H.F. 2396 Section 1. NEW SECTION . 256I.1 Title. 1 This chapter shall be known and may be cited as the 2 “Innovation Schools and School Districts Act” . 3 Sec. 2. NEW SECTION . 256I.2 Findings —— intent and 4 purposes. 5 1. Findings. The general assembly finds all of the 6 following: 7 a. The state’s interests are best served by preserving local 8 flexibility and granting to the board of directors of each 9 school district the control of instruction in the schools they 10 administer. 11 b. Delivery of educational services must be tailored to 12 the specific population of students the services are intended 13 to serve, and the parents and guardians of those students 14 should have every opportunity to participate in determining the 15 educational services their children receive. 16 c. The principal and faculty employed at a public school 17 must be granted the maximum degree of flexibility possible to 18 determine the most effective and efficient manner in which to 19 meet students’ needs. 20 d. Upon adopting rules and establishing procedures for 21 the implementation of this chapter, the state board and the 22 department may implement this chapter without additional state 23 funding. 24 2. Intent. It is the intent of the general assembly to do 25 the following: 26 a. Further the goals of high-quality public education 27 throughout the state by granting the boards of directors of 28 each school district the authority to grant public schools 29 within the school district the maximum degree of flexibility 30 possible to meet the needs of individual students and the 31 communities in which the students live. 32 b. Encourage the board of directors of each school district 33 to delegate to each public school a high degree of autonomy 34 in implementing curriculum, making personnel decisions, 35 -1- LSB 5082YH (10) 83 kh/sc 1/ 19

H.F. 2396 organizing the school day, determining the most effective 1 use of resources, and generally organizing the delivery of 2 high-quality educational services, and empowering each public 3 school to tailor its services most effectively and efficiently 4 to meet the needs of the population of students it serves. 5 c. Appropriate to the department moneys sufficient to offset 6 the costs incurred by the department and the state board in 7 adopting rules and otherwise establishing the procedures for 8 implementation of this chapter. 9 3. Purposes. It is the intent of this chapter to achieve 10 the following purposes: 11 a. To grant the state’s school districts and public schools 12 greater ability to meet the educational needs of a diverse and 13 constantly changing student population. 14 b. To encourage diverse approaches to learning and education 15 within individual schools and school districts. 16 c. To improve educational performance through greater 17 individual school autonomy and managerial flexibility. 18 d. To encourage school districts, where appropriate, to 19 create and manage a portfolio of schools that meet a variety 20 of education needs, including identifying elementary, middle 21 or junior high, and high schools to collectively operate as a 22 vertically integrated innovation zone of schools. 23 e. To encourage innovation in education by providing 24 local school communities and principals with greater control 25 over levels of staffing, personnel selection and evaluation, 26 scheduling, and educational programming with the goal of 27 realizing improved student achievement. 28 f. To encourage school districts and public schools to 29 find new ways to allocate resources, including but not limited 30 to the implementation of specialized school budgets, for the 31 benefit of the students the public schools serve. 32 g. To hold public schools that receive greater autonomy 33 under this chapter accountable for student academic achievement 34 in accordance with section 256.7, subsection 21, other more 35 -2- LSB 5082YH (10) 83 kh/sc 2/ 19

H.F. 2396 specifically tailored accountability measures specified in the 1 innovation plan approved pursuant to section 256I.4, and the 2 requirements for adequate yearly progress specified under the 3 federal No Child Left Behind Act of 2001, Pub. L. No. 107-110, 4 and any applicable federal regulations adopted pursuant to the 5 federal Act. 6 Sec. 3. NEW SECTION . 256I.3 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Department” means the department of education. 10 2. “Director” means the director of the department. 11 3. “District of innovation” means a school district that 12 is designated as a district of innovation pursuant to section 13 256I.7. 14 4. “Innovation school” means a public school implementing an 15 innovation plan pursuant to section 256I.4. 16 5. “Innovation school zone” means a group of public schools 17 within a school district for which a local school board 18 implements a plan for creating an innovation school zone 19 pursuant to section 256I.4. 20 6. “Local school board” means the board of directors of a 21 school district. 22 7. “Public school” means a school building administered by a 23 principal. 24 8. “State board ” means the state board of education. 25 Sec. 4. NEW SECTION . 256I.4 Innovation plans —— submission 26 —— contents. 27 1. A public school within a school district may submit to 28 its local school board, or a local school board may develop 29 in collaboration with a public school, an innovation plan 30 as described in subsection 3. A group of public schools 31 within a school district that share common interests, such 32 as geographical location or educational focus, or that 33 sequentially serve classes of students as they progress through 34 elementary and secondary education may jointly submit to their 35 -3- LSB 5082YH (10) 83 kh/sc 3/ 19

