House File 2033 - Introduced HOUSE FILE 2033 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 527) A BILL FOR An Act relating to school improvement and the approval 1 and revocation of charter schools, the establishment of 2 innovation zone schools by consortia of school districts 3 and area education agencies, and the implementation of 4 interventions for persistently lowest-achieving schools. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5609HV (3) 83 kh/rj

H.F. 2033 Section 1. Section 256.9, Code Supplement 2009, is amended 1 by adding the following new subsection: 2 NEW SUBSECTION . 60. a. Require a school district that has 3 one or more attendance centers identified by the department as 4 a persistently lowest-achieving school to implement one or more 5 of the interventions mandated by the United States department 6 of education for a persistently lowest-achieving school 7 pursuant to the federal No Child Left Behind Act of 2001, Pub. 8 L. No. 107-110 § 1003(g), 20 U.S.C. § 6303(g), and any federal 9 regulations adopted pursuant to the federal Act. 10 b. A school district required to implement one or more 11 interventions pursuant to paragraph “a” and the employee 12 organization representing the school district’s teachers 13 shall meet at reasonable times to negotiate a memorandum of 14 understanding that contains an agreement on the specific 15 intervention to be implemented and a provision stating that 16 the terms of any collective bargaining agreement between 17 the parties shall remain in effect and unaltered except as 18 specifically agreed to in the memorandum of understanding. 19 If the parties are unable to reach an agreement on the 20 memorandum of understanding within forty-five days of the date 21 the school district is notified that it has a persistently 22 lowest-achieving school, the school district and the employee 23 organization representing the school district’s teachers shall, 24 within five days, select an impartial and disinterested person 25 to serve as a mediator. The mediator shall attempt to bring 26 the parties together to effectuate a settlement of the dispute, 27 but the mediator shall not compel the parties to agree. If 28 mediation fails to result in a mutually agreed to memorandum 29 of understanding, not later than thirty days after selecting 30 the mediator the school district shall not receive any school 31 improvement funds under Tit. I of the federal Elementary and 32 Secondary Act of 1965 for the attendance center identified 33 as a persistently lowest-achieving school. The memorandum 34 of understanding remains in effect for the period of time 35 -1- LSB 5609HV (3) 83 kh/rj 1/ 16

H.F. 2033 that an attendance center is identified as a persistently 1 lowest-achieving school unless a duration period is included in 2 the memorandum of understanding or the parties mutually agree 3 to amend the memorandum of understanding. 4 Sec. 2. Section 256F.1, subsection 1, Code 2009, is amended 5 to read as follows: 6 1. Charter schools and innovation zone schools shall be part 7 of the state’s program of public education. 8 Sec. 3. Section 256F.1, subsection 3, unnumbered paragraph 9 1, Code 2009, is amended to read as follows: 10 The purpose of a charter school or an innovation zone 11 school established pursuant to this chapter shall be to 12 accomplish the following: 13 Sec. 4. Section 256F.1, subsection 3, Code 2009, is amended 14 by adding the following new paragraphs: 15 NEW PARAGRAPH . g. Create different organizational 16 structures for continuous learner progress. 17 NEW PARAGRAPH . h. Allow greater flexibility to meet the 18 education needs of a diverse and constantly changing student 19 population. 20 NEW PARAGRAPH . i. Allow for the allocation of resources in 21 innovative ways through implementation of specialized school 22 budgets for the benefit of the schools served. 23 Sec. 5. Section 256F.1, Code 2009, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 4. An innovation zone school may be 26 established pursuant to this chapter to encourage diverse 27 approaches to learning and education within individual schools. 28 Sec. 6. Section 256F.2, subsection 1, Code 2009, is amended 29 to read as follows: 30 1. “Advisory council” means a council appointed by the 31 school board of directors of a charter school or an innovation 32 zone consortium pursuant to section 256F.5, subsection 4. 33 Sec. 7. Section 256F.2, Code 2009, is amended by adding the 34 following new subsection: 35 -2- LSB 5609HV (3) 83 kh/rj 2/ 16

