Senate
File
222
-
Introduced
SENATE
FILE
222
BY
McKINLEY
A
BILL
FOR
An
Act
relating
to
the
establishment,
funding,
and
bonding
1
authority
of
public
charter
schools
and
making
an
2
appropriation.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
16.163
Authority
to
issue
public
1
charter
school
facilities
bonds
and
notes.
2
The
authority
shall
assist
a
public
charter
school
3
established
under
chapter
257A,
and
the
authority
shall
have
4
all
of
the
powers
delegated
to
it
in
a
chapter
28E
agreement
5
by
a
governing
board
of
a
public
charter
school
established
6
pursuant
to
chapter
257A,
or
a
private
developer
contracting
7
with
a
public
charter
school
established
pursuant
to
chapter
8
257A,
to
develop
a
public
charter
school
facility,
with
respect
9
to
the
issuance
or
securing
of
bonds
or
notes
as
provided
in
10
section
257A.11,
subsection
4.
11
Sec.
2.
NEW
SECTION
.
257A.1
Short
title.
12
This
chapter
may
be
cited
as
the
“Public
Charter
Schools
13
Act”
.
14
Sec.
3.
NEW
SECTION
.
257A.2
Legislative
findings
and
15
declaration
of
purpose.
16
1.
The
general
assembly
finds
and
declares
the
following:
17
a.
It
is
in
the
best
interests
of
the
people
of
the
state
18
to
provide
all
children
with
public
schools
that
reflect
high
19
expectations
and
to
create
conditions
in
all
schools
where
20
these
expectations
can
be
met.
21
b.
Education
reform
is
necessary
to
strengthen
the
22
performance
of
elementary
and
secondary
public
school
students.
23
c.
Those
who
know
students
best,
their
parents
and
24
educators,
make
the
best
education
decisions
regarding
the
25
students.
26
d.
Parents
and
educators
have
a
right
and
a
responsibility
27
to
participate
in
the
education
institutions
which
serve
Iowa’s
28
children.
29
e.
Different
students
learn
differently
and
public
school
30
programs
should
be
customized
to
fit
the
needs
of
individual
31
students.
32
f.
There
are
parents,
educators,
and
other
citizens
in
the
33
state
willing
and
able
to
offer
educational
programs
but
who
34
lack
a
channel
through
which
they
can
direct
their
efforts.
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2.
The
purpose
of
establishing
public
charter
schools
in
1
this
state
is
to
accomplish
the
following:
2
a.
Improve
student
learning
by
creating
high-quality
schools
3
with
high
standards
for
student
performance.
4
b.
Close
achievement
gaps
between
high-performing
and
5
low-performing
groups
of
public
school
students.
6
c.
Increase
high-quality
educational
opportunities
within
7
the
public
education
system
for
all
students,
especially
those
8
at
risk
of
academic
failure.
9
d.
Create
new
professional
opportunities
for
teachers,
10
school
administrators,
and
other
school
personnel
that
allow
11
them
to
have
a
direct
voice
in
the
operation
of
their
schools.
12
e.
Encourage
the
use
of
different,
high-quality
models
of
13
teaching,
governing,
scheduling,
or
other
aspects
of
schooling
14
that
meet
a
variety
of
student
needs.
15
f.
Allow
public
schools
freedom
and
flexibility
in
exchange
16
for
exceptional
levels
of
results-driven
accountability.
17
g.
Provide
students,
parents,
community
members,
and
local
18
entities
with
expanded
opportunities
for
involvement
in
the
19
public
education
system.
20
h.
Encourage
the
replication
of
successful
public
charter
21
schools.
22
3.
All
public
charter
schools
in
the
state
established
under
23
this
chapter
are
public
schools
and
are
part
of
the
state’s
24
public
education
system.
The
provisions
of
this
chapter
should
25
be
interpreted
liberally
to
support
the
findings
and
purposes
26
of
this
section
and
to
advance
a
renewed
commitment
by
the
27
state
to
the
mission,
goals,
and
diversity
of
public
education.
28
Sec.
4.
NEW
SECTION
.
257A.3
Definitions.
29
As
used
in
this
chapter,
unless
the
context
otherwise
30
requires:
31
1.
“Applicant”
means
any
person
or
group
of
persons
that
32
develops
and
submits
an
application
for
a
public
charter
school
33
to
an
authorizer.
34
2.
“Application”
means
a
proposal
from
an
applicant
to
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an
authorizer
to
enter
into
a
charter
contract
whereby
the
1
proposed
school
obtains
public
charter
school
status.
2
3.
“At-risk
student”
means
a
student
who
has
an
economic
3
or
academic
disadvantage
that
requires
special
services
and
4
assistance
to
succeed
in
educational
programs.
The
term
5
includes
but
is
not
limited
to
students
who
are
members
6
of
economically
disadvantaged
families,
students
who
are
7
identified
as
having
special
educational
needs,
students
who
8
are
limited
in
English
proficiency,
students
who
are
at
risk
9
of
dropping
out
of
high
school,
and
students
who
do
not
meet
10
minimum
standards
of
academic
proficiency.
11
4.
“Authorizer”
means
an
entity
authorized
under
this
12
chapter
to
review
applications,
decide
whether
to
approve
13
or
reject
applications,
enter
into
charter
contracts
with
14
applicants,
oversee
public
charter
schools,
and
decide
whether
15
to
renew,
not
renew,
or
revoke
charter
contracts.
16
5.
“Charter
contract”
means
a
fixed-term,
renewable
17
contract
between
a
public
charter
school
and
an
authorizer
that
18
outlines
the
roles,
powers,
responsibilities,
and
performance
19
expectations
for
each
party
to
the
contract.
20
6.
“Commission”
means
the
Iowa
public
charter
school
21
commission
created
pursuant
to
section
257A.6.
22
7.
“Conversion
public
charter
school”
means
a
charter
school
23
that
existed
as
a
noncharter
public
school
before
becoming
a
24
public
charter
school.
25
8.
“Education
service
provider”
means
a
for-profit
26
education
management
organization,
nonprofit
charter
management
27
organization,
school
design
provider,
or
any
other
partner
28
entity
with
which
a
public
charter
school
intends
to
contract
29
for
educational
design,
implementation,
or
comprehensive
30
management.
31
9.
“Governing
board”
means
the
independent
board
of
a
public
32
charter
school
that
is
party
to
the
charter
contract
with
the
33
authorizer
and
whose
members
have
been
elected
or
selected
34
pursuant
to
the
public
charter
school’s
application.
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10.
“Local
school
board”
means
a
school
board
exercising
1
management
and
control
of
a
local
school
district
pursuant
to
2
state
statutes.
3
11.
“Local
school
district”
means
a
public
agency
that
4
establishes
and
supervises
one
or
more
public
schools
within
5
its
geographical
limits
pursuant
to
state
statutes.
6
12.
“Noncharter
public
school”
means
a
public
school
that
is
7
under
the
direct
management,
governance,
and
control
of
a
local
8
school
board.
9
13.
“Parent”
means
a
parent,
guardian,
or
other
person
or
10
entity
having
legal
custody
of
a
child.
11
14.
“Public
charter
school”
means
a
public
school
12
established
under
this
chapter
that
meets
the
following
13
criteria:
14
a.
Has
autonomy
over
decisions
including
but
not
limited
to
15
matters
concerning
finance,
personnel,
scheduling,
curriculum,
16
and
instruction.
17
b.
Is
governed
by
an
independent
governing
board.
18
c.
Is
established
and
operating
under
the
terms
of
a
charter
19
contract
between
the
school’s
board
and
its
authorizer.
20
d.
Is
a
school
to
which
parents
choose
to
send
their
21
children.
22
e.
Admits
students
on
the
basis
of
a
lottery
if
more
23
students
apply
for
admission
than
can
be
accommodated.
24
f.
Provides
a
program
of
education
that
includes
one
or
25
more
of
the
following:
preschool,
prekindergarten,
any
grade
26
or
grades
from
kindergarten
through
grade
twelve,
and
adult
27
community,
continuing,
and
vocational
education
programs.
28
g.
Operates
in
pursuit
of
a
specific
set
of
educational
29
objectives
as
defined
in
its
charter
contract.
30
h.
Operates
under
the
oversight
of
its
authorizer
in
31
accordance
with
its
charter
contract.
32
15.
“Start-up
public
charter
school”
means
a
public
charter
33
school
that
did
not
exist
as
a
noncharter
public
school
prior
34
to
becoming
a
public
charter
school.
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16.
“Student”
means
any
child
who
is
eligible
for
attendance
1
in
public
schools
in
the
state.
2
17.
“Virtual
public
charter
school”
means
a
public
charter
3
school
that
offers
educational
services
predominantly
through
4
the
internet.
5
Sec.
5.
NEW
SECTION
.
257A.4
Enrollment.
6
1.
Enrollment
requirements.
Open
enrollment
and
lottery
7
requirements
are
as
follows:
8
a.
A
public
charter
school
shall
be
open
to
any
student
9
residing
in
the
state.
10
b.
A
school
district
shall
not
require
any
student
enrolled
11
in
the
school
district
to
attend
a
public
charter
school.
12
c.
A
public
charter
school
shall
not
limit
admission
based
13
on
ethnicity,
national
origin,
religion,
gender,
income
level,
14
disabling
condition,
proficiency
in
the
English
language,
or
15
academic
or
athletic
ability.
16
d.
A
public
charter
school
may
limit
admission
to
students
17
within
a
given
age
group
or
grade
level
and
may
be
organized
18
around
a
special
emphasis,
theme,
or
concept
as
stated
in
the
19
school’s
application.
20
e.
A
public
charter
school
shall
enroll
all
students
who
21
wish
to
attend
the
school,
unless
the
number
of
students
22
exceeds
the
capacity
of
a
program,
class,
grade
level,
or
23
building.
24
f.
If
capacity
is
insufficient
to
enroll
all
students
who
25
wish
to
attend
the
school,
the
public
charter
school
shall
26
select
students
through
a
lottery.
27
2.
Enrollment
preferences.
Enrollment
preferences
include
28
the
following:
29
a.
Any
noncharter
public
school
converting
partially
or
30
entirely
to
a
public
charter
school
shall
adopt
and
maintain
31
a
policy
giving
enrollment
preference
to
students
who
reside
32
within
the
former
attendance
area
of
that
public
school.
33
b.
A
public
charter
school
shall
give
enrollment
preference
34
to
students
enrolled
in
the
public
charter
school
the
previous
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school
year
and
to
siblings
of
students
already
enrolled
in
the
1
public
charter
school.
An
enrollment
preference
for
returning
2
students
excludes
those
students
from
entering
into
a
lottery.
3
c.
A
public
charter
school
may
give
enrollment
preference
to
4
children
of
a
public
charter
school’s
founders,
governing
board
5
members,
and
full-time
employees,
so
long
as
they
constitute
no
6
more
than
ten
percent
of
the
school’s
total
student
population.
7
3.
Focusing
of
mission.
This
section
does
not
preclude
8
the
formation
of
a
public
charter
school
whose
mission
is
9
focused
on
serving
students
with
disabilities,
students
of
10
the
same
gender,
students
who
pose
such
severe
disciplinary
11
problems
that
they
warrant
a
specific
educational
program,
or
12
students
who
are
at
risk
of
academic
failure.
If
capacity
is
13
insufficient
to
enroll
all
students
who
wish
to
attend
such
14
school,
the
public
charter
school
shall
select
students
through
15
a
lottery.
16
4.
Credit
transferability.
If
a
student
who
was
previously
17
enrolled
in
a
public
charter
school
enrolls
in
another
public
18
school
in
this
state,
the
student’s
new
school
shall
accept
19
credits
earned
by
the
student
in
courses
or
instructional
20
programs
at
the
public
charter
school
in
a
uniform
and
21
consistent
manner
and
according
to
the
same
criteria
that
are
22
used
to
accept
academic
credits
from
other
public
schools.
23
5.
Information
to
parents
and
the
general
public.
A
local
24
school
district
shall
provide
or
publicize
to
parents
and
25
the
general
public
information
about
public
charter
schools
26
authorized
by
the
district
as
an
enrollment
option
within
the
27
district
to
the
same
extent
and
through
the
same
means
that
the
28
district
provides
and
publicizes
information
about
noncharter
29
public
schools
in
the
district.
30
6.
Determination
of
student
capacity
of
public
charter
31
schools.
An
authorizer
shall
not
restrict
the
number
of
32
students
a
public
charter
school
may
enroll.
The
capacity
of
33
the
public
charter
school
shall
be
determined
annually
by
the
34
governing
board
of
the
public
charter
school
in
conjunction
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with
the
authorizer
and
in
consideration
of
the
public
charter
1
school’s
ability
to
facilitate
the
academic
success
of
its
2
students,
to
achieve
the
other
objectives
specified
in
the
3
charter
contract,
and
to
ensure
that
its
student
enrollment
4
does
not
exceed
the
capacity
of
its
facility
or
site.
5
Sec.
6.
NEW
SECTION
.
257A.5
Authorizers.
6
1.
Authority
to
authorize.
The
state
public
charter
school
7
commission
may
authorize
public
charter
schools
anywhere
in
the
8
state,
provided
that
the
commission
fulfills
requirements
of
9
all
public
charter
school
authorizers
under
this
chapter.
10
2.
Eligible
authorizing
entities.
The
following
eligible
11
authorizing
entities
may
register
with
the
commission:
12
a.
A
local
school
board
for
chartering
authority
within
the
13
boundaries
of
the
local
school
district
overseen
by
the
local
14
school
board.
15
b.
Governing
boards
of
accredited
public
or
private
16
postsecondary
institutions,
including
community
colleges
and
17
four-year
colleges
and
universities
for
statewide,
regional,
18
or
local
chartering
authority,
in
accordance
with
each
19
institution’s
regular
operating
jurisdiction.
20
c.