H.F. 2396 local school board a plan to create an innovation school zone 1 as described in subsection 4. 2 2. A local school board shall receive and review each 3 innovation plan or plan for creating an innovation school zone 4 submitted pursuant to subsection 1. The local school board 5 shall either approve or disapprove the innovation plan or plan 6 for creating an innovation school zone within sixty days after 7 receiving the plan. 8 3. If the local school board rejects the plan, the local 9 school board shall provide to the public school or group of 10 public schools that submitted the plan a written explanation of 11 the basis for its decision. A public school or group of public 12 schools may resubmit a revised innovation plan or revised plan 13 for creating an innovation school zone at any time after the 14 initial plan is rejected by the local school board. 15 4. If the local school board approves the plan, it may 16 proceed to seek designation of the school district as a 17 district of innovation pursuant to section 256I.7. 18 5. A local school board may initiate and collaborate with 19 one or more public schools of the school district to create one 20 or more innovation plans as described in subsection 6, or one 21 or more plans to create innovation school zones as described 22 in subsection 7. In creating an innovation plan or a plan 23 to create an innovation school zone, the local school board 24 shall ensure that each public school that would be affected 25 by the plan has the opportunity to participate in creation 26 of the plan. A local school board may approve or create a 27 plan to create an innovation school zone that includes all 28 of the public schools of the school district. If the local 29 school board creates an innovation plan or a plan for creating 30 an innovation school zone, the local school board may seek 31 designation of the school district as a district of innovation 32 pursuant to section 256I.7. 33 6. An innovation plan shall include the following 34 information: 35 -4- LSB 5082YH (10) 83 kh/sc 4/ 19

H.F. 2396 a. A statement of the public school’s mission and why 1 designation as an innovation school would enhance the public 2 school’s ability to achieve its mission. 3 b. A description of the innovations the public school would 4 implement, including but not limited to the following: 5 (1) Innovations in school staffing. 6 (2) Curriculum and assessment. 7 (3) Class scheduling. 8 (4) Use of financial and other resources. 9 (5) Faculty recruitment, employment, evaluation, and 10 compensation. 11 c. A listing of the programs, policies, or operations within 12 the public school that would be affected by the identified 13 innovations and the manner in which the public school would be 14 affected. The programs, policies, or operations may include 15 but need not be limited to the following: 16 (1) The research-based educational program the public 17 school would implement. 18 (2) The length of school day and school year at the public 19 school. 20 (3) The student promotion and graduation policies to be 21 implemented at the public school. 22 (4) The public school’s academic achievement assessment 23 plan. 24 (5) The proposed budget for the public school. 25 (6) The proposed staffing plan for the public school. 26 d. An identification of the improvements in academic 27 performance that the public school expects to achieve in 28 implementing the innovations. 29 e. An estimate of the cost savings and increased 30 efficiencies, if any, the public school expects to achieve in 31 implementing its identified innovations. 32 f. Evidence that a majority of the administrators and a 33 majority of the teachers employed at the public school, and a 34 majority of the school district’s school improvement advisory 35 -5- LSB 5082YH (10) 83 kh/sc 5/ 19

H.F. 2396 committee consent to designation as an innovation school. 1 g. A statement of the level of support for designation as 2 an innovation school demonstrated by persons employed at the 3 public school other than those listed in paragraph “f” , the 4 students and parents of students enrolled in the public school, 5 and the community surrounding the public school. 6 h. A description of any statutory provisions or 7 administrative rules or school district policy requirements 8 that would need to be waived pursuant to section 256I.8 for the 9 public school to implement its identified innovations. 10 i. A description of any provision of the collective 11 bargaining agreement in effect for the personnel at the public 12 school that would need to be waived in accordance with section 13 256I.9 for the public school to implement its identified 14 innovations. 15 j. Any additional information required by the local school 16 board of the school district in which the innovation plan would 17 be implemented. 18 7. Each plan for creating an innovation school zone, 19 whether submitted by a group of public schools or created by 20 a local school board through collaboration with a group of 21 public schools, shall include the information specified in 22 subsection 6 for each public school that would be included in 23 the innovation school zone. A plan for creating an innovation 24 school zone shall also include the following additional 25 information: 26 a. A description of how innovations in the public schools 27 in the school innovation zone would be integrated to achieve 28 results that would be less likely to be accomplished by each 29 public school working alone. 30 b. An estimate of any economies of scale that would be 31 achieved by innovations implemented jointly by the public 32 schools within the innovation school zone. 33 c. A statement of the level of support for creating an 34 innovation school zone demonstrated by persons, other than 35 -6- LSB 5082YH (10) 83 kh/sc 6/ 19

