House Study Bill 213 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON EDUCATION BILL BY CHAIRPERSON DOLECHECK) A BILL FOR An Act modifying and establishing charter school programs. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 2284YC (2) 88 md/jh
H.F. _____ Section 1. NEW SECTION . 256E.1 Purpose. 1 The purpose of a charter school established pursuant to this 2 chapter shall be to accomplish the following: 3 1. Improve student learning. 4 2. Increase learning opportunities for students. 5 3. Encourage the use of different and innovative methods of 6 teaching. 7 4. Require the measurement of learning outcomes and create 8 different and innovative forms of measuring outcomes. 9 5. Establish new forms of accountability for schools. 10 6. Create new professional opportunities for teachers and 11 other educators, including the opportunity to be responsible 12 for the learning program at the school site. 13 7. Create different organizational structures for 14 continuous learner progress. 15 8. Allow greater flexibility to meet the education needs of 16 a diverse and constantly changing student population. 17 9. Allow for the allocation of resources in innovative ways 18 through implementation of specialized school budgets for the 19 benefit of the schools served. 20 Sec. 2. NEW SECTION . 256E.2 Definitions. 21 As used in this chapter, unless the context otherwise 22 requires: 23 1. “Attendance center” means a school building that contains 24 classrooms used for instructional purposes for elementary, 25 middle, or secondary school students. 26 2. “Authorizing board” means the school board or the 27 state board, as applicable, that approved the charter school 28 application and that is a party to the charter school contract. 29 3. “Charter school” means a charter school established in 30 accordance with this chapter. 31 4. “Department” means the department of education. 32 5. “Education service provider” means an education 33 management organization, charter school management 34 organization, or other person with whom a charter school 35 -1- LSB 2284YC (2) 88 md/jh 1/ 36
H.F. _____ contracts for educational program implementation or 1 comprehensive management. 2 6. “Founding group” means a person or group of persons that 3 develops and submits an application for a charter school to an 4 authorizing board under this chapter. 5 7. “Governing board” means the independent board of a 6 charter school whose members are elected or selected pursuant 7 to the charter school application and charter school contract. 8 8. “School board” means a board of directors regularly 9 elected by the registered voters of a school district. 10 9. “State board” means the state board of education. 11 Sec. 3. NEW SECTION . 256E.3 Department —— duty to monitor. 12 The department shall monitor the effectiveness of charter 13 schools and shall implement the applicable provisions of this 14 chapter. 15 Sec. 4. NEW SECTION . 256E.4 Founding group-school board 16 model. 17 1. a. A school board that intends to authorize a charter 18 school within the school district may solicit charter school 19 applications. 20 b. A founding group may apply to a school board for approval 21 to establish and operate a charter school within and as a part 22 of the school district either by establishing a new attendance 23 center or converting an existing attendance center. The 24 application shall demonstrate the applicant’s academic and 25 operational vision and plans for the proposed charter school, 26 demonstrate the applicant’s capacity to execute the vision and 27 plans, and provide the school board a clear basis for assessing 28 the applicant’s plans and capacity. 29 2. The state board shall adopt rules to establish 30 appropriate application timelines and deadlines for the 31 submission of charter school applications under this section. 32 3. The instructions for completing an application shall 33 include or otherwise inform applicants of all of the following: 34 a. The performance framework adopted by the school board 35 -2- LSB 2284YC (2) 88 md/jh 2/ 36
H.F. _____ for charter school oversight and evaluation requirements in 1 accordance with sections 256E.10 and 256E.11. 2 b. The criteria the school board will use in evaluating 3 applications. 4 c. The requirements concerning the format and content 5 essential for applicants to demonstrate the capacities 6 necessary to establish and operate a successful charter school. 7 4. An application submitted under this section shall also 8 include all of the following items related to the proposed 9 charter school: 10 a. An executive summary. 11 b. The mission and vision of the proposed charter school, 12 including identification of the targeted student population and 13 the community the school intends to serve. 14 c. The location of the proposed charter school or the 15 proposed geographic area within the school district where the 16 school is proposed to locate. 17 d. Identification of the grades to be served each school 18 year during the duration of the charter school contract. 19 e. Minimum, planned, and maximum enrollment per grade for 20 each school year during the duration of the charter school 21 contract. 22 f. Evidence of need and community support for the proposed 23 charter school. 24 g. Background information on the members of the founding 25 group and background information on the governing board 26 members, administration, and management personnel of the 27 proposed charter school, if available. 28 h. The charter school’s proposed operations calendar and 29 sample daily schedule. 30 i. A description of the academic program and identification 31 of ways the program aligns with state academic standards. 32 j. A description of the charter school’s instructional 33 model, including the type of learning environment, class size 34 and structure, curriculum overview, and teaching methods. 35 -3- LSB 2284YC (2) 88 md/jh 3/ 36
H.F. _____ k. The charter school’s plan for using internal and external 1 assessments to measure and report student progress on the 2 performance framework in accordance with section 256E.10. 3 l. Plans for identifying and serving students with 4 disabilities, students who are limited English proficient, 5 students who are academically failing or below grade level, and 6 gifted students, including but not limited to compliance with 7 applicable laws and regulations. 8 m. A description of cocurricular and extracurricular 9 programs and how the programs will be funded and delivered. 10 n. Plans and timelines for student recruitment, enrollment, 11 and transfers, including enrollment preferences and procedures 12 for conducting transparent admissions selections, including 13 admissions lotteries. 14 o. The proposed code of student conduct, including 15 applicable procedures and disciplinary sanctions for both 16 general students and special education students. 17 p. A chart or description of the charter school’s 18 organizational structure and the duties and powers of each 19 position or group, including the delineation of authority and 20 reporting between the governing board, staff, and any related 21 bodies or external organizations that have a role in managing 22 the charter school. 23 q. A staffing chart for the charter school’s first year 24 and a staffing plan for the duration of the charter school 25 contract. 26 r. Plans for recruiting and developing school 27 administrators, staff, and governing board members and the 28 charter school’s employment policies, including performance 29 evaluation plans. 30 s. Proposed governing bylaws for the charter school. 31 t. Identification and explanation of any partnerships or 32 contractual relationships with an education service provider 33 that are related to the charter school’s operations or mission. 34 u. The charter school’s plans for providing transportation 35 -4- LSB 2284YC (2) 88 md/jh 4/ 36