A
city
may
apply
to
the
commission
for
chartering
21
authority
within
the
city’s
jurisdiction.
22
d.
Governing
boards
of
nonprofit
or
charitable
23
organizations,
which
are
exempt
from
federal
taxes
under
24
section
501(c)(3)
or
501(c)(6)
of
the
Internal
Revenue
Code,
25
for
statewide,
regional,
or
local
chartering
authority.
26
Nonpublic
sectarian
or
religious
organizations,
and
any
other
27
charitable
organization
which
in
their
federal
IRS
Form
1023,
28
Part
IV,
describe
activities
indicating
a
religious
purpose,
29
are
not
eligible
to
apply
to
become
an
authorizer.
30
3.
Authorizer
powers,
duties,
and
liabilities.
31
a.
Authorizers
are
responsible
for
executing,
in
accordance
32
with
this
chapter,
the
following
essential
powers
and
duties:
33
(1)
Soliciting
and
evaluating
charter
applications.
34
(2)
Approving
quality
charter
applications
that
meet
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identified
educational
needs
and
promote
a
diversity
of
1
educational
choices.
2
(3)
Declining
to
approve
weak
or
inadequate
charter
3
applications.
4
(4)
Negotiating
and
executing
sound
charter
contracts
with
5
each
approved
public
charter
school.
6
(5)
Monitoring,
in
accordance
with
charter
contract
terms,
7
the
performance
and
legal
compliance
of
public
charter
schools.
8
(6)
Determining
whether
each
charter
contract
merits
9
renewal,
nonrenewal,
or
revocation.
10
b.
An
authorizing
entity
may
delegate
its
duties
to
offices,
11
employees,
and
contractors.
12
c.
Regulation
by
authorizers
shall
be
limited
to
these
13
powers
and
duties,
and
consistent
with
the
spirit
and
intent
of
14
this
chapter.
15
d.
An
authorizing
entity,
members
of
the
board
of
an
16
authorizer
in
their
official
capacity,
and
employees
of
an
17
authorizer
are
immune
from
civil
and
criminal
liability
with
18
respect
to
all
activities
related
to
a
public
charter
school
19
they
authorize.
20
4.
Principles
and
standards
for
charter
authorizing.
All
21
authorizers
shall
be
required
to
develop
and
maintain
22
chartering
policies
and
practices
consistent
with
nationally
23
recognized
principles
and
standards
for
quality
charter
24
authorizing
in
all
major
areas
of
authorizing
responsibility
25
including:
organizational
capacity
and
infrastructure;
26
soliciting
and
evaluating
charter
applications;
performance
27
contracting;
ongoing
public
charter
school
oversight
and
28
evaluation;
and
charter
renewal
decision-making.
Authorizers
29
shall
carry
out
all
their
duties
under
this
chapter
in
a
30
manner
consistent
with
such
nationally
recognized
principles
31
and
standards
and
with
the
spirit
and
intent
of
this
chapter.
32
Evidence
of
material
or
persistent
failure
to
do
so
shall
33
constitute
grounds
for
losing
charter
authorizing
powers.
34
5.
Authorizer
reporting.
Every
authorizer
shall
be
required
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to
submit
to
the
commission
and
the
general
assembly
an
annual
1
report
summarizing:
2
a.
The
authorizer’s
strategic
vision
for
chartering
and
3
progress
toward
achieving
that
vision.
4
b.
The
academic
and
financial
performance
of
all
operating
5
public
charter
schools
overseen
by
the
authorizer,
according
6
to
the
performance
expectations
for
public
charter
schools
set
7
forth
in
this
chapter.
8
c.
The
status
of
the
authorizer’s
public
charter
school
9
portfolio,
identifying
all
public
charter
schools
in
each
of
10
the
following
categories:
approved,
but
not
yet
open;
and
11
operating,
renewed,
transferred;
and
revoked,
not
renewed,
12
voluntarily
closed,
or
never
opened.
13
d.
The
authorizing
functions
provided
by
the
authorizer
14
to
the
public
charter
schools
under
its
purview,
including
15
the
authorizer’s
operating
costs
and
expenses
detailed
in
16
annual
audited
financial
statements
that
conform
with
generally
17
accepted
accounting
principles.
18
e.
The
services
purchased
from
the
authorizer
by
the
public
19
charter
schools
under
its
purview,
including
an
itemized
20
accounting
of
the
actual
costs
of
these
services,
as
required
21
in
subsection
9.
22
6.
Authorizer
funding.
23
a.
To
cover
authorizer
costs
for
overseeing
public
charter
24
schools
in
accordance
with
this
chapter,
the
commission
shall
25
remit
to
each
authorizer
an
oversight
fee
for
each
public
26
charter
school
it
authorizes.
The
oversight
fee
shall
be
drawn
27
from
and
calculated
as
a
uniform
percentage
of
the
per-student
28
operational
funding
allocated
to
each
public
charter
school
29
under
section
257A.10,
subsection
2,
not
to
exceed
three
30
percent
of
each
public
charter
school’s
per-student
funding
31
in
a
single
school
year.
The
commission
shall
establish
a
32
statewide
formula
for
authorizer
funding,
which
shall
apply
33
uniformly
to
every
authorizer
in
the
state.
The
commission
34
shall
submit
the
formula,
and
any
succeeding
amendments
to
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the
formula,
to
the
department
of
management,
the
general
1
assembly,
and
the
governor,
and
shall
provide
any
additional
2
information
required
by
the
department
of
management.
3
The
formula
shall
be
established
by
statute
prior
to
the
4
appropriation
or
distribution
of
state
funds
for
purposes
of
5
establishing
a
public
charter
school.
The
commission
may
6
establish
a
sliding
scale
for
authorizer
funding,
with
the
7
funding
percentage
decreasing
after
the
authorizer
has
achieved
8
a
certain
threshold,
such
as
after
a
certain
number
of
years
9
of
authorizing
or
after
a
certain
number
of
schools
has
been
10
authorized.
11
b.
An
authorizer’s
oversight
fee
shall
not
include
any
12
costs
incurred
in
delivering
services
that
a
public
charter
13
school
may
purchase
at
its
discretion
from
the
authorizer.
14
The
authorizer
shall
use
its
funding
provided
under
this
15
section
exclusively
for
the
purpose
of
fulfilling
authorizing
16
obligations
in
accordance
with
this
chapter.
17
c.
The
commission
shall
annually
review
the
effectiveness
of
18
the
state
formula
for
authorizer
funding,
and
shall
adjust
the
19
formula
if
necessary
to
maximize
public
benefit
and
strengthen
20
the
implementation
of
this
chapter.
21
7.
Conflicts
of
interest.
An
employee,
trustee,
agent,
22
or
representative
of
an
authorizer
shall
not
simultaneously
23
serve
as
an
employee,
trustee,
agent,
representative,
vendor,
24
or
contractor
of
a
public
charter
school
authorized
by
that
25
authorizer.
26
8.
Exclusivity
of
authorizing
functions
and
rights.
A
27
governmental
or
other
entity,
other
than
those
expressly
28
granted
chartering
authority
as
set
forth
in
this
chapter
or
29
chapter
256F,
shall
not
assume
any
charter
authorizing
function
30
or
duty
in
any
form,
unless
expressly
allowed
by
law.
31
9.
Services
purchased
from
authorizer
——
itemized
accounting.
32
a.
With
the
exception
of
oversight
services
as
required
by
33
subsection
6,
a
public
charter
school
shall
not
be
required
to
34
purchase
services
from
its
authorizer
as
a
condition
of
charter
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approval
or
of
executing
a
charter
contract,
and
any
such
1
condition
shall
not
be
implied.
2
b.
A
public
charter
school
may,
at
its
discretion,
choose
3
to
purchase
services
from
its
authorizer.
In
such
event,
the
4
public
charter
school
and
authorizer
shall
execute
an
annual
5
service
contract,
separate
from
the
charter
contract,
stating
6
the
parties’
mutual
agreement
concerning
any
services
to
be
7
provided
by
the
authorizer
and
any
service
fees
to
be
charged
8
to
the
public
charter
school.
An
authorizer
shall
not
charge
9
more
than
market
rates
for
services
provided
to
a
public
10
charter
school.
11
c.
Within
thirty
days
after
the
end
of
each
fiscal
year,
12
an
authorizer
shall
provide
to
each
public
charter
school
it
13
oversees
an
itemized
accounting
of
the
actual
costs
of
services
14
purchased
by
the
public
charter
school
from
the
authorizer.
15
Any
difference
between
the
amount
initially
charged
to
the
16
public
charter
school
and
the
actual
cost
shall
be
reconciled
17
and
paid
to
the
owed
party.
If
either
party
disputes
the
18
itemized
accounting,
any
charges
included
in
such
accounting,
19
or
charges
to
either
party,
the
disputing
party
is
entitled
to
20
request
a
third-party
review
at
its
own
expense.
The
review
21
shall
be
conducted
by
the
commission,
whose
determination
shall
22
be
final.
23
Sec.
7.
NEW
SECTION
.
257A.6
Iowa
public
charter
school
24
commission.
25
1.
An
Iowa
public
charter
school
commission
is
created
as
an
26
independent
state
agency
with
statewide
chartering
jurisdiction
27
and
authority.
28
2.
The
mission
of
the
commission
shall
be
to
authorize
29
high-quality
public
charter
schools
throughout
the
state,
30
particularly
schools
designed
to
expand
opportunities
for
31
at-risk
students,
consistent
with
the
purposes
of
this
chapter.
32
3.
The
commission
shall
consist
of
nine
members
serving
33
three-year
terms.
Five
members
shall
be
appointed
by
the
34
governor;
one
member
shall
be
appointed
by
the
president
of
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the
senate
after
consultation
with
the
majority
leader;
one
1
member
shall
be
appointed
by
the
minority
leader
of
the
senate;
2
one
member
shall
be
appointed
by
the
speaker
of
the
house
3
of
representatives;
and
one
member
shall
be
appointed
by
the
4
minority
leader
of
the
house
of
representatives.
A
member
5
shall
not
serve
more
than
seven
consecutive
years.
In
making
6
the
appointments,
the
governor,
the
president
of
the
senate,
7
the
speaker
of
the
house
of
representatives,
and
the
respective
8
minority
leaders
shall
ensure
statewide
geographic
diversity
9
among
commission
members.
10
4.
Members
appointed
to
the
commission
shall
collectively
11
possess
strong
experience
and
expertise
in
public
and
12
nonprofit
governance,
management
and
finance,
public
school
13
leadership,
assessment,
and
curriculum
and
instruction,
and
14
public
education
law.
All
members
of
the
commission
shall
15
have
demonstrated
understanding
of
and
commitment
to
charter
16
schooling
as
a
strategy
for
strengthening
public
education.
17
5.
Notwithstanding
subsection
3,
to
establish
staggered
18
terms
of
office,
the
governor
and
the
senate
and
house
19
of
representatives
appointing
authorities
as
provided
in
20
subsection
3
shall
each
collectively
appoint
three
members
to
21
an
initial
term
of
one
year,
three
members
to
an
initial
term
22
of
two
years,
and
three
members
to
an
initial
term
of
three
23
years.
The
initial
appointments
shall
be
made
no
later
than
24
May
1,
2012.
This
subsection
is
repealed
July
1,
2015.
25
6.
A
member
of
the
commission
may
be
removed
for
any
cause
26
that
renders
the
member
incapable
or
unfit
to
discharge
the
27
duties
of
the
office.
Whenever
a
vacancy
on
the
commission
28
exists,
the
original
appointing
authority
shall
appoint
a
29
member
for
the
remaining
portion
of
the
term.
30
7.
The
commission
may
receive
and
expend
gifts,
grants,
31
and
donations
of
any
kind
from
any
public
or
private
entity
to
32
carry
out
the
purposes
of
this
chapter,
subject
to
the
terms
33
and
conditions
under
which
they
are
given,
provided
that
all
34
such
terms
and
conditions
are
permissible
under
law.
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8.
The
commission
shall
operate
with
dedicated
resources
1
and
staff
qualified
to
execute
the
day-to-day
responsibilities
2
of
public
charter
school
authorizing
in
accordance
with
this
3
chapter.
4
9.
Chartering
authority
registration
of
local
school
boards.
5
a.
The
commission
shall
publicize
to
all
local
school
boards
6
the
opportunity
to
register
with
the
state
for
chartering
7
authority
within
the
local
school
districts
they
oversee.
By
8
October
1
annually,
the
commission
shall
provide
information
9
about
the
opportunity,
including
a
registration
deadline,
to
10
all
local
school
boards.
To
register
as
a
charter
authorizer
11
in
its
local
school
district,
each
interested
local
school
12
board
shall
submit
the
following
information
in
a
format
to
be
13
established
by
the
commission:
14
(1)
Written
notification
of
intent
to
serve
as
a
charter
15
authorizer
in
accordance
with
this
chapter.
16
(2)
An
explanation
of
the
local
school
board’s
strategic
17
vision
for
chartering.
18
(3)
An
explanation
of
the
local
school
board’s
budget
and
19
personnel
capacity
and
commitment
to
execute
the
duties
of
20
quality
charter
authorizing,
in
accordance
with
this
chapter.
21
(4)
An
explanation
of
how
the
local
school
board
will
22
solicit
public
charter
school
applicants,
in
accordance
with
23
this
chapter.
24
(5)
A
description
or
outline
of
the
performance
framework
25
the
local
school
board
will
use
to
guide
the
establishment
of
a
26
charter
contract
and
for
ongoing
oversight
and
evaluation
of
27
public
charter
schools,
consistent
with
the
requirements
of
28
this
chapter.
29
(6)
A
draft
of
the
local
school
board’s
renewal,
revocation,
30
and
nonrenewal
processes,
consistent
with
section
257A.8,
31
subsection
3.
