House File 813 - Introduced HOUSE FILE 813 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 242) 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 2241HV (1) 89 md/jh
H.F. 813 Section 1. NEW SECTION . 256E.1 Establishment of charter 1 schools —— purpose. 2 1. Charter schools shall be part of the state’s program of 3 public education. 4 2. A charter school may be established by either of the 5 following methods: 6 a. A school board may create a founding group to apply 7 to the state board for approval to establish and operate a 8 charter school within and as a part of the school district by 9 establishing a new attendance center, creating a new school 10 within an existing attendance center, or by converting an 11 existing attendance center to charter status. 12 b. A founding group may apply to the state board for 13 approval to establish and operate a charter school within the 14 boundaries of the state that operates as a new attendance 15 center independently from a public school district. 16 3. The purpose of a charter school established pursuant to 17 this chapter shall be to accomplish the following: 18 a. Improve student learning, well-being, and postsecondary 19 success. 20 b. Increase learning opportunities for students in areas 21 of need in this state, including but not limited to science, 22 technology, engineering, and math (STEM), and science, 23 technology, engineering, arts, and math (STEAM). 24 c. Increase opportunities for work-based learning, early 25 literacy intervention, and serving at-risk populations. 26 d. Accelerating student learning to prevent learning loss 27 during the COVID-19 pandemic and other significant disruptions 28 to student learning. 29 e. Encourage the use of evidence-based practices in 30 innovative environments. 31 f. Require the measurement and evaluation of program 32 implementation and learning outcomes. 33 g. Establish models of success for Iowa schools. 34 h. Create new professional opportunities for teachers and 35 -1- LSB 2241HV (1) 89 md/jh 1/ 29
H.F. 813 other educators. 1 i. Investigate and establish different organizational 2 structures for schools to use to implement a multi-tiered 3 system of supports for students. 4 j. Allow greater flexibility to meet the education needs of 5 a diverse student population and changing workforce needs. 6 k. Allow for the flexible allocation of resources through 7 implementation of specialized school budgets for the benefit 8 of the schools served. 9 l. Allow greater flexibility for districts and schools to 10 focus on closing gaps in student opportunity and achievement 11 for all students from preschool through postsecondary 12 preparation. 13 4. The state board of education shall be the only authorizer 14 of charter schools under this chapter. 15 Sec. 2. NEW SECTION . 256E.2 Definitions. 16 As used in this chapter, unless the context otherwise 17 requires: 18 1. “Attendance center” means a school building that contains 19 classrooms used for instructional purposes for elementary, 20 middle, or secondary school students. 21 2. “Charter school” means a school established in accordance 22 with this chapter. 23 3. “Department” means the department of education. 24 4. “Education service provider” means an education 25 management organization, charter school management 26 organization, or other person with whom a charter school 27 contracts for educational program implementation or 28 comprehensive management. 29 5. “Founding group” means a person, group of persons, 30 or education service provider that develops and submits an 31 application for a charter school to the state board under this 32 chapter. 33 6. “Governing board” means the independent board of a 34 charter school whose members are elected or selected pursuant 35 -2- LSB 2241HV (1) 89 md/jh 2/ 29
H.F. 813 to the charter school contract. 1 7. “School board” means a board of directors regularly 2 elected by the registered voters of an accredited public school 3 district. 4 8. “State board” means the state board of education. 5 Sec. 3. NEW SECTION . 256E.3 Department —— duty to monitor. 6 The department shall monitor the effectiveness of charter 7 schools and shall implement the applicable provisions of this 8 chapter. 9 Sec. 4. NEW SECTION . 256E.4 School board-state board model. 10 1. A school board may create a founding group to apply 11 to the state board for approval to establish and operate a 12 charter school within and as a part of the school district by 13 establishing a new attendance center, creating a new school 14 within an existing attendance center, or by converting an 15 existing attendance center. The application shall demonstrate 16 the founding group’s academic and operational vision and plans 17 for the proposed charter school, demonstrate the founding 18 group’s capacity to execute the vision and plans, and provide 19 the state board a clear basis for assessing the founding 20 group’s plans and capacity. 21 2. The state board shall adopt rules to establish 22 appropriate application timelines and deadlines for the 23 submission of charter school applications under this section. 24 3. The instructions for completing an application shall 25 include or otherwise inform applicants of all of the following: 26 a. The performance framework adopted by the state board 27 for charter school oversight and evaluation requirements in 28 accordance with sections 256E.9 and 256E.10. 29 b. The criteria the state board will use in evaluating 30 applications. 31 c. The requirements concerning the format and content 32 essential for applicants to demonstrate the capacities 33 necessary to establish and operate a successful charter school. 34 4. An application submitted under this section shall also 35 -3- LSB 2241HV (1) 89 md/jh 3/ 29