H.F. _____ services, food service, and all other operational or ancillary 1 services. 2 v. Proposed opportunities and expectations for parent 3 involvement. 4 w. A detailed school start-up plan and a five-year plan, 5 including all relevant assumptions used, identifying timelines 6 for charter school finances, budget, and insurance coverage, 7 facility construction, preparation, and contingencies, and the 8 identification of persons or positions responsible for each 9 such item. 10 x. Evidence of anticipated fundraising contributions, if 11 any. 12 y. If the application includes a proposal that the governing 13 board contracts with an education service provider, evidence 14 of the education service provider’s success in serving 15 student populations similar to that which is proposed in the 16 application and if the education service provider operates 17 other charter schools, evidence of past performance of such 18 other charter schools and evidence of the education service 19 provider’s capacity for growth. 20 z. A proposed duration and outline of the charter school 21 contract, including designation of roles, authority, and duties 22 of the governing board and the charter school’s staff. 23 aa. If the application includes a proposal that the 24 governing board contracts with an education service provider, 25 a description of the education service provider’s performance 26 evaluation measures, compensation structure, methods of 27 contract oversight and dispute resolution, investment 28 disclosures, and conflicts of interest. 29 5. If the applicant proposes to establish a charter school 30 within the school district by converting an existing attendance 31 center of the school district, the school board shall not 32 approve the application unless the applicant submits evidence 33 that the attendance center’s teachers and parents or guardians 34 of students enrolled at the existing attendance center voted in 35 -5- LSB 2284YC (2) 88 md/jh 5/ 36
H.F. _____ favor of the conversion. A vote in favor of conversion under 1 this subsection requires the support of at least fifty percent 2 of the teachers employed at the school on the date of the vote 3 and fifty percent of the parents or guardians voting whose 4 children are enrolled at the school, provided that a majority 5 of the parents or guardians eligible to vote participate in the 6 ballot process. The state board shall establish procedures by 7 rule for voting under this subsection. A parent or guardian 8 voting in accordance with this subsection must be a resident 9 of this state. 10 6. In reviewing and evaluating charter school applications, 11 the school board shall employ procedures, practices, and 12 criteria consistent with nationally recognized principles and 13 standards for reviewing charter school applications. Each 14 application review shall include thorough evaluation of the 15 written application, an in-person interview with the applicant, 16 and an opportunity in a public forum for local residents to 17 learn about and provide input on each application. 18 7. The school board shall make public the name of any person 19 that assists the school board in conducting a review of a 20 charter school application. 21 8. Following review of a charter school application and 22 completion of the process required under subsection 6, the 23 school board shall: 24 a. Approve a charter school application only if the 25 applicant has demonstrated competence in each element of the 26 school board’s approval criteria and the applicant is likely to 27 open and operate a successful charter school. 28 b. Make application decisions on documented evidence 29 collected through the application review process. 30 c. Adhere to the policies and criteria that are transparent, 31 based on merit, and avoid conflicts of interest or any 32 appearance thereof. 33 9. A charter school application under this section shall 34 not be approved if the founding group has a pending application 35 -6- LSB 2284YC (2) 88 md/jh 6/ 36
H.F. _____ with another school district under this section or a pending 1 application with the state board under section 256E.6. 2 10. A school board shall by a majority vote approve or 3 deny a charter school application no later than seventy-five 4 calendar days after the application is received. A school 5 board that denies an application shall provide notice of 6 denial to the applicant in writing within thirty days after 7 board action. The notice shall specify the exact reasons for 8 denial and provide documentation supporting those reasons. 9 An approval decision may include, if appropriate, reasonable 10 conditions that the applicant must meet before a charter 11 school contract may be executed pursuant to section 256E.7. 12 An approved charter school application shall not serve as a 13 charter school contract. 14 11. An unsuccessful charter school applicant may 15 subsequently reapply to the school board, apply to any other 16 school board in the state under this section, or apply to the 17 state board under section 256E.6. 18 12. A decision of the school board relating to an 19 application under this section is not appealable; however, the 20 school board shall report any application denial to the state 21 board within thirty days of the board action. 22 Sec. 5. NEW SECTION . 256E.5 School board-state board model. 23 1. A school board may create a founding group to apply 24 to the state board for approval to establish and operate a 25 charter school within and as a part of the school district by 26 establishing a new attendance center, creating a new school 27 within an existing attendance center, or by converting an 28 existing attendance center. The application shall demonstrate 29 the founding group’s academic and operational vision and plans 30 for the proposed charter school, demonstrate the founding 31 group’s capacity to execute the vision and plans, and provide 32 the state board a clear basis for assessing the founding 33 group’s plans and capacity. 34 2. The state board shall adopt rules to establish 35 -7- LSB 2284YC (2) 88 md/jh 7/ 36
H.F. _____ appropriate application timelines and deadlines for the 1 submission of charter school applications under this section. 2 3. The instructions for completing an application shall 3 include or otherwise inform applicants of all of the following: 4 a. The performance framework adopted by the state board 5 for charter school oversight and evaluation requirements in 6 accordance with sections 256E.10 and 256E.11. 7 b. The criteria the state board will use in evaluating 8 applications. 9 c. The requirements concerning the format and content 10 essential for applicants to demonstrate the capacities 11 necessary to establish and operate a successful charter school. 12 4. An application submitted under this section shall also 13 include all of the following items related to the proposed 14 charter school: 15 a. An executive summary. 16 b. The mission and vision of the proposed charter school, 17 including identification of the targeted student population and 18 the community the charter school intends to serve. 19 c. The location of the proposed charter school or the 20 proposed geographic area within the school district where the 21 school is proposed to locate. 22 d. Identification of the grades to be served each school 23 year during the duration of the charter school contract. 24 e. Minimum, planned, and maximum enrollment per grade for 25 each school year during the duration of the charter school 26 contract. 27 f. Evidence of need and community support for the proposed 28 charter school. 29 g. Background information on the members of the founding 30 group and background information on the governing board, 31 administration, and management personnel of the proposed 32 charter school, if available. 33 h. The charter school’s proposed operations calendar and 34 sample daily schedule. 35 -8- LSB 2284YC (2) 88 md/jh 8/ 36
H.F. _____ i. A description of the academic program and identification 1 of ways the program aligns with state academic standards. 2 j. A description of the charter school’s instructional 3 model, including the type of learning environment, class size 4 and structure, curriculum overview, and teaching methods. 5 k. The charter school’s plan for using internal and external 6 assessments to measure and report student progress on the 7 performance framework in accordance with section 256E.10. 8 l. Plans for identifying and serving students with 9 disabilities, students who are limited English proficient, 10 students who are academically failing or below grade level, and 11 gifted students, including but not limited to compliance with 12 applicable laws and regulations. 13 m. A description of cocurricular and extracurricular 14 programs and how the programs will be funded and delivered. 15 n. Plans and timelines for student recruitment, enrollment, 16 and transfers, including enrollment preferences and procedures 17 for conducting transparent admissions selections, including 18 admissions lotteries. 19 o. The proposed code of student conduct, including 20 applicable procedures and disciplinary sanctions for both 21 general students and special education students. 22 p. A chart or description of the charter school’s 23 organizational structure and the duties and powers of each 24 position or group, including the delineation of authority and 25 reporting between the governing board, administration, staff, 26 and any related bodies or external organizations that have a 27 role in managing the charter school. 28 q. A staffing chart for the charter school’s first year 29 and a staffing plan for the duration of the charter school 30 contract. 31 r. Plans for recruiting and developing school 32 administrators, staff, and governing board members and the 33 charter school’s employment policies, including performance 34 evaluation plans. 35 -9- LSB 2284YC (2) 88 md/jh 9/ 36
