House File 2445 - Introduced
HOUSE FILE
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HF 2109)
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 and providing an effective date.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 5466HV 81
7 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 1, Code 2005, is
1 21 amended to read as follows:
1 22 1. The state board of education shall apply for a federal
1 23 grant under Pub. L. No. 107=110, cited as the federal No Child
1 24 Left Behind Act of 2001 (Title V, Part B, Subpart 1), for
1 25 purposes of providing financial assistance for the planning,
1 26 program design, and initial implementation of public charter
1 27 schools. The department shall initiate a pilot program to
1 28 test the effectiveness of charter schools and shall implement
1 29 the applicable provisions of this chapter. However, if
1 30 federal funds are no longer available for purposes of this
1 31 chapter, the department may continue to approve charter school
1 32 applications up to the limit specified in subsection 6B.
1 33 Sec. 5. Section 256F.3, subsection 6, Code 2005, is
1 34 amended to read as follows:
1 35 6. Upon approval of an application for the proposed
2 1 establishment of a charter school, the school board shall
2 2 submit an application for approval to establish the charter
2 3 school to the state board in accordance with section 256F.5.
2 4 The
2 5 6A. A public postsecondary institution may apply to the
2 6 state board for approval to establish a junior=senior high or
2 7 a senior high charter magnet school. The application
2 8 submitted by a public postsecondary institution shall meet the
2 9 requirements of subsection 6B. In addition to the purposes
2 10 set forth in section 256F.1, subsection 3, a charter magnet
2 11 school shall provide students who are enrolled in the charter
2 12 magnet school with a rigorous educational program with a
2 13 specialized focus that will prepare students to attain a
2 14 postsecondary degree. The specialized focus of the
2 15 educational program shall include at least one or more of the
2 16 following subject areas:
2 17 a. Science.
2 18 b. Mathematics.
2 19 c. Engineering.
2 20 d. Computer science.
2 21 e. Biotechnology.
2 22 f. International studies, emphasizing foreign languages,
2 23 social sciences, and communications.
2 24 6B. An application submitted to the state board pursuant
2 25 to this section shall set forth the manner in which the
2 26 charter school will provide special instruction, in accordance
2 27 with section 280.4, to students who are limited English
2 28 proficient. The application shall set forth the manner in
2 29 which the charter school will comply with federal and state
2 30 laws and regulations relating to the federal National School
2 31 Lunch Act and the federal Child Nutrition Act of 1966, 42
2 32 U.S.C. } 1751=1785, and chapter 283A. The state board shall
2 33 approve only those applications that meet the requirements
2 34 specified in section 256F.1, subsection 3, and sections 256F.4
2 35 and 256F.5. The state board may deny an application if the
3 1 state board deems that approval of the application is not in
3 2 the best interest of the affected students. The state board
3 3 shall approve not more than ten charter school applications.
3 4 The state board shall approve not more than one charter school
3 5 application per school district. However, if the state board
3 6 receives ten or fewer applications as of June 30, 2003, and
3 7 two or more of the applications received by the state board by
3 8 that date are submitted by one school district, the state
3 9 board may approve any or all of the applications submitted by
3 10 the school district. The state board shall adopt rules in
3 11 accordance with chapter 17A for the implementation of this
3 12 chapter.
3 13 Sec. 6. Section 256F.4, subsection 4, Code 2005, is
3 14 amended to read as follows:
3 15 4. A charter school shall enroll an eligible resident
3 16 student who submits a timely application unless the number of
3 17 applications exceeds the capacity of a program, class, grade
3 18 level, or building. In this case, students must be accepted
3 19 by lot. A charter school may enroll an eligible nonresident
3 20 student who submits a timely application in accordance with
3 21 the student admission policy established pursuant to section
3 22 256F.5, subsection 1.
3 23 a. If the charter school enrolls an eligible nonresident
3 24 student, the charter school shall notify the school district
3 25 and, if applicable, the sending district not later than March
3 26 1 of the preceding school year. Transportation for the
3 27 student shall be in accordance with section 282.18, subsection
3 28 10, except as provided in paragraph "b". The sending district
3 29 shall make payments to the charter school in the manner
3 30 required under section 282.18, subsection 7.
3 31 b. Transportation to and from a charter magnet school for
3 32 a student attending the charter magnet school shall be
3 33 provided by the parent or guardian without reimbursement.
3 34 However, if the student meets the economic eligibility
3 35 requirements established by the department and state board of
4 1 education, the charter magnet school is responsible for
4 2 providing transportation or paying the pro rata cost of the
4 3 transportation to a parent or guardian for transporting the
4 4 pupil to and from the charter magnet school.