H.F. 813 include all of the following items related to the proposed 1 charter school: 2 a. An executive summary. 3 b. The mission and vision of the proposed charter school, 4 including identification of the targeted student population and 5 the community the charter school intends to serve. 6 c. The location of the proposed charter school or the 7 proposed geographic area within the school district where the 8 school is proposed to be located. 9 d. Identification of the grades to be served each school 10 year during the duration of the charter school contract. 11 e. Minimum, planned, and maximum enrollment per grade for 12 each school year during the duration of the charter school 13 contract. 14 f. Evidence of need and community support for the proposed 15 charter school. 16 g. Background information on the members of the founding 17 group and background information on the governing board, 18 administration, and management personnel of the proposed 19 charter school, if available. 20 h. The charter school’s proposed operations calendar and 21 sample daily schedule. 22 i. A description of the academic program and identification 23 of ways the program aligns with state academic standards. 24 j. A description of the charter school’s instructional 25 model, including the type of learning environment, class size 26 and structure, curriculum overview, and teaching methods. 27 k. The charter school’s plan for using internal and external 28 assessments to measure and report student progress on the 29 performance framework in accordance with section 256E.9. 30 l. Plans for identifying and serving students with 31 disabilities, students who are limited English proficient, 32 students who are academically failing or below grade level, and 33 gifted students, including but not limited to compliance with 34 applicable laws and regulations. 35 -4- LSB 2241HV (1) 89 md/jh 4/ 29
H.F. 813 m. A description of cocurricular and extracurricular 1 programs and how the programs will be funded and delivered. 2 n. Plans and timelines for student recruitment, enrollment, 3 and transfers, including enrollment preferences and procedures 4 for conducting transparent admissions selections, including 5 admissions lotteries. 6 o. The proposed code of student conduct, including 7 applicable procedures and disciplinary sanctions for both 8 general students and special education students. 9 p. A chart or description of the charter school’s 10 organizational structure and the duties and powers of each 11 position or group, including the delineation of authority and 12 reporting between the governing board, administration, staff, 13 and any related bodies or external organizations that have a 14 role in managing the charter school. 15 q. A staffing chart for the charter school’s first year 16 and a staffing plan for the duration of the charter school 17 contract. 18 r. Plans for recruiting and developing school 19 administrators, staff, and governing board members and the 20 charter school’s employment policies, including performance 21 evaluation plans. 22 s. Proposed governing bylaws for the charter school. 23 t. Identification and explanation of any partnerships or 24 contractual relationships with the founding group or any of the 25 founding group or school board’s members that are related to 26 the charter school’s operations or mission. 27 u. The charter school’s plans for providing transportation 28 services, food service, and all other operational or ancillary 29 services. 30 v. Proposed opportunities and expectations for parent 31 involvement. 32 w. A detailed school start-up plan and five-year plan, 33 including all relevant assumptions used, identifying timelines 34 for charter school finances, budget, and insurance coverage, 35 -5- LSB 2241HV (1) 89 md/jh 5/ 29
H.F. 813 facility construction, preparation, and contingencies, and the 1 identification of persons or positions responsible for each 2 such item. 3 x. Evidence of anticipated fundraising contributions, if 4 any. 5 y. Evidence of the founding group’s success in serving 6 student populations similar to that which is proposed in the 7 application and if the founding group operates other charter 8 schools, evidence of past performance of such other charter 9 schools and evidence of the founding group’s capacity for an 10 additional charter school. 11 z. A description of the charter school governing board’s 12 performance evaluation measures, compensation structure, 13 methods of contract oversight and dispute resolution, 14 investment disclosures and conflicts of interest. 15 aa. 