House Study Bill 610 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON JORGENSEN) A BILL FOR An Act relating to the open enrollment of students for purposes 1 of receiving educational instruction and course content 2 delivered primarily over the internet and providing for 3 an online learning program to be created as a new school 4 within an existing public school, within a charter school 5 or innovation zone school, or as an independently operating 6 charter school. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 6094YC (3) 85 kh/rj

H.F. _____ Section 1. Section 256.7, subsection 32, paragraph b, Code 1 2014, is amended to read as follows: 2 b. Except as provided in paragraph “c” Upon approving 3 an application for an online learning program in accordance 4 with chapter 256F.3 , adopt rules prohibiting authorizing the 5 open enrollment of students whose for purposes of receiving 6 educational instruction and course content are delivered 7 primarily over the internet. 8 Sec. 2. Section 256.7, subsection 32, paragraph c, 9 unnumbered paragraph 1, Code 2014, is amended to read as 10 follows: 11 Adopt rules , notwithstanding paragraph “b” , that limit the 12 statewide enrollment of pupils in educational instruction and 13 course content that are delivered primarily over the internet 14 to not more than eighteen one-hundredths of one percent of 15 the statewide enrollment of all pupils, and that limit the 16 number of pupils participating in open enrollment for purposes 17 of receiving educational instruction and course content that 18 are delivered primarily over the internet to no more than one 19 percent of a sending district’s enrollment. Until June 30, 20 2015, students who meet the requirements of section 282.18 may 21 participate in open enrollment under this paragraph “c” for 22 purposes of enrolling only in the CAM community school district 23 or the Clayton Ridge community school district. 24 Sec. 3. Section 256F.1, subsection 1, Code 2014, is amended 25 to read as follows: 26 1. Charter schools , online learning programs, and 27 innovation zone schools shall be part of the state’s program of 28 public education. 29 Sec. 4. Section 256F.1, subsection 3, unnumbered paragraph 30 1, Code 2014, is amended to read as follows: 31 The purpose of a charter school , an online learning program, 32 or an innovation zone school established pursuant to this 33 chapter shall be to accomplish the following: 34 Sec. 5. Section 256F.1, Code 2014, is amended by adding the 35 -1- LSB 6094YC (3) 85 kh/rj 1/ 18

H.F. _____ following new subsection: 1 NEW SUBSECTION . 5. An online learning program may be 2 created as a new school within an existing public school, 3 within a charter school or an innovation zone school, or 4 as an independently operating charter school. However, 5 notwithstanding section 256F.2, subsection 7A, an online 6 program created as a new school within an existing public 7 school, within a charter school, or within an innovation zone 8 school shall be considered a charter school or an innovation 9 zone school for purposes of this chapter. 10 Sec. 6. Section 256F.2, subsection 1, Code 2014, is amended 11 to read as follows: 12 1. “Advisory council” means a council appointed by the 13 school board of directors of a charter school , an online 14 learning program, or an innovation zone consortium pursuant to 15 section 256F.5, subsection 4 . 16 Sec. 7. Section 256F.2, Code 2014, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 7A. “Online learning program” means an 19 independently operating program providing online instruction in 20 accordance with the online learning program model established 21 pursuant to section 256.43, and that receives approval from the 22 state board to provide full-time online instruction pursuant to 23 this chapter. 24 Sec. 8. Section 256F.3, subsection 1, Code 2014, is amended 25 to read as follows: 26 1. The state board of education shall apply for a federal 27 grant under Pub. L. No. 107-110, cited as the federal No Child 28 Left Behind Act of 2001, Tit. V, pt. B, subpt. 1, for purposes 29 of providing financial assistance for the planning, program 30 design, and initial implementation of public charter schools. 31 The department shall monitor the effectiveness of charter 32 schools , online learning programs, and innovation zone schools 33 and shall implement the applicable provisions of this chapter . 34 Sec. 9. Section 256F.3, subsection 2, Code 2014, is amended 35 -2- LSB 6094YC (3) 85 kh/rj 2/ 18