H.F. _____ s. Proposed governing bylaws for the charter school. 1 t. Identification and explanation of any partnerships or 2 contractual relationships with the founding group or any of the 3 founding group or school board’s members that are related to 4 the charter school’s operations or mission. 5 u. The charter school’s plans for providing transportation 6 services, food service, and all other operational or ancillary 7 services. 8 v. Proposed opportunities and expectations for parent 9 involvement. 10 w. A detailed school start-up plan and five-year plan, 11 including all relevant assumptions used, identifying timelines 12 for charter school finances, budget, and insurance coverage, 13 facility construction, preparation, and contingencies, and the 14 identification of persons or positions responsible for each 15 such item. 16 x. Evidence of anticipated fundraising contributions, if 17 any. 18 y. Evidence of the founding group’s success in serving 19 student populations similar to that which is proposed in the 20 application and if the founding group operates other charter 21 schools, evidence of past performance of such other charter 22 schools and evidence of the founding group’s capacity for an 23 additional charter school. 24 z. A proposed duration and outline of the charter school 25 contract, including designation of roles, authority, and duties 26 of the governing board and the charter school’s staff. 27 aa. A description of the charter school governing board’s 28 performance evaluation measures, compensation structure, 29 methods of contract oversight and dispute resolution, 30 investment disclosures and conflicts of interest. 31 5. If the founding group proposes to establish a charter 32 school by converting an existing attendance center of the 33 school district, the state board shall not approve the 34 application unless the founding group submits evidence that 35 -10- LSB 2284YC (2) 88 md/jh 10/ 36
H.F. _____ the attendance center’s teachers and parents or guardians of 1 students enrolled at the existing attendance center voted in 2 favor of the conversion. A vote in favor of conversion under 3 this subsection requires the support of at least fifty percent 4 of the teachers employed at the school on the date of the vote 5 and fifty percent of the parents or guardians voting whose 6 children are enrolled at the school, provided that a majority 7 of the parents or guardians eligible to vote participate in the 8 ballot process. The state board shall establish procedures by 9 rule for voting under this subsection. A parent or guardian 10 voting in accordance with this subsection must be a resident 11 of this state. 12 6. In reviewing and evaluating charter school applications, 13 the state board shall employ procedures, practices, and 14 criteria consistent with nationally recognized principles and 15 standards for reviewing charter school applications. Each 16 application review shall include thorough evaluation of the 17 written application, an in-person interview with the founding 18 group, and an opportunity in a public forum for local residents 19 to learn about and provide input on each application. 20 7. Following review of a charter school application and 21 completion of the process required under subsection 6, the 22 state board shall: 23 a. Approve a charter school application only if the founding 24 group has demonstrated competence in each element of the 25 approval criteria and if the founding group is likely to open 26 and operate a successful charter school. 27 b. Make application decisions on documented evidence 28 collected through the application review process. 29 c. Adhere to the policies and criteria that are transparent, 30 based on merit, and avoid conflicts of interest or any 31 appearance thereof. 32 8. The state board shall by a majority vote approve or 33 deny a charter school application no later than seventy-five 34 calendar days after the application is received. If the state 35 -11- LSB 2284YC (2) 88 md/jh 11/ 36
H.F. _____ board denies an application, the state board shall provide 1 notice of denial to the founding group in writing within 2 thirty days after the state board’s action. The notice shall 3 specify the exact reasons for denial and provide documentation 4 supporting those reasons. An approval decision may include, if 5 appropriate, reasonable conditions that the founding group must 6 meet before a charter school contract may be executed pursuant 7 to section 256E.7. An approved charter application shall not 8 serve as a charter school contract. 9 9. A decision of the state board relating to an application 10 under this section is not appealable. 11 10. An unsuccessful applicant under this section may 12 subsequently reapply to the state board. 13 Sec. 6. NEW SECTION . 256E.6 Founding group-state board 14 model. 15 1. A founding group may apply to the state board for 16 approval to establish and operate a charter school within the 17 boundaries of the state that operates as a new attendance 18 center independently from a public school district. The 19 application shall demonstrate the founding group’s academic 20 and operational vision and plans for the proposed charter 21 school, demonstrate the founding group’s capacity to execute 22 the vision and plans, and provide the state board a clear basis 23 for assessing the founding group’s plans and capacity. 24 2. The state board shall adopt rules to establish 25 appropriate application timelines and deadlines for the 26 submission of charter school applications under this section. 27 3. The instructions for completing an application shall 28 include or otherwise inform applicants of all of the following: 29 a. The performance framework adopted by the state board 30 for charter school oversight and evaluation requirements in 31 accordance with sections 256E.10 and 256E.11. 32 b. The criteria the state board will use in evaluating 33 applications. 34 c. The requirements concerning the format and content 35 -12- LSB 2284YC (2) 88 md/jh 12/ 36
H.F. _____ essential for applicants to demonstrate the capacities 1 necessary to establish and operate a successful charter school. 2 4. The applications submitted under this section shall also 3 include all of the following items related to the proposed 4 charter school: 5 a. An executive summary. 6 b. The mission and vision of the proposed charter school, 7 including identification of the targeted student population and 8 the community the school intends to serve. 9 c. The location of the proposed charter school or the 10 proposed geographic area within the state where the school is 11 proposed to locate. 12 d. Identification of the grades to be served each school 13 year during the duration of the charter school contract. 14 e. Minimum, planned, and maximum enrollment per grade for 15 each school year during the duration of the charter school 16 contract. 17 f. Evidence of need and community support for the proposed 18 charter school. 19 g. Background information on the members of the founding 20 group and background information on the governing board, 21 administration, and management personnel of the proposed 22 charter school, if available. 23 h. The charter school’s proposed operations calendar and 24 sample daily schedule. 25 i. A description of the academic program and identification 26 of ways the program aligns with state academic standards. 27 j. A description of the charter school’s instructional 28 model, including the type of learning environment, class size 29 and structure, curriculum overview, and teaching methods. 30 k. The charter school’s plan for using internal and external 31 assessments to measure and report student progress on the 32 performance framework in accordance with section 256E.10. 33 l. Plans for identifying and serving students with 34 disabilities, students who are limited English proficient, 35 -13- LSB 2284YC (2) 88 md/jh 13/ 36