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 staff. 18 5. If the founding group proposes to establish a charter 19 school by converting an existing attendance center of the 20 school district, the state board shall not approve the 21 application unless the founding group submits evidence that 22 the attendance center’s teachers and parents or guardians of 23 students enrolled at the existing attendance center voted in 24 favor of the conversion. A vote in favor of conversion under 25 this subsection requires the support of a majority of the 26 teachers employed at the school on the date of the vote and 27 a majority of the parents or guardians voting whose children 28 are enrolled at the school, provided that a majority of the 29 parents or guardians eligible to vote participate in the ballot 30 process. The state board shall establish procedures by rule 31 for voting under this subsection. A parent or guardian voting 32 in accordance with this subsection must be a resident of this 33 state. 34 6. In reviewing and evaluating charter school applications, 35 -6- LSB 2241HV (1) 89 md/jh 6/ 29
H.F. 813 the state board shall employ procedures, practices, and 1 criteria consistent with nationally recognized principles and 2 standards for reviewing charter school applications. Each 3 application review shall include thorough evaluation of the 4 written application, an in-person interview with the founding 5 group, and an opportunity in a public forum for local residents 6 to learn about and provide input on each application. 7 7. Following review of a charter school application and 8 completion of the process required under subsection 6, the 9 state board shall do all of the following: 10 a. Approve a charter school application only if the founding 11 group has demonstrated competence in each element of the 12 approval criteria and if the founding group is likely to open 13 and operate a successful charter school. 14 b. Make application decisions on documented evidence 15 collected through the application review process. 16 c. Adhere to the policies and criteria that are transparent, 17 based on merit, and avoid conflicts of interest or any 18 appearance thereof. 19 8. The state board shall approve a charter school 20 application if the application satisfies the requirements of 21 this chapter. The state board shall approve or deny a charter 22 school application no later than seventy-five calendar days 23 after the application is received. If the state board denies 24 an application, the state board shall provide notice of denial 25 to the founding group in writing within thirty days after the 26 state board’s action. The notice shall specify the exact 27 reasons for denial and provide documentation supporting those 28 reasons. An approval decision may include, if appropriate, 29 reasonable conditions that the founding group must meet before 30 a charter school contract may be executed pursuant to section 31 256E.6. An approved charter application shall not serve as a 32 charter school contract. 33 9. A decision of the state board relating to an application 34 under this section is not appealable. 35 -7- LSB 2241HV (1) 89 md/jh 7/ 29
H.F. 813 10. An unsuccessful applicant under this section may 1 subsequently reapply to the state board. 2 Sec. 5. NEW SECTION . 256E.5 Founding group-state board 3 model. 4 1. A founding group may apply to the state board for 5 approval to establish and operate a charter school within the 6 boundaries of the state that operates as a new attendance 7 center independently from a public school district. The 8 application shall demonstrate the founding group’s academic 9 and operational vision and plans for the proposed charter 10 school, demonstrate the founding group’s capacity to execute 11 the vision and plans, and provide the state board a clear basis 12 for assessing the founding group’s plans and capacity. 13 2. The state board shall adopt rules to establish 14 appropriate application timelines and deadlines for the 15 submission of charter school applications under this section. 16 3. The instructions for completing an application shall 17 include or otherwise inform applicants of all of the following: 18 a. The performance framework adopted by the state board 19 for charter school oversight and evaluation requirements in 20 accordance with sections 256E.9 and 256E.10. 21 b. The criteria the state board will use in evaluating 22 applications. 23 c. The requirements concerning the format and content 24 essential for applicants to demonstrate the capacities 25 necessary to establish and operate a successful charter school. 26 4. The applications submitted under this section shall also 27 include all of the following items related to the proposed 28 charter school: 29 a. An executive summary. 30 b. The mission and vision of the proposed charter school, 31 including identification of the targeted student population and 32 the community the school intends to serve. 33 c. The location of the proposed charter school or the 34 proposed geographic area within the state where the school is 35 -8- LSB 2241HV (1) 89 md/jh 8/ 29
