House File 267 - Introduced HOUSE FILE BY WISE 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 and providing an effective date. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2038HH 82 7 kh/gg/14 PAG LIN 1 1 Section 1. Section 256F.1, subsection 2, Code 2007, 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 2007, is 1 9 amended to read as follows: 1 10 3. "Charter school" means, according to its context, 1 11 either a state public charter school operated as a pilot 1 12 program or a charter magnet school approved by the state board 1 13 of education pursuant to section 256F.3. 1 14 Sec. 3. Section 256F.2, Code 2007, 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 2007, 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. However, if federal funds are no longer available 1 28 for purposes of this chapter, the department may continue to 1 29 approve charter school applications up to the limit specified 1 30 in subsection 6B. The department shall initiate a pilot 1 31 program to test the effectiveness of charter schools and shall 1 32 implement the applicable provisions of this chapter. The 1 33 state board shall monitor and review charter school progress 1 34 on the comprehensive school improvement plan and student 1 35 achievement goals established by a charter school pursuant to 2 1 section 256F.4 and on the performance goals and objectives 2 2 described pursuant to section 256F.5. 2 3 Sec. 5. Section 256F.3, subsection 6, Code 2007, is 2 4 amended to read as follows: 2 5 6.Upon approval of anIf a school board approves the 2 6 applicationfor the proposed establishment of a charter school2 7 submitted pursuant to subsection 5, the school board shall 2 8 submit an applicationfor approval to establish the charter 2 9 schoolto the state board in accordance with subsection 6B and 2 10 section 256F.5.The application shall set forth the manner in 2 11 which the charter school will provide special instruction, in 2 12 accordance with section 280.4, to students who are limited 2 13 English proficient. The application shall set forth the 2 14 manner in which the charter school will comply with federal 2 15 and state laws and regulations relating to the federal 2 16 National School Lunch Act and the federal Child Nutrition Act 2 17 of 1966, 42 U.S.C. } 1751==1785, and chapter 283A. The state 2 18 board shall approve only those applications that meet the 2 19 requirements specified in section 256F.1, subsection 3, and 2 20 sections 256F.4 and 256F.5. The state board may deny an 2 21 application if the state board deems that approval of the 2 22 application is not in the best interest of the affected 2 23 students. The state board shall approve not more than twenty 2 24 charter school applications. The state board shall approve 2 25 not more than one charter school application per school 2 26 district. The state board shall adopt rules in accordance 2 27 with chapter 17A for the implementation of this chapter.2 28 Sec. 6. Section 256F.3, Code 2007, is amended by adding 2 29 the following new subsections: 2 30 NEW SUBSECTION. 6A. A public postsecondary institution 2 31 may apply to the state board for approval to establish a 2 32 junior=senior high, or a senior high, charter magnet school. 2 33 The application submitted by a public postsecondary 2 34 institution shall meet the requirements of subsection 6B. In 2 35 addition to the purposes set forth in section 256F.1, 3 1 subsection 3, a charter magnet school shall provide students 3 2 with a rigorous educational program with a specialized focus 3 3 that will prepare students to attain a postsecondary degree. 3 4 The specialized focus of the educational program shall include 3 5 at least one or more of the following subject areas: 3 6 a. Science. 3 7 b. Mathematics. 3 8 c. Engineering. 3 9 d. Computer science. 3 10 e. Biotechnology. 3 11 f. International studies, emphasizing foreign languages, 3 12 social sciences, and communications. 3 13 NEW SUBSECTION. 