4 5 Sec. 7. Section 256F.4, subsection 7, Code 2005, is
4 6 amended to read as follows:
4 7 7. A charter school shall be considered a part of the
4 8 school district in which it is located for purposes of state
4 9 school foundation aid pursuant to chapter 257. However, a
4 10 student enrolled in a charter school established pursuant to
4 11 section 256F.3, subsection 6A, shall be counted, for state
4 12 school foundation aid purposes, in the pupil's district of
4 13 residence. A pupil's residence, for purposes of this section,
4 14 means a residence under section 282.1. The board of directors
4 15 of the district of residence shall pay to the charter magnet
4 16 school established pursuant to section 256F.3, subsection 6A,
4 17 the state cost per pupil for the previous school year, plus
4 18 any moneys received for the pupil as a result of the non=
4 19 English speaking weighting under section 280.4, subsection 3,
4 20 for the previous school year multiplied by the state cost per
4 21 pupil for the previous year. If the student enrolled in the
4 22 charter magnet school is also an eligible pupil under chapter
4 23 261C, the receiving district shall pay the tuition
4 24 reimbursement amount to an eligible postsecondary institution
4 25 as provided in section 261C.6.
4 26 Sec. 8. Section 256F.4, Code 2005, is amended by adding
4 27 the following new subsection:
4 28 NEW SUBSECTION. 9. A charter magnet school established
4 29 pursuant to section 256F.3, subsection 6A, shall establish
4 30 graduation requirements and may award diplomas to students who
4 31 meet the graduation requirements established.
4 32 Sec. 9. Section 256F.5, subsection 4, Code 2005, is
4 33 amended to read as follows:
4 34 4. The method for appointing or forming an advisory
4 35 council for the charter school. The membership of an advisory
5 1 council appointed or formed in accordance with this chapter
5 2 shall not include more than one member of the school board if
5 3 the charter school is established pursuant to section 256F.3,
5 4 subsections 2 through 6.
5 5 Sec. 10. Section 256F.6, subsections 1 and 3, Code 2005,
5 6 are amended to read as follows:
5 7 1. An approved charter school application shall constitute
5 8 an agreement, the terms of which shall, at a minimum, be the
5 9 terms of a four=year enforceable, renewable contract between
5 10 the school board or a public postsecondary institution and the
5 11 state board. The contract shall include an operating
5 12 agreement for the operation of the charter school. The terms
5 13 of the contract may be revised at any time with the approval
5 14 of both the state board and the school board or the public
5 15 postsecondary institution, whether or not the stated
5 16 provisions of the contract are being fulfilled. The charter
5 17 school shall provide parents and guardians of students
5 18 enrolled in the charter school with a copy of the charter
5 19 school application approved pursuant to section 256F.5.
5 20 3. The state board of education shall provide by rule for
5 21 the ongoing review of a school board's or public postsecondary
5 22 institution's compliance with a contract entered into in
5 23 accordance with this chapter.
5 24 Sec. 11. Section 256F.7, subsections 2 and 3, Code 2005,
5 25 are amended to read as follows:
5 26 2. The school board, or the public postsecondary
5 27 institution if the charter school is established pursuant to
5 28 section 256F.3, subsection 6A, in consultation with the
5 29 advisory council, shall decide matters related to the
5 30 operation of the school, including budgeting, curriculum, and
5 31 operating procedures.
5 32 3. Employees of a charter school shall be considered
5 33 employees of the school district, or if the charter school is
5 34 established pursuant to section 256F.3, subsection 6A, the
5 35 public postsecondary institution. However, sections 279.12
6 1 through 279.19 and section 279.27 shall apply to employees of
6 2 a charter school if the employees are licensed by the board of
6 3 educational examiners under chapter 272 and the charter school
6 4 is established pursuant to section 256F.3, subsection 6A. In
6 5 applying those sections in chapter 279, references to the
6 6 board of directors of a school district shall be interpreted
6 7 to apply to the public postsecondary institution.
6 8 Sec. 12. Section 256F.8, subsection 1, unnumbered
6 9 paragraph 1, Code 2005, is amended to read as follows:
6 10 A contract for the establishment of a charter school may be
6 11 revoked by the state board or the school board or public
6 12 postsecondary institution that established the charter school
6 13 if the appropriate board determines that one or more of the
6 14 following occurred:
6 15 Sec. 13. Section 256F.8, subsections 2, 3, 4, 6, and 7,
6 16 Code 2005, are amended to read as follows:
6 17 2. The decision by a school board or public postsecondary
6 18 institution to revoke or to fail to take action to renew a
6 19 charter school contract is subject to appeal under procedures
6 20 set forth in chapter 290.
6 21 3. A school board or public postsecondary institution
6 22 considering revocation or nonrenewal of a charter school
6 23 contract shall notify the advisory council, the parents or
6 24 guardians of the students enrolled in the charter school, and
6 25 the teachers and administrators employed by the charter
6 26 school, sixty days prior to revoking or the date by which the
6 27 contract must be renewed, but not later than the last day of
6 28 classes in the school year.
