House File 2109 - Introduced
HOUSE FILE
BY WISE, CARROLL, and TYMESON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act authorizing community colleges and state universities to
2 seek approval to establish charter magnet schools and
3 increasing the number of charter schools that may be approved.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5466YH 81
6 kh/gg/14
PAG LIN
1 1 Section 1. Section 256F.1, subsection 2, Code 2005, is
1 2 amended to read as follows:
1 3 2. A charter school may be established by creating a new
1 4 school within an existing public school or converting an
1 5 existing public school to charter status under section 256F.3,
1 6 subsections 2 through 6, or by creating a charter magnet
1 7 school under section 256F.3, subsection 6A.
1 8 Sec. 2. Section 256F.2, subsection 3, Code 2005, is
1 9 amended to read as follows:
1 10 3. "Charter school" means a state public charter school
1 11 operated as a pilot program. "Charter school" also means a
1 12 charter magnet school as described in section 256F.3,
1 13 subsection 6A.
1 14 Sec. 3. Section 256F.2, Code 2005, is amended by adding
1 15 the following new subsection:
1 16 NEW SUBSECTION. 4B. "Public postsecondary institution"
1 17 means a community college established under chapter 260C or an
1 18 institution of higher education governed by the state board of
1 19 regents.
1 20 Sec. 4. Section 256F.3, subsection 6, Code 2005, is
1 21 amended to read as follows:
1 22 6. Upon approval of an application for the proposed
1 23 establishment of a charter school, the school board shall
1 24 submit an application for approval to establish the charter
1 25 school to the state board in accordance with section 256F.5.
1 26 The
1 27 6A. A public postsecondary institution may apply to the
1 28 state board for approval to establish a junior=senior high or
1 29 a senior high charter magnet school. The application
1 30 submitted by a public postsecondary institution shall meet the
1 31 requirements of subsection 6B. In addition to the purposes
1 32 set forth in section 256F.1, subsection 3, a charter magnet
1 33 school shall provide students who are enrolled in the charter
1 34 magnet school with a rigorous educational program with a
1 35 specialized focus that will prepare students to attain a
2 1 postsecondary degree. The specialized focus of the
2 2 educational program shall include at least one or more of the
2 3 following subject areas:
2 4 a. Science.
2 5 b. Mathematics.
2 6 c. Engineering.
2 7 d. Computer science.
2 8 e. Biotechnology.
2 9 f. International studies, emphasizing foreign languages,
2 10 social sciences, and communications.
2 11 6B. An application submitted to the state board pursuant
2 12 to this section shall set forth the manner in which the
2 13 charter school will provide special instruction, in accordance
2 14 with section 280.4, to students who are limited English
2 15 proficient. The application shall set forth the manner in
2 16 which the charter school will comply with federal and state
2 17 laws and regulations relating to the federal National School
2 18 Lunch Act and the federal Child Nutrition Act of 1966, 42
2 19 U.S.C. } 1751=1785, and chapter 283A. The state board shall
2 20 approve only those applications that meet the requirements
2 21 specified in section 256F.1, subsection 3, and sections 256F.4
2 22 and 256F.5. The state board may deny an application if the
2 23 state board deems that approval of the application is not in
2 24 the best interest of the affected students. The state board
2 25 shall approve not more than ten twenty charter school
2 26 applications. The state board shall approve not more than one
2 27 charter school application per school district. However, if
2 28 the state board receives ten or fewer applications as of June
2 29 30, 2003, and two or more of the applications received by the
2 30 state board by that date are submitted by one school district,
2 31 the state board may approve any or all of the applications
2 32 submitted by the school district. The state board shall adopt
2 33 rules in accordance with chapter 17A for the implementation of
2 34 this chapter.
2 35 Sec. 5. Section 256F.4, subsection 4, Code 2005, is
3 1 amended to read as follows:
3 2 4. A charter school shall enroll an eligible resident
3 3 student who submits a timely application unless the number of
3 4 applications exceeds the capacity of a program, class, grade
3 5 level, or building. In this case, students must be accepted
3 6 by lot. A charter school may enroll an eligible nonresident
3 7 student who submits a timely application in accordance with
3 8 the student admission policy established pursuant to section
3 9 256F.5, subsection 1.
