, projections of
8 2 financial stability, and number of and comments on supervisory
8 3 visits by the department of education.
8 4 2. Notwithstanding section 256F.3, subsection 3, a pilot
8 5 charter school shall meet the reporting requirements of
8 6 section 256.7, subsection 21, paragraph "c". The department
8 7 shall disseminate the information submitted by a pilot charter
8 8 school in accordance with this section to all school
8 9 districts.
8 10 DIVISION II
8 11 THE STATE PUBLIC CHARTER SCHOOL MODEL
8 12 Sec. 8. NEW SECTION. 256F.11 APPLICATION – DEFINITION.
8 13 1. An application for the approval of a pilot charter
8 14 school shall include, but shall not be limited to, a
8 15 description of the following:
8 16 a. The method for admission to a pilot charter school or
8 17 schools within a pilot charter school district.
8 18 b. The mission, purpose, innovation, and specialized focus
8 19 of the proposed pilot charter school or schools within a pilot
8 20 charter school district.
8 21 c. An explicit statement of the performance goals and
8 22 objectives, by which the school's student achievement shall be
8 23 judged, proposed by the school board or school district
8 24 attendance center submitting the application to the school
8 25 board, the measures to be used to assess progress, the
8 26 attendance center or the school district's current baseline
8 27 status with respect to the goals, and the time frame for
8 28 accomplishing the goals.
8 29 d. Procedures for teacher evaluation and professional
8 30 development for teachers and administrators.
8 31 e. The school or district governance and bylaws.
8 32 f. The financial plan for the operation of the school or
8 33 district.
8 34 g. The educational program, instructional methodology, and
8 35 services to be offered to students.
9 1 h. The number and qualifications of teachers and
9 2 administrators to be employed.
9 3 i. The organization of the school or schools within the
9 4 pilot charter school district in terms of ages of students or
9 5 grades to be taught along with an estimate of the total
9 6 enrollment of the school or schools within the pilot school
9 7 district.
9 8 j. The provision of school facilities and public
9 9 transportation.
9 10 k. A statement of equal educational opportunity which
9 11 shall state that the pilot charter school or district shall be
9 12 open to all students on a space-available basis, and shall not
9 13 discriminate on the basis of race, color, national origin,
9 14 creed, sex, ethnicity, sexual orientation, mental or physical
9 15 disability, age, ancestry, athletic performance, special need,
9 16 or proficiency in the English language, or academic
9 17 achievement.
9 18 l. Assurance of the assumption of liability by the pilot
9 19 charter school or district.
9 20 m. The types and amounts of insurance coverage to be
9 21 obtained by the pilot charter school or district.
9 22 n. A plan of operation to be implemented if the state
9 23 public charter school revokes or fails to renew its contract.
9 24 2. If an attendance center located within a district
9 25 submits an application to a school district, the board of
9 26 directors of the school district shall notify the applicant of
9 27 its decision to deny or approve the application within ninety
9 28 days of receiving the application. If the board denies the
9 29 application, or fails to notify the person of its decision in
9 30 a timely manner, the applicant may apply to the state board.
9 31 If the state board approves the application, the state board
9 32 shall notify the board of directors of the school district in
9 33 which the attendance center is located, and the school board
9 34 shall become the authorizing body for the pilot charter
9 35 school, shall issue a contract with the pilot charter school,
10 1 and shall otherwise comply with the provisions of the chapter.
10 2 The decision of the state board is final and is not subject to
10 3 review by a court or any other state agency.
10 4 3. A school district seeking approval for a pilot charter
10 5 school shall also submit with the application evidence of
10 6 broad-based support among parents, teachers, and pupils within
10 7 the school district for the formation of a pilot charter
10 8 school by way of a petition, public opinion survey, or other
10 9 similar, reliable indicator of public opinion.
10 10 4. For purposes of this division, "pilot charter school"
10 11 means a state public charter school operated as a pilot
10 12 program, unless the context indicates otherwise. "Attendance
10 13 center", means a public school building that houses
10 14 elementary, middle, or secondary school students. An
10 15 attendance center shall not enter into a charter school
10 16 contract with a school district under this division unless the
10 17 attendance center is located within the school district.
10 18 Sec. 9. NEW SECTION. 256F.12 ADDITIONAL PROVISIONS
10 19 REGARDING STATE PUBLIC PILOT CHARTER SCHOOLS.
