HF 2085 (LSB 5079YH (10) 83)

HOUSE FILE 2085

BY  TYMESON

A BILL FOR

An Act relating to charter schools and charter magnet schools, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 256F.1, subsection 2, Code 2009, is amended to read as follows:
   2.  A charter school may be established by creating a new school within an existing public school or converting an existing public school to charter status under section 256F.3, subsections 2 through 6, or by creating a charter magnet school under section 256F.3A.
    Sec. 2.  Section 256F.2, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Charter magnet school” means a charter magnet school approved by the state board of education pursuant to section 256F.3A.
    Sec. 3.  Section 256F.2, subsection 3, Code 2009, is amended to read as follows:
   3.  “Charter school” means a state public charter school operated as a pilot program pursuant to section 256F.3.
    Sec. 4.  Section 256F.3, subsection 1, Code 2009, is amended to read as follows:
   1.  The state board of education shall apply for a federal grant under Pub. L. No. 107-110, cited as the federal No Child Left Behind Act of 2001 (Title V, Part B, Subpart 1), for purposes of providing financial assistance for the planning, program design, and initial implementation of public charter schools.  However, if federal funds are no longer available for purposes of this chapter, the department may continue to approve public charter school applications. The department shall initiate a pilot program to test the effectiveness of charter schools and shall implement the applicable provisions of this chapter.
    Sec. 5.  Section 256F.3, subsection 6, Code 2009, is amended to read as follows:
   6.  Upon approval of an If a school board approves the application for the proposed establishment of a charter school submitted pursuant to this section, the school board shall submit an application for approval to establish the charter school to the state board in accordance with section 256F.3A or section 256F.5, as applicable. The application shall set forth the manner in which the charter school or the charter magnet school, as applicable, will provide special instruction, in accordance with section 280.4, to students who are limited English proficient. The application shall set forth the manner in which the charter school or the charter magnet school, as applicable, will comply with federal and state laws and regulations relating to the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. § 1751 – 1785, and chapter 283A. The state board shall approve only those applications that meet the requirements specified in section 256F.1, subsection 3, and sections 256F.4 and 256F.5. The state board may deny an application if the state board deems that approval of the application is not in the best interest of the affected students. The state board shall approve not more than twenty charter school applications. The state board shall approve not more than one charter school application per school district. The state board shall adopt rules in accordance with chapter 17A for the implementation of this chapter.
    Sec. 6.  NEW SECTION.  256F.3A  Charter magnet school.
   1.  One or more individuals; a nonprofit, governmental, or other entity or organization; or an existing charter school may apply to the state board for approval to establish a junior-senior high, or a senior high, charter magnet school. The application shall meet the requirements of subsection 2. In addition to the purposes set forth in section 256F.1, subsection 3, a charter magnet school shall provide students with a rigorous educational program with a specialized focus that will prepare students to attain a postsecondary degree. The specialized focus of the educational program shall include at least one or more of the following subject areas:
   a.  Science.
   b.  Mathematics.
   c.  Engineering.
   d.  Computer science.
   e.  Biotechnology.
   f.  International studies, emphasizing foreign languages, social sciences, and communications.
   2.  Except as otherwise provided in this chapter, a charter magnet school approved by the state board in accordance with this section is subject to the charter school provisions of section 256F.4, subsections 2 through 8, and sections 256F.5 through 256F.10.
   3.  Within fifteen days after approval of a charter magnet school application submitted pursuant to subsection 1, the applicant receiving approval shall report to the department the name of the charter magnet school applicant, the proposed charter magnet school location, and its projected enrollment.
    Sec. 7.  Section 256F.4, subsection 4, Code 2009, is amended to read as follows:
   4.  A charter school shall enroll an eligible resident student who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, students must be accepted by lot. A charter school established pursuant to section 256F.3 may enroll an eligible nonresident student who submits a timely application in accordance with the student admission policy established pursuant to section 256F.5, subsection 1.
   a.  If the a charter school established pursuant to section 256F.3 enrolls an eligible nonresident student, the charter school shall notify the school district and, if applicable, the sending district not later than March 1 of the preceding school year. Transportation for the student shall be in accordance with section 282.18, subsection 10, except as provided in paragraph “b”. The sending district shall make payments to the charter school in the manner required under section 282.18, subsection 7.
   b.  Transportation to and from a charter magnet school for a student attending the charter magnet school shall be provided by the parent or guardian without reimbursement. However, if the student meets the economic eligibility requirements established by the department and state board of education, the charter magnet school is responsible for providing transportation or paying the pro rata cost of the transportation to a parent or guardian for transporting the pupil to and from the charter magnet school, unless the charter magnet school is established by a nongovernmental entity.
    Sec. 8.  Section 256F.4, subsection 7, Code 2009, is amended to read as follows:
   7.  a.  A charter school established pursuant to section 256F.3 shall be considered a part of the school district in which it is located for purposes of state school foundation aid pursuant to chapter 257.
