House File 585 - Introduced HOUSE FILE 585 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HF 124) A BILL FOR An Act relating to charter school and innovation zone school 1 approval and revocation or nonrenewal requirements under the 2 state’s system of public education. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1428HV (2) 84 kh/rj

H.F. 585 Section 1. Section 256F.1, subsection 2, Code 2011, 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 , or creating a new 5 building for a charter school . 6 Sec. 2. Section 256F.1, subsection 3, Code 2011, is amended 7 to read as follows: 8 3. The purpose of a charter school or an innovation zone 9 school established pursuant to this chapter shall be to 10 accomplish the following: allow a school board the flexibility 11 to meet the needs of all students by authorizing the school 12 board to select for its educational program options from 13 different educational programs. 14 a. Improve student learning. 15 b. Increase learning opportunities for students. 16 c. Encourage the use of different and innovative methods of 17 teaching. 18 d. Require the measurement of learning outcomes and create 19 different and innovative forms of measuring outcomes. 20 e. Establish new forms of accountability for schools. 21 f. Create new professional opportunities for teachers and 22 other educators, including the opportunity to be responsible 23 for the learning program at the school site. 24 g. Create different organizational structures for continuous 25 learner progress. 26 h. Allow greater flexibility to meet the education needs of 27 a diverse and constantly changing student population. 28 i. Allow for the allocation of resources in innovative ways 29 through implementation of specialized school budgets for the 30 benefit of the schools served. 31 Sec. 3. Section 256F.2, subsection 6, Code 2011, is amended 32 to read as follows: 33 6. “Innovation zone consortium” means a consortium of two 34 or more school districts and an area education agency in which 35 -1- LSB 1428HV (2) 84 kh/rj 1/ 9

H.F. 585 one or more of the school districts is located, that receives 1 approval to establish an innovation zone school pursuant to 2 this chapter . A consortium may also include an accredited 3 nonpublic school, a community college, the state board of 4 regents or an institution of higher education governed by 5 the board, an accredited private institution as defined in 6 section 261.9, or a private nonprofit corporation organized 7 under chapter 504. In addition, the innovation zone consortium 8 may receive technical assistance from an accredited higher 9 education institution. 10 Sec. 4. Section 256F.3, subsection 2, paragraph a, Code 11 2011, is amended to read as follows: 12 a. To receive approval to establish a charter school in 13 accordance with this chapter , the principal, teachers, or 14 parents or guardians of students at an existing public school , 15 or the administrators of an accredited nonpublic school, the 16 board of directors of a community college, the state board 17 of regents or an institution of higher education governed by 18 the board, an accredited private institution as defined in 19 section 261.9, or a private nonprofit corporation organized 20 under chapter 504 shall submit an application to the school 21 board to convert an existing attendance center to , or create 22 a new building for, a charter school. An existing attendance 23 center shall not enter into a charter school contract with 24 a school district under this chapter unless the attendance 25 center is located within the school district. The application 26 shall demonstrate the support of at least fifty percent of the 27 teachers employed at the school existing attendance center 28 on the date of the submission of the application and fifty 29 percent of the parents or guardians voting whose children are 30 enrolled at the school existing attendance center , provided 31 that a majority of the parents or guardians eligible to vote 32 participate in the ballot process, according to procedures 33 established by rules of the state board. 34 Sec. 5. Section 256F.3, subsections 4 through 8, Code 2011, 35 -2- LSB 1428HV (2) 84 kh/rj 2/ 9

H.F. 585 are amended to read as follows: 1 4. A school board shall by a majority vote approve or 2 deny an application relating to a charter school no later 3 than sixty calendar days after the application is received. 4 An application approved by a school board and subsequently 5 approved by the state board pursuant to subsection 6 shall 6 constitute, at a minimum, an agreement between the school board 7 and the charter school for the operation of the charter school. 8 A school board that denies an application for a conversion 9 to a charter school shall provide notice of denial to the 10 applicant in writing within thirty days after board action. 11 The notice shall specify the exact reasons for denial and 12 provide documentation supporting those reasons. 13 5. An applicant may appeal school board denial of the 14 applicant’s charter school application to the state board 15 in accordance with the procedures set forth in chapter 290 . 16 The state board shall affirm, modify, or reverse the school 17 board’s decision on the basis of the information provided in 18 the application indicating the ability and willingness of the 19 proposed charter school to meet the requirements of section 20 256F.1, subsection 3 , and section 256F.4 . 21 6. Upon approval of an application for the proposed 22 establishment of a charter school, the school board shall 23 submit an application for approval to establish the charter 24 school to notify the state board in accordance with section 25 256F.5 of its intention to establish a charter school. A 26 notice under this subsection shall include a description of the 27 proposed school as contained in the application . 28 7. An application submitted to the state board pursuant to 29 subsection 2 , paragraph “b” , or subsection 6 shall set forth the 30 manner in which the charter school or innovation zone school 31 will provide special instruction, in accordance with section 32 280.4 , to students who are limited English proficient. The 33 application shall set forth the manner in which the charter 34 school or innovation zone school will comply with federal and 35 -3- LSB 1428HV (2) 84 kh/rj 3/ 9