H.F. _____ students who are academically failing or below grade level, and 1 gifted students, including but not limited to compliance with 2 applicable laws and regulations. 3 m. A description of cocurricular and extracurricular 4 programs and how the programs will be funded and delivered. 5 n. Plans and timelines for student recruitment, enrollment, 6 and transfers, including enrollment preferences and procedures 7 for conducting transparent admissions selections, including 8 admissions lotteries. 9 o. The proposed code of student conduct, including 10 applicable procedures and disciplinary sanctions for both 11 general students and special education students. 12 p. A chart or description of the charter school’s 13 organizational structure and the duties and powers of each 14 position or group, including the delineation of authority and 15 reporting between the governing board, staff, and any related 16 bodies or external organizations that have a role in managing 17 the charter school. 18 q. A staffing chart for the charter school’s first year 19 and a staffing plan for the duration of the charter school 20 contract. 21 r. Plans for recruiting and developing school 22 administrators, staff, and governing board members and the 23 charter school’s employment policies, including performance 24 evaluation plans. 25 s. Proposed governing bylaws for the charter school. 26 t. Identification and explanation of any partnerships or 27 contractual relationships with an education service provider 28 that are related to the charter school’s operations or mission. 29 u. The charter school’s plans for providing transportation 30 services, food service, and all other operational or ancillary 31 services. 32 v. Proposed opportunities and expectations for parent 33 involvement. 34 w. A detailed school start-up plan and five-year plan, 35 -14- LSB 2284YC (2) 88 md/jh 14/ 36
H.F. _____ including all relevant assumptions used, identifying timelines 1 for charter school finances, budget, and insurance coverage, 2 facility construction, preparation, and contingencies, and the 3 identification of persons or positions responsible for each 4 such item. 5 x. Evidence of anticipated fundraising contributions, if 6 any. 7 y. If the application includes a proposal that the governing 8 board contracts with an education service provider, evidence 9 of the education service provider’s success in serving 10 student populations similar to that which is proposed in the 11 application and if the education service provider operates 12 other charter schools, evidence of past performance of such 13 other charter schools and evidence of the education service 14 provider’s capacity for growth. 15 z. A proposed duration and outline of the charter school 16 contract, including designation of roles, authority, and duties 17 of the governing board and the charter school’s staff. 18 aa. If the application includes a proposal that the 19 governing board contracts with an education service provider, 20 a description of the education service provider’s performance 21 evaluation measures, compensation structure, methods of 22 contract oversight and dispute resolution, investment 23 disclosures and conflicts of interest. 24 5. In reviewing and evaluating charter school applications, 25 the state board shall employ procedures, practices, and 26 criteria consistent with nationally recognized principles and 27 standards for reviewing charter school applications. Each 28 application review shall include thorough evaluation of the 29 written application, an in-person interview with the applicant, 30 and an opportunity in a public forum for local residents of the 31 public school district within which the applicant proposes to 32 locate the charter school to learn about and provide input on 33 each application. 34 6. Following review of a charter school application and 35 -15- LSB 2284YC (2) 88 md/jh 15/ 36
H.F. _____ completion of the process required under subsection 5, the 1 state board shall: 2 a. Approve a charter school application only if the 3 applicant has demonstrated competence in each element of the 4 state board’s published approval criteria and the applicant is 5 likely to open and operate a successful charter school. 6 b. Make application decisions on documented evidence 7 collected through the application review process. 8 c. Adhere to the policies and criteria that are transparent, 9 based on merit, and avoid conflicts of interest or any 10 appearance thereof. 11 7. A charter school application under this section shall 12 not be approved if the founding group has another pending 13 application under this section or a pending application with a 14 school district under section 256E.4. 15 8. The state board shall by a majority vote approve or 16 deny a charter school application no later than seventy-five 17 calendar days after the application is received. If the state 18 board denies an application, the state board shall provide 19 notice of denial to the applicant in writing within thirty 20 days after board action. The notice shall specify the exact 21 reasons for denial and provide documentation supporting those 22 reasons. An approval decision may include, if appropriate, 23 reasonable conditions that the applicant must meet before a 24 charter school contract may be executed pursuant to section 25 256E.7. An approved charter application shall not serve as a 26 charter school contract. 27 9. An unsuccessful charter school applicant may 28 subsequently reapply to the state board or apply to a school 29 board in the state under section 256E.4. 30 10. A decision of the state board relating to an application 31 under this section is not appealable. 32 Sec. 7. NEW SECTION . 256E.7 Charter school contract. 33 1. Within the later of thirty days following approval 34 of a charter school application or upon the satisfaction of 35 -16- LSB 2284YC (2) 88 md/jh 16/ 36
H.F. _____ all reasonable conditions imposed on the applicant in the 1 charter school approval, if any, an enforceable and renewable 2 charter school contract shall be executed between the following 3 parties setting forth the academic and operational performance 4 expectations and measures by which the charter school will be 5 evaluated pursuant to sections 256E.10 and 256E.11 and the 6 other rights and duties of the parties: 7 a. For an application approved under section 256E.4, the 8 founding group and the school board. 9 b. For an application approved under section 256E.5, the 10 founding group and the state board. 11 c. For an application approved under section 256E.6, the 12 founding group and the state board. 13 2. An initial charter school contract shall be granted for a 14 term of five school budget years. The charter school contract 15 shall include the beginning and ending dates of the charter 16 school contract term. An approved charter school may delay its 17 opening for a period of time not to exceed one school year in 18 order to plan and prepare for the charter school’s opening. If 19 the charter school requires an opening delay of more than one 20 school year, the charter school may request an extension from 21 the authorizing board. 22 3. Each charter school contract shall be signed by the 23 president of the authorizing board and the president of the 24 governing body of the founding group. 25 4. a. If the charter school is approved under section 26 256E.4, the school board, within thirty days of executing 27 a charter school contract, shall submit to the state board 28 written notice of the charter school contract execution, 29 including a copy of the executed charter school contract and 30 any attachments or appendices. 31 b. Within fifteen days of receipt of the charter school 32 contract or within fifteen days of the execution of a charter 33 school contract entered into by the state board, the state 34 board shall notify the department of education and the 35 -17- LSB 2284YC (2) 88 md/jh 17/ 36
H.F. _____ department of management of the name of the charter school 1 and any applicable education service provider, the proposed 2 location of the charter school, and the charter school’s first 3 year projected enrollment. 4 5. A charter school approved under this chapter shall not 5 commence operations without a valid charter school contract 6 executed in accordance with this section and approved in an 7 open session of the authorizing board. 8 6. The contract may provide for requirements or conditions 9 to govern and monitor the start-up progress of an approved 10 charter school prior to the opening of the charter school 11 including but not limited to conditions to ensure that the 12 charter school meets all building, health, safety, insurance, 13 and other legal requirements. 14 7. A charter school contract may be amended to govern 15 multiple charter schools operated by the same applicant and 16 approved by the same authorizing board. However, each charter 17 school that is part of a charter school contract shall be 18 separate and distinct from any other charter school governed by 19 the contract. 20 8. a. For a charter school established under section 21 256E.4, if the school board that approved the application 22 wishes to transfer the charter school contract and all contract 23 requirements to the school board of another public school 24 district, a request for such a transfer must be filed jointly 25 by both school boards with the state board. The state board 26 shall not approve such a transfer except upon the finding of 27 special circumstances and that such a transfer would serve the 28 best interests of the charter school’s students. 29 b. For a charter school established under section 256E.4, 30 if the school board wishes to transfer its authorization and 31 oversight duties to the state board, the charter school’s 32 governing board, the school board, and the state board must all 33 approve the transfer. 34 c. For a charter school established under section 256E.5 or 35 -18- LSB 2284YC (2) 88 md/jh 18/ 36
