House Study Bill 651 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON ROGERS) A BILL FOR An Act establishing an education savings grant program for 1 pupils attending a nonpublic school, establishing an 2 education savings grant fund, providing an income tax 3 exemption, modifying and establishing charter school 4 programs, making appropriations, providing penalties, and 5 including applicability provisions. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 5518YC (13) 87 md/jh

H.F. _____ DIVISION I 1 SHORT TITLE 2 Section 1. SHORT TITLE. This Act shall be known and may be 3 cited as the “Iowa Student Opportunity Act”. 4 DIVISION II 5 EDUCATION SAVINGS GRANTS 6 Sec. 2. Section 8.6, Code 2018, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 16. To adopt rules relating to applications 9 for an education savings grant pursuant to section 257.11B, 10 including application processing timelines and information 11 required to be submitted by a parent or guardian. 12 Sec. 3. NEW SECTION . 257.11B Education savings grant 13 program. 14 1. a. For the school budget year beginning July 1, 2019, 15 and each succeeding school budget year, the following resident 16 pupils who are attending a nonpublic school, as defined in 17 section 285.16, shall be eligible to receive an education 18 savings grant in the manner provided in this section: 19 (1) A pupil eligible to enroll in kindergarten. 20 (2) A pupil eligible to enroll in grade one through grade 21 twelve if the pupil has attended a public school for the 22 equivalent of the two immediately preceding semesters for which 23 the educational savings grant is requested and if the pupil is 24 not otherwise ineligible under this section. 25 (3) A pupil who received an education savings grant for 26 the immediately preceding school budget year, who is eligible 27 to enroll in grade one through grade twelve, and who is not 28 otherwise ineligible under this section. 29 b. Education savings grants shall be made available to 30 parents and guardians in the manner authorized under subsection 31 4, paragraph “c” , for the payment of qualified educational 32 expenses as provided in this section. 33 c. For purposes of this subsection, “resident” means the 34 same as defined in section 282.1. 35 -1- LSB 5518YC (13) 87 md/jh 1/ 44

H.F. _____ 2. a. (1) By January 31 preceding the school year for 1 which the education savings grant is requested, the parent 2 or guardian of the pupil requesting to receive an education 3 savings grant shall submit an application to the department of 4 management, on application forms developed by the department of 5 management, indicating that the parent or guardian intends to 6 enroll the pupil in a nonpublic school. 7 (2) In addition to such information deemed appropriate by 8 the department of management, the application shall require 9 certification from the nonpublic school of the pupil’s 10 enrollment for the following school year. 11 b. By March 1 preceding the school year for which the 12 education savings grant is requested, the department of 13 management shall notify the parent or guardian of each pupil 14 approved for the following school year to receive an education 15 savings grant and the amount of the education savings grant for 16 the pupil. 17 c. Education savings grants shall only be approved for one 18 school year and applications must be submitted annually for 19 education savings grants in subsequent school years. 20 3. The department of management shall assign each pupil an 21 education savings grant in an amount equal to ninety percent of 22 the sum of all the following for the same school budget year: 23 a. The product of the pupil’s weighted enrollment that 24 would otherwise be assigned to the pupil under this chapter if 25 the pupil was enrolled in the pupil’s district of residence 26 multiplied by the difference between eighty-seven and 27 five-tenths percent of the regular program state cost per pupil 28 and the statewide average foundation property tax per pupil. 29 b. The total teacher salary supplement district cost per 30 pupil for the pupil’s district of residence. 31 c. The total professional development supplement district 32 cost per pupil for the pupil’s district of residence. 33 d. The total early intervention supplement district cost per 34 pupil for the pupil’s district of residence. 35 -2- LSB 5518YC (13) 87 md/jh 2/ 44

