H.F. 2085 Section 1. Section 256F.1, subsection 2, Code 2009, is 1 amended to read as follows: 2 2. A charter school may be established by creating a new 3 school within an existing public school or converting an 4 existing public school to charter status under section 256F.3, 5 subsections 2 through 6, or by creating a charter magnet school 6 under section 256F.3A . 7 Sec. 2. Section 256F.2, Code 2009, is amended by adding the 8 following new subsection: 9 NEW SUBSECTION . 2A. “Charter magnet school” means a charter 10 magnet school approved by the state board of education pursuant 11 to section 256F.3A. 12 Sec. 3. Section 256F.2, subsection 3, Code 2009, is amended 13 to read as follows: 14 3. “Charter school” means a state public charter school 15 operated as a pilot program pursuant to section 256F.3 . 16 Sec. 4. Section 256F.3, subsection 1, Code 2009, is amended 17 to read as follows: 18 1. The state board of education shall apply for a federal 19 grant under Pub. L. No. 107-110, cited as the federal No Child 20 Left Behind Act of 2001 (Title V, Part B, Subpart 1), for 21 purposes of providing financial assistance for the planning, 22 program design, and initial implementation of public charter 23 schools. However, if federal funds are no longer available 24 for purposes of this chapter, the department may continue to 25 approve public charter school applications. The department 26 shall initiate a pilot program to test the effectiveness of 27 charter schools and shall implement the applicable provisions 28 of this chapter. 29 Sec. 5. Section 256F.3, subsection 6, Code 2009, is amended 30 to read as follows: 31 6. Upon approval of an If a school board approves 32 the application for the proposed establishment of a charter 33 school submitted pursuant to this section , the school board 34 shall submit an application for approval to establish the 35 -1- LSB 5079YH (10) 83 kh/rj 1/ 9

H.F. 2085 charter school to the state board in accordance with section 1 256F.3A or section 256F.5 , as applicable . The application 2 shall set forth the manner in which the charter school or the 3 charter magnet school, as applicable, will provide special 4 instruction, in accordance with section 280.4, to students who 5 are limited English proficient. The application shall set 6 forth the manner in which the charter school or the charter 7 magnet school, as applicable, will comply with federal and 8 state laws and regulations relating to the federal National 9 School Lunch Act and the federal Child Nutrition Act of 10 1966, 42 U.S.C. § 1751 – 1785, and chapter 283A. The state 11 board shall approve only those applications that meet the 12 requirements specified in section 256F.1, subsection 3, 13 and sections 256F.4 and 256F.5. The state board may deny 14 an application if the state board deems that approval of 15 the application is not in the best interest of the affected 16 students. The state board shall approve not more than twenty 17 charter school applications. The state board shall approve 18 not more than one charter school application per school 19 district. The state board shall adopt rules in accordance with 20 chapter 17A for the implementation of this chapter. 21 Sec. 6. NEW SECTION . 256F.3A Charter magnet school. 22 1. One or more individuals; a nonprofit, governmental, or 23 other entity or organization; or an existing charter school 24 may apply to the state board for approval to establish a 25 junior-senior high, or a senior high, charter magnet school. 26 The application shall meet the requirements of subsection 27 2. In addition to the purposes set forth in section 256F.1, 28 subsection 3, a charter magnet school shall provide students 29 with a rigorous educational program with a specialized focus 30 that will prepare students to attain a postsecondary degree. 31 The specialized focus of the educational program shall include 32 at least one or more of the following subject areas: 33 a. Science. 34 b. Mathematics. 35 -2- LSB 5079YH (10) 83 kh/rj 2/ 9

H.F. 2085 c. Engineering. 1 d. Computer science. 2 e. Biotechnology. 3 f. International studies, emphasizing foreign languages, 4 social sciences, and communications. 5 2. Except as otherwise provided in this chapter, a charter 6 magnet school approved by the state board in accordance with 7 this section is subject to the charter school provisions of 8 section 256F.4, subsections 2 through 8, and sections 256F.5 9 through 256F.10. 10 3. Within fifteen days after approval of a charter magnet 11 school application submitted pursuant to subsection 1, the 12 applicant receiving approval shall report to the department 13 the name of the charter magnet school applicant, the proposed 14 charter magnet school location, and its projected enrollment. 15 Sec. 7. Section 256F.4, subsection 4, Code 2009, is amended 16 to read as follows: 17 4. A charter school shall enroll an eligible resident 18 student who submits a timely application unless the number of 19 applications exceeds the capacity of a program, class, grade 20 level, or building. In this case, students must be accepted 21 by lot. A charter school established pursuant to section 22 256F.3 may enroll an eligible nonresident student who submits 23 a timely application in accordance with the student admission 24 policy established pursuant to section 256F.5, subsection 1. 25 a. If the a charter school established pursuant to section 26 256F.3 enrolls an eligible nonresident student, the charter 27 school shall notify the school district and , if applicable, the 28 sending district not later than March 1 of the preceding school 29 year. Transportation for the student shall be in accordance 30 with section 282.18, subsection 10 , except as provided in 31 paragraph “b” . The sending district shall make payments to the 32 charter school in the manner required under section 282.18, 33 subsection 7. 34 b. Transportation to and from a charter magnet school 35 -3- LSB 5079YH (10) 83 kh/rj 3/ 9