H.F. 585 state laws and regulations relating to the federal National 1 School Lunch Act and the federal Child Nutrition Act of 1966, 2 42 U.S.C. § 1751–1785, and chapter 283A . The state board shall 3 approve only those applications that meet the requirements 4 specified in section 256F.1, subsection 3 , and sections 256F.4 5 and 256F.5 . The state board may deny an application if the 6 state board deems that approval of the application is not in 7 the best interest of the affected students. 8 8. The state board shall approve not more than ten 9 innovation zone consortium applications. 10 Sec. 6. Section 256F.4, subsection 2, unnumbered paragraph 11 1, Code 2011, is amended to read as follows: 12 Although a charter school or innovation zone school may 13 elect to comply with one or more provisions of statute or 14 administrative rule, a charter school or innovation zone school 15 is exempt from all statutes and rules applicable to a school, a 16 school board, or a school district, including but not limited 17 to chapters 20 and 279, except that the charter school or 18 innovation zone school shall do all of the following: 19 Sec. 7. Section 256F.4, subsection 2, paragraph h, Code 20 2011, is amended by striking the paragraph. 21 Sec. 8. Section 256F.4, subsection 3, Code 2011, is amended 22 to read as follows: 23 3. A charter school or innovation zone school shall not 24 discriminate in its student admissions policies or practices 25 on the basis of intellectual or athletic ability, measures 26 of achievement or aptitude, or status as a person with a 27 disability. However, a charter school or innovation zone 28 school may limit admission to students who are within a 29 particular range of ages or grade levels or on any other 30 basis that would be legal if initiated by a school district , 31 including but not limited to establishing academic preparation 32 prerequisites designed to protect and promote the quality 33 and integrity of the charter school educational program . 34 Enrollment priority shall be given to the siblings of students 35 -4- LSB 1428HV (2) 84 kh/rj 4/ 9

H.F. 585 enrolled in a charter school or innovation zone school. 1 Sec. 9. Section 256F.5, unnumbered paragraph 1, Code 2011, 2 is amended to read as follows: 3 An application to the state school board for the approval 4 of a charter school or to the state board for approval of an 5 innovation zone school shall include but shall not be limited 6 to a description of the following: 7 Sec. 10. Section 256F.5, subsections 2 and 12, Code 2011, 8 are amended to read as follows: 9 2. The mission, purpose, innovation, and specialized focus 10 of the charter school or innovation zone school. 11 12. A statement indicating how the charter school or 12 innovation zone school will meet the requirements of section 13 256F.1, as applicable; section 256F.4, subsection 2 , paragraph 14 “a” ; and section 256F.4, subsection 3 . 15 Sec. 11. Section 256F.6, subsection 1, paragraphs a and b, 16 Code 2011, are amended to read as follows: 17 a. An approved charter school or innovation zone school 18 application shall constitute an agreement, the terms of which 19 shall, at a minimum, be the terms of a four-year enforceable, 20 renewable contract between a school board , or and the charter 21 school, or between the boards participating in an innovation 22 zone consortium, and the state board. The contract shall 23 include an operating agreement for the operation of the charter 24 school or innovation zone school. The terms of the contract 25 may be revised at any time with the approval of the school 26 board, or of both the state board and the school board or 27 the boards participating in the innovation zone consortium, 28 whether or not the stated provisions of the contract are being 29 fulfilled. 30 b. A charter school contract may be renewed by agreement 31 of the school board or . An innovation zone school contract 32 may be renewed by agreement of the boards participating in an 33 innovation zone consortium , as applicable, and the state board. 34 Sec. 12. Section 256F.8, subsection 1, unnumbered paragraph 35 -5- LSB 1428HV (2) 84 kh/rj 5/ 9