H.F. _____ by adding the following new paragraph: 1 NEW PARAGRAPH . d. To receive approval to establish an 2 online learning program, the proposed operator of the online 3 learning program shall submit an application to the state 4 board. However, notwithstanding section 256F.2, subsection 7A, 5 if the online learning program is proposed to be created as a 6 new school within an existing public school, within a charter 7 school, or within an innovation zone school, the approval 8 procedure and application process shall be as provided in 9 paragraph “a” or “b” , as appropriate, and subsections 3, 4, 5, 10 6, and 7. 11 Sec. 10. Section 256F.3, subsection 7, Code 2014, is amended 12 to read as follows: 13 7. An application submitted to the state board pursuant to 14 subsection 2 , paragraph “b” or “d” , or subsection 6 shall set 15 forth the manner in which the charter school , online learning 16 program, or innovation zone school will provide special 17 instruction, in accordance with section 280.4 , to students who 18 are limited English proficient. The application shall set 19 forth the manner in which the charter school , online learning 20 program, or innovation zone school will comply with federal and 21 state laws and regulations relating to the federal National 22 School Lunch Act and the federal Child Nutrition Act of 1966, 23 42 U.S.C. § 1751–1785, and chapter 283A . The state board shall 24 approve only those applications that meet the requirements 25 specified in section 256F.1, subsection 3 , and sections 256F.4 26 and 256F.5 . The state board may deny an application if the 27 state board deems that approval of the application is not in 28 the best interest of the affected students. 29 Sec. 11. Section 256F.4, subsections 1, 3, 4, 5, 6, and 8, 30 Code 2014, are amended to read as follows: 31 1. Within fifteen days after approval of a charter school , 32 online learning program, or innovation zone school application 33 submitted in accordance with section 256F.3, subsection 2 , 34 a school board , online learning program, or innovation zone 35 -3- LSB 6094YC (3) 85 kh/rj 3/ 18

H.F. _____ consortium shall report to the department the name of the 1 charter school applicant if applicable, the proposed charter 2 school , online learning program, or innovation zone school 3 location, and the charter school or innovation zone school’s 4 projected enrollment. 5 3. A charter school , online learning program, or innovation 6 zone school shall not discriminate in its student admissions 7 policies or practices on the basis of intellectual or athletic 8 ability, measures of achievement or aptitude, or status as a 9 person with a disability. However, a charter school , online 10 learning program, or innovation zone school may limit admission 11 to students who are within a particular range of ages or grade 12 levels or on any other basis that would be legal if initiated 13 by a school district. Enrollment priority shall be given to 14 the siblings of students enrolled in a charter school , online 15 learning program, or innovation zone school. 16 4. a. A charter school or innovation zone school shall 17 enroll an eligible resident student who submits a timely 18 application unless the number of applications exceeds the 19 capacity of a program, class, grade level, or building. In 20 this case, students must be accepted by lot. 21 b. A charter school or innovation zone school may 22 enroll an eligible nonresident student who submits a timely 23 application in accordance with the student admission policy 24 established pursuant to section 256F.5, subsection 1 . If the 25 charter school or innovation zone school enrolls an eligible 26 nonresident student, the charter school or innovation zone 27 school shall notify the school district of residence and the 28 sending district not later than March 1 of the preceding school 29 year. 30 c. For purposes of this section, all students who register 31 in an online learning program shall be considered nonresident 32 students and a student’s school district of residence shall be 33 considered a sending school district. 34 d. Transportation for the an enrolled student shall be 35 -4- LSB 6094YC (3) 85 kh/rj 4/ 18