6 29 4. If the state board determines that a charter school is
6 30 in substantial violation of the terms of the contract, the
6 31 state board shall notify the school board or the public
6 32 postsecondary institution and the advisory council of its
6 33 intention to revoke the contract at least sixty days prior to
6 34 revoking a contract and the school board or the public
6 35 postsecondary institution shall assume oversight authority,
7 1 operational authority, or both oversight and operational
7 2 authority. The notice shall state the grounds for the
7 3 proposed action in writing and in reasonable detail. The
7 4 school board or the public postsecondary institution may
7 5 request in writing an informal hearing before the state board
7 6 within fourteen days of receiving notice of revocation of the
7 7 contract. Upon receiving a timely written request for a
7 8 hearing, the state board shall give reasonable notice to the
7 9 school board or the public postsecondary institution of the
7 10 hearing date. The state board shall conduct an informal
7 11 hearing before taking final action. Final action to revoke a
7 12 contract shall be taken in a manner least disruptive to
7 13 students enrolled in the charter school. The state board
7 14 shall take final action to revoke or approve continuation of a
7 15 contract by the last day of classes in the school year. If
7 16 the final action to revoke a contract under this section
7 17 occurs prior to the last day of classes in the school year, a
7 18 charter school student may enroll in the resident district.
7 19 6. A school board or public postsecondary institution
7 20 revoking a contract or a school board or public postsecondary
7 21 institution or advisory council that fails to renew a contract
7 22 under this chapter is not liable for that action to the
7 23 charter school, a student enrolled in the charter school or
7 24 the student's parent or guardian, or any other person.
7 25 7. In the case of a revocation or a nonrenewal of the
7 26 charter, the school board or public postsecondary institution
7 27 is exempt from the state board's "Barker guidelines", as
7 28 provided in 1 D.P.I. App. Dec. 145 (1977).
7 29 Sec. 14. Section 256F.10, subsection 1, Code 2005, is
7 30 amended to read as follows:
7 31 1. A charter school shall report at least annually to the
7 32 school board or the public postsecondary institution, as
7 33 applicable, advisory council, and the state board the
7 34 information required by the school board or the public
7 35 postsecondary institution, as applicable, advisory council, or
8 1 the state board. The reports are public records subject to
8 2 chapter 22.
8 3 Sec. 15. EFFECTIVE DATE. This Act, being deemed of
8 4 immediate importance, takes effect upon enactment.
8 5 EXPLANATION
8 6 This bill removes the limitation on the number of charter
8 7 school applications the state board of education may approve
8 8 and authorizes the state board to approve applications for the
8 9 establishment, by community colleges or state universities, of
8 10 junior=senior high or senior high charter magnet schools. The
8 11 bill allows the department to continue to approve charter
8 12 schools whether or not federal funds are available.
8 13 Code chapter 256F currently provides that a charter school
8 14 is a public school that is either a new school within an
8 15 existing public school or an existing public school converted
8 16 to charter status. The principal, teachers, or parents or
8 17 guardians of students at an existing public school who wish to
8 18 establish a charter school must submit an application to the
8 19 board of directors of the school board and, upon receiving
8 20 approval from the school board, must submit an application to
8 21 the state board of education for final approval. The bill
8 22 makes numerous changes to Code chapter 256F to allow for the
8 23 establishment of a charter magnet school by a community
8 24 college or state university and to require that a charter
8 25 magnet school and its sponsor adhere to the same requirements
8 26 currently established for charter schools established by
8 27 school districts, with the exception of the transportation
8 28 requirements.
8 29 Charter magnet school students are to be counted, for
8 30 school foundation aid purposes, in the student's district of
8 31 residence. The school district of residence must pay to the
8 32 charter magnet school the state cost per pupil and any moneys
8 33 received for non=English speaking weighting for the previous
8 34 school year. The school district is also responsible for the
8 35 tuition reimbursement amount if the student takes courses
9 1 under the postsecondary enrollment options Act.
9 2 The bill provides that a charter magnet school must provide
9 3 students with a rigorous educational program that will prepare
9 4 students to attain a postsecondary degree and establish a
9 5 specialized focus on one or more of the following subjects:
9 6 science; mathematics; engineering; computer science;
9 7 biotechnology; and international studies. The bill permits a
9 8 charter magnet school to establish graduation requirements and
9 9 award diplomas to students.
9 10 The bill places the responsibility for providing students
9 11 with transportation to and from the charter magnet school on
9 12 the parent or guardian. However, if the student meets low=
9 13 income guidelines, the charter magnet school must provide the
9 14 transportation or reimburse the parent or guardian for
9 15 providing transportation.
9 16 The bill also eliminates an obsolete provision regarding
9 17 charter school applications received in 2003.
9 18 The bill takes effect upon enactment.
9 19 LSB 5466HV 81
9 20 kh:rj/gg/14