H.F. 2033 NEW SUBSECTION . 1A. “Area education agency board” means 1 the board of directors of an area education agency established 2 pursuant to chapter 273. 3 Sec. 8. Section 256F.2, subsection 3, Code 2009, is amended 4 to read as follows: 5 3. “Charter school” means a state public charter school 6 operated as a pilot program established in accordance with this 7 chapter . 8 Sec. 9. Section 256F.2, subsection 4A, Code 2009, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 4A. “Innovation zone consortium” means a consortium of two 12 or more school districts and an area education agency in which 13 one or more of the school districts is located, that receives 14 approval to establish an innovation zone school pursuant to 15 this chapter. In addition, the innovation zone consortium 16 may receive technical assistance from an accredited higher 17 education institution. 18 4B. “Innovation zone school” means a public school 19 administered by a principal that is, pursuant to an innovation 20 zone school contract entered into by an innovation zone 21 consortium pursuant to section 256F.6, established as an 22 innovation zone school. 23 Sec. 10. Section 256F.3, Code 2009, is amended to read as 24 follows: 25 256F.3 Pilot program —— application Application . 26 1. The state board of education shall apply for a federal 27 grant under Pub. L. No. 107-110, cited as the federal No 28 Child Left Behind Act of 2001 (Title , Tit. V, Part Pt. B, 29 Subpart Subpt. 1 ) , for purposes of providing financial 30 assistance for the planning, program design, and initial 31 implementation of public charter schools. The department shall 32 initiate a pilot program to test monitor the effectiveness of 33 charter schools and shall implement the applicable provisions 34 of this chapter. 35 -3- LSB 5609HV (3) 83 kh/rj 3/ 16

H.F. 2033 2. a. To receive approval to establish a charter school 1 in accordance with this chapter, the principal, teachers, 2 or parents or guardians of students at an existing public 3 school shall submit an application to the school board to 4 convert an existing attendance center to a charter school. 5 An attendance center shall not enter into a charter school 6 contract with a school district under this chapter unless the 7 attendance center is located within the school district. The 8 application shall demonstrate the support of at least fifty 9 percent of the teachers employed at the school on the date of 10 the submission of the application and fifty percent of the 11 parents or guardians voting whose children are enrolled at the 12 school, provided that a majority of the parents or guardians 13 eligible to vote participate in the ballot process, according 14 to procedures established by rules of the state board. 15 b. To receive approval to establish an innovation zone 16 school in accordance with this chapter, an innovation zone 17 consortium shall submit an application to the state board 18 which demonstrates the support of at least fifty percent of 19 the teachers employed at each proposed innovation zone school 20 on the date of the submission of the application and fifty 21 percent of the parents or guardians voting whose children are 22 enrolled at each proposed innovation zone school, provided 23 that a majority of the parents or guardians eligible to vote 24 participate in the ballot process, according to procedures 25 established by rules of the state board. 26 c. A parent or guardian voting in accordance with this 27 subsection must be a resident of this state. 28 3. A school board shall receive and review all applications 29 for converting an existing building or creating a new building 30 for a charter school. Applications received on or before 31 October 1 of a calendar year shall be considered for charter 32 schools to be established at the beginning of the school 33 district’s next school year or at a time agreed to by the 34 applicant and the school board. However, a school board may 35 -4- LSB 5609HV (3) 83 kh/rj 4/ 16