32
(7)
A
statement
of
assurance
that
the
local
school
board
33
commits
to
serving
as
a
charter
authorizer
in
fulfillment
of
34
the
expectations,
spirit,
and
intent
of
this
chapter,
and
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will
fully
participate
in
any
authorizer
training
provided
or
1
required
by
the
state.
2
b.
Within
sixty
days
of
receipt
of
a
local
school
board’s
3
duly
submitted
registration
materials,
the
commission
shall
4
register
the
local
school
board
as
a
charter
authorizer
5
within
the
local
school
board’s
local
school
district,
and
6
shall
provide
the
local
school
board
a
letter
confirming
its
7
registration
as
a
charter
authorizer.
A
local
school
board
8
shall
not
engage
in
any
charter-authorizing
functions
without
9
current
registration
as
a
charter
authorizer
with
the
state.
10
Once
registered,
the
local
school
board’s
registration
as
a
11
charter
authorizer
shall
continue
from
year
to
year,
provided
12
that
the
local
school
board
fulfills
all
charter-authorizing
13
duties
and
expectations
set
forth
in
this
chapter
and
remains
14
an
authorizer
in
good
standing
with
the
commission.
15
10.
Chartering
authority
application
for
eligible
entities.
16
a.
The
commission
shall
establish
the
annual
application
17
and
approval
process,
including
cycles
and
deadlines
during
the
18
fiscal
year,
for
all
entities
eligible
to
apply
for
chartering
19
authority.
By
December
1
of
each
year,
the
commission
shall
20
make
available
information
and
guidelines
for
all
eligible
21
entities
concerning
the
opportunity
to
apply
for
chartering
22
authority
under
this
chapter.
The
application
process
23
shall
require
each
interested
eligible
entity
to
submit
an
24
application
that
clearly
explains
or
presents
the
following
25
elements:
26
(1)
Written
notification
of
intent
to
serve
as
a
charter
27
authorizer
in
accordance
with
this
chapter.
28
(2)
The
applicant
entity’s
strategic
vision
for
chartering.
29
(3)
A
plan
to
support
the
vision
presented,
including
30
explanation
and
evidence
of
the
applicant
entity’s
budget
31
and
personnel
capacity
and
commitment
to
execute
the
32
responsibilities
of
quality
charter
authorizing,
in
accordance
33
with
this
chapter.
34
(4)
A
draft
or
preliminary
outline
of
the
request
for
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proposals
that
the
applicant
entity
would,
if
approved
as
a
1
charter
authorizer,
issue
to
solicit
public
charter
school
2
applicants,
consistent
with
section
257A.7,
subsection
1.
3
(5)
A
draft
of
the
performance
framework
that
the
applicant
4
entity
would,
if
approved
as
a
charter
authorizer,
use
to
5
guide
the
establishment
of
a
charter
contract
and
for
ongoing
6
oversight
and
evaluation
of
public
charter
schools,
consistent
7
with
the
requirements
of
this
chapter.
8
(6)
A
draft
of
the
applicant
entity’s
renewal,
revocation,
9
and
nonrenewal
processes,
consistent
with
section
257A.8,
10
subsection
3.
11
(7)
A
statement
of
assurance
that
the
applicant
entity
12
seeks
to
serve
as
a
charter
authorizer
in
fulfillment
of
the
13
expectations,
spirit,
and
intent
of
this
chapter,
and
that
14
if
approved
as
a
charter
authorizer,
the
entity
will
fully
15
participate
in
any
authorizer
training
provided
or
required
by
16
the
state.
17
(8)
A
statement
of
assurance
that
the
applicant
will
18
ensure
public
accountability
and
transparency
in
all
matters
19
concerning
their
charter-authorizing
practices,
decisions,
and
20
expenditures.
21
b.
By
February
1
of
each
year,
the
commission
shall
22
decide
whether
to
grant
or
deny
chartering
authority
to
each
23
applicant.
The
commission
shall
make
its
decisions
on
the
24
merits
of
each
applicant’s
proposal
and
plans.
25
c.
Within
thirty
days
of
the
commission’s
decision,
the
26
commission
shall
execute
a
renewable
authorizing
contract
with
27
each
entity
it
has
approved
for
chartering
authority.
The
28
initial
term
of
each
authorizing
contract
shall
be
six
years.
29
The
authorizing
contract
shall
specify
each
approved
entity’s
30
agreement
to
serve
as
a
charter
authorizer
in
accordance
with
31
the
expectations
of
this
chapter,
and
shall
specify
additional
32
performance
terms
based
on
the
applicant’s
proposal
and
plan
33
for
chartering.
An
approved
entity
shall
not
commence
charter
34
authorizing
without
an
authorizing
contract
in
effect.
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11.
Oversight
of
public
charter
school
authorizers.
1
a.
The
commission
shall
be
responsible
for
overseeing
the
2
performance
and
effectiveness
of
all
authorizers
established
3
under
this
chapter.
4
b.
In
accordance
with
section
257A.5,
subsection
5,
every
5
authorizer
shall
be
required
to
submit
to
the
commission
and
6
the
general
assembly
an
annual
report.
The
commission
shall,
7
by
February
1
annually,
communicate
to
every
authorizer
the
8
requirements
for
the
format,
content,
and
submission
of
the
9
annual
report.
10
c.
Persistently
unsatisfactory
performance
of
an
11
authorizer’s
portfolio
of
public
charter
schools,
a
pattern
12
of
well-founded
complaints
about
the
authorizer
or
its
public
13
charter
schools,
or
other
objective
circumstances
may
trigger
a
14
special
review
by
the
commission.
In
reviewing
or
evaluating
15
the
performance
of
authorizers
the
commission
shall
apply
16
nationally
recognized
principles
and
standards
for
quality
17
charter
authorizing.
If
at
any
time
the
commission
finds
that
18
an
authorizer
is
not
in
compliance
with
an
existing
charter
19
contract,
its
authorizing
contract
with
the
commission,
or
20
the
requirements
of
all
authorizers
under
this
chapter,
the
21
commission
shall
notify
the
authorizer
in
writing
of
the
22
identified
problems,
and
the
authorizer
shall
have
reasonable
23
opportunity
to
respond
and
remedy
the
problems.
24
d.
If
a
local
school
board
registered
as
an
authorizer
under
25
subsection
9
persists
in
violating
a
material
provision
of
a
26
charter
contract
or
fails
to
remedy
other
authorizing
problems
27
after
due
notice
from
the
commission,
the
commission
shall
28
notify
the
local
school
board,
within
a
reasonable
amount
of
29
time
under
the
circumstances,
that
it
intends
to
terminate
the
30
local
school
board’s
chartering
authority
unless
the
local
31
school
board
demonstrates
a
timely
and
satisfactory
remedy
for
32
the
violation
or
deficiencies.
33
e.
If
an
authorizer
granted
chartering
authority
under
34
subsection
10
persists,
after
due
notice
from
the
commission,
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in
violating
a
material
provision
of
a
charter
contract
or
1
its
authorizing
contract
with
the
commission,
or
fails
to
2
remedy
other
identified
authorizing
problems,
the
commission
3
shall
notify
the
authorizer,
within
a
reasonable
amount
4
of
time
under
the
circumstances,
that
it
intends
to
revoke
5
the
authorizer’s
chartering
authority
unless
the
authorizer
6
demonstrates
a
timely
and
satisfactory
remedy
for
the
violation
7
or
deficiencies.
8
f.
In
the
event
of
revocation
of
any
authorizer’s
chartering
9
authority,
the
commission
shall
manage
the
timely
and
orderly
10
transfer
of
each
charter
contract
held
by
that
authorizer
to
11
another
authorizer
in
the
state,
with
the
mutual
agreement
12
of
each
affected
public
charter
school
and
proposed
new
13
authorizer.
The
new
authorizer
shall
assume
the
existing
14
charter
contract
for
the
remainder
of
the
charter
term.
15
Sec.
8.
NEW
SECTION
.
257A.7
Application
process.
16
1.
Request
for
proposals.
17
a.
To
solicit,
encourage,
and
guide
the
development
of
18
quality
public
charter
school
applications,
every
authorizer
19
operating
under
this
chapter
shall
issue
and
broadly
publicize
20
a
request
for
proposals
by
August
1.
The
content
and
21
dissemination
of
the
request
for
proposals
shall
be
consistent
22
with
the
purposes
and
requirements
of
this
chapter.
23
b.
Charter
applicants
may
submit
a
proposal
for
a
particular
24
public
charter
school
to
no
more
than
one
authorizer
at
a
time.
25
c.
The
commission
shall
annually
establish
and
disseminate
26
a
statewide
timeline
for
charter
approval
or
denial
decisions,
27
which
shall
apply
to
all
authorizers
in
the
state.
28
d.
Each
authorizer’s
request
for
proposals
shall
present
the
29
authorizer’s
strategic
vision
for
chartering,
including
a
clear
30
statement
of
any
preferences
the
authorizer
wishes
to
grant
to
31
applications
that
assist
at-risk
students.
32
e.
The
request
for
proposals
shall
include
or
otherwise
33
direct
applicants
to
the
performance
framework
that
the
34
authorizer
has
developed
for
public
charter
school
oversight
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and
evaluation
in
accordance
with
section
257A.8,
subsection
1.
1
f.
The
request
for
proposals
shall
include
the
criteria
2
that
will
guide
the
authorizer’s
decision
to
approve
or
deny
3
a
charter
application.
4
g.
The
request
for
proposals
shall
state
clear,
5
appropriately
detailed
questions
as
well
as
guidelines
6
concerning
the
format
and
content
essential
for
applicants
to
7
demonstrate
the
capacities
necessary
to
establish
and
operate
a
8
successful
public
charter
school.
9
h.
The
request
for
proposals
shall
require
charter
10
applications
to
provide
or
describe
thoroughly,
and
each
11
charter
application
shall
provide
or
describe
thoroughly,
all
12
of
the
following
essential
elements
of
the
proposed
school
13
plan:
14
(1)
An
executive
summary.
15
(2)
The
mission
and
vision
of
the
proposed
public
charter
16
school,
including
identification
of
the
targeted
student
17
population
and
the
community
the
school
hopes
to
serve.
18
(3)
The
location
or
geographic
area
proposed
for
the
school.
19
(4)
The
grades
to
be
served
each
year
for
the
full
term
of
20
the
charter
contract.
21
(5)
Minimum,
planned,
and
maximum
enrollment
per
grade
per
22
year
for
the
term
of
the
charter
contract.
23
(6)
Evidence
of
need
and
community
support
for
the
proposed
24
public
charter
school.
25
(7)
Background
information
on
the
proposed
founding
26
governing
board
members
and,
if
identified,
the
proposed
school
27
leadership
and
management
team.
28
(8)
The
school’s
proposed
calendar
and
sample
daily
29
schedule.
30
(9)
A
description
of
the
academic
program
aligned
with
31
the
comprehensive
school
improvement
plan
and
reporting
32
requirements
of
section
256.7,
subsection
21;
the
core
33
curriculum
established
pursuant
to
section
256.7,
subsection
34
26;
the
core
content
standards
established
pursuant
to
section
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256.7,
subsection
28;
and
the
state
educational
standards
1
pursuant
to
section
256.11.
2
(10)
A
description
of
the
school’s
instructional
design,
3
including
the
type
of
learning
environment,
class
size
and
4
structure,
curriculum
overview,
and
teaching
methods.
5
(11)
The
school’s
plan
for
using
internal
and
external
6
assessments
to
measure
and
report
student
progress
on
the
7
performance
framework
developed
by
the
authorizer
in
accordance
8
with
section
257A.8,
subsection
1.
9
(12)
The
school’s
plans
for
identifying
and
successfully
10
serving
students
with
disabilities,
children
requiring
special
11
education
pursuant
to
chapter
256B,
students
who
are
English
12
language
learners,
students
who
are
academically
behind,
and
13
gifted
students,
including
but
not
limited
to
compliance
with
14
applicable
laws
and
rules.
15
(13)
A
description
of
cocurricular
or
extracurricular
16
programs
and
how
they
will
be
funded
and
delivered.
17
(14)
Plans
and
timelines
for
student
recruitment
and
18
enrollment,
including
lottery
procedures.
19
(15)
The
school’s
student
discipline
policies,
including
20
those
for
children
requiring
special
education
as
defined
in
21
section
256B.2,
subsection
1,
paragraph
“a”
.
22
(16)
An
organization
chart
that
clearly
presents
the
public
23
charter
school’s
organizational
structure,
including
lines
of
24
authority
and
reporting
between
the
governing
board,
staff,
25
any
related
advisory
bodies
or
councils,
and
any
external
26
organizations
that
will
play
a
role
in
managing
the
school.
27
(17)
A
clear
description
of
the
roles
and
responsibilities
28
for
the
governing
board,
the
public
charter
school’s
leadership
29
and
management
team,
and
any
other
entities
shown
in
the
30
organization
chart.
31
(18)
A
staffing
chart
for
the
public
charter
school’s
first
32
year,
and
a
staffing
plan
for
the
term
of
the
charter.
33
(19)
Plans
for
recruiting
and
developing
public
charter
34
school
leadership
and
staff.
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(20)
The
public
charter
school’s
leadership
and
teacher
1
employment
policies,
including
performance
evaluation
plans.
2
(21)
Proposed
governing
bylaws.
3
(22)
Explanations
of
any
partnerships
or
contractual
4
relationships
central
to
the
public
charter
school’s
operations
5
or
mission.
6
(23)
The
public
charter
school’s
plans
for
providing
7
transportation,
food
service,
and
all
other
significant
8
operational
or
ancillary
services.
9
(24)
Opportunities
and
expectations
for
parent
involvement.
10
(25)
A
detailed
public
charter
school
start-up
plan,
11
identifying
tasks,
timelines,
and
responsible
individuals.
12
(26)
Description
of
the
public
charter
school’s
financial
13
plan
and
policies,
including
financial
controls
and
audit
14
requirements.
15
(27)
A
description
of
the
insurance
coverage
the
public
16
charter
school
will
obtain.