H.F. _____ 256E.6, if the state board wishes to transfer its authorization 1 and oversight duties to a school board, the charter school’s 2 governing board, the school board, and the state board must all 3 approve the transfer. 4 Sec. 8. NEW SECTION . 256E.8 General operating powers and 5 duties. 6 1. In order to fulfill the charter school’s public purpose, 7 a charter school established under this chapter shall be 8 organized as a nonprofit education organization and shall 9 have all the powers necessary for carrying out the terms of 10 the charter school contract including but not limited to the 11 following, as applicable: 12 a. Receive and expend funds for charter school purposes. 13 b. Secure appropriate insurance and enter into contracts and 14 leases. 15 c. Contract with an education service provider for the 16 management and operation of the charter school so long as the 17 governing board retains oversight authority over the charter 18 school. 19 d. Incur debt in anticipation of the receipt of public or 20 private funds. 21 e. Pledge, assign, or encumber the charter school’s assets 22 to be used as collateral for loans or extensions of credit. 23 f. Solicit and accept gifts or grants for charter school 24 purposes unless otherwise prohibited by law or by the terms of 25 its charter school contract. 26 g. Acquire from public or private sources real property for 27 use as a charter school or a facility directly related to the 28 operations of the charter school. 29 h. Sue and be sued in the charter school’s own name. 30 i. Operate an education program that may be offered by any 31 noncharter public school or school district. 32 2. A charter school established under this chapter is 33 exempt from all state statutes and rules and any local rule, 34 regulation, or policy, applicable to a noncharter school, 35 -19- LSB 2284YC (2) 88 md/jh 19/ 36
H.F. _____ except that the charter school shall do all of the following: 1 a. Meet all applicable federal, state, and local health and 2 safety requirements and laws prohibiting discrimination on the 3 basis of race, creed, color, sex, sexual orientation, gender 4 identity, national origin, religion, ancestry, or disability. 5 If approved under section 256E.4 or 256E.5, the charter school 6 shall be subject to any court-ordered desegregation plan in 7 effect for the school district at the time the charter school 8 application is approved. 9 b. Operate as a nonsectarian, nonreligious school. 10 c. Be free of tuition and application fees to Iowa resident 11 students between the ages of five and twenty-one years. 12 d. Be subject to and comply with chapters 216 and 216A 13 relating to civil and human rights. 14 e. Provide special education services in accordance with 15 chapter 256B. 16 f. Be subject to the same financial audits, audit 17 procedures, and audit requirements as a school district. The 18 audit shall be consistent with the requirements of sections 19 11.6, 11.14, 11.19, and 279.29, and section 256.9, subsection 20 20, except to the extent deviations are necessary because 21 of the program at the school. The department, the auditor 22 of state, or the legislative services agency may conduct 23 financial, program, or compliance audits. 24 g. Be subject to and comply with the provisions of chapter 25 285 relating to the transportation of students. 26 h. Be subject to and comply with the requirements of section 27 256.7, subsection 21, and the educational standards of section 28 256.11. 29 i. Provide instruction for at least the number of days or 30 hours required by section 279.10, subsection 1. 31 j. Be subject to the construction bidding requirements of 32 chapter 26. 33 k. Comply with the requirements of this chapter. 34 3. A charter school shall employ or contract with teachers 35 -20- LSB 2284YC (2) 88 md/jh 20/ 36
H.F. _____ as defined in section 272.1, who hold valid licenses with an 1 endorsement for the type of instruction or service for which 2 the teachers are employed or under contract. 3 4. A charter school shall not discriminate in its student 4 admissions policies or practices on the basis of intellectual 5 or athletic ability, measures of achievement or aptitude, or 6 status as a person with a disability. However, a charter 7 school may limit admission to students who are within a 8 particular range of ages or grade levels or on any other 9 basis that would be legal if initiated by a school district. 10 Enrollment priority shall be given to the siblings of students 11 enrolled in a charter school. 12 5. A charter school shall enroll an eligible student who 13 submits a timely application unless the number of applications 14 exceeds the capacity of a program, class, grade level, or 15 building. In this case, students must be accepted by lot. 16 Upon enrollment of an eligible student, the charter school 17 shall notify the public school district of residence not later 18 than March 1 of the preceding school year. 19 6. Each charter school governing board shall be required to 20 adopt a conflict of interest policy and a code of ethics for 21 all board members and employees. 22 7. Each charter school governing board shall adopt a policy 23 regarding the hiring of family members to avoid nepotism in 24 hiring and supervision. The policy shall include but is not 25 limited to a disclosure to the governing board of potential 26 nepotism in hiring and supervision. Any person subject to the 27 policy with a conflict shall not be involved in the hiring 28 decision or supervision of a potential employee. 29 8. Individuals compensated by an education service provider 30 are prohibited from serving as a voting member on the governing 31 board of any charter school unless the school board or state 32 board that approved the charter school waives such prohibition. 33 9. If the charter school is operated by an education service 34 provider, the governing board of the charter school shall have 35 -21- LSB 2284YC (2) 88 md/jh 21/ 36
H.F. _____ access to all records of the education service provider that 1 are necessary to evaluate any provision of the contract or 2 evaluate the education service provider’s performance under the 3 contract. 4 Sec. 9. NEW SECTION . 256E.9 Funding. 5 1. Each student enrolled in a charter school established 6 under this chapter shall be counted, for state school 7 foundation purposes, in the student’s district of residence 8 pursuant to section 257.6, subsection 1, paragraph “a” , 9 subparagraph (9). For purposes of this section, residence 10 means a residence under section 282.1. 11 2. a. The school district of residence shall pay to the 12 charter school in which the student is enrolled in the manner 13 required under section 282.18, subsection 7, and pursuant to 14 the timeline in section 282.20, subsection 3, an amount equal 15 to the sum of the following: 16 (1) The regular program state cost per pupil for the 17 previous school year. 18 (2) The teacher salary supplement state cost per pupil for 19 the previous fiscal year. 20 (3) The professional development supplement state cost per 21 pupil for the previous fiscal year. 22 (4) The early intervention supplement state cost per pupil 23 for the previous fiscal year. 24 (5) The area education agency teacher salary supplement 25 state cost per pupil for the previous fiscal year. 26 (6) The area education agency professional development 27 supplement state cost per pupil for the previous fiscal year. 28 (7) The state media services cost per pupil for the previous 29 fiscal year. 30 (8) The special education support services state cost per 31 pupil for the previous fiscal year. 32 (9) The state educational services cost per pupil for the 33 previous fiscal year. 34 (10) Any moneys the school district receives as a result 35 -22- LSB 2284YC (2) 88 md/jh 22/ 36