H.F. 813 proposed to be located. 1 d. Identification of the grades to be served each school 2 year during the duration of the charter school contract. 3 e. Minimum, planned, and maximum enrollment per grade for 4 each school year during the duration of the charter school 5 contract. 6 f. Evidence of need and community support for the proposed 7 charter school. 8 g. Background information on the members of the founding 9 group and background information on the governing board, 10 administration, and management personnel of the proposed 11 charter school, if available. 12 h. The charter school’s proposed operations calendar and 13 sample daily schedule. 14 i. A description of the academic program and identification 15 of ways the program aligns with state academic standards. 16 j. A description of the charter school’s instructional 17 model, including the type of learning environment, class size 18 and structure, curriculum overview, and teaching methods. 19 k. The charter school’s plan for using internal and external 20 assessments to measure and report student progress on the 21 performance framework in accordance with section 256E.9. 22 l. Plans for identifying and serving students with 23 disabilities, students who are limited English proficient, 24 students who are academically failing or below grade level, and 25 gifted students, including but not limited to compliance with 26 applicable laws and regulations. 27 m. A description of cocurricular and extracurricular 28 programs and how the programs will be funded and delivered. 29 n. Plans and timelines for student recruitment, enrollment, 30 and transfers, including enrollment preferences and procedures 31 for conducting transparent admissions selections, including 32 admissions lotteries. 33 o. The proposed code of student conduct, including 34 applicable procedures and disciplinary sanctions for both 35 -9- LSB 2241HV (1) 89 md/jh 9/ 29
H.F. 813 general students and special education students. 1 p. A chart or description of the charter school’s 2 organizational structure and the duties and powers of each 3 position or group, including the delineation of authority and 4 reporting between the governing board, staff, and any related 5 bodies or external organizations that have a role in managing 6 the charter school. 7 q. A staffing chart for the charter school’s first year 8 and a staffing plan for the duration of the charter school 9 contract. 10 r. Plans for recruiting and developing school 11 administrators, staff, and governing board members and the 12 charter school’s employment policies, including performance 13 evaluation plans. 14 s. Proposed governing bylaws for the charter school. 15 t. Identification and explanation of any partnerships or 16 contractual relationships with an education service provider 17 that are related to the charter school’s operations or mission. 18 u. The charter school’s plans for providing transportation 19 services, food service, and all other operational or ancillary 20 services. 21 v. Proposed opportunities and expectations for parent 22 involvement. 23 w. A detailed school start-up plan and five-year plan, 24 including all relevant assumptions used, identifying timelines 25 for charter school finances, budget, and insurance coverage, 26 facility construction, preparation, and contingencies, and the 27 identification of persons or positions responsible for each 28 such item. 29 x. Evidence of anticipated fundraising contributions, if 30 any. 31 y. If the application includes a proposal that the governing 32 board contracts with an education service provider, evidence 33 of the education service provider’s success in serving 34 student populations similar to that which is proposed in the 35 -10- LSB 2241HV (1) 89 md/jh 10/ 29
H.F. 813 application and if the education service provider operates 1 other charter schools, evidence of past performance of such 2 other charter schools and evidence of the education service 3 provider’s capacity for growth. 4 z. If the application includes a proposal that the 5 governing board contracts with an education service provider, 6 a description of the education service provider’s performance 7 evaluation measures, compensation structure, methods of 8 contract oversight and dispute resolution, investment 9 disclosures and conflicts of interest. 10 aa. A proposed duration and outline of the charter school 11 contract, including designation of roles, authority, and duties 12 of the governing board and the charter school staff. 13 5. In reviewing and evaluating charter school applications, 14 the state board shall employ procedures, practices, and 15 criteria consistent with nationally recognized principles and 16 standards for reviewing charter school applications. Each 17 application review shall include thorough evaluation of the 18 written application, an in-person interview with the applicant, 19 and an opportunity in a public forum for local residents of the 20 public school district within which the applicant proposes to 21 locate the charter school to learn about and provide input on 22 each application. 23 6. Following review of a charter school application and 24 completion of the process required under subsection 5, the 25 state board shall do all of the following: 26 a. Approve a charter school application only if the 27 applicant has demonstrated competence in each element of the 28 state board’s published approval criteria and the applicant is 29 likely to open and operate a successful charter school. 30 b. Make application decisions on documented evidence 31 collected through the application review process. 32 c. Adhere to the policies and criteria that are transparent, 33 based on merit, and avoid conflicts of interest or any 34 appearance thereof. 35 -11- LSB 2241HV (1) 89 md/jh 11/ 29