H.F. _____ in accordance with section 282.18, subsection 10 . An online 1 learning program is exempt from this paragraph. 2 e. The sending district shall make payments to the charter 3 school , online learning program, or innovation zone consortium 4 in the manner required under section 282.18, subsection 7 . 5 If the nonresident a pupil enrolled in a charter school or 6 innovation zone school is also an eligible pupil under section 7 261E.6 , the charter school, online learning program, or 8 innovation zone consortium shall pay the tuition reimbursement 9 amount to an eligible postsecondary institution as provided in 10 section 261E.7 . 11 5. A charter school , online learning program, or innovation 12 zone school shall provide instruction for at least the number 13 of days or hours required by section 279.10, subsection 1 , or 14 shall provide at least the equivalent number of total hours . 15 6. Notwithstanding subsection 2 , a charter school , online 16 learning program, or innovation zone school shall meet the 17 requirements of section 256.7, subsection 21 . 18 8. A charter school , online learning program, or innovation 19 zone consortium may enter into contracts in accordance with 20 chapter 26 . 21 Sec. 12. Section 256F.4, subsection 2, unnumbered paragraph 22 1, Code 2014, is amended to read as follows: 23 Although a charter school , online learning program, or 24 innovation zone school may elect to comply with one or more 25 provisions of statute or administrative rule, a charter school , 26 online learning program, or innovation zone school is exempt 27 from all statutes and rules applicable to a school, a school 28 board, or a school district, except that the charter school , 29 online learning program, or innovation zone school shall do all 30 of the following: 31 Sec. 13. Section 256F.4, subsection 2, paragraphs g and i, 32 Code 2014, are amended to read as follows: 33 g. Be subject to and comply with chapter 284 relating to 34 the student achievement and teacher quality program. A charter 35 -5- LSB 6094YC (3) 85 kh/rj 5/ 18

H.F. _____ school , online learning program, or innovation zone school 1 that complies with chapter 284 shall receive state moneys or 2 be eligible to receive state moneys calculated as provided in 3 section 257.10, subsections 9 and 10 , and section 257.37A as 4 if it did not operate under a charter school , online learning 5 program, or innovation zone school contract. 6 i. Be subject to and comply with the provisions of chapter 7 285 relating to the transportation of students. An online 8 learning program is exempt from this paragraph. 9 Sec. 14. Section 256F.4, subsection 7, paragraph b, Code 10 2014, is amended to read as follows: 11 b. Students enrolled in an innovation zone school or online 12 learning program shall be counted, for state school foundation 13 aid purposes, in the student’s district of residence. 14 Sec. 15. Section 256F.5, unnumbered paragraph 1, Code 2014, 15 is amended to read as follows: 16 An application to the state board for the approval of a 17 charter school , online learning program, or innovation zone 18 school shall include but shall not be limited to a description 19 of the following: 20 Sec. 16. Section 256F.5, subsections 1, 2, 4, 6, 7, 10, 21 12, 13, 14, 15, 16, and 17, Code 2014, are amended to read as 22 follows: 23 1. The method for admission to the charter school , online 24 learning program, or innovation zone school. 25 2. The mission, purpose, innovation, and specialized focus 26 of the charter school , online learning program, or innovation 27 zone school. 28 4. The method for appointing or forming an advisory council 29 for the charter school , online learning program, or innovation 30 zone school. The membership of an advisory council appointed 31 or formed in accordance with this chapter shall not include 32 more than one member of a participating school board. 33 6. The charter school , online learning program, or 34 innovation zone school governance and bylaws. 35 -6- LSB 6094YC (3) 85 kh/rj 6/ 18

H.F. _____ 7. The financial plan for the operation of the charter 1 school , online learning program, or innovation zone school 2 including, at a minimum, a listing of the support services 3 the school district , online learning program, or innovation 4 zone consortium will provide, and the charter school , online 5 learning program, or innovation zone school’s revenues, 6 budgets, and expenditures. 7 10. The organization of the charter school , online learning 8 program, or innovation zone school in terms of ages of students 9 or grades to be taught along with an estimate of the total 10 enrollment of the charter school , online learning program, or 11 innovation zone school. 12 12. A statement indicating how the charter school , online 13 learning program, or innovation zone school will meet the 14 requirements of section 256F.1, as applicable; section 256F.4, 15 subsection 2 , paragraph “a” ; and section 256F.4, subsection 3 . 16 13. Assurance of the assumption of liability by the charter 17 school , online learning program, or the innovation zone 18 consortium for the innovation zone school. 19 14. The types and amounts of insurance coverage to be 20 obtained by the charter school , online learning program, or 21 innovation zone consortium for the innovation zone school. 22 15. A plan of operation to be implemented if the charter 23 school , online learning program, or innovation zone consortium 24 revokes or fails to renew its contract. 25 16. The means, costs, and plan for providing transportation 26 for students enrolled in the charter school or innovation 27 zone school. An online learning program is exempt from this 28 subsection. 29 17. The specific statutes, administrative rules, and school 30 board policies with which the charter school , online learning 31 program, or innovation zone school does not intend to comply. 32 Sec. 17. Section 256F.6, Code 2014, is amended to read as 33 follows: 34 256F.6 Contract. 35 -7- LSB 6094YC (3) 85 kh/rj 7/ 18

