HOUSE FILE 585

BY  COMMITTEE ON EDUCATION

(SUCCESSOR TO HF 124)

A BILL FOR

An Act  relating to charter school and innovation zone school approval and revocation or nonrenewal requirements under the state’s system of public education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 256F.1, subsection 2, Code 2011, 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, or creating a new building for a charter school.
   Sec. 2.  Section 256F.1, subsection 3, Code 2011, is amended to read as follows:
   3.  The purpose of a charter school or an innovation zone school established pursuant to this chapter shall be to accomplish the following: allow a school board the flexibility to meet the needs of all students by authorizing the school board to select for its educational program options from different educational programs.
   a.  Improve student learning.
   b.  Increase learning opportunities for students.
   c.  Encourage the use of different and innovative methods of teaching.
   d.  Require the measurement of learning outcomes and create different and innovative forms of measuring outcomes.
   e.  Establish new forms of accountability for schools.
   f.  Create new professional opportunities for teachers and other educators, including the opportunity to be responsible for the learning program at the school site.
   g.  Create different organizational structures for continuous learner progress.
   h.  Allow greater flexibility to meet the education needs of a diverse and constantly changing student population.
   i.  Allow for the allocation of resources in innovative ways through implementation of specialized school budgets for the benefit of the schools served.
   Sec. 3.  Section 256F.2, subsection 6, Code 2011, is amended to read as follows:
   6.  “Innovation zone consortium” means a consortium of two or more school districts and an area education agency in which one or more of the school districts is located, that receives approval to establish an innovation zone school pursuant to this chapter. A consortium may also include an accredited nonpublic school, a community college, the state board of regents or an institution of higher education governed by the board, an accredited private institution as defined in section 261.9, or a private nonprofit corporation organized under chapter 504. In addition, the innovation zone consortium may receive technical assistance from an accredited higher education institution.
   Sec. 4.  Section 256F.3, subsection 2, paragraph a, Code 2011, is amended to read as follows:
   a.  To receive approval to establish a charter school in accordance with this chapter, the principal, teachers, or parents or guardians of students at an existing public school, or the administrators of an accredited nonpublic school, the board of directors of a community college, the state board of regents or an institution of higher education governed by the board, an accredited private institution as defined in section 261.9, or a private nonprofit corporation organized under chapter 504 shall submit an application to the school board to convert an existing attendance center to, or create a new building for, a charter school. An existing attendance center shall not enter into a charter school contract with a school district under this chapter unless the attendance center is located within the school district. The application shall demonstrate the support of at least fifty percent of the teachers employed at the school existing attendance center on the date of the submission of the application and fifty percent of the parents or guardians voting whose children are enrolled at the school existing attendance center, provided that a majority of the parents or guardians eligible to vote participate in the ballot process, according to procedures established by rules of the state board.
   Sec. 5.  Section 256F.3, subsections 4 through 8, Code 2011, are amended to read as follows:
   4.  A school board shall by a majority vote approve or deny an application relating to a charter school no later than sixty calendar days after the application is received. An application approved by a school boardand subsequently approved by the state board pursuant to subsection 6 shall constitute, at a minimum, an agreement between the school board and the charter school for the operation of the charter school. A school board that denies an application for a conversion to a charter school shall provide notice of denial to the applicant in writing within thirty days after board action. The notice shall specify the exact reasons for denial and provide documentation supporting those reasons.
   5.  An applicant may appeal school board denial of the applicant’s charter school application to the state board in accordance with the procedures set forth in chapter 290. The state board shall affirm, modify, or reverse the school board’s decision on the basis of the information provided in the application indicating the ability and willingness of the proposed charter school to meet the requirements ofsection 256F.1, subsection 3, and section 256F.4.
   6.  Upon approval of an application for the proposed establishment of a charter school, the school board shall submit an application for approval to establish the charter school to notify the state board in accordance with section 256F.5 of its intention to establish a charter school. A notice under this subsection shall include a description of the proposed school as contained in the application.
   7.  An application submitted to the state board pursuant to subsection 2, paragraph “b”,or subsection 6 shall set forth the manner in which thecharter school or innovation zone school 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 thecharter school or innovation zone school will comply with federal and state laws and regulations relating to the federalNational 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 insection 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. 
   8.  The state board shall approve not more than ten innovation zone consortium applications.
   Sec. 6.  Section 256F.4, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   Although a charter school or innovation zone school may elect to comply with one or more provisions of statute or administrative rule, a charter school or innovation zone school is exempt from all statutes and rules applicable to a school, a school board, or a school district, including but not limited to chapters 20 and 279, except that the charter school or innovation zone school shall do all of the following:
   Sec. 7.  Section 256F.4, subsection 2, paragraph h, Code 2011, is amended by striking the paragraph.
   Sec. 8.  Section 256F.4, subsection 3, Code 2011, is amended to read as follows:
   3.  A charter school or innovation zone school shall not discriminate in its student admissions policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, or status as a person with a disability. However, a charter school or innovation zone school may limit admission to students who are within a particular range of ages or grade levels or on any other basis that would be legal if initiated by a school district, including but not limited to establishing academic preparation prerequisites designed to protect and promote the quality and integrity of the charter school educational program. Enrollment priority shall be given to the siblings of students enrolled in a charter school or innovation zone school.