17
(28)
Start-up
and
five-year
budgets
with
clearly
stated
18
assumptions.
19
(29)
Start-up
and
first-year
cash-flow
projections
with
20
clearly
stated
assumptions.
21
(30)
Evidence
of
anticipated
fund-raising
contributions,
22
if
claimed
in
the
application.
23
(31)
A
sound
facilities
plan,
including
backup
or
24
contingency
plans
if
appropriate.
25
i.
In
the
case
of
an
application
to
establish
a
public
26
charter
school
by
converting
an
existing
noncharter
public
27
school
to
public
charter
school
status,
the
request
for
28
proposals
shall
additionally
require
the
applicants
to
29
demonstrate
support
for
the
proposed
public
charter
school
30
conversion
by
a
petition
signed
by
a
majority
of
teachers
and
31
a
petition
signed
by
a
majority
of
parents
of
students
in
the
32
existing
noncharter
public
school.
33
j.
In
the
case
of
a
proposal
to
establish
a
virtual
public
34
charter
school,
the
request
for
proposals
shall
additionally
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require
the
applicants
to
describe
the
proposed
virtual
public
1
charter
school’s
system
of
course
credits
and
how
the
school
2
will
do
the
following:
3
(1)
Monitor
and
verify
full-time
student
enrollment,
4
student
participation
in
a
full
course
load,
credit
accrual,
5
and
course
completion.
6
(2)
Monitor
and
verify
student
progress
and
performance
7
in
each
course
through
regular,
proctored
assessments
and
8
submissions
of
coursework.
9
(3)
Conduct
parent-teacher
conferences.
10
(4)
Administer
state-required
assessments
to
all
students
11
in
a
proctored
setting.
12
k.
In
the
case
of
a
proposed
public
charter
school
that
13
intends
to
contract
with
an
education
service
provider
for
14
substantial
educational
services,
management
services,
or
both
15
types
of
services,
the
request
for
proposals
shall
additionally
16
require
the
applicants
to
do
the
following:
17
(1)
Provide
evidence
of
the
education
service
provider’s
18
success
in
serving
student
populations
similar
to
the
targeted
19
population,
including
demonstrated
academic
achievement
as
well
20
as
successful
management
of
nonacademic
school
functions
if
21
applicable.
22
(2)
Provide
a
term
sheet
setting
forth
the
proposed
23
duration
of
the
service
contract;
roles
and
responsibilities
24
of
the
governing
board,
the
school
staff,
and
the
service
25
provider;
scope
of
services
and
resources
to
be
provided
26
by
the
education
service
provider;
performance
evaluation
27
measures
and
timelines;
compensation
structure,
including
clear
28
identification
of
all
fees
to
be
paid
to
the
education
service
29
provider;
methods
of
contract
oversight
and
enforcement;
30
investment
disclosure;
and
conditions
for
renewal
and
31
termination
of
the
contract.
32
(3)
Disclose
and
explain
any
existing
or
potential
33
conflicts
of
interest
between
the
public
charter
school
34
governing
board
and
the
proposed
education
service
provider
or
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any
affiliated
business
entities.
1
l.
In
the
case
of
a
public
charter
school
proposal
from
an
2
applicant
that
currently
operates
one
or
more
schools
in
any
3
state
or
nation,
the
request
for
proposals
shall
additionally
4
require
the
applicant
to
provide
evidence
of
past
performance
5
and
current
capacity
for
growth.
6
2.
Application
decision-making
process.
7
a.
In
reviewing
and
evaluating
charter
applications,
8
authorizers
shall
employ
procedures,
practices,
and
criteria
9
consistent
with
nationally
recognized
principles
and
standards
10
for
quality
charter
authorizing.
The
application
review
11
process
shall
include
thorough
evaluation
of
each
written
12
charter
application,
an
in-person
interview
with
the
applicant
13
group,
and
an
opportunity
in
a
public
forum
for
local
residents
14
to
learn
about
and
provide
input
on
each
application.
15
b.
In
deciding
whether
to
approve
charter
applications,
16
authorizers
shall
do
the
following:
17
(1)
Grant
charters
only
to
applicants
that
have
18
demonstrated
competence
in
each
element
of
the
authorizer’s
19
published
approval
criteria
and
are
likely
to
open
and
operate
20
a
successful
public
charter
school.
21
(2)
Base
decisions
on
documented
evidence
collected
through
22
the
application
review
process.
23
(3)
Follow
charter-granting
policies
and
practices
that
are
24
transparent,
based
on
merit,
and
avoid
conflicts
of
interest
or
25
any
appearance
of
conflicts
of
interests.
26
c.
No
later
than
ninety
days
after
the
filing
of
a
charter
27
application,
the
authorizer
shall
decide
to
approve
or
deny
the
28
charter
application.
The
authorizer
shall
adopt
by
resolution
29
all
charter
approval
or
denial
decisions
in
an
open
meeting
of
30
the
authorizer’s
governing
board.
31
d.
An
approval
decision
may
include,
if
appropriate,
32
reasonable
conditions
that
the
charter
applicant
must
33
meet
before
a
charter
contract
may
be
executed
pursuant
to
34
subsection
5.
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e.
For
any
charter
denial,
the
authorizer
shall
clearly
1
state,
for
public
record,
its
reasons
for
denial.
A
denied
2
applicant
may
subsequently
reapply
to
that
authorizer
or
apply
3
to
any
other
authorizer
in
the
state.
4
f.
Within
ten
days
of
taking
action
to
approve
or
deny
5
a
charter
application,
the
authorizer
shall
report
to
the
6
commission
the
action
it
has
taken.
The
authorizer
shall
7
provide
a
copy
of
the
report
to
the
charter
applicant
at
the
8
same
time
that
the
report
is
submitted
to
the
commission.
The
9
report
shall
include
a
copy
of
the
authorizer
governing
board’s
10
resolution
setting
forth
the
action
taken
and
reasons
for
11
the
decision
and
assurances
as
to
compliance
with
all
of
the
12
procedural
requirements
and
application
elements
set
forth
in
13
this
section.
14
3.
Purposes
and
limitations
of
charter
applications.
The
15
purposes
of
the
charter
application
are
to
present
the
proposed
16
public
charter
school’s
academic
and
operational
vision
and
17
plans,
demonstrate
the
applicant’s
capacities
to
execute
the
18
proposed
vision
and
plans,
and
provide
the
authorizer
a
clear
19
basis
for
assessing
the
applicant’s
plans
and
capacities.
An
20
approved
charter
application
shall
not
serve
as
the
school’s
21
charter
contract.
22
4.
Initial
charter
term.
An
initial
charter
shall
be
23
granted
for
a
term
of
five
operating
years.
The
charter
term
24
shall
commence
on
the
public
charter
school’s
first
day
of
25
operation.
An
approved
public
charter
school
may
delay
its
26
opening
for
one
school
year
in
order
to
plan
and
prepare
for
27
the
school’s
opening.
If
the
public
charter
school
requires
28
an
opening
delay
of
more
than
one
school
year,
the
school
must
29
request
an
extension
from
its
authorizer.
The
authorizer
may
30
grant
or
deny
the
extension
depending
on
the
particular
public
31
charter
school’s
circumstances.
32
5.
Charter
contracts.
33
a.
Within
thirty
days
of
approval
of
a
charter
application,
34
the
authorizer
and
the
governing
board
of
the
approved
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public
charter
school
shall
execute
a
charter
contract
that
1
clearly
sets
forth
the
academic
and
operational
performance
2
expectations
and
measures
by
which
the
public
charter
school
3
will
be
judged
and
the
administrative
relationship
between
the
4
authorizer
and
public
charter
school,
including
each
party’s
5
rights
and
duties.
The
performance
expectations
and
measures
6
set
forth
in
the
charter
contract
shall
include
but
need
not
7
be
limited
to
applicable
federal
and
state
accountability
8
requirements.
The
performance
provisions
may
be
refined
or
9
amended
by
mutual
agreement
after
the
public
charter
school
is
10
operating
and
has
collected
baseline
achievement
data
for
its
11
enrolled
students.
12
b.
The
charter
contract
for
a
virtual
public
charter
school
13
shall
include
description
and
agreement
regarding
the
methods
14
by
which
the
school
will
do
the
following:
15
(1)
Monitor
and
verify
full-time
student
enrollment,
16
student
participation
in
a
full
course
load,
credit
accrual,
17
and
course
completion.
18
(2)
Monitor
and
verify
student
progress
and
performance
19
in
each
course
through
regular,
proctored
assessments
and
20
submissions
of
coursework.
21
(3)
Conduct
parent-teacher
conferences.
22
(4)
Administer
state-required
assessments
to
all
students
23
in
a
proctored
setting.
24
c.
The
charter
contract
shall
be
signed
by
the
president
25
of
the
authorizer’s
governing
board
and
the
president
of
the
26
public
charter
school’s
governing
body.
Within
ten
days
of
27
executing
a
charter
contract,
the
authorizer
shall
submit
to
28
the
commission
written
notification
of
the
charter
contract
29
execution,
including
a
copy
of
the
executed
charter
contract
30
and
any
attachments.
31
d.
A
public
charter
school
shall
not
commence
operations
32
without
a
charter
contract
executed
in
accordance
with
this
33
subsection
and
approved
in
an
open
meeting
of
the
authorizer’s
34
governing
board.
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6.
Preopening
requirements
or
conditions.
Authorizers
may
1
establish
reasonable
preopening
requirements
or
conditions
2
to
monitor
the
start-up
progress
of
newly
approved
public
3
charter
schools
and
ensure
that
they
are
prepared
to
open
4
smoothly
on
the
date
agreed,
and
to
ensure
that
each
school
5
meets
all
building,
health,
safety,
insurance,
and
other
legal
6
requirements
for
school
opening.
7
Sec.
9.
NEW
SECTION
.
257A.8
Accountability.
8
1.
Performance
framework.
9
a.
The
performance
provisions
within
the
charter
contract
10
shall
be
based
on
a
performance
framework
that
clearly
sets
11
forth
the
academic
and
operational
performance
indicators,
12
measures,
and
metrics
that
will
guide
the
authorizer’s
13
evaluations
of
each
public
charter
school.
The
performance
14
framework
shall
include
indicators,
measures,
and
metrics
for,
15
at
a
minimum,
all
of
the
following:
16
(1)
Student
academic
proficiency.
17
(2)
Student
academic
growth.
18
(3)
Achievement
gaps
in
both
proficiency
and
growth
between
19
major
student
subgroups.
20
(4)
Attendance.
21
(5)
Recurrent
enrollment
from
year
to
year.
22
(6)
For
secondary
schools,
postsecondary
readiness.
23
(7)
Financial
performance
and
sustainability.
24
(8)
Board
performance
and
stewardship,
including
compliance
25
with
all
applicable
laws,
rules,
and
terms
of
the
charter
26
contract.
27
b.
Annual
performance
targets
shall
be
set
by
each
public
28
charter
school
in
conjunction
with
its
authorizer,
and
shall
be
29
designed
to
help
each
school
meet
applicable
federal,
state,
30
and
authorizer
expectations.
31
c.
The
performance
framework
shall
allow
the
inclusion
of
32
additional
rigorous,
valid,
and
reliable
indicators
proposed
by
33
a
public
charter
school
to
augment
external
evaluations
of
its
34
performance,
provided
that
the
authorizer
approves
the
quality
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and
rigor
of
such
school-proposed
indicators,
and
they
are
1
consistent
with
the
purposes
of
this
chapter.
2
d.
The
performance
framework
shall
require
the
3
disaggregation
of
all
student
performance
data
by
major
student
4
subgroups
including
but
not
limited
to
gender,
race,
poverty
5
status,
special
education
status,
English
learner
status,
and
6
talented
and
gifted
status.
7
e.
For
each
public
charter
school
it
oversees,
the
8
authorizer
shall
be
responsible
for
collecting,
analyzing,
and
9
reporting
all
data
from
state
assessments
in
accordance
with
10
the
performance
framework.
11
f.
Multiple
public
charter
schools
operating
under
a
single
12
charter
contract
or
overseen
by
a
single
governing
board
13
shall
be
required
to
report
their
performance
as
separate,
14
individual
schools,
and
each
school
shall
be
held
independently
15
accountable
for
its
performance.
16
2.
Ongoing
oversight
and
corrective
actions.
17
a.
An
authorizer
shall
continually
monitor
the
performance
18
and
legal
compliance
of
the
public
charter
schools
it
oversees,
19
including
collecting
and
analyzing
data
to
support
ongoing
20
evaluation
according
to
the
charter
contract.
Every
authorizer
21
may
conduct
or
require
oversight
activities
that
enable
the
22
authorizer
to
fulfill
its
responsibilities
under
this
chapter,
23
including
conducting
appropriate
inquiries
and
investigations,
24
so
long
as
those
activities
are
consistent
with
this
chapter,
25
adhere
to
the
terms
of
the
charter
contract,
and
do
not
unduly
26
inhibit
the
autonomy
granted
to
public
charter
schools.
27
b.
Each
authorizer
shall
annually
publish
and
provide,
as
28
part
of
its
annual
report
to
the
commission
and
the
general
29
assembly,
a
performance
report
for
each
public
charter
school
30
it
oversees,
in
accordance
with
the
performance
framework
set
31
forth
in
the
charter
contract
and
subsection
1.
The
authorizer
32
may
require
each
public
charter
school
it
oversees
to
submit
an
33
annual
report
to
assist
the
authorizer
in
gathering
complete
34
information
about
each
school,
consistent
with
the
performance
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framework.
1
c.
If
a
public
charter
school’s
performance
or
legal
2
compliance
appears
unsatisfactory,
the
authorizer
shall
3
promptly
notify
the
public
charter
school
of
the
perceived
4
problem
and
provide
reasonable
opportunity
for
the
school
to
5
remedy
the
problem,
unless
the
problem
warrants
revocation
in
6
which
case
the
revocation
time
frames
will
apply.