H.F. 2033 receive and consider applications after October 1 at its 1 discretion. 2 4. A school board shall by a majority vote approve or 3 deny an application relating to a charter school no later 4 than sixty calendar days after the application is received. 5 An application approved by a school board and subsequently 6 approved by the state board pursuant to subsection 6 shall 7 constitute, at a minimum, an agreement between the school board 8 and the charter school for the operation of the charter school. 9 A school board that denies an application for a conversion 10 to a charter school shall provide notice of denial to the 11 applicant in writing within thirty days after board action. 12 The notice shall specify the exact reasons for denial and 13 provide documentation supporting those reasons. 14 5. An applicant may appeal school board denial of the 15 applicant’s charter school application to the state board 16 in accordance with the procedures set forth in chapter 290. 17 The state board shall affirm, modify, or reverse the school 18 board’s decision on the basis of the information provided in 19 the application indicating the ability and willingness of the 20 proposed charter school to meet the requirements of section 21 256F.1, subsection 3, and section 256F.4. 22 6. Upon approval of an application for the proposed 23 establishment of a charter school, the school board shall 24 submit an application for approval to establish the charter 25 school to the state board in accordance with section 256F.5. 26 7. The An application submitted to the state board pursuant 27 to subsection 2, paragraph “b” , or subsection 6 shall set forth 28 the manner in which the charter school or innovation zone 29 school will provide special instruction, in accordance with 30 section 280.4, to students who are limited English proficient. 31 The application shall set forth the manner in which the charter 32 school or innovation zone school will comply with federal and 33 state laws and regulations relating to the federal National 34 School Lunch Act and the federal Child Nutrition Act of 1966, 35 -5- LSB 5609HV (3) 83 kh/rj 5/ 16

H.F. 2033 42 U.S.C. § 1751–1785, and chapter 283A. The state board shall 1 approve only those applications that meet the requirements 2 specified in section 256F.1, subsection 3, and sections 256F.4 3 and 256F.5. The state board may deny an application if the 4 state board deems that approval of the application is not in 5 the best interest of the affected students. The state board 6 shall approve not more than twenty charter school applications. 7 The state board shall approve not more than one charter school 8 application per school district. The state board shall adopt 9 rules in accordance with chapter 17A for the implementation of 10 this chapter . 11 8. The state board shall approve not more than ten 12 innovation zone consortium applications. 13 7. 9. The state board shall adopt rules in accordance 14 with chapter 17A for the implementation of this chapter. If 15 federal rules or regulations relating to the distribution 16 or utilization of federal funds allocated to the department 17 pursuant to this section are adopted that are inconsistent with 18 the provisions of this chapter, the state board shall adopt 19 rules to comply with the requirements of the federal rules or 20 regulations. The state board shall identify inconsistencies 21 between federal and state rules and regulations as provided 22 in this subsection and shall submit recommendations for 23 legislative action to the chairpersons and ranking members of 24 the senate and house standing committees on education at the 25 next meeting of the general assembly. 26 Sec. 11. Section 256F.4, subsection 1, Code 2009, is amended 27 to read as follows: 28 1. Within fifteen days after approval of a charter school 29 or innovation zone school application submitted in accordance 30 with section 256F.3, subsection 2, a school board or innovation 31 zone consortium shall report to the department the name of the 32 charter school applicant if applicable , the proposed charter 33 school or innovation zone school location, and its the charter 34 school or innovation zone school’s projected enrollment. 35 -6- LSB 5609HV (3) 83 kh/rj 6/ 16

H.F. 2033 Sec. 12. Section 256F.4, subsection 2, unnumbered paragraph 1 1, Code 2009, is amended to read as follows: 2 Although a charter school or innovation zone school may 3 elect to comply with one or more provisions of statute or 4 administrative rule, a charter school or innovation zone 5 school is exempt from all statutes and rules applicable to a 6 school, a school board, or a school district, except that the 7 charter school or innovation zone school shall do all of the 8 following: 9 Sec. 13. Section 256F.4, subsection 2, paragraphs a, g, and 10 j, Code 2009, are amended to read as follows: 11 a. Meet all applicable federal, state, and local health and 12 safety requirements and laws prohibiting discrimination on the 13 basis of race, creed, color, sex, sexual orientation, gender 14 identity, national origin, religion, ancestry, or disability. 15 A charter school or innovation zone school shall be subject to 16 any court-ordered desegregation plan in effect for the school 17 district at the time the school’s charter school or innovation 18 zone school application is approved. 19 g. Be subject to and comply with chapter 284 relating to 20 the student achievement and teacher quality program. A charter 21 school or innovation zone school that complies with chapter 22 284 shall receive state moneys or be eligible to receive state 23 moneys calculated as provided in chapter 284 section 257.10, 24 subsections 9 and 10, and section 257.37A as if it did not 25 operate under a charter school or innovation zone school 26 contract . 27 j. Meetings and records of the advisory council are subject 28 to the provisions of chapters 21 and 22. 29 Sec. 14. Section 256F.4, subsections 3 through 8, Code 2009, 30 are amended to read as follows: 31 3. A charter school or innovation zone school shall not 32 discriminate in its student admissions policies or practices 33 on the basis of intellectual or athletic ability, measures 34 of achievement or aptitude, or status as a person with a 35 -7- LSB 5609HV (3) 83 kh/rj 7/ 16

