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 an If a school board approves the
  2  6 application for the proposed establishment of a charter school
  2  7 submitted pursuant to subsection 5, the school board shall
  2  8 submit an application for approval to establish the charter
  2  9 school to 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, shall decide 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 the charter school.  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