10 20 1. A school district receiving approval to become a pilot
10 21 charter school district or to establish a pilot charter school
10 22 under division I and this division shall do the following:
10 23 a. Contract for an annual financial audit by a certified
10 24 public accountant in accordance with generally accepted
10 25 accounting principles. The audit shall examine the validity
10 26 and integrity of data reported to the state for state school
10 27 foundation aid purposes and internal controls of the charter
10 28 school or district. Notwithstanding any provision to the
10 29 contrary, a pilot charter school or district may, but shall
10 30 not be required to, conform to uniform state financial
10 31 accounting and reporting standards and processes, laws, and
10 32 regulations governing school districts.
10 33 b. Operate within the geographical boundaries of the
10 34 school district approved to establish the pilot charter
10 35 school.
11 1 c. Be accountable to the state board for purposes of
11 2 ensuring compliance with the charter provisions.
11 3 2. A pilot charter school or a pilot charter school
11 4 district shall be liable for timely payment on its bonded
11 5 indebtedness and subject to the same bonded indebtedness
11 6 limitations as if it did not operate under a charter.
11 7 3. A pilot charter school and a pilot charter school
11 8 district shall be accountable to the state board for purposes
11 9 of ensuring compliance with the charter provisions.
11 10 Sec. 10. NEW SECTION. 256F.13 REVOCATION OF CONTRACT.
11 11 1. A contract for the establishment of a state public
11 12 pilot charter school or district issued under this division
11 13 may be revoked either by the state board in the case of a
11 14 school or district, or, in the case of a school only, the
11 15 school board that established the pilot charter school if the
11 16 appropriate board determines that one or more of the following
11 17 occurred:
11 18 a. Failure of the pilot charter school or district to
11 19 abide by and meet the educational goals set forth in the
11 20 contract.
11 21 b. Failure of the pilot charter school or district to
11 22 comply with all applicable law.
11 23 c. Failure of the pilot charter school or district to meet
11 24 generally accepted public sector accounting principles.
11 25 d. The existence of one or more other grounds for
11 26 revocation as specified in the contract.
11 27 2. If the state board decides to consider a proposal to
11 28 revoke a contract in accordance with this section, the state
11 29 board shall notify the school district of the proposed action
11 30 at least sixty days prior to revoking a contract. If the
11 31 school district decides to consider a proposal to revoke a
11 32 contract, it shall notify the state board of the proposed
11 33 action at least sixty days prior to revoking the contract.
11 34 The notice shall state the grounds for the proposed action in
11 35 writing and in reasonable detail. If the state board is
12 1 initiating the action, the school district may request in
12 2 writing an informal hearing before the state board within
12 3 fourteen days of receiving notice of revocation of the
12 4 contract. Upon receiving a timely written request for a
12 5 hearing, the state board shall give reasonable notice to the
12 6 school board of the hearing date. The state board shall
12 7 conduct an informal hearing before taking final action. The
12 8 school board shall take final action to revoke or approve
12 9 continuation of a contract by the last day of classes in the
12 10 school year. If the final action to revoke a contract under
12 11 this section occurs prior to the last day of classes in the
12 12 school year, a pilot charter school student may enroll in the
12 13 resident district or another district as provided in section
12 14 256F.6, subsection 2.
12 15 3. The decision of the state board or the school board to
12 16 revoke a contract under this section is solely within the
12 17 discretion of the state board or the school board, is final,
12 18 and is not subject to review by a court or any other state
12 19 agency. A board revoking a contract under this section is not
12 20 liable for that action to the pilot charter school, a student
12 21 enrolled in the pilot charter school or the student's parent
12 22 or guardian, or any other person.
12 23 DIVISION III
12 24 THE LOCAL PUBLIC CHARTER SCHOOL MODEL
12 25 Sec. 11. NEW SECTION. 256F.21 LOCAL PUBLIC PILOT CHARTER
12 26 SCHOOL – AUTHORIZING AGENT.
12 27 1. The board of directors of a school district may become
12 28 the authorizing agent for a pilot charter school if the board
12 29 submits a copy of the contract established between the board
12 30 and the proposed local operators of the proposed pilot charter
12 31 school to the state board. However, the local operators shall
12 32 have final authority over the content contained in the
12 33 application. The state board shall approve or deny the
12 34 establishment of a pilot charter school in accordance with
12 35 this division only on the basis of whether the proposed pilot
13 1 charter school contract and location meets the requirements
13 2 set forth section 256F.2, subsection 1.