H.F. _____ 1. a. An approved charter school or innovation zone school 1 application shall constitute an agreement, the terms of which 2 shall, at a minimum, be the terms of a four-year enforceable, 3 renewable contract between a school board, or the boards 4 participating in an innovation zone consortium, and the state 5 board. The contract shall include an operating agreement for 6 the operation of the charter school or innovation zone school. 7 The terms of the contract may be revised at any time with 8 the approval of both the state board and the school board or 9 the boards participating in the innovation zone consortium, 10 whether or not the stated provisions of the contract are being 11 fulfilled Once a charter school, online learning program, or 12 innovation zone school application has been approved by the 13 state board, the state board shall enter into a renewable 14 performance-based contract with the charter school, online 15 learning program, or innovation zone school . The term of 16 the contract shall not exceed four years. The terms of the 17 contract must address each component of the application, and 18 for online learning programs must also include description and 19 agreement regarding the methods by which the school will meet 20 all of the following requirements: 21 (1) Monitor and verify full-time student enrollment, 22 student participation in a full course load, credit accrual, 23 and course completion. 24 (2) Monitor and verify student progress and performance 25 in each course through regular proctored assessments and 26 submissions of coursework. 27 (3) Conduct parent-teacher conferences. 28 (4) Administer state-required assessments to all students 29 in a proctored setting or pursuant to state law. 30 b. A contract may be renewed by agreement of the school 31 board or the boards participating in an innovation zone 32 consortium, as applicable, and the state board. 33 c. The charter school , online learning program, or 34 innovation zone consortium shall provide parents and guardians 35 -8- LSB 6094YC (3) 85 kh/rj 8/ 18

H.F. _____ of students enrolled in the charter school , online learning 1 program, or innovation zone school with a copy of the charter 2 school , online learning program, or innovation zone school 3 application approved pursuant to section 256F.5 . 4 2. The contract shall outline the reasons clearly set forth 5 causes for revocation or nonrenewal of the contract. 6 3. The contract shall include a closure protocol to ensure 7 timely notification to parents, orderly transition of students 8 and student records to new schools, and proper disposition of 9 school funds, property, and assets in the event a contract 10 is revoked or not renewed. The closure protocol shall 11 specify tasks, timelines, and responsible parties, including 12 delineating the respective duties of the responsible parties. 13 3. 4. The state board of education shall provide by rule 14 for the ongoing review of each party’s compliance with a 15 contract entered into in accordance with this chapter . 16 Sec. 18. Section 256F.7, subsections 1 and 2, Code 2014, are 17 amended to read as follows: 18 1. A charter school , online learning program, or the boards 19 participating in an innovation zone consortium shall employ or 20 contract with necessary teachers and administrators, as defined 21 in section 272.1 , who hold a valid license with an endorsement 22 for the type of service for which the teacher or administrator 23 is employed. 24 2. The school board , online learning program, or innovation 25 zone consortium, as specified in the application, in 26 consultation with the advisory council, shall decide matters 27 related to the operation of the charter school , online learning 28 program, or innovation zone school, including budgeting, 29 curriculum, and operating procedures. 30 Sec. 19. Section 256F.8, subsection 1, unnumbered paragraph 31 1, Code 2014, is amended to read as follows: 32 A contract for the establishment of a charter school , online 33 learning program, or innovation zone school may shall be 34 revoked by the state board, the school board that established 35 -9- LSB 6094YC (3) 85 kh/rj 9/ 18