H.F. _____ e. The total area education agency teacher salary supplement 1 district cost per pupil for the pupil’s district of residence. 2 f. The total area education agency professional development 3 supplement district cost per pupil for the pupil’s district of 4 residence. 5 g. The total teacher leadership supplement district cost per 6 pupil for the pupil’s district of residence. 7 4. An education savings grant fund is created in the state 8 treasury under the control of the department of management 9 consisting of moneys appropriated to the department of 10 management for the purpose of providing education savings 11 grants under this section. For the fiscal year commencing July 12 1, 2019, and each succeeding fiscal year, there is appropriated 13 from the general fund of the state to the department of 14 management to be credited to the fund the amount necessary 15 to pay all education savings grants approved for that fiscal 16 year. The director of the department of management has all 17 powers necessary to carry out and effectuate the purposes, 18 objectives, and provisions of this section pertaining to the 19 fund, including the power to do all of the following: 20 a. Make and enter into contracts necessary for the 21 administration of the fund. 22 b. Procure insurance against any loss in connection with the 23 assets of the fund or require a surety bond. 24 c. Contract with a private financial management firm to 25 manage the fund, in collaboration with the treasurer of state, 26 including providing for the disbursement of education savings 27 grants in the form of an electronic debit card or checks that 28 are payable directly from the pupil’s account within the fund. 29 d. Conduct audits or other review necessary to properly 30 administer the program. 31 e. Adopt rules for the administration of the fund and 32 accounts within the fund. 33 5. a. For each pupil approved for an education savings 34 grant, the department of management shall establish an account 35 -3- LSB 5518YC (13) 87 md/jh 3/ 44

H.F. _____ for that pupil in the education savings grant fund. The amount 1 of the pupil’s education savings grant shall be deposited 2 into the pupil’s account on July 1, and such amount shall be 3 immediately available for the payment of qualified educational 4 expenses incurred by the parent or guardian for the pupil 5 during that fiscal year using the payment method authorized 6 under subsection 4, paragraph “c” . 7 b. A nonpublic school that accepts payment from a parent or 8 guardian using funds from a pupil’s account in the education 9 savings grant fund shall not refund, rebate, or share any 10 portion of such payment with the parent, guardian, or pupil. 11 c. Moneys remaining in a pupil’s account upon conclusion 12 of the fiscal year shall remain in the pupil’s account in the 13 education savings grant fund for the payment of qualified 14 educational expenses in future fiscal years during which the 15 pupil participates in the program or for the payment of higher 16 education costs as provided under subsection 8. 17 6. a. For purposes of this section, “qualified educational 18 expenses” includes tuition and fees at a nonpublic school, 19 textbooks, fees or payments for educational therapies, 20 including tutoring or cognitive skills training, curriculum 21 fees and materials for a course of study for a specific subject 22 matter or grade level, tuition or fees for nonpublic online 23 education programs, education materials and services for pupils 24 with disabilities, including the cost of paraprofessionals 25 and assistants who are trained in accordance with state law, 26 standardized test fees, higher education costs, as defined in 27 section 12D.1, excluding room and board expenses, and other 28 expenses incurred by the parent or guardian that are directly 29 related to the education of the pupil at a nonpublic school, 30 including a nonpublic school accredited by an independent 31 accrediting agency approved by the department of education. 32 b. “Qualified educational expenses” does not include 33 transportation costs for the pupil, the cost of food or 34 refreshments consumed by the pupil, the cost of clothing for 35 -4- LSB 5518YC (13) 87 md/jh 4/ 44

H.F. _____ the pupil, or the cost of disposable materials, including 1 but not limited to paper, notebooks, pencils, pens, and art 2 supplies. 3 7. A person who makes a false claim for the purpose 4 of obtaining an education savings grant provided for in 5 this section or who knowingly receives the grant or makes a 6 payment from an account within the education savings grant 7 fund without being legally entitled to do so is guilty of a 8 fraudulent practice under chapter 714. The false claim for an 9 education savings grant or a payment from an account shall be 10 disallowed. If amounts from the grant have been disbursed from 11 the applicable account in the education savings grant fund, the 12 department of management shall initiate legal proceedings to 13 recover such amounts. A parent or guardian, or a pupil for 14 purposes of subsection 8, who commits a fraudulent practice 15 under this section is prohibited from participating in the 16 education savings grant program in the future. 17 8. a. For each pupil with a positive balance in the pupil’s 18 account in the education savings grant fund upon graduation 19 from high school, the department of management shall maintain 20 the account in the fund until the pupil is twenty-three years 21 of age. Following graduation from high school until the pupil 22 is twenty-three years of age, moneys in the pupil’s account 23 may be used for higher education costs, as defined in section 24 12D.1, incurred by the pupil while attending an institution 25 of higher education under the control of the state board of 26 regents, a community college located in this state, or a 27 private college or university located in this state. Payments 28 from a pupil’s account for higher education costs shall be 29 made in the same manner as payments for qualified educational 30 expenses under subsection 5. Moneys in a pupil’s account when 31 the pupil turns twenty-three years of age shall be transferred 32 by the department of management for deposit in the general fund 33 of the state. 34 b. Notwithstanding the age limitation in paragraph “a” , 35 -5- LSB 5518YC (13) 87 md/jh 5/ 44