13 3 2. "Authorizing agent" means the board of directors of a
13 4 school district.
13 5 3. "Pilot charter school", for purposes of this division,
13 6 means a local public charter school operated as a pilot
13 7 program, except as provided in section 256F.22, subsection 2,
13 8 and unless the context indicates otherwise.
13 9 Sec. 12. NEW SECTION. 256F.22 CONTRACT TO ORGANIZE.
13 10 1. To obtain a contract to organize and operate a pilot
13 11 charter school in accordance with this division, a person may
13 12 apply to an authorizing agent. The application shall include
13 13 all of the information described in section 256F.11,
13 14 subsection 1, and all of the following information:
13 15 a. Identification of the applicant for the contract.
13 16 b. Subject to the resolution adopted by the authorizing
13 17 body under section 256F.24, subsection 2, a list of the
13 18 proposed members of the board of directors of the pilot
13 19 charter school and a description of the qualifications and
13 20 method for appointment or election of members of the pilot
13 21 charter school board of directors.
13 22 c. The proposed articles of incorporation, which shall
13 23 include at least all of the following:
13 24 (1) The name of the proposed pilot charter school.
13 25 (2) The mission, purpose, and specialized focus of the
13 26 proposed pilot charter school. This language shall provide
13 27 that the pilot charter school is incorporated pursuant to this
13 28 section and that the pilot charter school is a governmental
13 29 entity.
13 30 (3) The name of the authorizing body.
13 31 (4) The proposed time when the articles of incorporation
13 32 will be effective.
13 33 (5) Other matters considered expedient to be in the
13 34 articles of incorporation.
13 35 (6) The composition of the pilot charter school board.
14 1 d. Documentation meeting the application requirements of
14 2 the authorizing body, including at least all of the following:
14 3 (1) A copy of curricula to be offered by the pilot charter
14 4 school. To the extent applicable, the progress of the
14 5 students in the pilot charter school shall be reflected in the
14 6 report filed with the state board in accordance with section
14 7 256F.7.
14 8 (2) A description of how the applicant will provide to the
14 9 general public adequate notice that a pilot charter school is
14 10 being created and adequate information on the admission
14 11 policy, criteria, and process.
14 12 e. Descriptions of staff responsibilities.
14 13 f. Identification of where the pilot charter school will
14 14 be located, which shall be within the boundaries of the school
14 15 district acting as the authorizing body, including a
14 16 description of and the address for the proposed physical plant
14 17 in which the pilot charter school will be located. A pilot
14 18 charter school may be located in all or part of an existing
14 19 public school building. A pilot charter school shall not
14 20 operate at a site other than the single site requested for the
14 21 configuration of grades that will use the site, as specified
14 22 in its application.
14 23 g. An agreement that the pilot charter school will comply
14 24 with the provisions of this division and, subject to the
14 25 provisions of this chapter, with all other state and federal
14 26 law applicable to school districts.
14 27 2. Within ninety days of receiving an application made in
14 28 accordance with subsection 1, the board of directors of the
14 29 school district shall notify the applicant of its decision to
14 30 deny or approve the application. If the board denies the
14 31 application, or fails to notify the person of its decision in
14 32 a timely manner, the applicant may apply to the state board.
14 33 If the state board approves the application, the state board
14 34 shall notify the board of directors of the school district in
14 35 which the pilot charter school is located, and the school
15 1 board shall become the authorizing body for the pilot charter
15 2 school, shall issue a contract with the pilot charter school,
15 3 and shall otherwise comply with the provisions of the charter.
15 4 The decision of the state board is final and is not subject to
15 5 review by a court or any other state agency.
15 6 3. The authorizing body shall oversee the pilot charter
15 7 school operating under a contract issued by the authorizing
15 8 body. The oversight shall be sufficient to ensure that the
15 9 authorizing body can certify that the pilot charter school is
15 10 in compliance with applicable statute, administrative rules,
15 11 and the terms of the contract. However, control of
15 12 instruction at a pilot charter school shall be vested in the
15 13 board of directors of the pilot charter school under the
15 14 general supervision of that board.
15 15 4. If the state board finds that an authorizing body is
15 16 not engaging in appropriate continuing oversight of a pilot
15 17 charter school operating under a contract with the authorizing
15 18 body, the state board may suspend the power of the authorizing
15 19 body to issue new contracts to organize and operate pilot
15 20 charter schools. A contract issued by the authorizing body
15 21 during the suspension is void. A contract issued by the
15 22 authorizing body before the suspension is not affected by the
15 23 suspension.