6B. An application submitted to the state 3 14 board pursuant to this section shall set forth the manner in 3 15 which the charter school will provide special instruction, in 3 16 accordance with section 280.4, to students who are limited 3 17 English proficient, and the manner in which the charter school 3 18 will comply with federal and state laws and regulations 3 19 relating to the federal National School Lunch Act and the 3 20 federal Child Nutrition Act of 1966, 42 U.S.C. } 1751==1785, 3 21 and chapter 283A. The state board shall approve only those 3 22 applications that meet the requirements specified in section 3 23 256F.1, subsection 3, and sections 256F.4 and 256F.5. The 3 24 state board may deny an application if the state board deems 3 25 that approval of the application is not in the best interest 3 26 of the affected students. The state board shall approve not 3 27 more than twenty charter school applications and not more than 3 28 five charter magnet school applications. The state board 3 29 shall approve not more than one charter school application per 3 30 school district. The state board shall adopt rules in 3 31 accordance with chapter 17A for the administration of this 3 32 chapter. 3 33 Sec. 7. Section 256F.4, subsection 4, Code 2007, is 3 34 amended to read as follows: 3 35 4. A charter school shall enroll an eligible resident 4 1 student who submits a timely application unless the number of 4 2 applications exceeds the capacity of a program, class, grade 4 3 level, or building. In this case, students must be accepted 4 4 by lot. A charter school may enroll an eligible nonresident 4 5 student who submits a timely application in accordance with 4 6 the student admission policy established pursuant to section 4 7 256F.5, subsection 1. 4 8 a. If the charter school enrolls an eligible nonresident 4 9 student, the charter school shall notify the school district 4 10 and, if applicable, the sending district not later than March 4 11 1 of the preceding school year. Transportation for the 4 12 student shall be in accordance with section 282.18, subsection 4 13 10, except as provided in paragraph "b". The sending district 4 14 shall make payments to the charter school in the manner 4 15 required under section 282.18, subsection 7. 4 16 b. Transportation to and from a charter magnet school for 4 17 a student attending the charter magnet school shall be 4 18 provided by the parent or guardian without reimbursement. 4 19 However, if the student meets the economic eligibility 4 20 requirements established by the department and state board of 4 21 education, the charter magnet school is responsible for 4 22 providing transportation or paying the pro rata cost of the 4 23 transportation to a parent or guardian for transporting the 4 24 pupil to and from the charter magnet school. 4 25 Sec. 8. Section 256F.4, subsection 7, Code 2007, is 4 26 amended to read as follows: 4 27 7. a. A charter school shall be considered a part of the 4 28 school district in which it is located for purposes of state 4 29 school foundation aid pursuant to chapter 257. 4 30 b. A student enrolled in a charter magnet school 4 31 established pursuant to section 256F.3, subsection 6A, shall 4 32 be counted, for state school foundation aid purposes, in the 4 33 pupil's district of residence. A pupil's residence, for 4 34 purposes of this section, means a residence under section 4 35 282.1. The board of directors of the district of residence 5 1 shall pay to the charter magnet school the state cost per 5 2 pupil for the previous school year, plus any moneys received 5 3 for the pupil as a result of the non=English speaking 5 4 weighting under section 280.4, subsection 3, for the previous 5 5 school year multiplied by the state cost per pupil for the 5 6 previous year. If the student enrolled in the charter magnet 5 7 school is also an eligible pupil under chapter 261C, the 5 8 receiving district shall pay the tuition reimbursement amount 5 9 to an eligible postsecondary institution as provided in 5 10 section 261C.6. 5 11 Sec. 9. Section 256F.4, Code 2007, is amended by adding 5 12 the following new subsection: 5 13 NEW SUBSECTION. 9. A charter magnet school established 5 14 pursuant to section 256F.3, subsection 6A, shall establish 5 15 graduation requirements and may award diplomas to students who 5 16 meet the graduation requirements established. 5 17 Sec. 10. Section 256F.5, subsection 4, Code 2007, is 5 18 amended to read as follows: 5 19 4. The method for appointing or forming an advisory 5 20 council for the charter school. The membership of an advisory 5 21 council appointed or formed in accordance with this chapter 5 22 shall not include more than one member of the school board if 5 23 the charter school is established pursuant to section 256F.3, 5 24 subsections 2 through 6. 