   b.  A student enrolled in a charter magnet school established pursuant to section 256F.3A shall be counted, for state school foundation aid purposes, in the pupil’s district of residence. A pupil’s residence, for purposes of this section, means a residence under section 282.1. The board of directors of the district of residence shall pay to the charter magnet school the state cost per pupil for the previous school year, plus any moneys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If the student enrolled in the charter magnet school is also an eligible pupil under section 261E.6, the charter magnet school shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7.
    Sec. 9.  Section 256F.4, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  9.  A charter magnet school established pursuant to section 256F.3A shall establish graduation requirements and may award diplomas to students who meet the graduation requirements established.
    Sec. 10.  Section 256F.5, subsection 4, Code 2009, is amended to read as follows:
   4.  The method for appointing or forming an advisory council for the charter school. The If the charter school is established pursuant to section 256F.3, the membership of an its advisory council appointed or formed in accordance with this chapter shall not include more than one member of the school board.
    Sec. 11.  Section 256F.6, subsections 1 and 3, Code 2009, are amended to read as follows:
   1.  An approved charter school application shall constitute an agreement, the terms of which shall, at a minimum, be the terms of a four-year enforceable, renewable contract between the school board or the charter magnet school, as appropriate, and the state board. The contract shall include an operating agreement for the operation of the charter school. The terms of the contract may be revised at any time with the approval of both the state board and the school board parties to the contract, whether or not the stated provisions of the contract are being fulfilled. The charter school shall provide parents and guardians of students enrolled in the charter school with a copy of the charter school application approved pursuant to section 256F.5.
   3.  The state board of education shall provide by rule for the ongoing review of a school board’s compliance with a contract entered into in accordance with this chapter.  The state board shall monitor and review charter school progress on the comprehensive school improvement plan, the student achievement goals, and the performance goals and objectives established by a charter school or a charter magnet school pursuant to section 256F.5.
    Sec. 12.  Section 256F.7, subsection 2, Code 2009, is amended to read as follows:
   2.  The school board or the charter magnet school, as appropriate, shall, in consultation with the advisory council, shall decide matters related to the operation of the school, including budgeting, curriculum, and operating procedures.
    Sec. 13.  Section 256F.8, subsection 1, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   A contract for the establishment of a charter school or charter magnet school may be revoked by the state board or the school board entity that established the charter school or charter magnet school if the appropriate board determines that one or more of the following occurred:
    Sec. 14.  Section 256F.8, subsections 2, 3, 4, 6, and 7, Code 2009, are amended to read as follows:
   2.  The decision by a school board the entity that established the charter school or charter magnet school to revoke or to fail to take action to renew a charter school or charter magnet school contract is subject to appeal under procedures set forth in chapter 290.
   3.  A school board An entity that established a charter school or charter magnet school under this chapter and that is considering revocation or nonrenewal of a charter school or charter magnet school contract shall notify the advisory council, the parents or guardians of the students enrolled in the charter school or charter magnet school, and the teachers and administrators employed by the charter school, or charter magnet school sixty days prior to revoking or the date by which the contract must be renewed, but not later than the last day of classes in the school year.
   4.  If the state board determines that a charter school or charter magnet school is in substantial violation of the terms of the contract, the state board shall notify the school board entity that established the charter school or charter magnet school and the school’s advisory council of its the intention to revoke the contract at least sixty days prior to revoking a contract and the school board entity shall assume oversight authority, operational authority, or both oversight and operational authority. The notice shall state the grounds for the proposed action in writing and in reasonable detail. The school board entity may request in writing an informal hearing before the state board within fourteen days of receiving notice of revocation of the contract. Upon receiving a timely written request for a hearing, the state board shall give reasonable notice to the school board entity of the hearing date. The state board shall conduct an informal hearing before taking final action. Final action to revoke a contract shall be taken in a manner least disruptive to students enrolled in the charter school or charter magnet school. The state board shall take final action to revoke or approve continuation of a contract by the last day of classes in the school year. If the final action to revoke a contract under this section occurs prior to the last day of classes in the school year, a charter school or charter magnet school student may enroll in the resident district.
   6.  A school board An entity revoking a contract, or a school board or advisory council an entity that fails to renew a contract under this chapter is not liable for that action to the charter school or charter magnet school, a student enrolled in the charter school or the student’s parent or guardian, or any other person.
   7.  In the case of a revocation or a nonrenewal of the charter, the school board entity that established the charter school or charter magnet school is exempt from the state board’s “Barker guidelines”, as provided in 1 D.P.I. App. Dec. 145 (1977).
    Sec. 15.  Section 256F.10, subsection 1, Code 2009, is amended to read as follows:
   1.  A charter school or charter magnet school shall report at least annually to the school board entity that established the charter school or charter magnet school under this chapter, the school’s advisory council, and the state board the information required by the school board entity, advisory council, or the state board. The reports are public records subject to chapter 22.
    Sec. 16.  Section 256F.11, Code 2009, is amended to read as follows:
   256F.11  Future repeal.