15 24 Sec. 13. NEW SECTION. 256F.23 ADDITIONAL PROVISIONS
15 25 REGARDING LOCAL PUBLIC PILOT CHARTER SCHOOLS.
15 26 1. A pilot charter school established under this division
15 27 shall do the following:
15 28 a. Operate within the geographical boundaries of the
15 29 school district approved to establish the pilot charter
15 30 school.
15 31 b. Be accountable to the local school board for purposes
15 32 of ensuring compliance with the charter provisions.
15 33 2. An authorizing body is not required to issue a contract
15 34 to any person. Pilot charter school contracts shall be issued
15 35 on a competitive basis taking into consideration the resources
16 1 available for the proposed pilot charter school, the
16 2 population to be served by the proposed pilot charter school,
16 3 and the educational goals to be achieved by the proposed pilot
16 4 charter school.
16 5 3. A pilot charter school is subject to the same financial
16 6 audits, audit procedures, and audit requirements as a school
16 7 district. The audit shall be consistent with the requirements
16 8 of sections 11.6, 11.14, 11.19, 256.9, subsection 19, and
16 9 section 279.29, except to the extent deviations are necessary
16 10 because of the program at the school. The auditor of state
16 11 may conduct financial, program, or compliance audits.
16 12 Sec. 14. NEW SECTION. 256F.24 BOARD OF DIRECTORS.
16 13 1. A pilot charter school shall be organized and
16 14 administered under the direction of a board of directors.
16 15 2. The authorizing body shall adopt a resolution
16 16 establishing the method of board selection, length of term,
16 17 and number of members of the board of directors of each pilot
16 18 charter school. The person who applies to the authorizing
16 19 body under section 256F.22, subsection 1, shall hold an
16 20 election for members of the pilot charter school's board of
16 21 directors in a timely manner after the school is operating.
16 22 Staff members employed by the pilot charter school, including
16 23 teachers providing instruction under a contract with a
16 24 teaching cooperative and all parents or guardians of children
16 25 enrolled in the school, shall be given the opportunity to
16 26 participate in the election. A provisional board may operate
16 27 before the election of the school's board of directors.
16 28 Meetings of the board of directors of a pilot charter school
16 29 are subject to the provisions of chapter 21.
16 30 3. The board of directors for the pilot charter school
16 31 shall adopt bylaws and shall organize the pilot charter school
16 32 as a nonprofit association, nonprofit corporation, or business
16 33 corporation.
16 34 Sec. 15. NEW SECTION. 256F.25 REVOCATION OF CONTRACT.
16 35 1. A contract issued under this division may be revoked by
17 1 the authorizing body if it determines that one or more of the
17 2 following occurred:
17 3 a. Failure of the pilot charter school to abide by and
17 4 meet the educational goals set forth in the contract.
17 5 b. Failure of the pilot charter school to comply with all
17 6 applicable law.
17 7 c. Failure of the pilot charter school to meet generally
17 8 accepted public sector accounting principles.
17 9 d. The existence of one or more other grounds for
17 10 revocation as specified in the contract.
17 11 2. If the authorizing body determines to revoke a contract
17 12 in accordance with this division, the authorizing body shall
17 13 notify the pilot charter school of the proposed action at
17 14 least sixty days prior to revoking a contract. The notice
17 15 shall state the grounds for the proposed action in writing and
17 16 in reasonable detail. The pilot charter school may request in
17 17 writing an informal hearing before the authorizing body within
17 18 fourteen days of receiving notice of revocation of the
17 19 contract. Upon receiving a timely written request for a
17 20 hearing, the authorizing body shall give reasonable notice to
17 21 the pilot charter school of the hearing date. The authorizing
17 22 body shall conduct an informal hearing before taking final
17 23 action. The authorizing body shall take final action to
17 24 revoke or approve continuation of a contract by the last day
17 25 of classes in the school year. If the final action to revoke
17 26 a contract under this section occurs prior to the last day of
17 27 classes in the school year, a student attending the school may
17 28 enroll in the resident district or another district as
17 29 provided in section 256F.6, subsection 2.
17 30 3. The decision of the authorizing body to revoke a
17 31 contract under this section is subject to appeal under section
17 32 290.1. An authorizing body revoking a contract under this
17 33 section is not liable for that action to the pilot charter
17 34 school, a student enrolled in the pilot charter school or the
17 35 student's parent or guardian, or any other person.