H.F. 2396 those listed in subsection 6, paragraph “f” , employed at each 1 public school that would be included in the zone, the students 2 and parents of students enrolled in each public school that 3 would be included in the zone, and the community in which 4 the local school board would approve the innovation school 5 zone. In determining the level of support, each public school 6 shall specifically solicit input concerning the selection of 7 public schools included in the innovation school zone and the 8 strategies and procedures that would be used in implementing 9 and integrating the innovations within the public schools in 10 the zone. 11 Sec. 5. NEW SECTION . 256I.5 Areas of innovation. 12 1. In considering or creating an innovation plan or a plan 13 for creating an innovation school zone, the local school board 14 may consider but is not limited to considering the following 15 areas of innovation: 16 a. Curriculum and academic standards and assessments. 17 b. Accountability measures, including but not limited to 18 expanding the use of a variety of accountability measures to 19 more accurately present a complete measure of student learning 20 and accomplishment. The accountability measures adopted by an 21 innovation school or an innovation school zone may include but 22 need not be limited to the following: 23 (1) Use of graduation or exit examinations. 24 (2) Use of end-of-course examinations. 25 (3) Use of student portfolio reviews. 26 (4) Use of national and international accountability 27 measures such as the national assessment of educational 28 progress and the program for international student assessment. 29 (5) Measuring the percentage of students continuing into 30 higher education. 31 (6) Measuring the percentage of students simultaneously 32 obtaining a high school diploma and an associate’s degree or a 33 career and technical education certificate. 34 c. Provision of services, including but not limited to the 35 -7- LSB 5082YH (10) 83 kh/sc 7/ 19

H.F. 2396 following: 1 (1) Special education services. 2 (2) Services for gifted and talented students. 3 (3) Services for limited English proficient students. 4 (4) Educational services for students at risk of academic 5 failure, expulsion, or dropping out. 6 (5) Support services provided by the department of human 7 services or local social services agencies. 8 d. Teacher recruitment, employment, training, preparation, 9 and professional development. 10 e. Performance expectations and evaluation procedures for 11 teachers and administrators. 12 f. Compensation for teachers, principals, and other school 13 building personnel, including but not limited to performance 14 pay plans, total compensation plans, and other innovations with 15 regard to retirement and other benefits. 16 g. School governance and the roles, responsibilities, and 17 expectations of administrators in innovation schools or schools 18 within an innovation school zone. 19 h. Preparation and counseling of students for transition to 20 higher education or the work force. 21 Sec. 6. NEW SECTION . 256I.6 Innovation planning and 22 financial support. 23 Each public school and each local school board is authorized 24 to seek and accept public and private gifts, grants, and 25 donations to offset the costs of developing and implementing 26 innovation plans and plans for creating innovation school 27 zones. 28 Sec. 7. NEW SECTION . 256I.7 Innovation district designation 29 by state board. 30 1. Each local school board may seek for its school district 31 designation by the state board as a district of innovation. A 32 local school board may seek the designation on the basis of 33 one or more innovation plans or plans for creating innovation 34 school zones approved or collaboratively created by the local 35 -8- LSB 5082YH (10) 83 kh/sc 8/ 19