5 25 Sec. 11. Section 256F.6, subsections 1 and 3, Code 2007, 5 26 are amended to read as follows: 5 27 1. An approved charter school application shall constitute 5 28 an agreement, the terms of which shall, at a minimum, be the 5 29 terms of a four=year enforceable, renewable contract between 5 30 the school board or a public postsecondary institution and the 5 31 state board. The contract shall include an operating 5 32 agreement for the operation of the charter school. The terms 5 33 of the contract may be revised at any time with the approval 5 34 of both the state board and the school board or the public 5 35 postsecondary institution, whether or not the stated 6 1 provisions of the contract are being fulfilled. The charter 6 2 school shall provide parents and guardians of students 6 3 enrolled in the charter school with a copy of the charter 6 4 school application approved pursuant to section 256F.5. 6 5 3. The state board of education shall provide by rule for 6 6 the ongoing review of a school board's or public postsecondary 6 7 institution's compliance with a contract entered into in 6 8 accordance with this chapter. 6 9 Sec. 12. Section 256F.7, subsections 2 and 3, Code 2007, 6 10 are amended to read as follows: 6 11 2. The school board, or the public postsecondary 6 12 institution in the case of a charter magnet school shall, in 6 13 consultation with the advisory council,shalldecide matters 6 14 related to the operation of the school, including budgeting, 6 15 curriculum, and operating procedures. 6 16 3. Employees of a charter school shall be considered 6 17 employees of the school district, or of the public 6 18 postsecondary institution in the case of a charter magnet 6 19 school. However, sections 279.12 through 279.19 and section 6 20 279.27 shall apply to employees of a charter magnet school if 6 21 the employees are licensed by the board of educational 6 22 examiners under chapter 272. In applying those sections in 6 23 chapter 279, references to the board of directors of a school 6 24 district shall be interpreted to apply to the public 6 25 postsecondary institution. 6 26 Sec. 13. Section 256F.8, subsection 1, unnumbered 6 27 paragraph 1, Code 2007, is amended to read as follows: 6 28 A contract for the establishment of a charter school may be 6 29 revoked by the state board or the school board or public 6 30 postsecondary institution that established the charter school 6 31 if the appropriate board determines that one or more of the 6 32 following occurred: 6 33 Sec. 14. Section 256F.8, subsections 2, 3, 4, 6, and 7, 6 34 Code 2007, are amended to read as follows: 6 35 2. The decision by a school board or public postsecondary 7 1 institution to revoke or to fail to take action to renew a 7 2 charter school contract is subject to appeal under procedures 7 3 set forth in chapter 290. 7 4 3. A school board or public postsecondary institution 7 5 considering revocation or nonrenewal of a charter school 7 6 contract shall notify the advisory council, the parents or 7 7 guardians of the students enrolled in the charter school, and 7 8 the teachers and administrators employed by the charter 7 9 school, sixty days prior to revoking or the date by which the 7 10 contract must be renewed, but not later than the last day of 7 11 classes in the school year. 7 12 4. If the state board determines that a charter school is 7 13 in substantial violation of the terms of the contract, the 7 14 state board shall notify the school board or the public 7 15 postsecondary institution and the advisory council of its 7 16 intention to revoke the contract at least sixty days prior to 7 17 revoking a contract and the school board or the public 7 18 postsecondary institution shall assume oversight authority, 7 19 operational authority, or both oversight and operational 7 20 authority. The notice shall state the grounds for the 7 21 proposed action in writing and in reasonable detail. The 7 22 school board or the public postsecondary institution may 7 23 request in writing an informal hearing before the state board 7 24 within fourteen days of receiving notice of revocation of the 7 25 contract. Upon receiving a timely written request for a 7 26 hearing, the state board shall give reasonable notice to the 7 27 school board or the public postsecondary institution of the 7 28 hearing date. The state board shall conduct an informal 7 29 hearing before taking final action. Final action to revoke a 7 30 contract shall be taken in a manner least disruptive to 7 31 students enrolled in thecharterschool. The state board 7 32 shall take final action to revoke or approve continuation of a 7 33 contract by the last day of classes in the school year. If 7 34 the final action to revoke a contract under this section 7 35 occurs prior to the last day of classes in the school year, a 8 1 charter school student may enroll in the resident district. 