18 1 Sec. 16. NEW SECTION. 256F.26 IMMUNITY.
18 2 The state board, members of the state board, the
18 3 authorizing body, members of the board of the authorizing body
18 4 in their official capacity, and employees of an authorizing
18 5 body are immune from civil or criminal liability for all
18 6 reasonable actions taken in the performance of their duties
18 7 related to a charter school they approve or oversee. The
18 8 board of directors of the pilot charter school shall obtain at
18 9 least the amount of and types of insurance required by the
18 10 contract, pursuant to section 256F.11, subsection 1, paragraph
18 11 "m".
18 12 Sec. 17. NEW SECTION. 256F.27 EXEMPTION FROM TAXATION.
18 13 A pilot charter school is exempt from all state taxation on
18 14 its earnings and property. Instruments of conveyance to or
18 15 from a pilot charter school are exempt from all state
18 16 taxation. A pilot charter school shall not levy taxes for any
18 17 purpose. However, the operation of a pilot charter school and
18 18 oversight of a pilot charter school by a school district shall
18 19 not affect the ability of the school district to levy taxes in
18 20 accordance with any applicable statute.
18 21 Sec. 18. NEW SECTION. 256F.28 OTHER AID – INTERESTS IN
18 22 PROPERTY.
18 23 A pilot charter school may acquire by purchase, gift,
18 24 devise, lease, sublease, installment purchase agreement, land
18 25 contract, option, or by any other means, hold and own in its
18 26 own name buildings and other property for school purposes and
18 27 other interests, including, but not limited to, interests in
18 28 property subject to mortgages, security interests, or other
18 29 liens, necessary or convenient to fulfill its purposes. For
18 30 the purposes of condemnation, a pilot charter school may
18 31 proceed under chapter 6B or any other applicable statutes, but
18 32 only with the express, written permission of the authorizing
18 33 body in each instance of condemnation and only after just
18 34 compensation has been determined and paid.
18 35 Sec. 19. NEW SECTION. 256F.29 LEASED SPACE.
19 1 A pilot charter school may lease space from a board
19 2 eligible to be an authorizing body or other public or private
19 3 nonprofit, nonsectarian organization. If a pilot charter
19 4 school is unable to lease appropriate space from an eligible
19 5 board or other public or private nonprofit, nonsectarian
19 6 organization, the school may lease space from another
19 7 nonsectarian organization if the department of education, in
19 8 consultation with the department of general services, approves
19 9 the lease. If the school is unable to lease appropriate space
19 10 from public or private nonsectarian organizations, the school
19 11 may lease space from a sectarian organization if the leased
19 12 space is constructed as a school facility and the department
19 13 of education, in consultation with the department of general
19 14 services, approves the lease.
19 15 Sec. 20. NEW SECTION. 256F.30 AUTHORITY TO RAISE INITIAL
19 16 WORKING CAPITAL.
19 17 The authorizing body may authorize a pilot charter school
19 18 before the applicant has secured its space, equipment,
19 19 facilities, and personnel, if the applicant indicates the
19 20 authority is necessary for it to raise working capital. An
19 21 authorizing body shall not authorize a school before the state
19 22 board has approved the application.
19 23 Sec. 21. NEW SECTION. 256F.31 TRANSPORTATION.
19 24 A pilot charter school shall provide transportation
19 25 services to students enrolled in the pilot charter school, as
19 26 if it was a school district, in accordance with section 285.1.
19 27 The state shall pay transportation aid to the pilot charter
19 28 school under chapter 285 as if it was a school district.
19 29 Sec. 22. NEW SECTION. 256D.32 DISSEMINATE INFORMATION.
19 30 The authorizing body, the pilot charter school, and the
19 31 department shall disseminate information to the public on how
19 32 to form and operate a charter school and how to utilize the
19 33 offerings of a charter school. Particular groups to be
19 34 targeted include low-income families and communities and
19 35 minority students.
20 1 Sec. 23. NEW SECTION. 256D.33 LEAVE TO TEACH IN A
20 2 CHARTER SCHOOL.