H.F. 2085 for a student attending the charter magnet school shall be 1 provided by the parent or guardian without reimbursement. 2 However, if the student meets the economic eligibility 3 requirements established by the department and state board 4 of education, the charter magnet school is responsible for 5 providing transportation or paying the pro rata cost of the 6 transportation to a parent or guardian for transporting the 7 pupil to and from the charter magnet school, unless the charter 8 magnet school is established by a nongovernmental entity. 9 Sec. 8. Section 256F.4, subsection 7, Code 2009, is amended 10 to read as follows: 11 7. a. A charter school established pursuant to section 12 256F.3 shall be considered a part of the school district in 13 which it is located for purposes of state school foundation aid 14 pursuant to chapter 257. 15 b. A student enrolled in a charter magnet school established 16 pursuant to section 256F.3A shall be counted, for state school 17 foundation aid purposes, in the pupil’s district of residence. 18 A pupil’s residence, for purposes of this section, means a 19 residence under section 282.1. The board of directors of the 20 district of residence shall pay to the charter magnet school 21 the state cost per pupil for the previous school year, plus any 22 moneys received for the pupil as a result of the non-English 23 speaking weighting under section 280.4, subsection 3, for the 24 previous school year multiplied by the state cost per pupil 25 for the previous year. If the student enrolled in the charter 26 magnet school is also an eligible pupil under section 261E.6, 27 the charter magnet school shall pay the tuition reimbursement 28 amount to an eligible postsecondary institution as provided in 29 section 261E.7. 30 Sec. 9. Section 256F.4, Code 2009, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 9. A charter magnet school established 33 pursuant to section 256F.3A shall establish graduation 34 requirements and may award diplomas to students who meet the 35 -4- LSB 5079YH (10) 83 kh/rj 4/ 9

H.F. 2085 graduation requirements established. 1 Sec. 10. Section 256F.5, subsection 4, Code 2009, is amended 2 to read as follows: 3 4. The method for appointing or forming an advisory 4 council for the charter school. The If the charter school 5 is established pursuant to section 256F.3, the membership of 6 an its advisory council appointed or formed in accordance with 7 this chapter shall not include more than one member of the 8 school board. 9 Sec. 11. Section 256F.6, subsections 1 and 3, Code 2009, are 10 amended to read as follows: 11 1. An approved charter school application shall constitute 12 an agreement, the terms of which shall, at a minimum, be 13 the terms of a four-year enforceable, renewable contract 14 between the school board or the charter magnet school, as 15 appropriate, and the state board. The contract shall include 16 an operating agreement for the operation of the charter school. 17 The terms of the contract may be revised at any time with the 18 approval of both the state board and the school board parties 19 to the contract , whether or not the stated provisions of the 20 contract are being fulfilled. The charter school shall provide 21 parents and guardians of students enrolled in the charter 22 school with a copy of the charter school application approved 23 pursuant to section 256F.5. 24 3. The state board of education shall provide by rule 25 for the ongoing review of a school board’s compliance with a 26 contract entered into in accordance with this chapter. The 27 state board shall monitor and review charter school progress 28 on the comprehensive school improvement plan, the student 29 achievement goals, and the performance goals and objectives 30 established by a charter school or a charter magnet school 31 pursuant to section 256F.5. 32 Sec. 12. Section 256F.7, subsection 2, Code 2009, is amended 33 to read as follows: 34 2. The school board or the charter magnet school, as 35 -5- LSB 5079YH (10) 83 kh/rj 5/ 9

H.F. 2085 appropriate, shall , in consultation with the advisory council, 1 shall decide matters related to the operation of the school, 2 including budgeting, curriculum, and operating procedures. 3 Sec. 13. Section 256F.8, subsection 1, unnumbered paragraph 4 1, Code 2009, is amended to read as follows: 5 A contract for the establishment of a charter school or 6 charter magnet school may be revoked by the state board or the 7 school board entity that established the charter school or 8 charter magnet school if the appropriate board determines that 9 one or more of the following occurred: 10 Sec. 14. Section 256F.8, subsections 2, 3, 4, 6, and 7, Code 11 2009, are amended to read as follows: 12 2. The decision by a school board the entity that 13 established the charter school or charter magnet school to 14 revoke or to fail to take action to renew a charter school 15 or charter magnet school contract is subject to appeal under 16 procedures set forth in chapter 290. 17 3. A school board An entity that established a charter 18 school or charter magnet school under this chapter and that 19 is considering revocation or nonrenewal of a charter school 20 or charter magnet school contract shall notify the advisory 21 council, the parents or guardians of the students enrolled in 22 the charter school or charter magnet school , and the teachers 23 and administrators employed by the charter school , or charter 24 magnet school sixty days prior to revoking or the date by which 25 the contract must be renewed, but not later than the last day 26 of classes in the school year. 27 4. If the state board determines that a charter school 28 or charter magnet school is in substantial violation of 29 the terms of the contract, the state board shall notify the 30 school board entity that established the charter school or 31 charter magnet school and the school’s advisory council of 32 its the intention to revoke the contract at least sixty days 33 prior to revoking a contract and the school board entity shall 34 assume oversight authority, operational authority, or both 35 -6- LSB 5079YH (10) 83 kh/rj 6/ 9