   Sec. 9.  Section 256F.5, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   An application to the state school board for the approval of a charter school or to the state board for approval of an innovation zone school shall include but shall not be limited to a description of the following:
   Sec. 10.  Section 256F.5, subsections 2 and 12, Code 2011, are amended to read as follows:
   2.  The mission, purpose,innovation, and specialized focus of the charter school or innovation zone school.
   12.  A statement indicating how the charter school or innovation zone school will meet the requirements ofsection 256F.1, as applicable; section 256F.4, subsection 2, paragraph “a”; and section 256F.4, subsection 3.
   Sec. 11.  Section 256F.6, subsection 1, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  An approved charter school or innovation zone 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 a school board, or and the charter school, or between the boards participating in an innovation zone consortium, and the state board. The contract shall include an operating agreement for the operation of the charter school or innovation zone school. The terms of the contract may be revised at any time with the approval of the school board, or of both the state board and the school board or the boards participating in the innovation zone consortium, whether or not the stated provisions of the contract are being fulfilled.
   b.  A charter school contract may be renewed by agreement of the school board or. An innovation zone school contract may be renewed by agreement of the boards participating in an innovation zone consortium, as applicable, and the state board.
   Sec. 12.  Section 256F.8, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   A contract for the establishment of a charter school or innovation zone school may be revoked by the state board, the school board that established the charter school, by the advisory council, or by the state board and the innovation zone consortium that established the innovation zone school, if the appropriate board or consortium determines that one or more of the following occurred:
   Sec. 13.  Section 256F.8, subsection 1, paragraph e, Code 2011, is amended by striking the paragraph.
   Sec. 14.  Section 256F.8, subsections 2 through 5, Code 2011, are amended to read as follows:
   2.  The decision by a school board, advisory council, or an innovation zone consortium to revoke or to fail to take action to renew a charter school or innovation zone school contract is subject to appeal under procedures set forth in chapter 290.
   3.  A school board, advisory council, or a board participating in an innovation zone consortium that is considering revocation or nonrenewal of a charter school or innovation zone school contract shall notify the advisory council, if applicable, the parents or guardians of the students enrolled in the charter school or innovation zone school, and the teachers and administrators employed by the charter school or innovation zone 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.  If a school board or advisory council revokes or fails to renew a contract, the school board shall assume oversight and operational authority.
   4.
  a.  If the state board determines that a charter school or an innovation zone school is in substantial violation of the terms of the contract, the state board shall notify the school board or innovation zone consortium and the advisory council of its intention to revoke the contract at least sixty days prior to revoking a contract and the school board or the school boards participating in the innovation zone consortium 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. Theschool board or innovation zone consortium 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 theschool board or innovation zone consortium 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 thecharter school or innovation zone 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 innovation zone school student may enroll in the resident district.
   5.  b.  The decision of the state board to revoke a contract under this section is solely within the discretion of the state board and is final.
   5.  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 innovation zone school student may enroll in the resident district.
EXPLANATION
   This bill increases the number of entities that may submit an application to a school board to convert an existing attendance center to a public charter school or innovation zone, and permits the creation of a new building for a charter school. The bill eliminates the requirement that the state board of education approve and enter into charter school contracts, and eliminates a provision that allows the state board to revoke a charter school contract. The bill makes a number of additional or conforming changes to the Code chapter providing for the establishment, administration, and revocation or nonrenewal of public charter schools and innovation zones.
   The bill replaces a list of purposes for which a charter school or innovation zone is established to accomplish, by stating that the purpose of a charter school or an innovation zone shall be to allow a school board the flexibility to meet the needs of all students by authorizing the school board to select for its educational program options from different educational programs.
   Under the bill, a charter school applicant or innovation zone consortium may include an accredited nonpublic school, a community college, the state board of regents or one of its universities, an accredited private postsecondary institution, or a private nonprofit corporation.
   Instead of submitting an application to the state board for approval, the school board must notify the state board of its intention to establish a charter school. Also eliminated is the requirement that charter schools and innovation zone schools be subject to and comply with Code chapter 20, relating to collective bargaining, and Code chapter 279 relating to contracts with and discharge of teachers and administrators. The bill exempts charter schools from the requirements of Code chapters 20 and 279.
   The bill authorizes a charter school or innovation zone school to establish academic preparation prerequisites designed to protect and promote the quality and integrity of the charter school educational program. 
   The bill eliminates the provision that authorizes revocation of a contract for a failure to show improvement in student progress over that which existed in the same student population prior to the establishment of the charter school or the innovation zone school.
   The bill allows an advisory board to revoke a contract, and if a school board or advisory council revokes or fails to renew a contract, the school board shall assume oversight and operational authority under the bill. If the final action to revoke a contract occurs prior to the last day of classes in the school year, a charter school or innovation zone school student may enroll in the resident district.