H.F. 2396 school board pursuant to section 256I.4. 1 2. A local school board that seeks designation as a district 2 of innovation shall submit one or more innovation plans or 3 plans for creating an innovation school zone to the director 4 for review and comment by the director and the state board. 5 Within sixty days after receiving a local school board’s plan, 6 the director and the state board shall respond to the local 7 school board with any suggested changes or additions to the 8 plan, including but not limited to suggestions for further 9 innovations or for measures to increase the likelihood that the 10 innovations will result in greater academic achievement within 11 the innovation schools or innovation school zones. Based on 12 the director’s and the state board’s comments, the local school 13 board may choose to withdraw and resubmit its innovation plan 14 or plan for creating an innovation school zone. 15 3. Within sixty days after receiving a local school board’s 16 innovation plan or plan for creating an innovation school 17 zone, the state board shall designate the local school board’s 18 school district as a district of innovation unless the state 19 board determines that the submitted plan meets either of the 20 following criteria: 21 a. The plan is likely to result in a decrease in academic 22 achievement in the innovation schools or innovation school 23 zones. 24 b. The plan is not fiscally feasible. 25 4. If the state board does not designate a school district 26 as a district of innovation, it shall provide to the local 27 school board a written explanation of the basis for its 28 decision. The local school board may resubmit a revised 29 innovation plan or plan for creating an innovation school 30 zone and seek designation of its school district as a school 31 district of innovation at any time after denial. 32 Sec. 8. NEW SECTION . 256I.8 Waiver of statutory and 33 regulatory requirements for districts of innovation. 34 1. Upon designation of a district of innovation, the state 35 -9- LSB 5082YH (10) 83 kh/sc 9/ 19

H.F. 2396 board shall waive any statutes or administrative rules adopted 1 by the state board and specified in the school district’s 2 innovation plan as the statutes or administrative rules pertain 3 to the innovation schools or innovation school zones of the 4 district of innovation, except that the state board shall not 5 waive the following: 6 a. Member benefits under chapter 97B or 294. 7 b. Administrative rules adopted to implement chapter 285. 8 c. The reporting requirements of section 256.7, subsection 9 21. 10 d. The core curriculum and core content standards 11 established pursuant to rules adopted under section 256.7, 12 subsections 26 and 28. 13 e. The federal No Child Left Behind Act of 2001, Pub. L. No. 14 107-110. 15 2. Each district of innovation shall continue to be subject 16 to all statutes and administrative rules that are not waived by 17 the state board pursuant to subsection 1. 18 3. Designation as a district of innovation shall not affect 19 a school district’s total state school foundation program 20 funding or eligibility for funding. 21 4. Each district of innovation that receives a waiver 22 pursuant to this section shall specify the manner in which 23 the innovation school or the schools within the innovation 24 school zone shall comply with the intent of the waived statutes 25 or rules and shall be accountable to the state for such 26 compliance. 27 5. If the local school board for a district of innovation 28 revises an innovation plan as provided in section 256I.10, 29 the local school board may request, and the state board shall 30 grant, except as provided in subsection 2, additional waivers 31 or changes to existing waivers as necessary to accommodate the 32 revisions to the innovation plan. 33 6. In requesting a new waiver or a change to an existing 34 waiver, the local school board shall demonstrate to the state 35 -10- LSB 5082YH (10) 83 kh/sc 10/ 19

H.F. 2396 board the consent of a majority of the teachers and a majority 1 of the administrators employed at each public school that is 2 affected by the new or changed waiver, and a majority of the 3 school district’s school improvement advisory committee. 4 7. Except as otherwise provided in subsection 5, a waiver 5 that is granted pursuant to this section shall continue to 6 apply to a public school so long as the public school continues 7 to be designated as an innovation school or included in an 8 innovation school zone. 9 Sec. 9. NEW SECTION . 256I.9 District of innovation —— 10 collective bargaining. 11 1. On and after the date on which the state board designates 12 a school district as a district of innovation, any collective 13 bargaining agreement initially entered into or renewed by 14 the local school board of the district of innovation shall 15 include a term that allows each innovation school and each 16 innovation school zone in the school district to waive any 17 provisions of the collective bargaining agreement identified 18 in the innovation plan as needing to be waived for the 19 innovation school or the innovation school zone to implement 20 its identified innovations. 21 2. For an innovation school, waiver of one or more of 22 the provisions of the collective bargaining agreement shall 23 be based on obtaining the approval, by means of a secret 24 ballot vote, of at least sixty percent of the members of the 25 collective bargaining unit who are employed at the innovation 26 school. 27 3. For an innovation school, waiver of one or more of the 28 provisions of the collective bargaining agreement shall be 29 based on obtaining, at each school included in the innovation 30 school zone, the approval of at least sixty percent of the 31 members of the collective bargaining unit who are employed at 32 the school. The innovation school zone shall seek to obtain 33 approval of the waivers through a secret ballot vote of the 34 members of the collective bargaining unit at each school 35 -11- LSB 5082YH (10) 83 kh/sc 11/ 19