H.F. 585 1, Code 2011, is amended to read as follows: 1 A contract for the establishment of a charter school or 2 innovation zone school may be revoked by the state board, 3 the school board that established the charter school, by the 4 advisory council, or by the state board and the innovation zone 5 consortium that established the innovation zone school , if the 6 appropriate board or consortium determines that one or more of 7 the following occurred: 8 Sec. 13. Section 256F.8, subsection 1, paragraph e, Code 9 2011, is amended by striking the paragraph. 10 Sec. 14. Section 256F.8, subsections 2 through 5, Code 2011, 11 are amended to read as follows: 12 2. The decision by a school board , advisory council, or an 13 innovation zone consortium to revoke or to fail to take action 14 to renew a charter school or innovation zone school contract is 15 subject to appeal under procedures set forth in chapter 290 . 16 3. A school board , advisory council, or a board 17 participating in an innovation zone consortium that is 18 considering revocation or nonrenewal of a charter school or 19 innovation zone school contract shall notify the advisory 20 council, if applicable, the parents or guardians of the 21 students enrolled in the charter school or innovation zone 22 school, and the teachers and administrators employed by the 23 charter school or innovation zone school, sixty days prior to 24 revoking or the date by which the contract must be renewed, 25 but not later than the last day of classes in the school year. 26 If a school board or advisory council revokes or fails to 27 renew a contract, the school board shall assume oversight and 28 operational authority. 29 4. a. If the state board determines that a charter school 30 or an innovation zone school is in substantial violation of 31 the terms of the contract, the state board shall notify the 32 school board or innovation zone consortium and the advisory 33 council of its intention to revoke the contract at least sixty 34 days prior to revoking a contract and the school board or the 35 -6- LSB 1428HV (2) 84 kh/rj 6/ 9

H.F. 585 school boards participating in the innovation zone consortium 1 shall assume oversight authority, operational authority, or 2 both oversight and operational authority. The notice shall 3 state the grounds for the proposed action in writing and 4 in reasonable detail. The school board or innovation zone 5 consortium may request in writing an informal hearing before 6 the state board within fourteen days of receiving notice of 7 revocation of the contract. Upon receiving a timely written 8 request for a hearing, the state board shall give reasonable 9 notice to the school board or innovation zone consortium of 10 the hearing date. The state board shall conduct an informal 11 hearing before taking final action. Final action to revoke 12 a contract shall be taken in a manner least disruptive to 13 students enrolled in the charter school or innovation zone 14 school. The state board shall take final action to revoke or 15 approve continuation of a contract by the last day of classes 16 in the school year. If the final action to revoke a contract 17 under this section occurs prior to the last day of classes in 18 the school year, a charter school or innovation zone school 19 student may enroll in the resident district. 20 5. b. The decision of the state board to revoke a contract 21 under this section is solely within the discretion of the state 22 board and is final. 23 5. If the final action to revoke a contract under this 24 section occurs prior to the last day of classes in the school 25 year, a charter school or innovation zone school student may 26 enroll in the resident district. 27 EXPLANATION 28 This bill increases the number of entities that may submit an 29 application to a school board to convert an existing attendance 30 center to a public charter school or innovation zone, and 31 permits the creation of a new building for a charter school. 32 The bill eliminates the requirement that the state board of 33 education approve and enter into charter school contracts, and 34 eliminates a provision that allows the state board to revoke a 35 -7- LSB 1428HV (2) 84 kh/rj 7/ 9

H.F. 585 charter school contract. The bill makes a number of additional 1 or conforming changes to the Code chapter providing for the 2 establishment, administration, and revocation or nonrenewal of 3 public charter schools and innovation zones. 4 The bill replaces a list of purposes for which a charter 5 school or innovation zone is established to accomplish, by 6 stating that the purpose of a charter school or an innovation 7 zone shall be to allow a school board the flexibility to meet 8 the needs of all students by authorizing the school board to 9 select for its educational program options from different 10 educational programs. 11 Under the bill, a charter school applicant or innovation 12 zone consortium may include an accredited nonpublic school, a 13 community college, the state board of regents or one of its 14 universities, an accredited private postsecondary institution, 15 or a private nonprofit corporation. 16 Instead of submitting an application to the state board 17 for approval, the school board must notify the state board of 18 its intention to establish a charter school. Also eliminated 19 is the requirement that charter schools and innovation zone 20 schools be subject to and comply with Code chapter 20, relating 21 to collective bargaining, and Code chapter 279 relating to 22 contracts with and discharge of teachers and administrators. 23 The bill exempts charter schools from the requirements of Code 24 chapters 20 and 279. 25 The bill authorizes a charter school or innovation zone 26 school to establish academic preparation prerequisites designed 27 to protect and promote the quality and integrity of the charter 28 school educational program. 29 The bill eliminates the provision that authorizes revocation 30 of a contract for a failure to show improvement in student 31 progress over that which existed in the same student population 32 prior to the establishment of the charter school or the 33 innovation zone school. 34 The bill allows an advisory board to revoke a contract, 35 -8- LSB 1428HV (2) 84 kh/rj 8/ 9

H.F. 585 and if a school board or advisory council revokes or fails to 1 renew a contract, the school board shall assume oversight and 2 operational authority under the bill. If the final action to 3 revoke a contract occurs prior to the last day of classes in 4 the school year, a charter school or innovation zone school 5 student may enroll in the resident district. 6 -9- LSB 1428HV (2) 84 kh/rj 9/ 9