H.F. _____ if the pupil with a positive balance in the pupil’s account 1 in the education savings grant fund upon graduation from high 2 school serves on federal active duty, other than training, and 3 is discharged under honorable conditions, the limitation date 4 otherwise applicable under paragraph “a” shall be extended 5 by one year for each year of federal active duty service by 6 the pupil, but not to a date after the pupil’s twenty-seventh 7 birthday. 8 9. This section shall not be construed to authorize the 9 state or any political subdivision of the state to exercise 10 authority over any nonpublic school or construed to require a 11 nonpublic school to modify its academic standards for admission 12 or educational program in order to receive payment from a 13 parent or guardian using funds from a pupil’s account in the 14 education savings grant fund. A nonpublic school that accepts 15 payment from a parent or guardian using funds from a pupil’s 16 account in the education savings grant fund is not an agent of 17 this state or of a political subdivision of this state. Rules 18 adopted by the department to implement this section that impose 19 an undue burden on a nonpublic school are invalid. 20 Sec. 4. Section 422.7, Code 2018, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 51. Subtract, to the extent included, the 23 amount of an education savings grant under section 257.11B 24 received by the taxpayer for payment of qualified educational 25 expenses. 26 Sec. 5. APPLICABILITY. The following applies to school 27 budget years and fiscal years beginning on or after July 1, 28 2019: 29 The section of this division of this Act enacting section 30 257.11B. 31 Sec. 6. APPLICABILITY. The following applies to tax years 32 beginning on or after January 1, 2019: 33 The section of this division of this Act enacting section 34 422.7, subsection 51. 35 -6- LSB 5518YC (13) 87 md/jh 6/ 44

H.F. _____ DIVISION III 1 CHARTER SCHOOLS 2 Sec. 7. NEW SECTION . 256E.1 Purpose. 3 The purpose of a charter school established pursuant to this 4 chapter shall be to accomplish the following: 5 1. Improve student learning. 6 2. Increase learning opportunities for students. 7 3. Encourage the use of different and innovative methods of 8 teaching. 9 4. Require the measurement of learning outcomes and create 10 different and innovative forms of measuring outcomes. 11 5. Establish new forms of accountability for schools. 12 6. Create new professional opportunities for teachers and 13 other educators, including the opportunity to be responsible 14 for the learning program at the school site. 15 7. Create different organizational structures for 16 continuous learner progress. 17 8. Allow greater flexibility to meet the education needs of 18 a diverse and constantly changing student population. 19 9. Allow for the allocation of resources in innovative ways 20 through implementation of specialized school budgets for the 21 benefit of the schools served. 22 Sec. 8. NEW SECTION . 256E.2 Definitions. 23 As used in this chapter, unless the context otherwise 24 requires: 25 1. “Attendance center” means a school building that contains 26 classrooms used for instructional purposes for elementary, 27 middle, or secondary school students. 28 2. “Authorizing board” means the school board or the 29 state board, as applicable, that approved the charter school 30 application and that is a party to the charter school contract. 31 3. “Charter school” means a charter school established in 32 accordance with this chapter. 33 4. “Department” means the department of education. 34 5. “Education service provider” means an education 35 -7- LSB 5518YC (13) 87 md/jh 7/ 44