H.F. 2396 included in the innovation school zone. The local school board 1 for the innovation school zone may choose to revise the plan 2 for creating an innovation school zone to remove from the zone 3 any school in which at least sixty percent of the members of 4 the collective bargaining unit employed at the school do not 5 vote to waive the identified provisions of the collective 6 bargaining agreement. 7 4. If a local school board, in collaboration with the 8 innovation school or the public schools included in the 9 innovation school zone, revises the innovation plan as provided 10 in section 256I.10 and the revisions include changes to the 11 identified provisions of the collective bargaining agreement 12 that need to be waived to implement the innovations that are 13 included in the innovation plan, the local school board shall 14 seek such additional waivers or revision or revocation of the 15 existing waivers of provisions of the collective bargaining 16 agreement as are necessary to implement the revised innovation 17 plan. Any changes to waivers, or additional waivers, of the 18 identified provisions of the collective bargaining agreement 19 shall be subject to approval in the same manner as provided 20 in subsections 2 and 3 for the initial approval of waivers of 21 provisions of the collective bargaining agreement. 22 5. Except as otherwise provided in subsection 4, waiver of 23 identified provisions of a collective bargaining agreement for 24 an innovation school or the public schools within an innovation 25 school zone pursuant to this section shall continue so long as 26 the innovation school remains an innovation school or public 27 school remains a part of the innovation school zone. A waiver 28 approved pursuant to this section shall continue to apply to 29 any substantially similar provision that is included in a new 30 or renewed collective bargaining agreement for the schools of 31 the district of innovation. 32 6. A district of innovation shall not be required to seek 33 a waiver by an innovation school or a public school in an 34 innovation school zone of any provision of the collective 35 -12- LSB 5082YH (10) 83 kh/sc 12/ 19

H.F. 2396 bargaining agreement. Each district of innovation shall 1 include in its innovation plan a statement as to whether it 2 will seek a waiver by an innovation school or the public 3 schools included in an innovation school zone of any of the 4 provisions of the collective bargaining agreement. 5 7. A person who is a member of the collective bargaining 6 unit and is employed by an innovation school or by a school 7 included in an innovation school zone may request a transfer to 8 another public school of the district of innovation. The local 9 school board shall make every reasonable effort to accommodate 10 the person’s request. 11 Sec. 10. NEW SECTION . 256I.10 Review of innovation schools 12 and innovation school zones. 13 1. Three years after the local school board of a district of 14 innovation approves an innovation plan or a plan for creating 15 an innovation school zone, and every three years thereafter, 16 the local school board shall review the level of performance of 17 the innovation school and each public school included in the 18 innovation school zone and determine whether the innovation 19 school or innovation school zone is achieving or making 20 adequate progress toward achieving the academic performance 21 results identified in the school’s or zone’s innovation plan. 22 The local school board, in collaboration with the innovation 23 school or the innovation school zone, may revise the innovation 24 plan, including but not limited to revising the identification 25 of the provisions of the collective bargaining agreement that 26 need to be waived to implement the innovations, as necessary 27 to improve or continue to improve academic performance at the 28 innovation school or innovation school zone. Any revisions to 29 the innovation plan shall require the consent of a majority 30 of the teachers and a majority of the administrators employed 31 at each affected public school and a majority of the school 32 advisory council for each affected public school. 33 2. Following review of an innovation school’s performance, 34 if a local school board finds that the academic performance of 35 -13- LSB 5082YH (10) 83 kh/sc 13/ 19