H.F. 2033 disability. However, a charter school or innovation zone 1 school may limit admission to students who are within a 2 particular range of ages or grade levels or on any other 3 basis that would be legal if initiated by a school district. 4 Enrollment priority shall be given to the siblings of students 5 enrolled in a charter school or innovation zone school . 6 4. A charter school or innovation zone school shall 7 enroll an eligible resident student who submits a timely 8 application unless the number of applications exceeds the 9 capacity of a program, class, grade level, or building. In 10 this case, students must be accepted by lot. A charter school 11 or innovation zone school may enroll an eligible nonresident 12 student who submits a timely application in accordance with 13 the student admission policy established pursuant to section 14 256F.5, subsection 1. If the charter school or innovation zone 15 school enrolls an eligible nonresident student, the charter 16 school or innovation zone school shall notify the school 17 district of residence and the sending district not later than 18 March 1 of the preceding school year. Transportation for the 19 student shall be in accordance with section 282.18, subsection 20 10. The sending district shall make payments to the charter 21 school or innovation zone consortium in the manner required 22 under section 282.18, subsection 7. If the nonresident pupil 23 is also an eligible pupil under section 261E.6, the innovation 24 zone consortium shall pay the tuition reimbursement amount to 25 an eligible postsecondary institution as provided in section 26 261E.7. 27 5. A charter school or innovation zone school shall provide 28 instruction for at least the number of days required by section 29 279.10, subsection 1, or shall provide at least the equivalent 30 number of total hours. 31 6. Notwithstanding subsection 2, a charter school or 32 innovation zone school shall meet the requirements of section 33 256.7, subsection 21. 34 7. a. A charter school shall be considered a part of the 35 -8- LSB 5609HV (3) 83 kh/rj 8/ 16

H.F. 2033 school district in which it is located for purposes of state 1 school foundation aid pursuant to chapter 257. 2 b. Students enrolled in an innovation zone school shall 3 be counted, for state school foundation aid purposes, in the 4 student’s district of residence. 5 8. A charter school or innovation zone consortium may enter 6 into contracts in accordance with chapter 26. 7 Sec. 15. Section 256F.5, unnumbered paragraph 1, Code 2009, 8 is amended to read as follows: 9 An application to the state board for the approval of a 10 charter school or innovation zone school shall include , but 11 shall not be limited to , a description of the following: 12 Sec. 16. Section 256F.5, subsections 1, 2, 4, 6, 7, 10, 13 12, 13, 14, 15, 16, and 17, Code 2009, are amended to read as 14 follows: 15 1. The method for admission to the charter school or 16 innovation zone school . 17 2. The mission, purpose, innovation, and specialized focus 18 of the charter school or innovation zone school . 19 4. The method for appointing or forming an advisory 20 council for the charter school or innovation zone school . 21 The membership of an advisory council appointed or formed in 22 accordance with this chapter shall not include more than one 23 member of the a participating school board. 24 6. The charter school or innovation zone school governance 25 and bylaws. 26 7. The financial plan for the operation of the 27 charter school or innovation zone school including, at a 28 minimum, a listing of the support services the school district 29 or innovation zone consortium will provide, and the charter 30 school’s school or innovation zone school’s revenues, budgets, 31 and expenditures. 32 10. The organization of the school or innovation zone 33 school in terms of ages of students or grades to be taught 34 along with an estimate of the total enrollment of the 35 -9- LSB 5609HV (3) 83 kh/rj 9/ 16