H.F. _____ management organization, charter school management 1 organization, or other person with whom a charter school 2 contracts for educational program implementation or 3 comprehensive management. 4 6. “Founding group” means a person or group of persons that 5 develops and submits an application for a charter school to an 6 authorizing board under this chapter. 7 7. “Governing board” means the independent board of a 8 charter school whose members are elected or selected pursuant 9 to the charter school application and charter school contract. 10 8. “School board” means a board of directors regularly 11 elected by the registered voters of a school district. 12 9. “State board” means the state board of education. 13 Sec. 9. NEW SECTION . 256E.3 Federal grant application. 14 Unless satisfied by and within the scope of the application 15 filed pursuant to section 256F.3, subsection 1, the state board 16 shall apply for a federal grant under Pub. L. No. 107-110, 17 cited as the federal No Child Left Behind Act of 2001, Tit. V, 18 pt. B, subpt. 1, for purposes of providing financial assistance 19 for the planning, program design, and initial implementation 20 of charter schools. The department shall monitor the 21 effectiveness of charter schools and shall implement the 22 applicable provisions of this chapter. 23 Sec. 10. NEW SECTION . 256E.4 Founding group-school board 24 model. 25 1. a. A school board that intends to authorize a charter 26 school within the school district may solicit charter school 27 applications. 28 b. A founding group may apply to a school board for approval 29 to establish and operate a charter school within and as a part 30 of the school district either by establishing a new attendance 31 center or converting an existing attendance center. The 32 application shall demonstrate the applicant’s academic and 33 operational vision and plans for the proposed charter school, 34 demonstrate the applicant’s capacity to execute the vision and 35 -8- LSB 5518YC (13) 87 md/jh 8/ 44

H.F. _____ plans, and provide the school board a clear basis for assessing 1 the applicant’s plans and capacity. 2 2. The state board shall adopt rules to establish 3 appropriate application timelines and deadlines for the 4 submission of charter school applications under this section. 5 3. The instructions for completing an application shall 6 include or otherwise inform applicants of all of the following: 7 a. The performance framework adopted by the school board 8 for charter school oversight and evaluation requirements in 9 accordance with sections 256E.10 and 256E.11. 10 b. The criteria the school board will use in evaluating 11 applications. 12 c. The requirements concerning the format and content 13 essential for applicants to demonstrate the capacities 14 necessary to establish and operate a successful charter school. 15 4. An application submitted under this section shall also 16 include all of the following items related to the proposed 17 charter school: 18 a. An executive summary. 19 b. The mission and vision of the proposed charter school, 20 including identification of the targeted student population and 21 the community the school intends to serve. 22 c. The location of the proposed charter school or the 23 proposed geographic area within the school district where the 24 school is proposed to locate. 25 d. Identification of the grades to be served each school 26 year during the duration of the charter school contract. 27 e. Minimum, planned, and maximum enrollment per grade for 28 each school year during the duration of the charter school 29 contract. 30 f. Evidence of need and community support for the proposed 31 charter school. 32 g. Background information on the members of the founding 33 group and background information on the governing board 34 members, administration, and management personnel of the 35 -9- LSB 5518YC (13) 87 md/jh 9/ 44

H.F. _____ proposed charter school, if available. 1 h. The charter school’s proposed operations calendar and 2 sample daily schedule. 3 i. A description of the academic program and identification 4 of ways the program aligns with state academic standards. 5 j. A description of the charter school’s instructional 6 model, including the type of learning environment, class size 7 and structure, curriculum overview, and teaching methods. 8 k. The charter school’s plan for using internal and external 9 assessments to measure and report student progress on the 10 performance framework in accordance with section 256E.10. 11 l. Plans for identifying and serving students with 12 disabilities, students who are limited English proficient, 13 students who are academically failing or below grade level, and 14 gifted students, including but not limited to compliance with 15 applicable laws and regulations. 16 m. A description of cocurricular and extracurricular 17 programs and how the programs will be funded and delivered. 18 n. Plans and timelines for student recruitment, enrollment, 19 and transfers, including enrollment preferences and procedures 20 for conducting transparent admissions selections, including 21 admissions lotteries. 22 o. The proposed code of student conduct, including 23 applicable procedures and disciplinary sanctions for both 24 general students and special education students. 25 p. A chart or description of the charter school’s 26 organizational structure and the duties and powers of each 27 position or group, including the delineation of authority and 28 reporting between the governing board, staff, and any related 29 bodies or external organizations that have a role in managing 30 the charter school. 31 q. A staffing chart for the charter school’s first year 32 and a staffing plan for the duration of the charter school 33 contract. 34 r. Plans for recruiting and developing school 35 -10- LSB 5518YC (13) 87 md/jh 10/ 44