H.F. _____ the charter school, online learning program operator, or the 1 innovation zone consortium that established the innovation zone 2 school if the appropriate board or consortium determines that 3 one or more of the following occurred: 4 Sec. 20. Section 256F.8, subsection 1, paragraphs a, b, c, 5 and e, Code 2014, are amended to read as follows: 6 a. Failure of the charter school , online learning program, 7 or innovation zone school to abide by and meet the provisions 8 set forth in the contract, including educational goals. 9 b. Failure of the charter school , online learning program, 10 or innovation zone school to comply with all applicable law. 11 c. Failure of the charter school , online learning program, 12 or innovation zone school to meet generally accepted public 13 sector accounting principles. 14 e. Assessment of student progress, which is administered 15 in accordance with state and locally determined indicators 16 established pursuant to rules adopted by the state board, 17 does not show improvement in student progress over that 18 which existed in the same student population prior to the 19 establishment of the charter school , online learning program, 20 or the innovation zone school. 21 Sec. 21. Section 256F.8, subsections 3, 4, and 6, Code 2014, 22 are amended to read as follows: 23 3. A The state board, a school board , or a board 24 participating in an innovation zone consortium that is 25 considering revocation or nonrenewal of a charter school , 26 online learning program, or innovation zone school contract 27 shall notify the advisory council, the parents or guardians of 28 the students enrolled in the charter school , online learning 29 program, or innovation zone school, and the teachers and 30 administrators employed by the charter school , online learning 31 program, or innovation zone school, sixty days prior to 32 revoking or the date by which the contract must be renewed, but 33 not later than the last day of classes in the school year. 34 4. If the state board determines that a charter school , 35 -10- LSB 6094YC (3) 85 kh/rj 10/ 18

H.F. _____ online learning program, or innovation zone school is in 1 substantial violation of the terms of the contract or ranked 2 in the bottom ten percent of all schools in the state for two 3 consecutive years in terms of student achievement , the state 4 board shall notify the school board , online learning program 5 operator, or innovation zone consortium and the advisory 6 council of its intention to revoke the contract at least sixty 7 days prior to revoking a contract and the school board or the 8 school boards participating in the innovation zone consortium 9 shall assume oversight authority, operational authority, 10 or both oversight and operational authority. In the event 11 of revocation of an online learning program contract, the 12 state board and the online learning program operator shall 13 abide by the closure protocol specified in the contract. The 14 notice shall state the grounds for the proposed action in 15 writing and in reasonable detail. The school board , online 16 learning program operator, or innovation zone consortium 17 may request in writing an informal hearing before the state 18 board within fourteen days of receiving notice of revocation 19 of the contract. Upon receiving a timely written request 20 for a hearing, the state board shall give reasonable notice 21 to the school board , online learning program operator, or 22 innovation zone consortium of the hearing date. The state 23 board shall conduct an informal hearing before taking final 24 action. Final action to revoke a contract shall be taken in 25 a manner least disruptive to students enrolled in the charter 26 school , online learning program operator, or innovation zone 27 school. The state board shall take final action to revoke or 28 approve continuation of a contract by the last day of classes 29 in the school year. If the final action to revoke a contract 30 under this section occurs prior to the last day of classes in 31 the school year, a charter school , online learning program, 32 or innovation zone school student may enroll in the resident 33 district. 34 6. A The state board, a school board revoking a contract or 35 -11- LSB 6094YC (3) 85 kh/rj 11/ 18

H.F. _____ a school board, innovation zone consortium, or advisory council 1 that fails to renew a contract under this chapter , is not 2 liable for that action to the charter school , online learning 3 program, or innovation zone school, a student enrolled in the 4 charter school , online learning program, or innovation zone 5 school or the to a student’s parent or guardian, or any other 6 person. 7 Sec. 22. Section 256F.9, Code 2014, is amended to read as 8 follows: 9 256F.9 Procedures after revocation —— student enrollment. 10 If a charter school , online learning program, or innovation 11 zone school contract is revoked in accordance with this 12 chapter , a nonresident student who attended the school or a 13 student who attended the online learning program , and any 14 siblings of the student, shall be determined to have shown 15 “good cause” as provided in section 282.18, subsection 4 , 16 paragraph “b” , and may submit an application to another school 17 district according to section 282.18 at any time. Applications 18 and notices required by section 282.18 shall be processed 19 and provided in a prompt manner. The application and notice 20 deadlines in section 282.18 do not apply to a nonresident 21 student application under these circumstances. 22 Sec. 23. Section 256F.10, Code 2014, is amended to read as 23 follows: 24 256F.10 Reports. 25 1. A charter school , online learning program, or innovation 26 zone school shall report at least annually to the school board 27 or innovation zone consortium, advisory council, and the state 28 board on progress made under the components contained in the 29 performance-based contract entered into pursuant to section 30 256F.6, as well as any information required by the school board 31 or innovation zone consortium, advisory council, or the state 32 board. The reports are public records subject to chapter 22 . 33 2. A charter school, online learning program, or innovation 34 zone school that enters into a performance-based contract 35 -12- LSB 6094YC (3) 85 kh/rj 12/ 18