H.F. 2033 charter school or innovation zone school . 1 12. A statement indicating how the charter school or 2 innovation zone school will meet the requirements of section 3 256F.1, subsection 3 as applicable ; section 256F.4, subsection 4 2, paragraph “a” ; and section 256F.4, subsection 3. 5 13. Assurance of the assumption of liability by the charter 6 school or the innovation zone consortium for the innovation 7 zone school . 8 14. The types and amounts of insurance coverage to be 9 obtained by the charter school or innovation zone consortium 10 for the innovation zone school . 11 15. A plan of operation to be implemented if the charter 12 school or innovation zone consortium revokes or fails to renew 13 its contract. 14 16. The means, costs, and plan for providing transportation 15 for students attending enrolled in the charter school or 16 innovation zone school . 17 17. The specific statutes, administrative rules, and school 18 board policies with which the charter school or innovation zone 19 school does not intend to comply. 20 Sec. 17. Section 256F.6, subsection 1, Code 2009, is amended 21 to read as follows: 22 1. a. An approved charter school or innovation zone 23 school application shall constitute an agreement, the terms 24 of which shall, at a minimum, be the terms of a four-year 25 enforceable, renewable contract between the a school board , or 26 the boards participating in an innovation zone consortium, and 27 the state board. The contract shall include an operating 28 agreement for the operation of the charter school or innovation 29 zone school . The terms of the contract may be revised at 30 any time with the approval of both the state board and the 31 school board or the boards participating in the innovation 32 zone consortium , whether or not the stated provisions of the 33 contract are being fulfilled. 34 b. A contract may be renewed by agreement of the school 35 -10- LSB 5609HV (3) 83 kh/rj 10/ 16

H.F. 2033 board or the boards participating in an innovation zone 1 consortium, as applicable, and the state board. 2 c. The charter school or innovation zone consortium shall 3 provide parents and guardians of students enrolled in the 4 charter school or innovation zone school with a copy of the 5 charter school or innovation zone school application approved 6 pursuant to section 256F.5. 7 Sec. 18. Section 256F.7, Code 2009, is amended to read as 8 follows: 9 256F.7 Employment and related matters. 10 1. A charter school or the boards participating in an 11 innovation zone consortium shall employ or contract with 12 necessary teachers and administrators, as defined in section 13 272.1, who hold a valid license with an endorsement for the 14 type of service for which the teacher or administrator is 15 employed. 16 2. The school board or innovation zone consortium, as 17 specified in the application , in consultation with the advisory 18 council, shall decide matters related to the operation of the 19 charter school or innovation zone school , including budgeting, 20 curriculum, and operating procedures. 21 3. a. Employees of a charter school shall be considered 22 employees of the school district. 23 b. Employees of an innovation zone school shall be 24 considered employees of a board participating in the innovation 25 zone consortium. 26 Sec. 19. Section 256F.8, subsections 1, 2, 3, 4, and 6, Code 27 2009, are amended to read as follows: 28 1. A contract for the establishment of a charter school 29 or innovation zone school may be revoked by the state 30 board , or the school board that established the charter 31 school , or the innovation zone consortium that established 32 the innovation zone school if the appropriate board or 33 consortium determines that one or more of the following 34 occurred: 35 -11- LSB 5609HV (3) 83 kh/rj 11/ 16