H.F. _____ administrators, staff, and governing board members and the 1 charter school’s employment policies, including performance 2 evaluation plans. 3 s. Proposed governing bylaws for the charter school. 4 t. Identification and explanation of any partnerships or 5 contractual relationships with an education service provider 6 that are related to the charter school’s operations or mission. 7 u. The charter school’s plans for providing transportation 8 services, food service, and all other operational or ancillary 9 services. 10 v. Proposed opportunities and expectations for parent 11 involvement. 12 w. A detailed school start-up plan and a five-year plan, 13 including all relevant assumptions used, identifying timelines 14 for charter school finances, budget, and insurance coverage, 15 facility construction, preparation, and contingencies, and the 16 identification of persons or positions responsible for each 17 such item. 18 x. Evidence of anticipated fundraising contributions, if 19 any. 20 y. If the application includes a proposal that the governing 21 board contracts with an education service provider, evidence 22 of the education service provider’s success in serving 23 student populations similar to that which is proposed in the 24 application and if the education service provider operates 25 other charter schools, evidence of past performance of such 26 other charter schools and evidence of the education service 27 provider’s capacity for growth. 28 z. A proposed duration and outline of the charter school 29 contract, including designation of roles, authority, and duties 30 of the governing board and the charter school’s staff. 31 aa. If the application includes a proposal that the 32 governing board contracts with an education service provider, 33 a description of the education service provider’s performance 34 evaluation measures, compensation structure, methods of 35 -11- LSB 5518YC (13) 87 md/jh 11/ 44

H.F. _____ contract oversight and dispute resolution, investment 1 disclosures, and conflicts of interest. 2 5. If the applicant proposes to establish a charter school 3 within the school district by converting an existing attendance 4 center of the school district, the school board shall not 5 approve the application unless the applicant submits evidence 6 that the attendance center’s teachers and parents or guardians 7 of students enrolled at the existing attendance center voted in 8 favor of the conversion. A vote in favor of conversion under 9 this subsection requires the support of at least fifty percent 10 of the teachers employed at the school on the date of the vote 11 and fifty percent of the parents or guardians voting whose 12 children are enrolled at the school, provided that a majority 13 of the parents or guardians eligible to vote participate in the 14 ballot process. The state board shall establish procedures by 15 rule for voting under this subsection. A parent or guardian 16 voting in accordance with this subsection must be a resident 17 of this state. 18 6. In reviewing and evaluating charter school applications, 19 the school board shall employ procedures, practices, and 20 criteria consistent with nationally recognized principles and 21 standards for reviewing charter school applications. Each 22 application review shall include thorough evaluation of the 23 written application, an in-person interview with the applicant, 24 and an opportunity in a public forum for local residents to 25 learn about and provide input on each application. 26 7. The school board shall make public the name of any person 27 that assists the school board in conducting a review of a 28 charter school application. 29 8. Following review of a charter school application and 30 completion of the process required under subsection 6, the 31 school board shall: 32 a. Approve a charter school application only if the 33 applicant has demonstrated competence in each element of the 34 school board’s approval criteria and the applicant is likely to 35 -12- LSB 5518YC (13) 87 md/jh 12/ 44