H.F. 2085 oversight and operational authority. The notice shall 1 state the grounds for the proposed action in writing and in 2 reasonable detail. The school board entity may request in 3 writing an informal hearing before the state board within 4 fourteen days of receiving notice of revocation of the 5 contract. Upon receiving a timely written request for a 6 hearing, the state board shall give reasonable notice to the 7 school board entity of the hearing date. The state board 8 shall conduct an informal hearing before taking final action. 9 Final action to revoke a contract shall be taken in a manner 10 least disruptive to students enrolled in the charter school or 11 charter magnet school . The state board shall take final action 12 to revoke or approve continuation of a contract by the last day 13 of classes in the school year. If the final action to revoke 14 a contract under this section occurs prior to the last day of 15 classes in the school year, a charter school or charter magnet 16 school student may enroll in the resident district. 17 6. A school board An entity revoking a contract , or a school 18 board or advisory council an entity that fails to renew a 19 contract under this chapter is not liable for that action to 20 the charter school or charter magnet school , a student enrolled 21 in the charter school or the student’s parent or guardian, or 22 any other person. 23 7. In the case of a revocation or a nonrenewal of the 24 charter, the school board entity that established the charter 25 school or charter magnet school is exempt from the state 26 board’s “Barker guidelines”, as provided in 1 D.P.I. App. Dec. 27 145 (1977). 28 Sec. 15. Section 256F.10, subsection 1, Code 2009, is 29 amended to read as follows: 30 1. A charter school or charter magnet school shall report at 31 least annually to the school board entity that established the 32 charter school or charter magnet school under this chapter , the 33 school’s advisory council, and the state board the information 34 required by the school board entity , advisory council, or the 35 -7- LSB 5079YH (10) 83 kh/rj 7/ 9

H.F. 2085 state board. The reports are public records subject to chapter 1 22. 2 Sec. 16. Section 256F.11, Code 2009, is amended to read as 3 follows: 4 256F.11 Future repeal. 5 This chapter is repealed effective July 1, 2011 2020 . 6 Sec. 17. EFFECTIVE DATE. This Act, being deemed of 7 immediate importance, takes effect upon enactment. 8 EXPLANATION 9 This bill authorizes the state board of education to approve 10 applications for the establishment, by individuals or entities, 11 of junior-senior high or senior high charter schools or charter 12 magnet schools. 13 Code chapter 256F currently provides that a charter school 14 is a public school that is either a new school within an 15 existing public school or an existing public school converted 16 to charter status. The principal, teachers, or parents or 17 guardians of students at an existing public school who wish 18 to establish a charter school must submit an application to 19 the board of directors of the school board and, upon receiving 20 approval from the school board, must submit an application to 21 the state board of education for final approval. The bill 22 allows the department to continue to approve charter schools 23 or charter magnet schools whether or not federal funds are 24 available. The bill makes numerous changes to Code chapter 25 256F to allow for the establishment of a charter magnet school 26 by an individual or entity and to require that a charter 27 magnet school and its sponsor adhere to the same requirements 28 currently established for charter schools established by 29 school districts, with the exception of the transportation 30 requirements. 31 The bill directs the state board to monitor and review 32 charter school or charter magnet school progress on the 33 comprehensive school improvement plan and student achievement 34 goals set by the charter schools or charter magnet schools. 35 -8- LSB 5079YH (10) 83 kh/rj 8/ 9

H.F. 2085 The bill places the responsibility for providing students 1 with transportation to and from nongovernmental charter 2 magnet schools on the parent or guardian. However, if the 3 student meets low-income guidelines, a charter magnet school 4 must provide the transportation or reimburse the parent or 5 guardian for providing transportation unless established by a 6 nongovernmental entity. 7 Charter magnet school students are to be counted, for 8 school foundation aid purposes, in the student’s district of 9 residence. The school district of residence must pay to the 10 charter magnet school the state cost per pupil and any moneys 11 received for non-English speaking weighting for the previous 12 school year. The charter magnet school is responsible for the 13 tuition reimbursement amount if a student attending a charter 14 magnet school takes courses under the postsecondary enrollment 15 options program. 16 A charter magnet school must provide students with a 17 rigorous educational program that will prepare students to 18 attain a postsecondary degree and establish a specialized 19 focus on one or more of the following subjects: science; 20 mathematics; engineering; computer science; biotechnology; and 21 international studies, emphasizing foreign languages, social 22 sciences, and communications. The bill permits a charter 23 magnet school to establish graduation requirements and award 24 diplomas to students. 25 The bill takes effect upon enactment. 26 -9- LSB 5079YH (10) 83 kh/rj 9/ 9