H.F. _____ of the student’s non-English speaking weighting under section 1 280.4, subsection 3, for the previous school year. 2 (11) Any moneys the school district receives as a result of 3 the student’s enrollment in special education programs. 4 b. In addition to moneys received from the school district 5 of residence, charter schools with teachers and students 6 eligible for federal funding shall receive the proportionate 7 share of such funding. If a charter school receives such 8 funding, the charter school shall comply with all reporting or 9 other requirements to receive the funding. 10 3. If necessary, and pursuant to rules adopted by the state 11 board of education, funding amounts required under this section 12 for the first school year of a new charter school shall be 13 based on enrollment estimates for the charter school included 14 in the charter school contract. Initial amounts paid using 15 estimated enrollments shall be reconciled during the subsequent 16 payment based on actual enrollment of the charter school during 17 the first school year. 18 4. The department shall disburse state transportation 19 funding to a charter public school on the same basis and in the 20 same manner as such funding is paid to school districts. 21 Sec. 10. NEW SECTION . 256E.10 Performance framework. 22 1. The performance provisions within the charter school 23 contract shall be based on a performance framework adopted by 24 the authorizing board that clearly sets forth the academic 25 and operational performance indicators, measures, and metrics 26 that will guide the evaluation of the charter school by the 27 authorizing board, without compromising individual student 28 privacy. The performance framework shall include but is not 29 limited to indicators, measures, and metrics for all of the 30 following: 31 a. Student academic proficiency. 32 b. Student academic growth. 33 c. Achievement gaps in both proficiency and growth between 34 specified populations or groups of students, including groups 35 -23- LSB 2284YC (2) 88 md/jh 23/ 36
H.F. _____ based on gender, race, poverty, special education status, 1 limited English proficiency, and gifted status. 2 d. Attendance. 3 e. Enrollment attrition. 4 f. Postsecondary readiness for students in grades nine 5 through twelve. 6 g. Goals specified in the charter school’s mission. 7 h. Financial performance and sustainability. 8 i. Governing board performance and stewardship, including 9 compliance with all applicable laws, regulations, and terms of 10 the charter contract. 11 2. Annual performance targets shall be agreed upon 12 between each charter school and the authorizing board. Such 13 performance targets shall be contained in the charter school 14 contract and shall be designed to help each charter school 15 meet applicable federal, state, and local standards. The 16 performance targets contained in the charter school contract 17 may be amended by mutual agreement after the charter school is 18 operating and has collected initial achievement data for the 19 charter school’s students. 20 3. The authorizing board is responsible for collecting, 21 analyzing, and reporting all data from state assessments and 22 other state data sources in accordance with the performance 23 framework. However, all efforts shall be made by all 24 parties to the charter school contract to eliminate or reduce 25 duplicative data reporting requirements. 26 4. Multiple charter schools operating under a single 27 charter school contract shall be required to report their 28 performance data as separate, individual schools, with each 29 charter school held independently accountable for performance. 30 5. Each charter school established under this chapter 31 shall be evaluated and graded by the department pursuant to 32 the attendance center performance rankings developed pursuant 33 to 2013 Iowa Acts, ch. 121, §73, or any succeeding evaluation 34 system the department adopts. 35 -24- LSB 2284YC (2) 88 md/jh 24/ 36
H.F. _____ Sec. 11. NEW SECTION . 256E.11 Oversight —— corrective 1 action —— contract renewal —— revocation. 2 1. The authorizing board shall monitor the performance 3 and compliance of each charter school the authorizing board 4 approves, including collecting and analyzing data according to 5 the charter school contract in order to meet the requirements 6 of this chapter. Such oversight may include inquiries and 7 investigation of the charter school so long as the activities 8 are consistent with the intent of this chapter, adhere to the 9 terms of the charter school contract, and do not unduly inhibit 10 the autonomy granted to the charter school. Any performance 11 report resulting from an inquiry or investigation under this 12 section shall, upon conclusion of such action, be included in 13 the annual report required under section 256E.13. 14 2. As part of the charter school contract, the charter 15 school may be required to submit an annual report to assist 16 the authorizing board in evaluating the charter school’s 17 performance and compliance with the performance framework. 18 3. In the event that a charter school’s performance under 19 the charter school contract or compliance with applicable 20 laws or rules is unsatisfactory, the authorizing board shall 21 notify the charter school of the perceived problem and provide 22 reasonable opportunity for the school to remedy the problem, 23 unless the problem warrants revocation, in which case the 24 revocation provisions of this section apply. 25 4. The authorizing board shall have the authority to take 26 appropriate corrective actions or impose sanctions, other than 27 revocation, in response to deficiencies in the charter school’s 28 performance or compliance with applicable laws and rules. 29 Such actions or sanctions may include requiring the charter 30 school to develop and execute a corrective action plan within a 31 specified time period. 32 5. A charter school contract may be renewed for periods of 33 time not to exceed an additional five years. 34 6. Annually, by June 30, the authorizing board shall 35 -25- LSB 2284YC (2) 88 md/jh 25/ 36
H.F. _____ issue a charter school performance report and charter school 1 contract renewal application guidance to each charter school 2 whose charter school contract will expire during the following 3 school budget year. The performance report shall summarize the 4 charter school’s performance record to date based on the data 5 required by the charter school contract and by this chapter 6 and shall identify concerns that may jeopardize renewal of the 7 charter school contract if not remedied. The charter school 8 shall have sixty days to respond to the performance report and 9 submit any corrections or clarifications for the report. 10 7. The renewal application guidance shall, at a minimum, 11 include the criteria that will be used when making renewal 12 decisions and provide an opportunity for the charter school to: 13 a. Present additional evidence, beyond the data contained in 14 the performance report. 15 b. Describe improvements undertaken or planned for the 16 charter school. 17 c. Describe the charter school’s plans, including any 18 proposed modifications, for the next charter school contract 19 term. 20 8. No later than October 1, the governing board of a charter 21 school seeking renewal shall submit a renewal application to 22 the authorizing board pursuant to the renewal application 23 guidance. A renewal or denial shall be approved by resolution 24 of the authorizing board within sixty days following the filing 25 of the renewal application. 26 9. Unless eligible for expedited renewal under subsection 27 14, when reviewing a charter school contract renewal 28 application, the authorizing board shall: 29 a. Use evidence of the school’s performance over the term of 30 the charter school contract in accordance with the applicable 31 performance framework. 32 b. Ensure that data used in making renewal decisions is 33 available to the charter school and the public. 34 c. Provide a report summarizing the evidence that served as 35 -26- LSB 2284YC (2) 88 md/jh 26/ 36
H.F. _____ a basis for the decision. 1 10. A charter school contract may be revoked at any time 2 or not renewed if the authorizing board determines that the 3 charter school did any of the following: 4 a. Committed a material violation of any of the terms, 5 conditions, standards, or procedures required under the charter 6 school contract or this chapter. 7 b. Failed to meet or make sufficient progress toward the 8 performance expectations set forth in the charter school 9 contract. 10 c. Failed to meet generally accepted standards of fiscal 11 management. 12 d. Violated a provision of law from which the charter school 13 was not exempted. 14 11. Each authorizing board shall develop charter school 15 contract revocation and nonrenewal standards and procedures 16 that do all of the following: 17 a. Provide the charter school with a timely notice of the 18 possibility of revocation or nonrenewal and of the reasons 19 therefor. 20 b. Allow the charter school a reasonable period of time in 21 which to prepare a response to any notice received. 22 c. Provide the charter school an opportunity to submit 23 documents and give testimony challenging the decision to revoke 24 the charter school contract or the decision to not renew the 25 contract. 26 d. Allow the charter school the opportunity to hire legal 27 representation and to call witnesses. 28 e. Permit the audio or video recording of such proceedings. 29 f. Require a final decision to be conveyed in writing to the 30 charter school. 31 12. A decision to revoke or to not renew a charter school 32 contract shall be by resolution of the authorizing board 33 and shall clearly state the reasons for the revocation or 34 nonrenewal. 35 -27- LSB 2284YC (2) 88 md/jh 27/ 36