H.F. _____ open and operate a successful charter school. 1 b. Make application decisions on documented evidence 2 collected through the application review process. 3 c. Adhere to the policies and criteria that are transparent, 4 based on merit, and avoid conflicts of interest or any 5 appearance thereof. 6 9. A charter school application under this section shall 7 not be approved if the founding group has a pending application 8 with another school district under this section or a pending 9 application with the state board under section 256E.6. 10 10. A school board shall by a majority vote approve or 11 deny a charter school application no later than seventy-five 12 calendar days after the application is received. A school 13 board that denies an application shall provide notice of 14 denial to the applicant in writing within thirty days after 15 board action. The notice shall specify the exact reasons for 16 denial and provide documentation supporting those reasons. 17 An approval decision may include, if appropriate, reasonable 18 conditions that the applicant must meet before a charter 19 school contract may be executed pursuant to section 256E.7. 20 An approved charter school application shall not serve as a 21 charter school contract. 22 11. An unsuccessful charter school applicant may 23 subsequently reapply to the school board, apply to any other 24 school board in the state under this section, or apply to the 25 state board under section 256E.6. 26 12. A decision of the school board relating to an 27 application under this section is not appealable; however, the 28 school board shall report any application denial to the state 29 board within thirty days of the board action. 30 Sec. 11. NEW SECTION . 256E.5 School board-state board 31 model. 32 1. A school board may create a founding group to apply 33 to the state board for approval to establish and operate a 34 charter school within and as a part of the school district by 35 -13- LSB 5518YC (13) 87 md/jh 13/ 44

H.F. _____ establishing a new attendance center, creating a new school 1 within an existing attendance center, or by converting an 2 existing attendance center. The application shall demonstrate 3 the founding group’s academic and operational vision and plans 4 for the proposed charter school, demonstrate the founding 5 group’s capacity to execute the vision and plans, and provide 6 the state board a clear basis for assessing the founding 7 group’s plans and capacity. 8 2. The state board shall adopt rules to establish 9 appropriate application timelines and deadlines for the 10 submission of charter school applications under this section. 11 3. The instructions for completing an application shall 12 include or otherwise inform applicants of all of the following: 13 a. The performance framework adopted by the state board 14 for charter school oversight and evaluation requirements in 15 accordance with sections 256E.10 and 256E.11. 16 b. The criteria the state board will use in evaluating 17 applications. 18 c. The requirements concerning the format and content 19 essential for applicants to demonstrate the capacities 20 necessary to establish and operate a successful charter school. 21 4. An application submitted under this section shall also 22 include all of the following items related to the proposed 23 charter school: 24 a. An executive summary. 25 b. The mission and vision of the proposed charter school, 26 including identification of the targeted student population and 27 the community the charter school intends to serve. 28 c. The location of the proposed charter school or the 29 proposed geographic area within the school district where the 30 school is proposed to locate. 31 d. Identification of the grades to be served each school 32 year during the duration of the charter school contract. 33 e. Minimum, planned, and maximum enrollment per grade for 34 each school year during the duration of the charter school 35 -14- LSB 5518YC (13) 87 md/jh 14/ 44

H.F. _____ contract. 1 f. Evidence of need and community support for the proposed 2 charter school. 3 g. Background information on the members of the founding 4 group and background information on the governing board, 5 administration, and management personnel of the proposed 6 charter school, if available. 7 h. The charter school’s proposed operations calendar and 8 sample daily schedule. 9 i. A description of the academic program and identification 10 of ways the program aligns with state academic standards. 11 j. A description of the charter school’s instructional 12 model, including the type of learning environment, class size 13 and structure, curriculum overview, and teaching methods. 14 k. The charter school’s plan for using internal and external 15 assessments to measure and report student progress on the 16 performance framework in accordance with section 256E.10. 17 l. Plans for identifying and serving students with 18 disabilities, students who are limited English proficient, 19 students who are academically failing or below grade level, and 20 gifted students, including but not limited to compliance with 21 applicable laws and regulations. 22 m. A description of cocurricular and extracurricular 23 programs and how the programs will be funded and delivered. 24 n. Plans and timelines for student recruitment, enrollment, 25 and transfers, including enrollment preferences and procedures 26 for conducting transparent admissions selections, including 27 admissions lotteries. 28 o. The proposed code of student conduct, including 29 applicable procedures and disciplinary sanctions for both 30 general students and special education students. 31 p. A chart or description of the charter school’s 32 organizational structure and the duties and powers of each 33 position or group, including the delineation of authority and 34 reporting between the governing board, administration, staff, 35 -15- LSB 5518YC (13) 87 md/jh 15/ 44