7
d.
Every
authorizer
may
take
appropriate
corrective
actions
8
or
exercise
sanctions
short
of
revocation
in
response
to
9
apparent
deficiencies
in
public
charter
school
performance
10
or
legal
compliance.
Such
actions
or
sanctions
may
include,
11
if
warranted,
requiring
a
school
to
develop
and
execute
a
12
corrective
action
plan
within
a
specified
time
frame.
13
3.
Renewals,
revocations,
and
nonrenewals.
14
a.
A
charter
may
be
renewed
for
successive
five-year
terms
15
of
duration,
although
the
authorizer
may
vary
the
term
based
16
on
the
performance,
demonstrated
capacities,
and
particular
17
circumstances
of
each
public
charter
school.
An
authorizer
18
may
grant
renewal
with
specific
conditions
for
necessary
19
improvements
to
a
public
charter
school.
20
b.
No
later
than
December
1
annually,
the
authorizer
shall
21
issue
a
public
charter
school
performance
report
and
charter
22
renewal
application
guidance
to
any
public
charter
school
whose
23
charter
will
expire
the
following
year.
The
performance
report
24
shall
summarize
the
public
charter
school’s
performance
record
25
to
date,
based
on
the
data
required
by
this
chapter
and
the
26
charter
contract,
and
shall
provide
notice
of
any
weaknesses
27
or
concerns
perceived
by
the
authorizer
concerning
the
public
28
charter
school
that
may
jeopardize
its
position
in
seeking
29
renewal
if
not
timely
rectified.
The
public
charter
school
30
shall
have
thirty
days
to
respond
to
the
performance
report
and
31
submit
any
corrections
or
clarifications
for
the
report.
32
c.
The
renewal
application
guidance
shall,
at
a
minimum,
33
provide
an
opportunity
for
the
public
charter
school
to
do
the
34
following:
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(1)
Present
additional
evidence,
beyond
the
data
contained
1
in
the
performance
report,
supporting
its
case
for
charter
2
renewal.
3
(2)
Describe
improvements
undertaken
or
planned
for
the
4
school.
5
(3)
Detail
the
school’s
plans
for
the
next
charter
term.
6
d.
The
renewal
application
guidance
shall
include
or
refer
7
explicitly
to
the
criteria
that
will
guide
the
authorizer’s
8
renewal
decisions,
which
shall
be
based
on
the
performance
9
framework
set
forth
in
the
charter
contract
and
consistent
with
10
this
chapter.
11
e.
No
later
than
August
1,
the
governing
board
of
a
12
public
charter
school
seeking
renewal
beginning
with
the
next
13
fiscal
year
shall
submit
a
renewal
application
to
the
charter
14
authorizer
pursuant
to
the
renewal
application
guidance
issued
15
by
the
authorizer.
The
authorizer
shall
rule
by
resolution
on
16
the
renewal
application
no
later
than
ninety
days
after
the
17
filing
of
the
renewal
application.
18
f.
In
making
charter
renewal
decisions,
every
authorizer
19
shall
do
the
following:
20
(1)
Ground
its
decisions
in
evidence
of
the
school’s
21
performance
over
the
term
of
the
charter
contract
in
accordance
22
with
the
performance
framework
set
forth
in
the
charter
23
contract.
24
(2)
Ensure
that
data
used
in
making
renewal
decisions
are
25
available
to
the
school
and
the
public.
26
(3)
Provide
a
public
report
summarizing
the
evidence
basis
27
for
each
decision.
28
g.
A
charter
contract
may
be
revoked
at
any
time
or
not
29
renewed
if
the
authorizer
determines
that
the
public
charter
30
school
did
any
of
the
following
or
otherwise
failed
to
comply
31
with
the
provisions
of
this
chapter:
32
(1)
Commits
a
material
and
substantial
violation
of
any
of
33
the
terms,
conditions,
standards,
or
procedures
required
under
34
this
chapter
or
the
charter
contract.
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(2)
Fails
to
meet
or
make
sufficient
progress
toward
the
1
performance
expectations
set
forth
in
the
charter
contract.
2
(3)
Fails
to
meet
generally
accepted
standards
of
fiscal
3
management.
4
(4)
Substantially
violates
any
material
provision
of
law
5
from
which
the
public
charter
school
was
not
exempted.
6
h.
An
authorizer
must
develop
revocation
and
nonrenewal
7
processes
that
do
the
following:
8
(1)
Provide
the
charter
holders
with
a
timely
notification
9
of
the
prospect
of
revocation
or
nonrenewal
and
of
the
reasons
10
for
such
possible
closure.
11
(2)
Allow
the
charter
holders
a
reasonable
amount
of
time
12
in
which
to
prepare
a
response.
13
(3)
Provide
the
charter
holders
with
an
opportunity
to
14
submit
documents
and
give
testimony
challenging
the
rationale
15
for
closure
and
in
support
of
the
continuation
of
the
school
at
16
an
orderly
proceeding
held
for
that
purpose.
17
(4)
Allow
the
charter
holders
access
to
representation
by
18
counsel
and
to
call
witnesses
on
their
behalf.
19
(5)
Permit
the
recording
of
such
proceedings.
20
(6)
After
a
reasonable
period
for
deliberation,
require
21
that
a
final
determination
be
made
and
conveyed
in
writing
to
22
the
charter
holders.
23
i.
If
an
authorizer
revokes
or
does
not
renew
a
charter,
24
the
authorizer
shall
clearly
state,
in
a
resolution
of
its
25
governing
board,
the
reasons
for
the
revocation
or
nonrenewal.
26
j.
Within
ten
days
of
taking
action
to
renew,
not
renew,
or
27
revoke
a
charter,
the
authorizer
shall
report
to
the
commission
28
the
action
taken,
and
shall
provide
a
copy
of
the
report
to
29
the
public
charter
school
at
the
same
time
that
the
report
is
30
submitted
to
the
commission.
The
report
shall
include
a
copy
31
of
the
authorizer
governing
board’s
resolution
setting
forth
32
the
action
taken
and
reasons
for
the
decision
and
assurances
as
33
to
compliance
with
all
of
the
requirements
set
forth
in
this
34
chapter.
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4.
School
closure
and
dissolution.
1
a.
Prior
to
any
public
charter
school
closure
decision,
2
an
authorizer
shall
have
developed
a
public
charter
school
3
closure
protocol
to
ensure
timely
notification
to
parents,
4
orderly
transition
of
students
and
student
records
to
new
5
schools,
and
proper
disposition
of
school
funds,
property,
and
6
assets
in
accordance
with
the
requirements
of
this
chapter.
7
The
protocol
shall
specify
tasks,
timelines,
and
responsible
8
parties,
including
delineating
the
respective
duties
of
the
9
school
and
the
authorizer.
In
the
event
of
a
public
charter
10
school
closure
for
any
reason,
the
authorizer
shall
oversee
and
11
work
with
the
closing
school
to
ensure
a
smooth
and
orderly
12
closure
and
transition
for
students
and
parents,
as
guided
by
13
the
closure
protocol.
14
b.
In
the
event
of
a
public
charter
school
closure
for
any
15
reason,
the
assets
of
the
school
shall
be
distributed
first
16
to
satisfy
outstanding
payroll
obligations
for
employees
of
17
the
school,
then
to
creditors
of
the
school,
and
then
to
the
18
commission
for
transfer
to
the
treasurer
of
state
for
deposit
19
in
the
general
fund
of
the
state.
If
the
assets
of
the
school
20
are
insufficient
to
pay
all
parties
to
whom
the
school
owes
21
compensation,
the
prioritization
of
the
distribution
of
assets
22
may
be
determined
by
decree
of
a
court
of
law.
23
5.
Charter
transfers.
Transfer
of
a
charter
contract,
and
24
of
oversight
of
that
public
charter
school,
from
one
authorizer
25
to
another
before
the
expiration
of
the
charter
term
shall
not
26
be
permitted
except
by
special
petition
to
the
commission
by
a
27
public
charter
school
or
its
authorizer.
The
commission
shall
28
review
such
petitions
on
a
case-by-case
basis
and
may
grant
29
transfer
requests
in
response
to
special
circumstances
and
30
evidence
that
such
a
transfer
would
serve
the
best
interests
of
31
the
public
charter
school’s
students.
32
6.
Annual
report.
On
or
before
December
1
of
each
year
33
beginning
in
the
first
year
after
any
public
charter
school
34
established
pursuant
to
this
chapter
has
been
operating
for
a
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full
school
year,
the
commission
shall
issue
to
the
governor,
1
the
general
assembly,
and
the
public
at
large,
an
annual
report
2
on
the
state’s
public
charter
schools
established
pursuant
3
to
this
chapter,
drawing
from
the
annual
reports
submitted
4
by
every
authorizer
as
well
as
any
additional
relevant
data
5
compiled
by
the
commission,
for
the
school
year
ending
in
the
6
preceding
calendar
year.
The
annual
report
shall
include
7
a
comparison
of
the
performance
of
public
charter
school
8
students
with
the
performance
of
academically,
ethnically,
9
and
economically
comparable
groups
of
students
in
noncharter
10
public
schools.
In
addition,
the
annual
report
shall
include
11
the
commission’s
assessment
of
the
successes,
challenges,
and
12
areas
for
improvement
in
meeting
the
purposes
of
this
chapter,
13
including
the
commission’s
assessment
of
the
sufficiency
of
14
funding
for
public
charter
schools,
the
efficacy
of
the
state
15
formula
for
authorizer
funding,
and
any
suggested
changes
in
16
state
law
or
policy
necessary
to
strengthen
the
public
charter
17
schools
established
under
this
chapter.
18
Sec.
10.
NEW
SECTION
.
257A.9
Operations
and
autonomy.
19
1.
Legal
status
of
public
charter
school.
20
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
to
21
the
extent
that
any
provision
of
this
chapter
is
inconsistent
22
with
any
other
state
or
local
law,
rule,
or
regulation,
the
23
provisions
of
this
chapter
shall
govern
and
be
controlling.
24
b.
A
public
charter
school
shall
be
a
nonprofit
education
25
organization.
26
c.
A
public
charter
school
shall
be
subject
to
all
federal
27
laws
and
authorities
enumerated
herein
or
arranged
by
charter
28
contract
with
the
school’s
authorizer,
where
such
contracting
29
is
consistent
with
applicable
laws,
rules,
and
regulations.
30
d.
Except
as
provided
in
this
chapter,
a
public
charter
31
school
shall
not
be
subject
to
the
state’s
education
statutes
32
or
any
state
or
local
rule,
regulation,
policy,
or
procedure
33
relating
to
noncharter
public
schools
within
an
applicable
34
local
school
district
regardless
of
whether
such
rule,
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regulation,
policy,
or
procedure
is
established
by
the
local
1
school
board,
the
state
board
of
education,
or
the
state
2
department
of
education.
3
e.
A
charter
contract
may
include
one
or
more
schools,
4
to
the
extent
approved
by
the
authorizer
and
consistent
with
5
applicable
law.
Each
public
charter
school
that
is
part
of
6
a
charter
contract
shall
be
separate
and
distinct
from
any
7
others.
8
f.
A
single
governing
board
may
hold
one
or
more
charter
9
contracts.
Each
public
charter
school
that
is
part
of
a
10
charter
contract
shall
be
separate
and
distinct
from
any
11
others.
12
2.
Local
educational
agency
status.
13
a.
A
public
charter
school
shall
function
as
a
local
14
educational
agency.
A
public
charter
school
shall
be
15
responsible
for
meeting
the
requirements
of
a
local
educational
16
agency
under
applicable
federal,
state,
and
local
laws,
17
including
those
relating
to
special
education.
Local
18
educational
agency
status
shall
not
preclude
a
public
charter
19
school
from
developing
partnerships
with
districts
for
20
services,
resources,
and
programs
by
mutual
agreement
or
formal
21
contract.
22
b.
A
public
charter
school
shall
have
primary
responsibility
23
for
special
education
at
the
school,
including
identification
24
and
service
provision.
It
shall
be
responsible
for
meeting
the
25
needs
of
enrolled
students
with
disabilities.
In
instances
26
where
a
student’s
individualized
education
program
team
27
determines
that
a
student’s
needs
are
so
profound
that
they
28
cannot
be
met
in
the
public
charter
school
and
that
the
public
29
charter
school
cannot
provide
a
free,
appropriate
public
30
education
to
that
student,
the
student’s
district
of
residence
31
shall
place
the
student
in
a
more
appropriate
setting.
32
Sec.
11.
NEW
SECTION
.
257A.10
Funding.
33
1.
Enrollment.
The
enrollment
of
students
attending
34
public
charter
schools
shall
be
included
in
the
enrollment,
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attendance,
and,
if
applicable,
count
of
children
requiring
1
special
education
of
the
school
district
in
which
the
student
2
resides.
The
public
charter
school
shall
report
all
such
data
3
to
the
school
districts
of
residence
in
a
timely
manner.
Each
4
school
district
shall
report
such
enrollment,
attendance,
and
5
count
of
students
with
disabilities
to
the
state
department
of
6
education.
7
2.
Operational
funding.
The
local
school
district
of
8
residence
shall
pay
directly
to
the
public
charter
school
9
for
each
student
enrolled
in
the
public
charter
school
who
10
resides
in
the
school
district
an
amount
for
that
student
11
equal
to
one
hundred
percent
of
the
amount
calculated
pursuant
12
to
the
state’s
funding
formula
for
local
school
districts,
13
notwithstanding
the
oversight
fee
decreases
pursuant
to
section
14
257A.5,
subsection
6.
15
3.
Payment
schedule.
Payments
made
pursuant
to
this
section
16
shall
be
made
by
local
school
districts
in
twelve
substantially
17
equal
installments
each
year
beginning
on
the
first
business
18
day
of
July
and
every
month
thereafter.
Amounts
payable
19
under
this
section
shall
be
determined
by
the
department
of
20
education.