H.F. 813 7. A charter school application under this section shall 1 not be approved if the founding group has another pending 2 application under this section. 3 8. The state board shall approve a charter school 4 application if the application satisfies the requirements 5 of this chapter. The state board shall approve or deny a 6 charter school application no later than seventy-five calendar 7 days after the application is received. If the state board 8 denies an application, the state board shall provide notice of 9 denial to the applicant in writing within thirty days after 10 board action. The notice shall specify the exact reasons for 11 denial and provide documentation supporting those reasons. 12 An approval decision may include, if appropriate, reasonable 13 conditions that the applicant must meet before a charter 14 school contract may be executed pursuant to section 256E.6. 15 An approved charter application shall not serve as a charter 16 school contract. 17 9. An unsuccessful charter school applicant may 18 subsequently reapply to the state board. 19 10. A decision of the state board relating to an application 20 under this section is not appealable. 21 Sec. 6. NEW SECTION . 256E.6 Charter school contract. 22 1. Within the later of thirty days following approval of 23 a charter school application or upon the satisfaction of all 24 reasonable conditions imposed on the applicant in the charter 25 school approval, if any, an enforceable and renewable charter 26 school contract shall be executed between the founding group 27 and the state board setting forth the academic and operational 28 performance expectations and measures by which the charter 29 school will be evaluated pursuant to sections 256E.9 and 30 256E.10 and the other rights and duties of the parties. 31 2. An initial charter school contract shall be granted for 32 a term of ten school budget years. The charter school contract 33 shall include the beginning and ending dates of the charter 34 school contract term. An approved charter school may delay its 35 -12- LSB 2241HV (1) 89 md/jh 12/ 29
H.F. 813 opening for a period of time not to exceed one school year in 1 order to plan and prepare for the charter school’s opening. If 2 the charter school requires an opening delay of more than one 3 school year, the charter school may request an extension from 4 the state board. 5 3. Each charter school contract shall be signed by the 6 president of the state board and the president or appropriate 7 officer of the governing body of the founding group. 8 4. Within fifteen days of the execution of a charter school 9 contract entered into by the state board, the state board shall 10 notify the department and the department of management of the 11 name of the charter school and any applicable education service 12 provider, the proposed location of the charter school, and the 13 charter school’s first year projected enrollment. 14 5. A charter school approved under this chapter shall not 15 commence operations without a valid charter school contract 16 executed in accordance with this section and approved in an 17 open session of the state board. 18 6. The contract may provide for requirements or conditions 19 to govern and monitor the start-up progress of an approved 20 charter school prior to the opening of the charter school 21 including but not limited to conditions to ensure that the 22 charter school meets all building, health, safety, insurance, 23 and other legal requirements. 24 7. A charter school contract may be amended to govern 25 multiple charter schools operated by the same applicant and 26 approved by the state board. However, each charter school 27 that is part of a charter school contract shall be separate 28 and distinct from any other charter school governed by the 29 contract. 30 Sec. 7. NEW SECTION . 256E.7 General operating powers and 31 duties. 32 1. In order to fulfill the charter school’s public purpose, 33 a charter school established under this chapter shall be 34 organized as a nonprofit education organization and shall 35 -13- LSB 2241HV (1) 89 md/jh 13/ 29