H.F. 2033 a. Failure of the charter school or innovation zone 1 school to abide by and meet the provisions set forth in the 2 contract, including educational goals. 3 b. Failure of the charter school or innovation zone 4 school to comply with all applicable law. 5 c. Failure of the charter school or innovation zone 6 school to meet generally accepted public sector accounting 7 principles. 8 d. The existence of one or more other grounds for revocation 9 as specified in the contract. 10 e. Assessment of student progress, which is administered 11 in accordance with state and locally determined indicators 12 established pursuant to rules adopted by the state board, 13 does not show improvement in student progress over that 14 which existed in the same student population prior to the 15 establishment of the charter school or the innovation zone 16 school. 17 2. The decision by a school board or an innovation zone 18 consortium to revoke or to fail to take action to renew a 19 charter school or innovation zone school contract is subject to 20 appeal under procedures set forth in chapter 290. 21 3. A school board or a board participating in an innovation 22 zone consortium that is considering revocation or nonrenewal 23 of a charter school or innovation zone school contract shall 24 notify the advisory council, the parents or guardians of the 25 students enrolled in the charter school or innovation zone 26 school , and the teachers and administrators employed by the 27 charter school or innovation zone school , sixty days prior to 28 revoking or the date by which the contract must be renewed, but 29 not later than the last day of classes in the school year. 30 4. If the state board determines that a charter school or 31 innovation zone school is in substantial violation of the terms 32 of the contract, the state board shall notify the school board 33 or innovation zone consortium and the advisory council of its 34 intention to revoke the contract at least sixty days prior to 35 -12- LSB 5609HV (3) 83 kh/rj 12/ 16

H.F. 2033 revoking a contract and the school board or the school boards 1 participating in the innovation zone consortium shall assume 2 oversight authority, operational authority, or both oversight 3 and operational authority. The notice shall state the 4 grounds for the proposed action in writing and in reasonable 5 detail. The school board or innovation zone consortium may 6 request in writing an informal hearing before the state board 7 within fourteen days of receiving notice of revocation of 8 the contract. Upon receiving a timely written request for a 9 hearing, the state board shall give reasonable notice to the 10 school board or innovation zone consortium of the hearing 11 date. The state board shall conduct an informal hearing before 12 taking final action. Final action to revoke a contract shall 13 be taken in a manner least disruptive to students enrolled in 14 the charter school or innovation zone school . The state board 15 shall take final action to revoke or approve continuation of 16 a contract by the last day of classes in the school year. If 17 the final action to revoke a contract under this section occurs 18 prior to the last day of classes in the school year, a charter 19 school or innovation zone school student may enroll in the 20 resident district. 21 6. A school board revoking a contract or a school board , 22 innovation zone consortium, or advisory council that fails 23 to renew a contract under this chapter is not liable for 24 that action to the charter school or innovation zone school , 25 a student enrolled in the charter school or innovation zone 26 school or the student’s parent or guardian, or any other 27 person. 28 Sec. 20. Section 256F.8, subsection 7, Code 2009, is amended 29 by striking the subsection. 30 Sec. 21. Section 256F.9, Code Supplement 2009, is amended 31 to read as follows: 32 256F.9 Procedures after revocation —— student enrollment. 33 If a charter school or innovation zone school contract is 34 revoked in accordance with this chapter, a nonresident student 35 -13- LSB 5609HV (3) 83 kh/rj 13/ 16

H.F. 2033 who attended the school, and any siblings of the student, 1 shall be determined to have shown “good cause” as provided in 2 section 282.18, subsection 4, paragraph “b” , and may submit an 3 application to another school district according to section 4 282.18 at any time. Applications and notices required by 5 section 282.18 shall be processed and provided in a prompt 6 manner. The application and notice deadlines in section 282.18 7 do not apply to a nonresident student application under these 8 circumstances. 9 Sec. 22. Section 256F.10, subsections 1 and 2, Code 2009, 10 are amended to read as follows: 11 1. A charter school or innovation zone school shall 12 report at least annually to the school board or innovation 13 zone consortium , advisory council, and the state board the 14 information required by the school board or innovation zone 15 consortium , advisory council, or the state board. The reports 16 are public records subject to chapter 22. 17 2. Not later than December 1 , 2003, and annually thereafter , 18 the state board shall submit a comprehensive report , with 19 findings and recommendations , to the senate and house standing 20 committees on education general assembly . The report shall 21 evaluate the state’s charter school and innovation zone 22 school programs generally, including but not limited to, an 23 evaluation of whether the pilot programs charter schools 24 and innovation zone schools are fulfilling the purposes 25 set forth in section 256F.4, subsection 2. The report also 26 shall contain, for each charter school or innovation zone 27 school , a copy of the charter school’s school or innovation 28 zone school’s mission statement, attendance statistics and 29 dropout rate, aggregate assessment test scores, projections of 30 financial stability, the number and qualifications of teachers 31 and administrators, and number of and comments on supervisory 32 visits by the department of education. 33 Sec. 23. REPEAL. Section 256F.11, Code 2009, is repealed. 34 -14- LSB 5609HV (3) 83 kh/rj 14/ 16