H.F. _____ and any related bodies or external organizations that have a 1 role in managing the charter school. 2 q. A staffing chart for the charter school’s first year 3 and a staffing plan for the duration of the charter school 4 contract. 5 r. Plans for recruiting and developing school 6 administrators, staff, and governing board members and the 7 charter school’s employment policies, including performance 8 evaluation plans. 9 s. Proposed governing bylaws for the charter school. 10 t. Identification and explanation of any partnerships or 11 contractual relationships with the founding group or any of the 12 founding group or school board’s members that are related to 13 the charter school’s operations or mission. 14 u. The charter school’s plans for providing transportation 15 services, food service, and all other operational or ancillary 16 services. 17 v. Proposed opportunities and expectations for parent 18 involvement. 19 w. A detailed school start-up plan and five-year plan, 20 including all relevant assumptions used, identifying timelines 21 for charter school finances, budget, and insurance coverage, 22 facility construction, preparation, and contingencies, and the 23 identification of persons or positions responsible for each 24 such item. 25 x. Evidence of anticipated fundraising contributions, if 26 any. 27 y. Evidence of the founding group’s success in serving 28 student populations similar to that which is proposed in the 29 application and if the founding group operates other charter 30 schools, evidence of past performance of such other charter 31 schools and evidence of the founding group’s capacity for an 32 additional charter school. 33 z. A proposed duration and outline of the charter school 34 contract, including designation of roles, authority, and duties 35 -16- LSB 5518YC (13) 87 md/jh 16/ 44

H.F. _____ of the governing board and the charter school’s staff. 1 aa. A description of the charter school governing board’s 2 performance evaluation measures, compensation structure, 3 methods of contract oversight and dispute resolution, 4 investment disclosures and conflicts of interest. 5 5. If the founding group proposes to establish a charter 6 school by converting an existing attendance center of the 7 school district, the state board shall not approve the 8 application unless the founding group submits evidence that 9 the attendance center’s teachers and parents or guardians of 10 students enrolled at the existing attendance center voted in 11 favor of the conversion. A vote in favor of conversion under 12 this subsection requires the support of at least fifty percent 13 of the teachers employed at the school on the date of the vote 14 and fifty percent of the parents or guardians voting whose 15 children are enrolled at the school, provided that a majority 16 of the parents or guardians eligible to vote participate in the 17 ballot process. The state board shall establish procedures by 18 rule for voting under this subsection. A parent or guardian 19 voting in accordance with this subsection must be a resident 20 of this state. 21 6. In reviewing and evaluating charter school applications, 22 the state board shall employ procedures, practices, and 23 criteria consistent with nationally recognized principles and 24 standards for reviewing charter school applications. Each 25 application review shall include thorough evaluation of the 26 written application, an in-person interview with the founding 27 group, and an opportunity in a public forum for local residents 28 to learn about and provide input on each application. 29 7. Following review of a charter school application and 30 completion of the process required under subsection 6, the 31 state board shall: 32 a. Approve a charter school application only if the founding 33 group has demonstrated competence in each element of the 34 approval criteria and if the founding group is likely to open 35 -17- LSB 5518YC (13) 87 md/jh 17/ 44