Amounts
payable
to
a
public
charter
school
in
its
21
first
year
of
operation
shall
be
based
on
the
projections
of
22
initial-year
enrollment
set
forth
in
the
charter
contract.
23
Such
projections
shall
be
reconciled
with
the
actual
enrollment
24
at
the
end
of
the
public
charter
school’s
first
year
of
25
operation,
and
any
necessary
adjustments
shall
be
made
to
26
payments
during
the
school’s
second
year
of
operation.
27
4.
Sanctions
for
failure
to
make
payments.
In
the
event
28
of
the
failure
of
a
local
school
district
to
make
payments
29
required
by
this
section,
the
department
of
management
shall
30
deduct
from
the
state
foundation
aid
paid
under
section
31
257.16
to
the
school
district
an
amount
equal
to
the
unpaid
32
obligation.
The
department
of
management
shall
pay
over
such
33
sum
to
the
public
charter
school
upon
certification
of
the
34
department
of
education.
The
department
of
management
shall
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adopt
rules
to
implement
the
provisions
of
this
subsection.
1
5.
Categorical
funding.
A
local
school
district
shall
2
direct
the
proportionate
share
of
moneys
generated
under
3
federal
and
state
categorical
aid
programs
pursuant
to
section
4
257.10
to
public
charter
schools
serving
students
eligible
for
5
such
aid.
A
local
school
district
shall
ensure
that
public
6
charter
schools
with
rapidly
expanding
enrollments
are
treated
7
equitably
in
the
calculation
and
disbursement
of
all
federal
8
and
state
categorical
aid
program
dollars.
Each
public
charter
9
school
that
serves
students
who
may
be
eligible
to
receive
10
services
provided
through
such
programs
shall
comply
with
all
11
reporting
requirements
to
receive
the
aid.
12
6.
Special
education
funding.
13
a.
A
local
school
district
shall
pay
directly
to
a
public
14
charter
school
any
federal
or
state
aid
attributable
to
a
15
student
with
a
disability
attending
the
school.
16
b.
At
either
party’s
request,
a
public
charter
school
17
and
its
authorizer
may
negotiate
and
include
in
the
charter
18
contract
alternate
arrangements
for
the
provision
of
and
19
payment
for
special
education
services.
20
7.
Generally
accepted
accounting
principles
——
independent
21
audit.
22
a.
A
public
charter
school
shall
adhere
to
generally
23
accepted
accounting
principles.
24
b.
A
public
charter
school
shall
annually
engage
an
external
25
auditor
to
do
an
independent
audit
of
the
school’s
finances.
A
26
public
charter
school
shall
file
a
copy
of
each
audit
report
27
and
accompanying
management
letter
to
its
authorizer
by
October
28
1.
29
8.
Transportation
funding.
30
a.
The
department
of
education
shall
disburse
state
31
transportation
funding
pursuant
to
chapter
285
to
a
local
32
school
district
for
each
of
the
public
charter
school
students
33
residing
in
the
local
school
district
on
the
same
basis
and
34
in
the
same
manner
as
it
is
paid
to
local
school
districts.
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A
local
school
district
shall
disburse
state
transportation
1
funding
to
a
public
charter
school
in
proportion
to
the
amount
2
generated
by
the
school’s
students
who
reside
in
the
local
3
school
district.
4
b.
A
public
charter
school
may
enter
into
a
contract
5
with
a
local
school
district
or
private
provider
to
provide
6
transportation
to
the
school’s
students.
7
9.
Budget
reserves.
Any
moneys
received
by
a
public
charter
8
school
from
any
source
and
remaining
in
the
public
charter
9
school’s
accounts
at
the
end
of
any
budget
year
shall
remain
10
in
the
public
charter
school’s
accounts
for
use
by
the
public
11
charter
school
during
subsequent
budget
years.
12
10.
Ability
to
accept
gifts,
donations,
and
grants.
This
13
chapter
shall
not
be
construed
to
prohibit
any
person
or
14
organization
from
providing
funding
or
other
assistance
to
the
15
establishment
or
operation
of
a
public
charter
school.
The
16
governing
board
of
a
public
charter
school
may
accept
gifts,
17
donations,
and
grants
of
any
kind
made
to
the
public
charter
18
school
and
to
expend
or
use
such
gifts,
donations,
and
grants
19
in
accordance
with
the
conditions
prescribed
by
the
donor;
20
provided,
however,
that
a
gift,
donation,
or
grant
shall
not
21
be
accepted
if
subject
to
a
condition
that
is
contrary
to
any
22
provision
of
law
or
term
of
the
charter
contract.
23
Sec.
12.
NEW
SECTION
.
257A.11
Facilities.
24
1.
Per-student
facility
allowance.
25
a.
The
per-student
facility
allowance
for
public
charter
26
schools
shall
be
determined
as
follows:
the
total
capital
27
costs
for
public
schools
in
the
state
over
the
past
five
years
28
shall
be
divided
by
the
total
student
count
in
the
state
over
29
the
past
five
years.
30
b.
The
actual
facility
allowance
payments
to
be
received
31
by
each
public
charter
school
shall
be
determined
as
follows:
32
the
per-student
facility
allowance
shall
be
multiplied
by
33
the
number
of
students
estimated
to
be
attending
each
public
34
charter
school.
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2.
Public
charter
school
facility
grant
program.
1
a.
The
state
board
of
education
shall
establish,
within
2
available
bond
authorizations,
a
grant
program
to
assist
public
3
charter
schools
in
financing
school
building
projects,
general
4
improvements
to
school
buildings,
and
repayment
of
debt
for
5
school
building
projects.
Public
charter
schools
may
apply
for
6
such
grants
to
the
state
board
of
education
at
such
time
and
in
7
such
manner
as
the
state
board
of
education
prescribes.
The
8
state
board
of
education
shall
give
preference
to
applications
9
that
provide
for
matching
funds
from
nonstate
sources.
10
b.
For
the
purposes
described
in
paragraph
“a”
,
the
Iowa
11
finance
authority
shall
have
the
power,
from
time
to
time,
to
12
authorize
the
issuance
of
bonds
of
the
state
in
one
or
more
13
series
and
in
principal
amounts
not
exceeding
in
the
aggregate
14
amounts
to
be
determined
by
the
school
budget
review
committee.
15
c.
The
proceeds
of
the
sale
of
bonds
under
paragraph
“b”
,
16
to
the
extent
of
the
amount
specified
by
the
Iowa
finance
17
authority
pursuant
to
paragraph
“b”
shall
be
used
by
the
state
18
board
of
education
for
the
purpose
of
grants
pursuant
to
19
paragraph
“a”
.
20
d.
Bonds
issued
pursuant
to
this
section
shall
be
general
21
obligations
of
the
state
and
the
full
faith
and
credit
of
the
22
state
are
pledged
for
the
payment
of
the
principal
of
and
23
interest
on
said
bonds
as
the
same
become
due,
and
accordingly
24
and
as
part
of
the
contract
of
the
state
with
the
holders
of
25
said
bonds,
appropriation
of
all
amounts
necessary
for
punctual
26
payment
of
such
principal
and
interest
is
hereby
made,
and
the
27
treasurer
of
state
shall
pay
such
principal
and
interest
as
the
28
same
become
due.
29
3.
Public
charter
school
facility
revolving
loan
program.
30
a.
A
public
charter
school
facility
revolving
loan
program
31
is
created
in
the
state
treasury
under
the
control
of
the
32
state
board
of
education.
The
public
charter
school
facility
33
revolving
loan
program
shall
be
comprised
of
federal
funds
34
obtained
by
the
state
for
public
charter
schools
and
any
other
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funds
appropriated
or
transferred
to
the
fund
by
the
state.
1
Funds
appropriated
to
the
public
charter
school
facility
2
revolving
loan
program
shall
remain
available
for
the
purposes
3
of
the
program
until
reappropriated
or
reverted
by
the
general
4
assembly.
5
b.
Loans
may
be
made
from
moneys
in
the
public
charter
6
school
facility
revolving
loan
program
to
a
public
charter
7
school,
upon
application
by
a
public
charter
school
and
8
approval
by
the
state
board
of
education
or
its
designee.
9
Money
loaned
to
a
public
charter
school
pursuant
to
this
10
subsection
shall
be
for
construction,
purchase,
renovation,
11
and
maintenance
of
public
charter
school
facilities.
A
loan
12
to
a
public
charter
school
shall
not
exceed
the
number
of
13
years
allowed
for
loan
payment
or
the
loan
amount
specified
14
by
the
Iowa
finance
authority.
A
public
charter
school
may
15
receive
multiple
loans
from
the
public
charter
school
facility
16
revolving
loan
program,
as
long
as
the
total
number
of
years
17
allowed
for
loan
payment
or
the
loan
amount
is
not
greater
than
18
specified
by
the
Iowa
finance
authority.
19
c.
The
Iowa
finance
authority
or
its
designee
may
consider
20
all
of
the
following
when
making
a
determination
as
to
the
21
approval
of
a
public
charter
school’s
loan
application:
22
(1)
Soundness
of
the
financial
business
plans
of
the
23
applicant
public
charter
school.
24
(2)
Availability
to
the
public
charter
school
of
other
25
sources
of
funding.
26
(3)
Geographic
distribution
of
loans
made
from
the
public
27
charter
school
facility
revolving
loan
program.
28
(4)
The
impact
that
loans
received
pursuant
to
this
29
subsection
will
have
on
the
public
charter
school’s
receipt
of
30
other
private
and
public
financing.
31
(5)
Plans
for
innovatively
enhancing
or
leveraging
funds
32
received
pursuant
to
this
subsection,
such
as
loan
guarantees
33
or
other
types
of
credit
enhancements.
34
(6)
The
financial
needs
of
the
public
charter
school.
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d.
Commencing
with
the
first
fiscal
year
following
the
1
fiscal
year
the
public
charter
school
receives
the
loan,
the
2
department
of
management
shall
deduct
from
apportionments
made
3
to
the
public
charter
school,
as
appropriate,
an
amount
equal
4
to
the
annual
repayment
of
the
amount
loaned
to
the
public
5
charter
school
under
this
subsection
and
pay
the
same
amount
6
into
the
public
charter
school
facility
revolving
loan
account
7
in
the
state
treasury.
Repayment
of
the
full
amount
loaned
to
8
the
public
charter
school
shall
be
deducted
by
the
department
9
of
management
in
equal
annual
amounts
over
a
number
of
years
10
agreed
upon
between
the
public
charter
school
and
the
state
11
board
of
education
or
its
designee,
not
to
exceed
the
number
of
12
years
allowed
for
loan
payment
specified
by
the
Iowa
finance
13
authority
for
any
loan.
14
e.
Notwithstanding
other
provisions
of
law,
a
loan
15
may
be
made
to
a
public
charter
school
pursuant
to
this
16
subsection
only
in
the
case
of
a
public
charter
school
that
is
17
incorporated.
18
f.
Notwithstanding
other
provisions
of
law,
in
the
case
19
of
default
of
a
loan
made
directly
to
a
public
charter
school
20
pursuant
to
this
subsection,
the
public
charter
school
shall
be
21
solely
liable
for
repayment
of
the
loan.
22
4.
Bonding
authority.
23
a.
As
used
in
this
subsection
and
subsection
5,
unless
the
24
context
otherwise
requires:
25
(1)
“Authority”
means
the
Iowa
finance
authority.
26
(2)
“Bonds”
means
revenue
bonds
which
are
payable
solely
as
27
provided
in
this
subsection.
28
b.
The
authority
shall
cooperate
with
the
governing
board
29
of
public
charter
schools
established
pursuant
to
this
chapter
30
and
private
developers,
acting
in
conjunction
with
a
governing
31
body
to
build
school
facilities
in
connection
with
the
public
32
charter
school,
in
the
creation,
administration,
and
funding
33
of
a
public
charter
school
bond
program
to
finance
school
34
facilities
in
connection
with
the
public
charter
school.
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c.
The
authority
may
issue
its
bonds
and
notes
for
the
1
purpose
of
funding
the
nonrecurring
cost
of
acquiring,
2
constructing,
and
equipping
a
public
charter
school-related
3
facility.
4
d.
The
authority
may
issue
its
bonds
and
notes
for
the
5
purposes
of
this
subsection
and
may
enter
into
one
or
more
6
lending
agreements
or
purchase
agreements
with
one
or
more
7
bondholders
or
noteholders
containing
the
terms
and
conditions
8
of
the
repayment
of
and
the
security
for
the
bonds
or
notes.
9
The
authority
and
the
bondholders
or
noteholders
or
a
trustee
10
agent
designated
by
the
authority
may
enter
into
agreements
to
11
provide
for
any
of
the
following:
12
(1)
That
the
proceeds
of
the
bonds
and
notes
and
the
13
investments
of
the
proceeds
may
be
received,
held,
and
14
disbursed
by
the
authority
or
by
a
trustee
or
agent
designated
15
by
the
authority.
16
(2)
That
the
bondholders
or
noteholders
or
a
trustee
or
17
agent
designated
by
the
authority
may
collect,
invest,
and
18
apply
the
amount
payable
under
the
loan
agreements
or
any
19
other
instruments
securing
the
debt
obligations
under
the
loan
20
agreements.
21
(3)
That
the
bondholders
or
noteholders
may
enforce
the
22
remedies
provided
in
the
loan
agreements
or
other
instruments
23
on
their
own
behalf
without
the
appointment
or
designation
of
a
24
trustee.
If
there
is
a
default
in
the
principal
of
or
interest
25
on
the
bonds
or
notes
or
in
the
performance
of
any
agreement
26
contained
in
the
loan
agreements
or
other
instruments,
the
27
payment
or
performance
may
be
enforced
in
accordance
with
the
28
loan
agreement
or
other
instrument.
29
(4)
Other
terms
and
conditions
as
deemed
necessary
or
30
appropriate
by
the
authority.