H.F. _____ pursuant to section 256F.6 shall submit an annual report to the 1 state board summarizing the following: 2 a. The strategic vision for opening the charter school or 3 innovation zone school, or for establishing the online learning 4 program, and the progress towards achieving that vision. 5 b. The academic and financial performance of the charter 6 school, innovation zone school, or online learning program. 7 c. The status of the charter school, innovation zone school, 8 or online learning program, including but not limited to 9 whether that school or program is approved but not open, open 10 and operating, or closed. 11 d. The functions provided by the school board, or the 12 boards participating in an innovation zone consortium, advisory 13 councils, and online learning program operator to the charter 14 school, online learning program, or innovation zone school. 15 e. The charter school, online learning program, or 16 innovation zone school operating costs and expenses related 17 to administering the charter school, online learning program, 18 or innovation zone school in the form of an annual audited 19 financial statement that conforms to generally accepted 20 accounting principles. 21 2. 3. Not later than December 1 annually, the state 22 board shall submit a comprehensive report with findings 23 and recommendations to the general assembly. The report 24 shall evaluate the state’s charter school schools, online 25 learning programs, and innovation zone school programs schools 26 generally, including but not limited to an evaluation of 27 whether the charter schools , online learning programs, and 28 innovation zone schools are fulfilling the purposes set 29 forth in section 256F.4, subsection 2 . The report also shall 30 contain, for each charter school , online learning program, 31 or innovation zone school, a copy of the charter school , 32 online learning program, or innovation zone school’s mission 33 statement, attendance statistics and dropout rate, aggregate 34 assessment test scores, projections of financial stability, the 35 -13- LSB 6094YC (3) 85 kh/rj 13/ 18

H.F. _____ number and qualifications of teachers and administrators, and 1 number of and comments on supervisory visits by the department 2 of education. 3 Sec. 24. Section 282.18, subsection 4, paragraph b, Code 4 2014, is amended to read as follows: 5 b. For purposes of this section , “good cause” means a change 6 in a child’s residence due to a change in family residence, a 7 change in the state in which the family residence is located, 8 a change in a child’s parents’ marital status, a guardianship 9 or custody proceeding, placement in foster care, adoption, 10 participation in a foreign exchange program, or participation 11 in a substance abuse or mental health treatment program, a 12 change in the status of a child’s resident district such as 13 removal of accreditation by the state board, surrender of 14 accreditation, or permanent closure of a nonpublic school, 15 revocation of a charter school contract as provided in section 16 256F.8 , the failure of negotiations for a whole grade sharing, 17 reorganization, dissolution agreement or the rejection of a 18 current whole grade sharing agreement, or reorganization plan. 19 If the good cause relates to a change in status of a child’s 20 school district of residence, however, action by a parent 21 or guardian must be taken to file the notification within 22 forty-five days of the last board action or within thirty days 23 of the certification of the election, whichever is applicable 24 to the circumstances. 25 Sec. 25. TRANSITION PROVISIONS. Any contract issued 26 or entered into by a school district, charter school, or 27 innovation zone consortium relative to the provisions of 28 chapter 256F, Code 2014, in effect on the effective date of 29 this Act shall continue in full force and effect until such 30 contract is renewed or expires. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill relates to online learning programs by directing 35 -14- LSB 6094YC (3) 85 kh/rj 14/ 18