H.F. _____ and operate a successful charter school. 1 b. Make application decisions on documented evidence 2 collected through the application review process. 3 c. Adhere to the policies and criteria that are transparent, 4 based on merit, and avoid conflicts of interest or any 5 appearance thereof. 6 8. The state board shall by a majority vote approve or 7 deny a charter school application no later than seventy-five 8 calendar days after the application is received. If the state 9 board denies an application, the state board shall provide 10 notice of denial to the founding group in writing within 11 thirty days after the state board’s action. The notice shall 12 specify the exact reasons for denial and provide documentation 13 supporting those reasons. An approval decision may include, if 14 appropriate, reasonable conditions that the founding group must 15 meet before a charter school contract may be executed pursuant 16 to section 256E.7. An approved charter application shall not 17 serve as a charter school contract. 18 9. A decision of the state board relating to an application 19 under this section is not appealable. 20 10. An unsuccessful applicant under this section may 21 subsequently reapply to the state board. 22 Sec. 12. NEW SECTION . 256E.6 Founding group-state board 23 model. 24 1. A founding group may apply to the state board for 25 approval to establish and operate a charter school within the 26 boundaries of the state that operates as a new attendance 27 center independently from a public school district. The 28 application shall demonstrate the founding group’s academic 29 and operational vision and plans for the proposed charter 30 school, demonstrate the founding group’s capacity to execute 31 the vision and plans, and provide the state board a clear basis 32 for assessing the founding group’s plans and capacity. 33 2. The state board shall adopt rules to establish 34 appropriate application timelines and deadlines for the 35 -18- LSB 5518YC (13) 87 md/jh 18/ 44

H.F. _____ submission of charter school applications under this section. 1 3. The instructions for completing an application shall 2 include or otherwise inform applicants of all of the following: 3 a. The performance framework adopted by the state board 4 for charter school oversight and evaluation requirements in 5 accordance with sections 256E.10 and 256E.11. 6 b. The criteria the state board will use in evaluating 7 applications. 8 c. The requirements concerning the format and content 9 essential for applicants to demonstrate the capacities 10 necessary to establish and operate a successful charter school. 11 4. The applications submitted under this section shall also 12 include all of the following items related to the proposed 13 charter school: 14 a. An executive summary. 15 b. The mission and vision of the proposed charter school, 16 including identification of the targeted student population and 17 the community the school intends to serve. 18 c. The location of the proposed charter school or the 19 proposed geographic area within the state where the school is 20 proposed to locate. 21 d. Identification of the grades to be served each school 22 year during the duration of the charter school contract. 23 e. Minimum, planned, and maximum enrollment per grade for 24 each school year during the duration of the charter school 25 contract. 26 f. Evidence of need and community support for the proposed 27 charter school. 28 g. Background information on the members of the founding 29 group and background information on the governing board, 30 administration, and management personnel of the proposed 31 charter school, if available. 32 h. The charter school’s proposed operations calendar and 33 sample daily schedule. 34 i. A description of the academic program and identification 35 -19- LSB 5518YC (13) 87 md/jh 19/ 44

H.F. _____ of ways the program aligns with state academic standards. 1 j. A description of the charter school’s instructional 2 model, including the type of learning environment, class size 3 and structure, curriculum overview, and teaching methods. 4 k. The charter school’s plan for using internal and external 5 assessments to measure and report student progress on the 6 performance framework in accordance with section 256E.10. 7 l. Plans for identifying and serving students with 8 disabilities, students who are limited English proficient, 9 students who are academically failing or below grade level, and 10 gifted students, including but not limited to compliance with 11 applicable laws and regulations. 12 m. A description of cocurricular and extracurricular 13 programs and how the programs will be funded and delivered. 14 n. Plans and timelines for student recruitment, enrollment, 15 and transfers, including enrollment preferences and procedures 16 for conducting transparent admissions selections, including 17 admissions lotteries. 18 o. The proposed code of student conduct, including 19 applicable procedures and disciplinary sanctions for both 20 general students and special education students. 21 p. A chart or description of the charter school’s 22 organizational structure and the duties and powers of each 23 position or group, including the delineation of authority and 24 reporting between the governing board, staff, and any related 25 bodies or external organizations that have a role in managing 26 the charter school. 27 q. A staffing chart for the charter school’s first year 28 and a staffing plan for the duration of the charter school 29 contract. 30 r. Plans for recruiting and developing school 31 administrators, staff, and governing board members and the 32 charter school’s employment policies, including performance 33 evaluation plans. 34 s. Proposed governing bylaws for the charter school. 35 -20- LSB 5518YC (13) 87 md/jh 20/ 44