H.F. 813 have all the powers necessary for carrying out the terms of 1 the charter school contract including but not limited to the 2 following, as applicable: 3 a. Receive and expend funds for charter school purposes. 4 b. Secure appropriate insurance and enter into contracts and 5 leases. 6 c. Contract with an education service provider for the 7 management and operation of the charter school so long as the 8 governing board retains oversight authority over the charter 9 school. 10 d. Incur debt in anticipation of the receipt of public or 11 private funds. 12 e. Pledge, assign, or encumber the charter school’s assets 13 to be used as collateral for loans or extensions of credit. 14 f. Solicit and accept gifts or grants for charter school 15 purposes unless otherwise prohibited by law or by the terms of 16 its charter school contract. 17 g. Acquire from public or private sources real property for 18 use as a charter school or a facility directly related to the 19 operations of the charter school. 20 h. Sue and be sued in the charter school’s own name. 21 i. Operate an education program that may be offered by any 22 noncharter public school or school district. 23 2. A charter school established under this chapter is 24 exempt from all state statutes and rules and any local rule, 25 regulation, or policy, applicable to a noncharter school, 26 except that the charter school shall do all of the following: 27 a. Meet all applicable federal, state, and local health and 28 safety requirements and laws prohibiting discrimination on the 29 basis of race, creed, color, sex, sexual orientation, gender 30 identity, national origin, religion, ancestry, or disability. 31 If approved under section 256E.4, the charter school shall be 32 subject to any court-ordered desegregation in effect for the 33 school district at the time the charter school application is 34 approved, unless otherwise specifically provided for in the 35 -14- LSB 2241HV (1) 89 md/jh 14/ 29
H.F. 813 desegregation order. 1 b. Operate as a nonsectarian, nonreligious school. 2 c. Be free of tuition and application fees to Iowa resident 3 students between the ages of five and twenty-one years. 4 d. Be subject to and comply with chapters 216 and 216A 5 relating to civil and human rights. 6 e. Provide special education services in accordance with 7 chapter 256B. 8 f. Be subject to the same financial audits, audit 9 procedures, and audit requirements as a school district. The 10 audit shall be consistent with the requirements of sections 11 11.6, 11.14, 11.19, and 279.29, and section 256.9, subsection 12 20, except to the extent deviations are necessary because 13 of the program at the school. The department, the auditor 14 of state, or the legislative services agency may conduct 15 financial, program, or compliance audits. 16 g. Be subject to and comply with the provisions of chapter 17 285 relating to the transportation of students. 18 h. Be subject to and comply with the requirements of section 19 256.7, subsection 21, and the educational standards of section 20 256.11, unless specifically waived by the state board during 21 the application process. 22 i. Provide instruction for at least the number of days 23 or hours required by section 279.10, subsection 1, unless 24 specifically waived by the state board as part of the 25 application process. 26 j. Comply with the requirements of this chapter. 27 3. A charter school shall employ or contract with teachers 28 as defined in section 272.1, who hold valid licenses with an 29 endorsement for the type of instruction or service for which 30 the teachers are employed or under contract. 31 4. A charter school shall not discriminate in its student 32 admissions policies or practices on the basis of intellectual 33 or athletic ability, measures of achievement or aptitude, or 34 status as a person with a disability. However, a charter 35 -15- LSB 2241HV (1) 89 md/jh 15/ 29
H.F. 813 school may limit admission to students who are within a 1 particular range of ages or grade levels or on any other 2 basis that would be legal if initiated by a school district. 3 Enrollment priority shall be given to the siblings of students 4 enrolled in a charter school. 5 5. A charter school shall enroll an eligible student who 6 submits a timely application unless the number of applications 7 exceeds the capacity of a program, class, grade level, or 8 building. In this case, students must be accepted by lot. 9 Upon enrollment of an eligible student, the charter school 10 shall notify the public school district of residence not later 11 than March 1 of the preceding school year. 12 6. Each charter school governing board shall be required to 13 adopt a conflict of interest policy and a code of ethics for 14 all board members and employees. 15 7. Each charter school governing board shall adopt a policy 16 regarding the hiring of family members to avoid nepotism in 17 hiring and supervision. The policy shall include but is not 18 limited to a disclosure to the governing board of potential 19 nepotism in hiring and supervision. Any person subject to the 20 policy with a conflict shall not be involved in the hiring 21 decision or supervision of a potential employee. 22 8. Individuals compensated by an education service provider 23 are prohibited from serving as a voting member on the governing 24 board of any charter school unless the state board waives such 25 prohibition. 26 9. If the charter school is operated by an education service 27 provider, the governing board of the charter school shall have 28 access to all records of the education service provider that 29 are necessary to evaluate any provision of the contract or 30 evaluate the education service provider’s performance under the 31 contract. 32 Sec. 8. NEW SECTION . 256E.8 Funding. 33 1. Each student enrolled in a charter school established 34 under this chapter shall be counted, for state school 35 -16- LSB 2241HV (1) 89 md/jh 16/ 29