H.F. 2396 students enrolled in the innovation school is not improving 1 at a sufficient rate, the local school board may revoke the 2 school’s innovation status. 3 3. Following review of the performance of an innovation 4 school zone, if a local school board finds that the academic 5 performance of students enrolled in one or more of the public 6 schools included in the innovation school zone is not improving 7 at a sufficient rate, the local school board may remove the 8 underperforming public school or schools from the innovation 9 school zone or may revoke the designation of the innovation 10 school zone. 11 Sec. 11. NEW SECTION . 256I.11 Reporting. 12 1. The department and the state board shall monitor and 13 review the districts of innovation and on or before March 1, 14 2011, and on or before March 1 each year thereafter, shall 15 submit a report to the governor and to the general assembly 16 regarding the performance of the districts of innovation. At a 17 minimum, the annual report shall include all of the following: 18 a. The number of school districts designated as districts of 19 innovation in the preceding academic year and the total number 20 of districts of innovation in the state. 21 b. The number of innovation schools and the number of 22 innovation school zones, including the number of schools in the 23 zone, in each district of innovation and the number of students 24 served in the innovation schools and innovation school zones, 25 expressed as a total number and as a percentage of the students 26 enrolled in the district of innovation. 27 c. An overview of the innovations implemented in the 28 innovation schools and the innovation school zones in the 29 districts of innovation. 30 d. An overview of the academic performance of the students 31 served in innovation schools and innovation school zones in 32 each district of innovation, including a comparison between the 33 students’ academic performance before and since implementation 34 of the innovations. 35 -14- LSB 5082YH (10) 83 kh/sc 14/ 19

H.F. 2396 e. Any recommendations for legislative changes based on the 1 innovations implemented or to further enhance the ability of 2 local school boards to implement innovations. 3 f. Any additional information requested by the governor or a 4 member of the general assembly. 5 2. The director shall promptly post the annual report 6 submitted pursuant to this section on the department’s internet 7 site. 8 EXPLANATION 9 This bill creates a mechanism for a public school, a group 10 of public schools, or a school district to adopt an innovation 11 plan or a plan for creating an innovation school zone and 12 to submit those plans to the director of the department 13 of education and the state board of education for review. 14 Unless a plan is likely to result in a decrease in academic 15 achievement or is not fiscally feasible, the state board must 16 designate the school district as a district of innovation and 17 waive any statutes or rules specified in the innovation plan 18 except those relating to school transportation, pension and 19 annuity retirement benefits for teachers, core curriculum and 20 core content standards, and the federal No Child Left Behind 21 Act of 2001. 22 PURPOSES. The bill establishes Code chapter 256I, to 23 be known and cited as the “Innovation Schools and School 24 Districts Act”. The Code chapter includes the general 25 assembly’s findings, intent, and purposes. The purposes 26 include encouraging intentionally diverse approaches to 27 learning and education within individual school districts; 28 improving educational performance through greater individual 29 school autonomy and managerial flexibility; encouraging school 30 districts to create and manage a portfolio of schools to 31 collectively operate as a vertically integrated innovation zone 32 of schools; encouraging innovation in education by providing 33 school communities and principals with greater control over 34 levels of staffing, personnel selection and evaluation, 35 -15- LSB 5082YH (10) 83 kh/sc 15/ 19

H.F. 2396 scheduling, and educational programming with the goal of 1 achieving improved student achievement; and encouraging school 2 districts and schools to find new ways to allocate resources. 3 PLAN SUBMISSION AND PARTICIPATION. A public school within 4 a school district may submit to its school board, or a school 5 board may create in collaboration with a public school, an 6 innovation plan. A group of public schools within a school 7 district may jointly submit to their school board a plan to 8 create an innovation school zone. 9 If a school board creates a plan, it must ensure that each 10 school affected by the plan has the opportunity to participate 11 in creation of the plan. A school board may approve or create 12 a plan to create an innovation school zone that includes all of 13 the public schools of the school district. 14 PLAN APPROVAL PROCESS. The school board has 60 days to 15 review a plan submitted by a school or group of schools. If 16 it rejects a plan, it must provide to the school or group of 17 schools a written explanation of the basis for its decision, 18 and the school or group of schools may resubmit a revised plan 19 at any time after denial. If the school board approves a plan, 20 it may proceed to seek designation of the school district as a 21 district of innovation from the state board by submitting the 22 plan to the director for review and comment by the director and 23 the state board. Within 60 days, the director and state board 24 must respond to the school board with any suggested changes or 25 additions to the plan. Based on these comments, the school 26 board may choose to withdraw and resubmit a revised plan. 27 PLAN COMPONENTS. The bill includes a list of the components 28 each plan must contain, including a mission statement; a 29 description of the innovations the school would implement; a 30 listing of the programs, policies, or operational documents 31 within the school that would be affected by the identified 32 innovation and the manner in which the school would be 33 affected, such as the length of the school day and year, 34 the budget, and the staffing plan; an identification of 35 -16- LSB 5082YH (10) 83 kh/sc 16/ 19