H.F. _____ 13. For charter schools established under section 256E.4, 1 within thirty days of adopting a resolution to renew, not 2 renew, or revoke a charter school contract, the school board 3 shall report to the state board the action taken and shall 4 provide a copy of the resolution to the charter school at the 5 same time that the resolution is submitted to the state board. 6 14. If a charter school has been evaluated and graded to 7 be in the exceptional category, or the highest rated category 8 under a succeeding evaluation system, under the evaluation and 9 grading required under section 256E.10, subsection 5, for the 10 immediately preceding two school years, and the charter school 11 is in compliance with the current charter school contract 12 and all provisions of this chapter, the charter school’s 13 application renewal under subsection 8 shall be renewed 14 for an additional period of time equal to the length of the 15 original charter school contract or the most recent renewal 16 of the contract, whichever is longer, unless the authorizing 17 board provides written notice to the charter school of the 18 authorizing board’s rejection of the expedited renewal within 19 sixty days of the filing of the application. An authorizing 20 board shall not reject an expedited renewal application unless 21 the authorizing board finds exceptional circumstances for the 22 rejection or seeks material changes to the charter school 23 contract. 24 Sec. 12. NEW SECTION . 256E.12 Procedures for charter school 25 closure —— student enrollment. 26 1. Prior to any charter school closure decision, the 27 authorizing board shall develop a charter school closure 28 protocol to ensure timely notice to parents and guardians, 29 provide for the orderly transition of students and student 30 records to new schools, and to provide proper disposition of 31 school funds, property, and assets in accordance with the 32 requirements of this chapter. The protocol shall specify 33 required actions and timelines and identify responsible parties 34 for each such action. 35 -28- LSB 2284YC (2) 88 md/jh 28/ 36
H.F. _____ 2. In the event of a charter school closure, the assets of 1 the charter school shall be used first to satisfy outstanding 2 payroll obligations for employees of the school, then to 3 creditors of the school, then to the public school district in 4 which the charter school operated, if applicable, and then to 5 the state general fund. If the assets of the charter school 6 are insufficient to pay all obligations of the charter school, 7 the prioritization of the distribution of assets shall be 8 determined by the district court. 9 Sec. 13. NEW SECTION . 256E.13 Reports. 10 1. Each charter school shall prepare and file an annual 11 report with the department. The department shall prescribe 12 by rule the required contents of the report, but each such 13 report shall include information regarding student achievement, 14 including annual academic growth and proficiency, graduation 15 rates, and financial performance and sustainability. The 16 reports are public records and the examination, publication, 17 and dissemination of the reports are governed by the provisions 18 of chapter 22. 19 2. The state board shall prepare and file with the general 20 assembly by December 1, annually, a comprehensive report with 21 findings and recommendations relating to the charter school 22 program in the state and whether the charter school program 23 under this chapter is meeting the goals and purposes of the 24 program. The report also shall contain, for each charter 25 school, a copy of the charter school’s mission statement, 26 attendance statistics and dropout rate, aggregate assessment 27 test scores, projections of financial stability, and the number 28 and qualifications of teachers and administrators. 29 Sec. 14. Section 256F.3, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 8A. The state board shall not approve a new 32 charter school under this chapter on or after July 1, 2019. 33 Sec. 15. NEW SECTION . 256F.12 Operation of existing charter 34 schools. 35 -29- LSB 2284YC (2) 88 md/jh 29/ 36
H.F. _____ Charter schools established under this chapter prior to July 1 1, 2019, shall continue to operate under and be subject to the 2 requirements of this chapter. 3 Sec. 16. Section 257.6, subsection 1, paragraph a, Code 4 2019, is amended by adding the following new subparagraph: 5 NEW SUBPARAGRAPH . (9) Resident pupils enrolled in a charter 6 school under chapter 256E or 256F. 7 Sec. 17. Section 257.31, subsection 5, paragraph d, Code 8 2019, is amended to read as follows: 9 d. The closing of a nonpublic school, wholly or in part, or 10 the opening or closing of a pilot charter school. 11 Sec. 18. Section 282.9, subsection 1, Code 2019, is amended 12 to read as follows: 13 1. Notwithstanding sections 275.55A , 256E.8, 256F.4 , and 14 282.18 , or any other provision to the contrary, prior to 15 knowingly enrolling an individual who is required to register 16 as a sex offender under chapter 692A , but who is otherwise 17 eligible to enroll in a public school, the board of directors 18 of a school district shall determine the educational placement 19 of the individual. Upon receipt of notice that a student who 20 is enrolled in the district is required to register as a sex 21 offender under chapter 692A , the board shall determine the 22 educational placement of the student. The tentative agenda 23 for the meeting of the board of directors at which the board 24 will consider such enrollment or educational placement shall 25 specifically state that the board is considering the enrollment 26 or educational placement of an individual who is required 27 to register as a sex offender under chapter 692A . If the 28 individual is denied enrollment in a school district under this 29 section , the school district of residence shall provide the 30 individual with educational services in an alternative setting. 31 Sec. 19. Section 282.18, subsection 4, paragraph b, Code 32 2019, is amended to read as follows: 33 b. For purposes of this section , “good cause” means a change 34 in a child’s residence due to a change in family residence, a 35 -30- LSB 2284YC (2) 88 md/jh 30/ 36
H.F. _____ change in the state in which the family residence is located, 1 a change in a child’s parents’ marital status, a guardianship 2 or custody proceeding, placement in foster care, adoption, 3 participation in a foreign exchange program, or participation 4 in a substance abuse or mental health treatment program, a 5 change in the status of a child’s resident district such as 6 removal of accreditation by the state board, surrender of 7 accreditation, or permanent closure of a nonpublic school, 8 revocation of a charter school contract as provided in section 9 256E.11 or 256F.8, the failure of negotiations for a whole 10 grade sharing, reorganization, dissolution agreement or the 11 rejection of a current whole grade sharing agreement, or 12 reorganization plan. If the good cause relates to a change 13 in status of a child’s school district of residence, however, 14 action by a parent or guardian must be taken to file the 15 notification within forty-five days of the last board action 16 or within thirty days of the certification of the election, 17 whichever is applicable to the circumstances. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill establishes a new charter school program within 22 the state under new Code chapter 256E and prohibits new charter 23 schools from being established on or after July 1, 2019, 24 under the existing charter school program, Code chapter 256F. 25 Charter schools established under Code chapter 256F prior to 26 July 1, 2019, shall continue to operate under and be subject to 27 the requirements of that Code chapter. 28 The bill creates three models by which a charter school may 29 be established: (1) founding group-school board model, under 30 which a founding group may apply to a school board for approval 31 to establish and operate a charter school within and as a part 32 of the school district either by establishing a new attendance 33 center or converting an existing attendance center; (2) school 34 board-state board model, under which a school board may create 35 -31- LSB 2284YC (2) 88 md/jh 31/ 36