H.F. _____ the state board of education, upon approving an application for 1 an online learning program under Code chapter 256F, regulating 2 charter and innovation zone schools, to adopt rules authorizing 3 the open enrollment of students for purposes of receiving 4 educational instruction and course content delivered primarily 5 over the internet, and by amending Code chapter 256F to provide 6 that an online learning program may be created as a new school 7 within an existing public school, within a charter school 8 or innovation zone school, or as an independently operating 9 charter school. 10 Currently, the state board is directed to adopt rules 11 prohibiting such open enrollment in general but to allow, until 12 June 30, 2015, up to 1 percent of a school district’s students 13 to participate in open enrollment for such online instruction 14 only in the CAM community school district or the Clayton Ridge 15 community school district. 16 The bill defines “online learning program” to mean an 17 independently operating program providing online instruction in 18 accordance with the online learning program model established 19 pursuant to Code section 256.43, and that receives approval 20 from the state board to provide full-time online instruction. 21 To receive approval to establish an online learning program, 22 the proposed operator of the online learning program must 23 submit an application to the state board. 24 An online learning program created as a new school within 25 an existing public school, within a charter school, or within 26 an innovation zone school shall be considered a charter school 27 or an innovation zone school for purposes of the processes and 28 requirements of the Code chapter. The bill makes corresponding 29 changes throughout the Code chapter. 30 The bill strikes language that provides that the approved 31 charter school or innovation school application constitutes 32 an agreement, the terms of which shall, at a minimum, be the 33 terms of a four-year enforceable, renewable contract between 34 a school board, or the boards participating in an innovation 35 -15- LSB 6094YC (3) 85 kh/rj 15/ 18

H.F. _____ zone consortium, and the state board; the contract includes 1 an operating agreement for the operation of the school; and 2 the terms of the contract may be revised at any time with 3 the approval of both the state board and the school board or 4 the boards participating in the innovation zone consortium, 5 whether or not the stated provisions of the contract are being 6 fulfilled. 7 Instead, the bill provides that after an application is 8 approved by the state board, the state board must enter into 9 a renewable performance-based contract with the school. The 10 term of the contract shall not exceed four years. The terms of 11 the contract must address each component of the application, 12 and for online learning programs must also include description 13 and agreement regarding the methods by which the school will 14 monitor and verify full-time student enrollment, student 15 participation in a full course load, credit accrual, and course 16 completion; monitor and verify student progress and performance 17 in each course through regular proctored assessments and 18 submissions of coursework; conduct parent-teacher conferences; 19 and administer state-required assessments to all students in a 20 proctored setting or pursuant to state law. 21 The contract must clearly set forth the causes for 22 revocation or nonrenewal of the contract, and must include a 23 closure protocol to ensure timely notification to parents, 24 orderly transition of students and student records to new 25 schools, and proper disposition of school funds, property, 26 and assets in the event a contract is revoked or not renewed. 27 The closure protocol shall specify tasks, timelines, and 28 responsible parties, including delineating the respective 29 duties of the responsible parties. 30 The notification requirements required when an entity is 31 considering revocation or nonrenewal of a contract are modified 32 to add the state board to the list of entities that are subject 33 to the notification requirements. 34 Currently, if the state board determines that such a school 35 -16- LSB 6094YC (3) 85 kh/rj 16/ 18

H.F. _____ is in substantial violation of the terms of the contract the 1 state board must notify specific entities of its intention to 2 revoke the contract. The bill adds that the state board may 3 also begin this process if the school is ranked in the bottom 4 10 percent of all schools in the state for two consecutive 5 years in terms of student achievement. The bill provides 6 that in the event of revocation of an online learning program 7 contract, the state board and the online learning program 8 operator shall abide by the closure protocol specified in the 9 contract. 10 Currently, a school board that revokes or fails to renew a 11 contract is not liable for that action to the school, parents 12 of students enrolled in the school, or other persons. To the 13 list of those not liable for a revocation or nonrenewal of 14 a charter school, innovation zone school, or online learning 15 program contract, the bill adds the state board. 16 Currently, such schools must report at least annually to the 17 school board or innovation zone consortium, advisory council, 18 and the state board on information required by the school 19 board or innovation zone consortium, advisory council, or 20 the state board. The bill requires these reports to contain 21 information on progress made under the components contained in 22 the performance-based contract, and to summarize the strategic 23 vision for opening the charter school or innovation zone 24 school, or for establishing the online learning program, and 25 the progress towards achieving that vision; the academic and 26 financial performance of the school or program; the status of 27 the school or program; the functions provided by the school 28 board, or the boards participating in an innovation zone 29 consortium, advisory councils, and online learning program 30 operator to the school or program; and the school or program’s 31 operating costs and expenses related to administering the 32 school or program in the form of an annual audited financial 33 statement that conforms to generally accepted accounting 34 principles. 35 -17- LSB 6094YC (3) 85 kh/rj 17/ 18