31
e.
The
powers
granted
the
authority
under
this
subsection
32
are
in
addition
to
other
powers
contained
in
chapter
16.
33
The
authority
shall
adopt
rules
pursuant
to
chapter
17A
to
34
implement
this
subsection.
All
other
provisions
of
chapter
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16,
except
section
16.28,
subsection
4,
apply
to
bonds
or
1
notes
issued
and
powers
granted
to
the
authority
under
this
2
subsection,
except
to
the
extent
they
are
inconsistent
with
3
this
subsection.
4
f.
All
bonds
or
notes
issued
by
the
authority
in
connection
5
with
the
program
are
exempt
from
taxation
by
this
state
and
the
6
interest
on
the
bonds
or
notes
is
exempt
from
state
income
tax,
7
both
personal
and
corporate.
8
g.
The
authority
may
provide
in
the
resolution,
trust
9
agreement,
or
other
instrument
authorizing
the
issuance
of
its
10
bonds
or
notes
pursuant
to
this
subsection
that
the
principal
11
of,
premium,
and
interest
on
the
bonds
or
notes
are
payable
12
from
any
of
the
following
and
may
pledge
the
same
to
its
bonds
13
and
notes:
14
(1)
From
the
net
rents,
profits,
and
income
arising
from
the
15
project
or
property
pledged
or
mortgaged.
16
(2)
From
the
net
rents,
profits,
and
income
which
has
17
not
been
pledged
for
other
purposes
arising
from
any
similar
18
facility
under
the
control
and
management
of
the
public
charter
19
school
or
the
public
charter
school’s
governing
body.
20
(3)
From
the
funding
received
by
the
public
charter
school
21
governing
board
pursuant
to
section
257A.10.
22
(4)
From
the
amounts
on
deposit
in
the
name
of
a
public
23
charter
school
or
a
private
developer
or
operator
of
a
public
24
charter
school
facility,
including
but
not
limited
to
revenues
25
from
a
purchase,
rental,
or
lease
agreement,
loan
agreement,
or
26
other
facility
charges.
27
(5)
From
the
amounts
payable
to
the
authority,
the
public
28
charter
school
or
the
governing
board,
or
a
private
developer
29
or
operator,
pursuant
to
a
loan
agreement,
lease
agreement,
or
30
sale
agreement.
31
(6)
From
funds
received
pursuant
to
subsection
6.
32
(7)
From
the
other
funds
or
accounts
established
by
the
33
authority
in
connection
with
the
program
or
the
sale
and
34
issuance
of
its
bonds
or
notes.
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h.
No
obligation
created
under
this
subsection
shall
ever
1
be
or
become
a
charge
against
the
state
of
Iowa
but
all
such
2
obligations,
including
principal
and
interest,
shall
be
payable
3
solely
as
provided
in
this
subsection.
4
i.
The
authority
may
establish
reserve
funds
to
secure
5
one
or
more
issues
of
its
bonds
or
notes.
The
authority
may
6
deposit
in
a
reserve
fund
established
under
this
subsection,
7
the
proceeds
of
the
sale
of
its
bonds
or
notes
and
other
money
8
which
is
made
available
from
any
other
source.
9
j.
A
pledge
made
in
respect
of
bonds
or
notes
is
valid
10
and
binding
from
the
time
the
pledge
is
made.
The
money
or
11
property
so
pledged
and
received
after
the
pledge
by
the
12
authority
is
immediately
subject
to
the
lien
of
the
pledge
13
without
physical
delivery
or
further
act.
The
lien
of
the
14
pledge
is
valid
and
binding
as
against
all
persons
having
15
claims
of
any
kind
in
tort,
contract,
or
otherwise
against
16
the
authority
whether
or
not
the
parties
have
notice
of
the
17
lien.
Neither
the
resolution,
trust
agreement,
nor
any
other
18
instrument
by
which
a
pledge
is
created
needs
to
be
recorded,
19
filed,
or
perfected
under
chapter
554,
to
be
valid,
binding,
or
20
effective
against
all
persons.
21
k.
The
members
of
the
authority
or
persons
executing
the
22
bonds
or
notes
are
not
personally
liable
on
the
bonds
or
notes
23
and
are
not
subject
to
personal
liability
or
accountability
by
24
reason
of
the
issuance
of
the
bonds
or
notes.
25
l.
The
bonds
or
notes
issued
by
the
authority
are
not
26
an
indebtedness
or
other
liability
of
the
state
or
of
a
27
political
subdivision
of
the
state
within
the
meaning
of
any
28
constitutional
or
statutory
debt
limitations,
but
are
special
29
obligations
of
the
authority
and
are
payable
solely
from
30
the
income
and
receipts
or
other
funds
or
property
of
the
31
public
charter
school,
governing
body,
or
private
developer,
32
and
the
amounts
on
deposit
in
a
public
charter
school
bond
33
fund,
and
the
amounts
payable
to
the
authority
under
its
loan
34
agreements
with
a
public
charter
school,
governing
body,
or
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private
developer
to
the
extent
that
the
amounts
are
designated
1
in
the
resolution,
trust
agreement,
or
other
instrument
of
2
the
authority
authorizing
the
issuance
of
the
bonds
or
notes
3
as
being
available
as
security
for
the
bonds
or
notes.
The
4
authority
shall
not
pledge
the
faith
or
credit
of
the
state
5
or
of
a
political
subdivision
of
the
state
to
the
payment
of
6
any
bonds
or
notes.
The
issuance
of
any
bonds
or
notes
by
7
the
authority
does
not
directly,
indirectly,
or
contingently
8
obligate
the
state
or
a
political
subdivision
of
the
state
9
to
apply
money
from,
or
levy,
or
pledge
any
form
of
taxation
10
whatever
to
the
payment
of
the
bonds
or
notes.
11
5.
Moral
obligation
of
the
state.
12
a.
The
general
assembly
hereby
finds
and
declares
that
its
13
intent
in
enacting
subsection
4
is
to
support
public
charter
14
schools
and
public
charter
school
capital
construction
by
15
helping
qualified
public
charter
schools
that
choose
to
have
16
the
authority
issue
bonds
on
their
behalf
obtain
more
favorable
17
financing
terms
for
the
bonds.
18
b.
If
the
authority
has
issued
bonds
on
behalf
of
a
public
19
charter
school
that
defaults
on
its
debt
service
payment
20
obligations,
the
board
of
directors
of
the
authority
shall
21
submit
to
the
governor
a
certificate
certifying
any
amount
22
of
moneys
required
to
fulfill
the
school’s
debt
service
23
payment
obligations.
The
governor
shall
submit
a
request
for
24
appropriations
in
an
amount
sufficient
to
fulfill
the
school’s
25
debt
service
payment
obligations
and
the
general
assembly
may,
26
but
shall
not
be
required
to,
appropriate
moneys
for
that
27
purpose.
If,
in
its
sole
discretion,
the
general
assembly
28
appropriates
any
moneys
for
that
purpose,
the
aggregate
29
outstanding
principal
amount
of
bonds
for
which
moneys
may
30
be
appropriated
for
said
purpose
shall
not
exceed
an
amount
31
specified
by
the
authority.
32
6.
Access
to
state
facilities
programs
for
noncharter
public
33
schools.
34
a.
A
public
charter
school
shall
have
access
to
any
school
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infrastructure
funds
available
under
chapter
292
and
any
school
1
infrastructure
safety
funds
available
under
section
423E.6.
2
b.
The
school
district
of
residence
shall
pay
directly
to
3
the
public
charter
school
for
each
student
enrolled
in
the
4
public
charter
school
who
resides
in
the
school
district
an
5
amount
for
that
student
equal
to
one
hundred
percent
of
the
6
amount
calculated
pursuant
to
the
secure
an
advanced
vision
for
7
education
fund
distribution
formula
pursuant
to
section
423E.4.
8
7.
Credit
enhancement
fund.
9
a.
A
credit
enhancement
fund
under
the
control
of
the
10
state
board
of
education
is
created
in
the
state
treasury
if
11
the
general
assembly
appropriates
funds
to
the
department
of
12
education
for
purposes
of
this
subsection.
13
b.
Using
the
moneys
deposited
in
the
fund,
the
state
14
board
of
education
shall
make
and
disburse
grants
to
eligible
15
nonprofit
corporations
to
carry
out
the
purposes
described
in
16
paragraph
“c”
.
17
c.
The
recipient
of
a
grant
under
this
fund
shall
use
the
18
moneys
provided
under
the
grant
to
carry
out
activities
to
19
assist
public
charter
schools
in
doing
the
following:
20
(1)
Obtaining
financing
to
acquire
interests
in
real
21
property,
including
but
not
limited
to
purchase,
lease,
22
or
donation,
and
including
financing
to
cover
planning,
23
development,
and
other
incidental
costs.
24
(2)
Obtaining
financing
for
construction
of
facilities
or
25
the
renovation,
repair,
or
alteration
of
existing
property
26
or
facilities,
including
but
not
limited
to
the
purchase
or
27
replacement
of
fixtures
and
equipment;
including
financing
to
28
cover
planning,
development,
and
other
incidental
costs.
29
(3)
Enhancing
the
availability
of
loans,
including
but
not
30
limited
to
mortgages
and
bonds.
31
(4)
Obtaining
lease
guarantees.
32
d.
Funds
provided
under
a
grant
under
this
subsection
shall
33
not
be
used
by
a
recipient
to
make
direct
loans
or
grants
to
34
public
charter
schools.
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8.
Access
to
district
facilities
and
land.
A
public
charter
1
school
shall
have
a
right
of
first
refusal
to
purchase
or
lease
2
at
or
below
fair
market
value
a
closed
public
school
facility
3
or
property
or
unused
portions
of
a
public
school
facility
or
4
property
located
in
a
local
school
district
from
which
it
draws
5
its
students
if
the
local
school
district
decides
to
sell
or
6
lease
the
public
school
facility
or
property.
7
9.
Contracting
for
use
of
facilities.
A
public
charter
8
school
may
negotiate
and
contract
at
or
below
fair
market
value
9
with
a
local
school
district,
the
governing
body
of
a
state
10
college
or
university
or
public
community
college,
or
any
other
11
public
or
for-profit
or
nonprofit
private
entity
for
the
use
of
12
a
facility
for
a
school
building.
13
10.
Use
of
other
facilities
under
preexisting
zoning
and
14
land
use
designations.
Library,
community
service,
museum,
15
performing
arts,
theatre,
cinema,
church,
community
college,
16
college,
and
university
facilities
may
provide
space
to
public
17
charter
schools
within
their
facilities
under
their
preexisting
18
zoning
and
land
use
designations.
19
11.
Exemptions
from
property
taxes
and
certain
fees.
20
a.
Any
facility,
or
portion
thereof,
used
to
house
a
public
21
charter
school
shall
be
exempt
from
property
taxes.
22
b.
Public
charter
school
facilities
are
exempt
from
23
assessments
of
fees
for
building
permits,
fees
for
building
and
24
occupational
licenses,
impact
fees,
service
availability
fees,
25
and
assessments
for
special
benefits.
26
Sec.
13.
IOWA
PUBLIC
CHARTER
SCHOOL
COMMISSION.
There
is
27
appropriated
from
the
general
fund
of
the
state
to
the
Iowa
28
public
charter
school
commission
for
the
fiscal
year
beginning
29
July
1,
2011,
and
ending
June
30,
2012,
the
following
amount,
30
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
31
designated:
32
For
purposes
of
administering
chapter
257A,
if
enacted
33
by
this
Act,
including
salaries,
support,
maintenance,
and
34
miscellaneous
purposes:
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.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
250,000
1
EXPLANATION
2
This
bill
establishes
the
“Public
Charter
Schools
Act”,
and
3
creates
the
Iowa
public
charter
school
commission
as
a
public
4
charter
school
authorizer
oversight
body.
Local
school
boards,
5
accredited
public
and
private
postsecondary
institutions,
6
cities,
and
governing
boards
of
nonprofit
or
charitable
7
organizations
may
apply
to
the
commission
for
authorizing
8
ability.
The
bill
appropriates
$250,000
from
the
general
fund
9
of
the
state
to
the
commission
for
fiscal
year
2011-2012
for
10
purposes
of
administering
the
Code
chapter.
11
The
bill
includes
legislative
findings
and
declarations,
12
and
provides
for
the
establishment
of
virtual
public
charter
13
schools
that
will
offer
educational
services
predominantly
14
through
the
internet.
15
A
public
charter
school
shall
be
open
to
any
student
16
residing
in
the
state
and
may
limit
admission
to
students
17
within
a
given
age
group
or
grade
level
and
may
be
organized
18
around
a
special
emphasis,
theme,
or
concept
as
stated
in
the
19
school’s
application.
A
public
charter
school
must
enroll
all
20
students
who
wish
to
attend
the
school,
unless
the
number
of
21
students
exceeds
the
capacity
of
a
program,
class,
grade
level,
22
or
building.
The
bill
includes
provisions
for
enrollment
23
preferences
and
credit
transferability.
24
Eligible
public
charter
school
authorizers
are
responsible
25
for
soliciting
and
evaluating
charter
applications,
approving
26
quality
charter
applications,
declining
to
approve
weak
or
27
inadequate
charter
applications,
negotiating
and
executing
28
sound
charter
contracts
with
each
approved
public
charter
29
school,
monitoring
the
performance
and
legal
compliance
30
of
public
charter
schools,
and
determining
whether
each
31
charter
contract
merits
renewal,
nonrenewal,
or
revocation.
32
An
authorizing
entity
may
delegate
its
duties
to
offices,
33
employees,
and
contractors.
34
To
cover
authorizer
costs
for
overseeing
public
charter
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schools,
the
commission
shall
remit
to
each
authorizer
an
1
oversight
fee
for
each
public
charter
school
it
authorizes.