H.F. 2396 the improvements in academic performance that the school 1 expects to achieve; an estimate of cost savings and increased 2 efficiencies, if any, the school expects to achieve; evidence 3 that a majority of the administrators, teachers, and the 4 district’s school improvement advisory committee consent to 5 designation as an innovation school; a statement of support 6 demonstrated by the other persons employed at the school, the 7 students and parents of students enrolled in the school, and 8 the community surrounding the school; a description of any 9 statutory provisions or administrative rules that would need to 10 be waived; and a description of any provision of the collective 11 bargaining agreement in effect for the personnel at the school 12 that would need to be waived. 13 A plan for creating an innovation school zone must include 14 the same components as that provided for an innovation 15 plan, and in addition must include a description of how the 16 innovations would achieve results that a school working alone 17 would be less likely to accomplish. 18 COLLECTIVE BARGAINING. On and after the date on which 19 the state board designates a school district as a district 20 of innovation, any collective bargaining agreement initially 21 entered into or renewed by the school board of the district 22 of innovation must include a term that allows each innovation 23 school and each innovation school zone in the school district 24 to waive any provisions of the collective bargaining agreement 25 identified in the plan as needing to be waived. 26 Waiver of one or more of the provisions of the collective 27 bargaining agreement must be based on obtaining the approval, 28 by means of a secret ballot vote, of at least 60 percent of 29 the members of the collective bargaining unit who are employed 30 at the affected school or at each affected school in the 31 innovation school zone. The school board may choose to revise 32 the plan to remove from the zone any school in which at least 33 60 percent of the members of the collective bargaining unit 34 employed at the school do not vote to waive the identified 35 -17- LSB 5082YH (10) 83 kh/sc 17/ 19

H.F. 2396 provisions of the collective bargaining agreement. 1 A district of innovation shall not be required to seek a 2 waiver of any provision of the collective bargaining agreement. 3 Each district of innovation must include in its plan a 4 statement as to whether it will seek a waiver of any of the 5 provisions of the collective bargaining agreement. 6 A member of the collective bargaining unit who is employed by 7 an innovation school may request a transfer to another school 8 of the district of innovation and the school board shall make 9 every reasonable effort to accommodate the person’s request. 10 POTENTIAL AREAS OF INNOVATION. The bill includes a list of 11 potential areas of innovation that schools and school districts 12 may consider. 13 FUNDING. A school district’s funding or eligibility for 14 funding is unaffected by being designated as a district of 15 innovation. Schools and school districts are authorized to 16 seek and accept public and private gifts, grants, and donations 17 to offset the costs of developing and implementing the plans. 18 COMPLIANCE WITH STATUTORY AND REGULATORY INTENT. Each 19 district of innovation that receives a waiver must specify the 20 manner in which the innovation school or the schools within 21 the innovation school zone shall comply with the intent of the 22 waived statutes or rules and shall be accountable to the state 23 for such compliance. 24 PERIODIC SCHOOL BOARD REVIEW, REVISION, AND REVOCATION. 25 Three years after a plan is approved and every three years 26 thereafter the school board must review the level of 27 performance of each innovation school and determine whether 28 each is achieving or making adequate progress toward achieving 29 the academic performance results identified in the plan. 30 If a school board finds that the academic performance of 31 students enrolled in an innovation school is not improving at 32 a sufficient rate, the school board may revoke the school’s 33 innovation status. The school board, in collaboration with 34 the affected school, may also revise the plan as necessary to 35 -18- LSB 5082YH (10) 83 kh/sc 18/ 19

H.F. 2396 improve or continue to improve academic performance at the 1 school. Any revisions to the plan require implementation of 2 the same consent process as was required to implement the 3 original plan. 4 REPORT. The department and the state board are directed to 5 monitor and review the districts of innovation and on or before 6 March 1, 2011, and on or before March 1 each year thereafter, 7 to submit a report to the governor and to the general assembly 8 regarding the performance of the districts of innovation. The 9 report must also be posted on the department’s internet site. 10 -19- LSB 5082YH (10) 83 kh/sc 19/ 19