3 10 a. If the charter school enrolls an eligible nonresident
3 11 student, the charter school shall notify the school district
3 12 and, if applicable, the sending district not later than March
3 13 1 of the preceding school year. Transportation for the
3 14 student shall be in accordance with section 282.18, subsection
3 15 10, except as provided in paragraph "b". The sending district
3 16 shall make payments to the charter school in the manner
3 17 required under section 282.18, subsection 7.
3 18 b. Transportation to and from a charter magnet school for
3 19 a student attending the charter magnet school shall be
3 20 provided by the parent or guardian without reimbursement.
3 21 However, if the student meets the economic eligibility
3 22 requirements established by the department and state board of
3 23 education, the charter magnet school is responsible for
3 24 providing transportation or paying the pro rata cost of the
3 25 transportation to a parent or guardian for transporting the
3 26 pupil to and from the charter magnet school.
3 27 Sec. 6. Section 256F.5, subsection 4, Code 2005, is
3 28 amended to read as follows:
3 29 4. The method for appointing or forming an advisory
3 30 council for the charter school. The membership of an advisory
3 31 council appointed or formed in accordance with this chapter
3 32 shall not include more than one member of the school board if
3 33 the charter school is established pursuant to section 256F.3,
3 34 subsections 2 through 6.
3 35 Sec. 7. Section 256F.6, subsections 1 and 3, Code 2005,
4 1 are amended to read as follows:
4 2 1. An approved charter school application shall constitute
4 3 an agreement, the terms of which shall, at a minimum, be the
4 4 terms of a four=year enforceable, renewable contract between
4 5 the school board or a public postsecondary institution and the
4 6 state board. The contract shall include an operating
4 7 agreement for the operation of the charter school. The terms
4 8 of the contract may be revised at any time with the approval
4 9 of both the state board and the school board or the public
4 10 postsecondary institution, whether or not the stated
4 11 provisions of the contract are being fulfilled. The charter
4 12 school shall provide parents and guardians of students
4 13 enrolled in the charter school with a copy of the charter
4 14 school application approved pursuant to section 256F.5.
4 15 3. The state board of education shall provide by rule for
4 16 the ongoing review of a school board's or public postsecondary
4 17 institution's compliance with a contract entered into in
4 18 accordance with this chapter.
4 19 Sec. 8. Section 256F.7, subsections 2 and 3, Code 2005,
4 20 are amended to read as follows:
4 21 2. The school board, or the public postsecondary
4 22 institution if the charter school is established pursuant to
4 23 section 256F.3, subsection 6A, in consultation with the
4 24 advisory council, shall decide matters related to the
4 25 operation of the school, including budgeting, curriculum, and
4 26 operating procedures.
4 27 3. Employees of a charter school shall be considered
4 28 employees of the school district, or if the charter school is
4 29 established pursuant to section 256F.3, subsection 6A, the
4 30 public postsecondary institution.
4 31 Sec. 9. Section 256F.8, subsection 1, unnumbered paragraph
4 32 1, Code 2005, is amended to read as follows:
4 33 A contract for the establishment of a charter school may be
4 34 revoked by the state board or the school board or public
4 35 postsecondary institution that established the charter school
5 1 if the appropriate board determines that one or more of the
5 2 following occurred:
5 3 Sec. 10. Section 256F.8, subsections 2, 3, 4, 6, and 7,
5 4 Code 2005, are amended to read as follows:
5 5 2. The decision by a school board or public postsecondary
5 6 institution to revoke or to fail to take action to renew a
5 7 charter school contract is subject to appeal under procedures
5 8 set forth in chapter 290.
5 9 3. A school board or public postsecondary institution
5 10 considering revocation or nonrenewal of a charter school
5 11 contract shall notify the advisory council, the parents or
5 12 guardians of the students enrolled in the charter school, and
5 13 the teachers and administrators employed by the charter
5 14 school, sixty days prior to revoking or the date by which the
5 15 contract must be renewed, but not later than the last day of
5 16 classes in the school year.