2
The
oversight
fee
shall
be
drawn
from
and
calculated
as
a
3
uniform
percentage
of
the
per-student
operational
funding
4
allocated
to
each
public
charter
school,
not
to
exceed
3
5
percent
of
each
public
charter
school’s
per-student
funding
in
6
a
single
school
year.
7
The
commission
consists
of
nine
members
serving
three-year
8
terms.
Five
members
shall
be
appointed
by
the
governor;
two
9
members
collectively
shall
be
appointed
by
the
president
and
10
minority
leader
of
the
senate;
and
two
members
collectively
11
shall
be
appointed
by
the
speaker
and
minority
leader
of
the
12
house
of
representatives.
The
commission
must
establish
the
13
annual
application
and
approval
process,
including
cycles
and
14
deadlines
during
the
fiscal
year,
for
all
entities
eligible
to
15
apply
for
chartering
authority.
The
commission
is
responsible
16
for
overseeing
the
performance
and
effectiveness
of
all
17
authorizers.
18
The
commission
shall
establish
a
statewide
formula
for
19
authorizer
funding,
which
shall
apply
uniformly
to
every
20
authorizer
in
the
state.
The
commission
shall
submit
the
21
formula,
and
any
succeeding
amendments
to
the
formula,
to
22
the
department
of
management,
the
general
assembly,
and
the
23
governor,
and
shall
provide
any
additional
information
required
24
by
the
department.
The
formula
shall
be
established
by
25
statute
prior
to
the
appropriation
or
distribution
of
state
26
funds
for
purposes
of
establishing
a
public
charter
school.
27
The
commission
may
establish
a
sliding
scale
for
authorizer
28
funding,
with
the
funding
percentage
decreasing
after
the
29
authorizer
has
achieved
a
certain
threshold,
such
as
after
30
a
certain
number
of
years
of
authorizing
or
after
a
certain
31
number
of
schools
has
been
authorized.
32
Funding
is
provided
through
the
school
district
of
33
residence,
as
the
enrollment
of
students
attending
public
34
charter
schools
must
be
included
in
the
enrollment,
attendance,
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and,
if
applicable,
count
of
children
requiring
special
1
education
of
the
school
district
in
which
the
student
resides.
2
The
public
charter
school
shall
report
all
such
data
to
the
3
school
districts
of
residence
in
a
timely
manner.
Each
school
4
district
shall
report
such
enrollment,
attendance,
and
count
5
of
students
with
disabilities
to
the
state
department
of
6
education.
The
school
district
must
pay
directly
to
the
public
7
charter
school
for
each
student
enrolled
in
the
public
charter
8
school
who
resides
in
the
school
district
100
percent
of
the
9
amount
calculated
under
the
state’s
funding
formula,
and
any
10
categorical
funds,
for
that
student.
A
school
district
shall
11
pay
directly
to
a
public
charter
school
any
federal
or
state
12
aid
attributable
to
a
student
with
a
disability
attending
the
13
school.
14
Every
authorizer
is
required
to
submit
to
the
commission
15
and
the
general
assembly
an
annual
report.
Persistently
16
unsatisfactory
performance
of
an
authorizer’s
portfolio
of
17
public
charter
schools,
a
pattern
of
well-founded
complaints
18
about
the
authorizer
or
its
public
charter
schools,
or
other
19
objective
circumstances
may
trigger
a
special
review
by
the
20
commission.
21
If
an
authorizer
granted
chartering
authority
persists,
22
after
due
notice
from
the
commission,
in
violating
a
23
material
provision
of
a
charter
contract
or
its
authorizing
24
contract
with
the
commission,
or
fails
to
remedy
other
25
identified
authorizing
problems,
the
commission
shall
notify
26
the
authorizer
that
it
intends
to
revoke
the
authorizer’s
27
chartering
authority
unless
the
authorizer
demonstrates
28
a
timely
and
satisfactory
remedy
for
the
violation
or
29
deficiencies.
30
To
solicit,
encourage,
and
guide
the
development
of
quality
31
public
charter
school
applications,
every
authorizer
must
32
issue
and
broadly
publicize
a
request
for
proposals.
Charter
33
applicants
may
submit
a
proposal
for
a
particular
public
34
charter
school
to
no
more
than
one
authorizer
at
a
time.
The
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bill
includes
a
list
of
what
each
charter
application
must
1
include.
2
In
the
case
of
a
proposal
to
establish
a
virtual
public
3
charter
school,
the
request
for
proposals
for
applications
4
shall
additionally
require
the
applicants
to
describe
the
5
proposed
school’s
system
of
course
credits
and
how
the
school
6
will
monitor
and
verify
full-time
student
enrollment,
student
7
participation
in
a
full
course
load,
credit
accrual,
and
course
8
completion;
monitor
and
verify
student
progress
and
performance
9
in
each
course
through
regular,
proctored
assessments
and
10
submissions
of
coursework;
conduct
parent-teacher
conferences;
11
and
administer
state-required
assessments
to
all
students
in
a
12
proctored
setting.
13
A
proposed
public
charter
school
may
contract
with
an
14
education
service
provider
for
substantial
educational
15
services,
management
services,
or
both
types
of
services.
16
In
reviewing
and
evaluating
charter
applications,
17
authorizers
must
employ
procedures,
practices,
and
criteria
18
consistent
with
nationally
recognized
principles
and
standards
19
for
quality
charter
authorizing.
The
application
review
20
process
shall
include
thorough
evaluation
of
each
written
21
charter
application,
an
in-person
interview
with
the
applicant
22
group,
and
an
opportunity
in
a
public
forum
for
local
residents
23
to
learn
about
and
provide
input
on
each
application.
24
In
deciding
whether
to
approve
charter
applications,
25
authorizers
must
grant
charters
only
to
applicants
that
have
26
demonstrated
competence
in
each
element
of
the
authorizer’s
27
published
approval
criteria
and
are
likely
to
open
and
28
operate
a
successful
public
charter
school;
base
decisions
on
29
documented
evidence
collected
through
the
application
review
30
process;
and
follow
charter-granting
policies
and
practices
31
that
are
transparent,
based
on
merit,
and
avoid
conflicts
of
32
interest
or
any
appearance
of
conflicts
of
interests.
33
For
any
charter
denial,
the
authorizer
shall
clearly
state,
34
for
public
record,
its
reasons
for
denial.
A
denied
applicant
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may
subsequently
reapply
to
that
authorizer
or
apply
to
any
1
other
authorizer
in
the
state.
2
An
initial
charter
shall
be
granted
for
a
term
of
five
3
operating
years.
4
The
performance
provisions
within
the
charter
contract
shall
5
be
based
on
a
performance
framework
that
clearly
sets
forth
6
the
academic
and
operational
performance
indicators,
measures,
7
and
metrics
that
will
guide
the
authorizer’s
evaluations
of
8
each
public
charter
school.
The
performance
framework
includes
9
indicators
and
measures
for
student
academic
proficiency,
10
student
academic
growth,
achievement
gaps
in
both
proficiency
11
and
growth
between
major
student
subgroups,
attendance,
12
recurrent
enrollment
from
year
to
year,
postsecondary
13
readiness,
financial
performance
and
sustainability,
and
board
14
performance
and
stewardship.
15
The
bill
provides
for
ongoing
oversight
and
corrective
16
actions.
Every
authorizer
is
authorized
to
take
appropriate
17
corrective
actions
or
exercise
sanctions
short
of
revocation
18
in
response
to
apparent
deficiencies
in
public
charter
school
19
performance
or
legal
compliance.
Such
actions
or
sanctions
20
may
include,
if
warranted,
requiring
a
school
to
develop
and
21
execute
a
corrective
action
plan
within
a
specified
time
frame.
22
A
charter
may
be
renewed
for
successive
five-year
terms
of
23
duration.
A
charter
contract
may
be
revoked
at
any
time
or
not
24
renewed
if
the
authorizer
determines
that
the
public
charter
25
school
commits
a
material
and
substantial
violation
of
any
of
26
the
terms,
conditions,
standards,
or
procedures
required
under
27
the
new
Code
chapter
or
the
charter
contract;
fails
to
meet
or
28
make
sufficient
progress
toward
the
performance
expectations
29
set
forth
in
the
charter
contract;
fails
to
meet
generally
30
accepted
standards
of
fiscal
management;
or
substantially
31
violates
any
material
provision
of
law
from
which
the
public
32
charter
school
was
not
exempted.
33
Prior
to
any
public
charter
school
closure
decision,
an
34
authorizer
must
have
developed
a
public
charter
school
closure
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protocol
to
ensure
timely
notification
to
parents,
orderly
1
transition
of
students
and
student
records
to
new
schools,
and
2
proper
disposition
of
school
funds,
property,
and
assets.
In
3
the
event
of
a
public
charter
school
closure,
the
assets
of
4
the
school
shall
be
distributed
first
to
satisfy
outstanding
5
payroll
obligations
for
employees
of
the
school,
then
to
6
creditors
of
the
school,
and
then
to
the
commission
for
7
transfer
to
the
treasurer
of
state
for
deposit
in
the
state
8
general
fund.
9
On
or
before
December
1,
the
commission
must
issue
to
the
10
governor,
the
general
assembly,
and
the
public
at
large,
an
11
annual
report
on
the
state’s
public
charter
schools,
drawing
12
from
the
annual
reports
submitted
by
every
authorizer
as
well
13
as
any
additional
relevant
data
compiled
by
the
commission,
for
14
the
school
year
ending
in
the
preceding
calendar
year.
15
A
public
charter
school
shall
be
a
nonprofit
education
16
organization
subject
to
all
federal
laws.
For
purposes
of
17
federal
programs
and
funding,
a
public
charter
school
shall
18
function
as
a
local
educational
agency.
19
The
per-student
facility
allowance
for
public
charter
20
schools
shall
be
the
total
capital
costs
for
public
schools
in
21
the
state
over
the
past
five
years
divided
by
the
total
student
22
count
in
the
state
over
the
past
five
years.
The
actual
23
facility
allowance
payments
to
be
received
by
each
public
24
charter
school
shall
be
determined
as
follows:
the
per-student
25
facility
allowance
shall
be
multiplied
by
the
number
of
26
students
estimated
to
be
attending
each
public
charter
school.
27
The
bill
directs
the
state
board
of
education
to
establish,
28
within
available
bond
authorizations,
a
grant
program
to
assist
29
public
charter
schools
in
financing
school
building
projects,
30
general
improvements
to
school
buildings,
and
repayment
of
31
debt
for
school
building
projects.
Public
charter
schools
32
may
apply
for
such
grants
to
the
state
board
of
education
at
33
such
time
and
in
such
manner
as
the
state
board
of
education
34
prescribes.
The
state
board
of
education
shall
give
preference
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to
applications
that
provide
for
matching
funds
from
nonstate
1
sources.
2
The
bill
authorizes
the
Iowa
finance
authority
to
issue
3
bonds
in
aggregate
amounts
to
be
determined
by
the
school
4
budget
review
committee.
The
proceeds
of
the
sale
of
bonds
5
shall
be
used
by
the
authority
for
public
charter
school
6
facilities.
7
The
bill
establishes
a
public
charter
school
facility
8
revolving
loan
program
in
the
state
treasury
under
the
control
9
of
the
state
board
of
education
comprised
of
federal
funds
10
obtained
by
the
state
for
public
charter
schools
and
any
other
11
funds
appropriated
or
transferred
to
the
fund
by
the
state.
12
Loans
may
be
made
from
moneys
in
the
revolving
loan
program
13
to
a
public
charter
school.
Money
loaned
to
a
public
charter
14
school
shall
be
for
construction,
purchase,
renovation,
and
15
maintenance
of
public
charter
school
facilities.
16
A
public
charter
school
shall
have
access
to
any
school
17
infrastructure
funds
available
under
Code
chapter
292,
any
18
school
infrastructure
safety
funds
available
under
Code
section
19
423E.6,
and
the
school
district
of
residence
shall
pay
directly
20
to
the
public
charter
school
for
each
student
enrolled
in
the
21
public
charter
school
who
resides
in
the
school
district
an
22
amount
for
that
student
equal
to
100
percent
of
the
amount
23
calculated
pursuant
to
the
secure
an
advanced
vision
for
24
education
fund
distribution
formula
pursuant
to
Code
section
25
423E.4.
26
The
bill
creates
in
the
state
treasury,
if
the
general
27
assembly
appropriates
funds
to
the
department
of
education
28
for
purposes
of
the
fund,
a
credit
enhancement
fund
under
the
29
control
of
the
state
board
of
education.
Fund
moneys
can
be
30
used
by
the
state
board
to
make
and
disburse
grants
to
eligible
31
nonprofit
corporations
to
carry
out
activities
to
assist
public
32
charter
schools
in
obtaining
financing
to
acquire
interests
33
in
real
property
and
for
construction
of
facilities
or
the
34
renovation,
repair,
or
alteration
of
existing
property
or
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facilities;
for
enhancing
the
availability
of
loans;
and
for
1
obtaining
lease
guarantees.
2
A
public
charter
school
is
given
first
refusal
rights
to
3
purchase
or
lease
at
or
below
fair
market
value
a
closed
public
4
school
facility
or
property
or
unused
portions
of
a
public
5
school
facility
or
property
located
in
a
school
district
from
6
which
it
draws
its
students
if
the
school
district
decides
to
7
sell
or
lease
the
public
school
facility
or
property.
8
A
public
charter
school
may
negotiate
and
contract
at
or
9
below
fair
market
value
with
a
school
district,
the
governing
10
body
of
a
state
college
or
university
or
public
community
11
college,
or
any
other
public
or
for-profit
or
nonprofit
private
12
entity
for
the
use
of
facility
for
a
school
building.
13
Any
facility
used
to
house
a
public
charter
school
is
exempt
14
from
property
taxes
and
from
assessments
of
fees
for
building
15
permits,
fees
for
building
and
occupational
licenses,
impact
16
fees,
service
availability
fees,
and
assessments
for
special
17
benefits.
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