8 2 6. A school board or public postsecondary institution 8 3 revoking a contract or a school board or public postsecondary 8 4 institution or advisory council that fails to renew a contract 8 5 under this chapter is not liable for that action to the 8 6 charter school, a student enrolled in the charter school or 8 7 the student's parent or guardian, or any other person. 8 8 7. In the case of a revocation or a nonrenewal of the 8 9 charter, the school board or public postsecondary institution 8 10 is exempt from the state board's "Barker guidelines", as 8 11 provided in 1 D.P.I. App. Dec. 145 (1977). 8 12 Sec. 15. Section 256F.10, subsection 1, Code 2007, is 8 13 amended to read as follows: 8 14 1. A charter school shall report at least annually to the 8 15 school board or the public postsecondary institution, as 8 16 applicable, advisory council, and the state board the 8 17 information required by the school board or the public 8 18 postsecondary institution, as applicable, advisory council, or 8 19 the state board. The reports are public records subject to 8 20 chapter 22. 8 21 Sec. 16. EFFECTIVE DATE. This Act, being deemed of 8 22 immediate importance, takes effect upon enactment. 8 23 EXPLANATION 8 24 This bill authorizes the state board of education to 8 25 approve up to five applications for the establishment, by 8 26 community colleges or state universities, of junior=senior 8 27 high or senior high charter magnet schools. 8 28 Code chapter 256F currently provides that a charter school 8 29 is a public school that is either a new school within an 8 30 existing public school or an existing public school converted 8 31 to charter status. The principal, teachers, or parents or 8 32 guardians of students at an existing public school who wish to 8 33 establish a charter school must submit an application to the 8 34 board of directors of the school board and, upon receiving 8 35 approval from the school board, must submit an application to 9 1 the state board of education for final approval. The bill 9 2 allows the department to continue to approve charter schools 9 3 whether or not federal funds are available. The bill directs 9 4 the state board to monitor and review charter school progress 9 5 on the comprehensive school improvement plan and student 9 6 achievement goals set by the charter schools. The bill makes 9 7 numerous changes to Code chapter 256F to allow for the 9 8 establishment of a charter magnet school by a community 9 9 college or state university and to require that a charter 9 10 magnet school and its sponsor adhere to the same requirements 9 11 currently established for charter schools established by 9 12 school districts, with the exception of the transportation 9 13 requirements. 9 14 The bill places the responsibility for providing students 9 15 with transportation to and from the charter magnet school on 9 16 the parent or guardian. However, if the student meets low= 9 17 income guidelines, the charter magnet school must provide the 9 18 transportation or reimburse the parent or guardian for 9 19 providing transportation. 9 20 Charter magnet school students are to be counted, for 9 21 school foundation aid purposes, in the student's district of 9 22 residence. The school district of residence must pay to the 9 23 charter magnet school the state cost per pupil and any moneys 9 24 received for non=English speaking weighting for the previous 9 25 school year. The school district is also responsible for the 9 26 tuition reimbursement amount if the student takes courses 9 27 under the postsecondary enrollment options Act. 9 28 A charter magnet school must provide students with a 9 29 rigorous educational program that will prepare students to 9 30 attain a postsecondary degree and establish a specialized 9 31 focus on one or more of the following subjects: science; 9 32 mathematics; engineering; computer science; biotechnology; and 9 33 international studies, emphasizing foreign languages, social 9 34 sciences, and communications. The bill permits a charter 9 35 magnet school to establish graduation requirements and award 10 1 diplomas to students. 10 2 The bill takes effect upon enactment. 10 3 LSB 2038HH 82 10 4 kh:rj/gg/14