20 3 Each school district shall be required to grant a leave of
20 4 absence to any teacher in the school district requesting such
20 5 leave in order to teach in a pilot charter school. A teacher
20 6 may request a leave of absence for up to two years. While on
20 7 leave, the teacher shall retain the teacher's seniority. At
20 8 the end of the second year, the teacher may either return to
20 9 the teacher's former teaching position in the school district
20 10 or, if the teacher chooses, may continue teaching at the pilot
20 11 charter school and resign from the school district position.
20 12 Sec. 24. NEW SECTION. 256D.34 STATE SCHOOL FOUNDATION
20 13 AID FOR A CHARTER SCHOOL.
20 14 1. Revenue from taxes levied by a school district or bonds
20 15 issued by a school district shall be used to support the
20 16 operation or facilities of a pilot charter school overseen by
20 17 a school district, but locally operated, in the same manner as
20 18 that revenue may be used by the school district to support its
20 19 operations and facilities. This section shall not be
20 20 construed to authorize a school district to levy taxes or to
20 21 issue bonds for any purpose that is not otherwise authorized
20 22 under this chapter.
20 23 2. The authorizing body for a pilot charter school is the
20 24 fiscal agent for the pilot charter school. A state school aid
20 25 payment for a pilot charter school shall be paid in accordance
20 26 with section 257.16 to the fiscal agent, which shall then
20 27 forward the payment to the pilot charter school.
20 28 Sec. 25. EMERGENCY RULES. The state board of education
20 29 may adopt emergency rules under section 17A.4, subsection 2,
20 30 and section 17A.5, subsection 2, paragraph "b", to implement
20 31 this Act and the rules shall be effective immediately upon
20 32 filing unless a later date is specified in the rules. Any
20 33 rules adopted in accordance with this section shall also be
20 34 published as a notice of intended action as provided in
20 35 section 17A.4.
21 1 EXPLANATION
21 2 This bill directs the state board of education to initiate
21 3 a pilot program to test the effectiveness of charter schools.
21 4 The bill sets up provisions by which charter schools may be
21 5 established and sets forth the purposes for which the schools
21 6 shall be established.
21 7 SPONSORSHIP: A governmental body is seeking to sponsor or
21 8 receiving authorization to sponsor a charter school.
21 9 OPERATION OF CHARTER SCHOOL: The school shall be organized
21 10 and operated as a nonprofit association, nonprofit
21 11 corporation, partnership, limited partnership, business
21 12 corporation, or as any other group of individuals however
21 13 organized under state law. Before a sponsor may organize and
21 14 operate a school, the sponsor must file an affidavit with the
21 15 state board stating its intent to organize a charter school
21 16 and receive state board approval.
21 17 CONVERSION OF EXISTING SCHOOLS: The board of directors of
21 18 a school district may convert one of its existing schools to a
21 19 charter school if 60 percent of the teachers at the school
21 20 sign a petition seeking conversion.
21 21 CONTRACT: The sponsor's authorization for a charter school
21 22 shall be in the form of a written contract signed by the
21 23 sponsor and the board of directors of the charter school. The
21 24 bill sets forth the items a contract must contain.
21 25 PUBLIC SCHOOL STATUS: A charter school is a public school
21 26 and is part of the state's system of public education but,
21 27 except as provided in the bill, is exempt from all statutes
21 28 and rules applicable to a school or a school district,
21 29 although it may elect to comply with one or more provisions of
21 30 statutes or rules. A charter school shall meet and abide by
21 31 all applicable state and local health and safety requirements,
21 32 length of school year Code provisions, civil and human rights
21 33 laws, and laws relating to suspension and expulsion of a
21 34 student, and is subject to an annual financial audit. A
21 35 charter school must be nonsectarian in its programs, admission
22 1 policies, employment practices, and all other operations.
22 2 TUITION-FREE: A charter school shall not charge tuition.
22 3 ADMISSION REQUIREMENTS: A charter school may limit
22 4 admission to students within an age group or grade level, and
22 5 to individuals eligible to participate in an alternative
22 6 options education program for dropouts or potential dropouts.
22 7 INSTRUCTIONAL STAFF: A charter school shall employ or
22 8 contract with necessary teachers who hold a valid license
22 9 issued by the board of educational examiners, though the
22 10 administrator of the school need not be licensed by the board.
22 11 The school may employ necessary employees who are not required
22 12 to hold teaching licenses to perform duties other than
22 13 teaching and may contract for other services. The school may
22 14 discipline and discharge teachers and nonlicensed employees in
22 15 accordance with its own procedures.