H.F. _____ a founding group to apply to the state board of education for 1 approval to establish and operate a charter school within 2 and as a part of the school district by establishing a new 3 attendance center, creating a new school within an existing 4 attendance center, or converting an existing attendance 5 center; and (3) founding group-state board model, under which 6 a founding group may apply to the state board for approval to 7 establish and operate a charter school within the boundaries of 8 the state that operates independently from any public school 9 district as a new attendance center. 10 The bill defines “founding group” to mean a person or group 11 of persons that develops and submits an application for a 12 charter school to an authorizing board. The bill defines 13 “governing board” to mean the independent board of a charter 14 school whose members are elected or selected pursuant to the 15 charter school’s application and charter school contract. 16 The bill establishes requirements for charter school 17 application contents and procedure, requires the state board of 18 education to adopt rules to establish appropriate application 19 timelines and deadlines for the submission of charter school 20 applications, and establishes standards for reviewing charter 21 school applications by the authorizing board, as specified in 22 the bill. Each application review includes evaluation of the 23 written application, an in-person interview with the applicant, 24 and an opportunity in a public forum for local residents of the 25 public school district within which the applicant proposes to 26 locate the charter school to learn about and provide input on 27 each application. 28 The bill establishes provisions governing the approval 29 or denial of a charter school application and the timing of 30 such a decision, including the prohibition on approving an 31 application if the applicant has another pending charter school 32 application. The decision of the school board or the state 33 board as to a charter school application is not appealable. 34 After approval of the charter school application, the 35 -32- LSB 2284YC (2) 88 md/jh 32/ 36
H.F. _____ applicant and the authorizing board must execute a charter 1 school contract setting forth the operational performance 2 expectations and measures by which the charter school will 3 be evaluated. An initial charter school contract shall be 4 granted for a term of five school budget years. The contract 5 may provide for requirements or conditions to govern and 6 monitor the start-up progress of an approved charter school 7 prior to the opening of the charter school including but not 8 limited to conditions to ensure that the charter school meets 9 all building, health, safety, insurance, and other legal 10 requirements. 11 A charter school established under the bill has all the 12 powers necessary for carrying out the terms of the charter 13 school contract including those powers specified in the bill. 14 A charter school established under the bill is exempt from 15 all state statutes and rules and any local rule, regulation, 16 or policy applicable to a noncharter school, except that 17 the charter school shall do all of the following: (1) meet 18 all applicable federal, state, and local health and safety 19 requirements and laws prohibiting discrimination on the 20 basis of race, creed, color, sex, sexual orientation, gender 21 identity, national origin, religion, ancestry, or disability; 22 (2) operate as a nonsectarian, nonreligious school; (3) be 23 free of tuition and application fees to Iowa resident students 24 between the ages of 5 and 21 years; (4) be subject to and 25 comply with Code chapters 216 and 216A relating to civil 26 and human rights; (5) provide special education services in 27 accordance with Code chapter 256B; (6) be subject to the same 28 financial audits, audit procedures, and audit requirements 29 as a school district; (7) be subject to and comply with the 30 provisions of Code chapter 285 relating to the transportation 31 of students; (8) be subject to and comply with the education 32 program and testing requirements of Code section 256.7(21) 33 and the educational standards of Code section 256.11; (9) 34 provide instruction for at least the number of days or hours 35 -33- LSB 2284YC (2) 88 md/jh 33/ 36
H.F. _____ required by Code section 279.10(1); and (10) be subject to the 1 construction bidding requirements of Code chapter 26. 2 The bill requires a charter school to employ or contract 3 with teachers who hold a valid license with an endorsement for 4 the type of instruction or service for which the teacher is 5 employed or under contract and establishes requirements for 6 charter schools relating to enrollment and admissions policies. 7 Upon enrollment of an eligible student, the charter school is 8 required to notify the public school district of residence. 9 Each student enrolled in a charter school established 10 under the bill shall be counted, for state school foundation 11 purposes, in the student’s district of residence. The school 12 district of residence is then required to pay to the charter 13 school in which the student is enrolled an amount equal to the 14 sum of the following: (1) the regular program state cost per 15 pupil for the previous school year; (2) the teacher salary 16 supplement state cost per pupil for the previous fiscal year; 17 (3) the professional development supplement state cost per 18 pupil for the previous fiscal year; (4) the early intervention 19 supplement state cost per pupil for the previous fiscal year; 20 (5) the area education agency teacher salary supplement state 21 cost per pupil for the previous fiscal year; (6) the area 22 education agency professional development supplement state cost 23 per pupil for the previous fiscal year; (7) the state media 24 services cost per pupil for the previous fiscal year; (8) the 25 special education support services state cost per pupil for 26 the previous fiscal year; (9) the state educational services 27 cost per pupil for the previous fiscal year; (10) any moneys 28 the school district receives as a result of the student’s 29 non-English speaking weighting for the previous fiscal year; 30 and (11) any moneys the school district receives as a result of 31 the student’s enrollment in special education programs. The 32 bill establishes provisions relating to the distribution of 33 eligible federal funds and disbursement of state transportation 34 funding to charter schools. The bill also establishes 35 -34- LSB 2284YC (2) 88 md/jh 34/ 36
H.F. _____ provisions governing the payments to charter schools in the 1 first year of operation. 2 The bill establishes requirements for the performance 3 provisions within the charter school contract that will guide 4 the evaluation of the charter school by the authorizing board. 5 The authorizing board is required to monitor the performance 6 and compliance of each charter school it approves, including 7 collecting and analyzing data according to the charter school 8 contract in order to meet the requirements of the charter 9 school contract and the bill. As part of the charter school 10 contract, the charter school may be required to submit an 11 annual report to assist the authorizing board in evaluating 12 the charter school’s performance and compliance with the 13 performance framework. 14 The bill also establishes provisions to govern situations 15 where a charter school’s performance under the charter school 16 contract or compliance with applicable laws or rules is 17 unsatisfactory, including the authority to take appropriate 18 corrective actions, impose sanctions, or revoke the contract. 19 A charter school contract may be renewed for periods of 20 time not to exceed an additional five years. The bill also 21 establishes provisions that govern the renewal process for a 22 charter school contract, including standards under which the 23 authorizing board must operate when reviewing a charter school 24 contract renewal application. 25 The bill requires that, prior to any charter school closure 26 decision, the authorizing board must develop a charter school 27 closure protocol to ensure timely notice to parents, provide 28 for the orderly transition of students and student records to 29 new schools, and to provide proper disposition of school funds, 30 property, and assets. The bill also specifies the priority to 31 be used when satisfying obligations of a charter school after 32 its closure. 33 Under the bill, each charter school is required to prepare 34 and file an annual report with the department of education, 35 -35- LSB 2284YC (2) 88 md/jh 35/ 36
H.F. _____ the contents of which shall be determined by the department 1 by rule. The state board of education is required to prepare 2 and file with the general assembly by December 1, annually, a 3 comprehensive report including items specified in the bill, 4 along with findings and recommendations relating to the charter 5 school program in the state and whether the charter school 6 program is meeting the goals and purposes of the program. 7 -36- LSB 2284YC (2) 88 md/jh 36/ 36