5 17 4. If the state board determines that a charter school is
5 18 in substantial violation of the terms of the contract, the
5 19 state board shall notify the school board or the public
5 20 postsecondary institution and the advisory council of its
5 21 intention to revoke the contract at least sixty days prior to
5 22 revoking a contract and the school board or the public
5 23 postsecondary institution shall assume oversight authority,
5 24 operational authority, or both oversight and operational
5 25 authority. The notice shall state the grounds for the
5 26 proposed action in writing and in reasonable detail. The
5 27 school board or the public postsecondary institution may
5 28 request in writing an informal hearing before the state board
5 29 within fourteen days of receiving notice of revocation of the
5 30 contract. Upon receiving a timely written request for a
5 31 hearing, the state board shall give reasonable notice to the
5 32 school board or the public postsecondary institution of the
5 33 hearing date. The state board shall conduct an informal
5 34 hearing before taking final action. Final action to revoke a
5 35 contract shall be taken in a manner least disruptive to
6 1 students enrolled in the charter school. The state board
6 2 shall take final action to revoke or approve continuation of a
6 3 contract by the last day of classes in the school year. If
6 4 the final action to revoke a contract under this section
6 5 occurs prior to the last day of classes in the school year, a
6 6 charter school student may enroll in the resident district.
6 7 6. A school board or public postsecondary institution
6 8 revoking a contract or a school board or public postsecondary
6 9 institution or advisory council that fails to renew a contract
6 10 under this chapter is not liable for that action to the
6 11 charter school, a student enrolled in the charter school or
6 12 the student's parent or guardian, or any other person.
6 13 7. In the case of a revocation or a nonrenewal of the
6 14 charter, the school board or public postsecondary institution
6 15 is exempt from the state board's "Barker guidelines", as
6 16 provided in 1 D.P.I. App. Dec. 145 (1977).
6 17 Sec. 11. Section 256F.10, subsection 1, Code 2005, is
6 18 amended to read as follows:
6 19 1. A charter school shall report at least annually to the
6 20 school board or the public postsecondary institution, as
6 21 applicable, advisory council, and the state board the
6 22 information required by the school board or the public
6 23 postsecondary institution, as applicable, advisory council, or
6 24 the state board. The reports are public records subject to
6 25 chapter 22.
6 26 EXPLANATION
6 27 This bill increases from 10 to 20 the number of charter
6 28 school applications the state board of education may approve
6 29 and authorizes the state board to approve applications for the
6 30 establishment, by community colleges or state universities, of
6 31 junior=senior high or senior high charter magnet schools.
6 32 Code chapter 256F currently provides that a charter school
6 33 is a public school that is either a new school within an
6 34 existing public school or an existing public school converted
6 35 to charter status. The principal, teachers, or parents or
7 1 guardians of students at an existing public school who wish to
7 2 establish a charter school must submit an application to the
7 3 board of directors of the school board and, upon receiving
7 4 approval from the school board, must submit an application to
7 5 the state board of education for final approval. The bill
7 6 makes numerous changes to Code chapter 256F to allow for the
7 7 establishment of a charter magnet school by a community
7 8 college or state university and to require that a charter
7 9 magnet school and its sponsor adhere to the same requirements
7 10 currently established for charter schools established by
7 11 school districts, with the exception of the transportation
7 12 requirements.
7 13 The bill provides that a charter magnet school must provide
7 14 students with a rigorous educational program that will prepare
7 15 students to attain a postsecondary degree and establish a
7 16 specialized focus on one or more of the following subjects:
7 17 science; mathematics; engineering; computer science;
7 18 biotechnology; and international studies.
7 19 The bill places the responsibility for providing students
7 20 with transportation to and from the charter magnet school on
7 21 the parent or guardian. However, if the student meets low=
7 22 income guidelines, the charter magnet school must provide the
7 23 transportation or reimburse the parent or guardian for
7 24 providing transportation.
7 25 The bill also eliminates an obsolete provision.
7 26 LSB 5466YH 81
7 27 kh:rj/gg/14.1