H.F. 2033 EXPLANATION 1 This bill relates to the approval and revocation of charter 2 schools, the establishment of innovation zone schools by 3 a consortium of two or more school districts and an area 4 education agency, and provides for the implementation of 5 interventions for lowest-achieving schools. 6 PERSISTENTLY LOWEST-ACHIEVING SCHOOLS. The bill directs the 7 director of the department of education to require a school 8 district that has one or more attendance centers identified by 9 the department as a persistently lowest-achieving school to 10 implement one or more of the interventions mandated by the U.S. 11 department of education. 12 A school district required to implement one or more 13 interventions and the employee organization representing the 14 school district’s teachers must meet at reasonable times to 15 negotiate a memorandum of understanding that contains an 16 agreement on the specific intervention to be implemented and a 17 provision stating that the terms of any collective bargaining 18 agreement between the parties shall remain in effect and 19 unaltered except as specifically agreed to in the memorandum 20 of understanding. If the parties are unable to reach an 21 agreement within 45 days, the school district and the employee 22 organization shall select an impartial and disinterested 23 person to serve as a mediator, who shall not compel the 24 parties to agree. If mediation fails, the school district 25 shall not receive any school improvement funds, under Tit. I 26 of the federal Elementary and Secondary Act of 1965, for the 27 attendance center identified as a persistently lowest-achieving 28 school. The memorandum of understanding remains in effect for 29 the period of time that an attendance center is identified as a 30 persistently lowest-achieving school unless a duration period 31 is included in the memorandum of understanding or the parties 32 mutually agree to amend the memorandum of understanding. 33 CHARTER SCHOOLS. The bill eliminates references to the 34 pilot program status of the state’s charter school law; 35 -15- LSB 5609HV (3) 83 kh/rj 15/ 16

H.F. 2033 eliminates a limitation on the number of charter schools the 1 state board of education may approve for operation; adds a 2 factor for which a charter school contract may be revoked; 3 and eliminates the future repeal of Code chapter 256F, which 4 provides for the creation or conversion of charter schools by 5 school districts. 6 The additional factor for which the state board or a 7 school board may revoke a charter school contract is when an 8 assessment of student progress administered in accordance 9 with state and locally determined indicators does not show 10 improvement in student progress over that which existed in the 11 same student population prior to establishment of the charter 12 school. 13 INNOVATION ZONES. The bill provides for the establishment 14 of innovation zone schools by two or more school districts and 15 an area education agency as part of the state’s program of 16 public education. The purpose of an innovation zone school 17 is to improve student learning. Like charter schools, an 18 innovation zone school is not required to comply with state 19 statutes, rules, or regulations applicable to a school, a 20 school board, or a school district, except those relating 21 to applicable federal, state, and local health and safety 22 requirements; civil and human rights; financial audit 23 requirements; collective bargaining and practitioner contracts; 24 professional development and practitioner evaluation; special 25 education; transportation of students; comprehensive school 26 improvement plan requirements; and core curriculum and core 27 content standards requirements. Innovation zone schools are 28 subject to the same general operating, contract, renewal and 29 revocation, and report requirements as charter schools. 30 -16- LSB 5609HV (3) 83 kh/rj 16/ 16