22 16 STUDENTS WITH SPECIAL EDUCATION NEEDS: The education of
22 17 students requiring special education shall be the financial
22 18 responsibility of the school district of residence. However,
22 19 a charter school must accept students requiring special
22 20 education.
22 21 REPORTS: A charter school must report at least annually to
22 22 its sponsor and the state board of education and the reports
22 23 are public records.
22 24 TRANSPORTATION: By July 1 of each year, a charter school
22 25 shall notify the district in which the school is located and
22 26 the department if it will provide transportation for students
22 27 enrolled at the school for the fiscal year. The state shall
22 28 pay transportation aid to the charter school as if it were a
22 29 regular public school, and shall reimburse charter school
22 30 parents and school districts for transportation costs in the
22 31 same manner as parents and school districts are reimbursed for
22 32 transportation costs. However, a parent may be reimbursed by
22 33 the charter school for costs of transportation from the
22 34 student's residence to the border of the district in which the
22 35 charter school is located if the student is from a family
23 1 whose income is at or below the poverty level.
23 2 LEASED SPACE: A charter school may lease space from a
23 3 school district or public or private nonprofit, nonsectarian
23 4 organization. If the school is unable to lease appropriate
23 5 space from public or private nonsectarian organizations, the
23 6 school may lease space from a sectarian organization if the
23 7 leased space is constructed as a school facility and the
23 8 department, in consultation with the department of management,
23 9 approves the lease.
23 10 INITIAL COSTS: A sponsor may authorize a charter school
23 11 before it has secured its space, equipment, facilities, and
23 12 personnel to raise working capital if necessary.
23 13 LEAVE TO TEACH IN A CHARTER SCHOOL: If a teacher employed
23 14 by a school district makes a written request for an extended
23 15 leave of absence to teach at a charter school, the school
23 16 district shall grant the leave for not more than five years.
23 17 IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM: Teachers in a
23 18 charter school shall be public school teachers for the
23 19 purposes of retirement system benefits under Code chapter 97B.
23 20 During a leave, the teacher shall retain the teacher's
23 21 seniority position and continue to receive benefits received
23 22 as an employee of the district, and may continue to aggregate
23 23 benefits and credits in the Iowa public employees' retirement
23 24 system. The Iowa public employees' retirement system may
23 25 impose reasonable requirements to efficiently administer this
23 26 provision.
23 27 CAUSES FOR NONRENEWAL OR TERMINATION: The bill provides
23 28 the conditions under which a contract may not be renewed or
23 29 may be terminated. The sponsor must provide adequate notice
23 30 stating the grounds for the proposed action in reasonable
23 31 detail. The charter school's board of directors may request
23 32 within 14 days of receiving notice of nonrenewal or
23 33 termination of the contract an informal hearing before the
23 34 sponsor. A contract may be terminated or denied renewal for
23 35 failure to meet the requirements for student performance
24 1 contained in the contract, failure to meet generally accepted
24 2 standards of fiscal management, or for violations of law or
24 3 other good cause shown.
24 4 OPEN ENROLLMENT OPTION UNDER DISSOLUTION: If a charter
24 5 school is dissolved, a student who attended the school,
24 6 siblings of the student, or another student who resides in the
24 7 same place as the student may enroll in the resident district
24 8 or may submit an open enrollment application to a nonresident
24 9 district and the open enrollment application and notice
24 10 deadlines do not apply.
24 11 GENERAL AUTHORITY: The board of directors of a charter
24 12 school may sue and be sued but cannot levy taxes or issue
24 13 bonds.
24 14 STATE SCHOOL FOUNDATION AID: A charter school shall be
24 15 considered a school district for purposes of receiving state
24 16 school foundation aid, non-English speaking weighting,
24 17 technology, early intervention, and phase III moneys.
24 18 OTHER AID, GRANTS, AND REVENUE: A charter school is
24 19 eligible to receive other state or federal educational aid,
24 20 grants, and revenue, and gifts and grants from private sources
24 21 as though it were a school district. Federal aid received by
24 22 the state must be paid to a charter school, if it qualifies
24 23 for the aid, as though it were a school district.
24 24 USE OF STATE MONEYS TO PURCHASE LAND OR BUILDINGS: Money
24 25 received from the state shall not be used to purchase land or
24 26 buildings. The school may own land and buildings if obtained
24 27 through nonstate sources.
24 28 LSB 1838SC 79
24 29 kh/cf/24
Text: SSB01085 Text: SSB01087 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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