   This chapter is repealed effective July 1, 2011 2020.
    Sec. 17.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill authorizes the state board of education to approve applications for the establishment, by individuals or entities, of junior-senior high or senior high charter schools or charter magnet schools.
   Code chapter 256F currently provides that a charter school is a public school that is either a new school within an existing public school or an existing public school converted to charter status. The principal, teachers, or parents or guardians of students at an existing public school who wish to establish a charter school must submit an application to the board of directors of the school board and, upon receiving approval from the school board, must submit an application to the state board of education for final approval. The bill allows the department to continue to approve charter schools or charter magnet schools whether or not federal funds are available. The bill makes numerous changes to Code chapter 256F to allow for the establishment of a charter magnet school by an individual or entity and to require that a charter magnet school and its sponsor adhere to the same requirements currently established for charter schools established by school districts, with the exception of the transportation requirements.
   The bill directs the state board to monitor and review charter school or charter magnet school progress on the comprehensive school improvement plan and student achievement goals set by the charter schools or charter magnet schools.
   The bill places the responsibility for providing students with transportation to and from nongovernmental charter magnet schools on the parent or guardian. However, if the student meets low-income guidelines, a charter magnet school must provide the transportation or reimburse the parent or guardian for providing transportation unless established by a nongovernmental entity.
   Charter magnet school students are to be counted, for school foundation aid purposes, in the student’s district of residence. The school district of residence must pay to the charter magnet school the state cost per pupil and any moneys received for non-English speaking weighting for the previous school year. The charter magnet school is responsible for the tuition reimbursement amount if a student attending a charter magnet school takes courses under the postsecondary enrollment options program.
   A charter magnet school must provide students with a rigorous educational program that will prepare students to attain a postsecondary degree and establish a specialized focus on one or more of the following subjects: science; mathematics; engineering; computer science; biotechnology; and international studies, emphasizing foreign languages, social sciences, and communications. The bill permits a charter magnet school to establish graduation requirements and award diplomas to students.
   The bill takes effect upon enactment.