H.F. 813 foundation purposes, in the student’s district of residence 1 pursuant to section 257.6, subsection 1, paragraph “a” , 2 subparagraph (9). For purposes of this section, residence 3 means a residence under section 282.1. 4 2. The school district of residence shall pay to the 5 charter school in which the student is enrolled in the manner 6 required under section 282.18, subsection 7, and pursuant to 7 the timeline in section 282.20, subsection 3, an amount equal 8 to the sum of the state cost per pupil for the previous school 9 year plus the teacher leadership supplement state cost per 10 pupil for the previous fiscal year as provided in section 257.9 11 plus any moneys received for the pupil as a result of the 12 non-English speaking weighting under section 280.4, subsection 13 3, for the previous school year multiplied by the state cost 14 per pupil for the previous year. If a student is an eligible 15 pupil under section 261E.6, the charter school shall pay the 16 tuition reimbursement amount to an eligible postsecondary 17 institution as provided in section 261E.7. 18 3. If necessary, and pursuant to rules adopted by the state 19 board, funding amounts required under this section for the 20 first school year of a new charter school shall be based on 21 enrollment estimates for the charter school included in the 22 charter school contract. Initial amounts paid using estimated 23 enrollments shall be reconciled during the subsequent payment 24 based on actual enrollment of the charter school during the 25 first school year. 26 4. The department shall disburse state transportation 27 funding to a public charter school on the same basis and in the 28 same manner as such funding is paid to school districts. 29 Sec. 9. NEW SECTION . 256E.9 Performance framework. 30 1. The performance provisions within the charter school 31 contract shall be based on a performance framework adopted 32 by the state board that clearly sets forth the academic and 33 operational performance indicators, measures, and metrics that 34 will guide the evaluation of the charter school by the state 35 -17- LSB 2241HV (1) 89 md/jh 17/ 29
H.F. 813 board, without compromising individual student privacy. The 1 performance framework shall include but is not limited to 2 indicators, measures, and metrics for all of the following: 3 a. Student academic proficiency. 4 b. Student academic growth. 5 c. Achievement gaps in both proficiency and growth between 6 specified populations or groups of students, including groups 7 based on gender, race, poverty, special education status, 8 limited English proficiency, and gifted status. 9 d. Attendance. 10 e. Enrollment attrition. 11 f. Postsecondary readiness for students in grades nine 12 through twelve. 13 g. Goals specified in the charter school’s mission. 14 h. Financial performance and sustainability. 15 i. Governing board performance and stewardship, including 16 compliance with all applicable laws, regulations, and terms of 17 the charter contract. 18 2. Annual performance targets shall be agreed upon between 19 each charter school and the state board. Such performance 20 targets shall be contained in the charter school contract and 21 shall be designed to help each charter school meet applicable 22 federal, state, and local standards. The performance targets 23 contained in the charter school contract may be amended by 24 mutual agreement after the charter school is operating and has 25 collected initial achievement data for the charter school’s 26 students. 27 3. The state board is responsible for collecting, 28 analyzing, and reporting all data from state assessments and 29 other state data sources in accordance with the performance 30 framework. However, all efforts shall be made by all 31 parties to the charter school contract to eliminate or reduce 32 duplicative data reporting requirements. 33 4. Multiple charter schools operating under a single 34 charter school contract shall be required to report their 35 -18- LSB 2241HV (1) 89 md/jh 18/ 29
H.F. 813 performance data as separate, individual schools, with each 1 charter school held independently accountable for performance. 2 5. Each charter school established under this chapter 3 shall be evaluated and graded by the department pursuant to 4 the attendance center performance ranking system developed and 5 adopted by the department. 6 Sec. 10. NEW SECTION . 256E.10 Oversight —— corrective 7 action —— contract renewal —— revocation. 8 1. The state board shall monitor the performance and 9 compliance of each charter school the state board approves, 10 including collecting and analyzing data according to the 11 charter school contract in order to meet the requirements 12 of this chapter. Such oversight may include inquiries and 13 investigation of the charter school so long as the activities 14 are consistent with the intent of this chapter, adhere to the 15 terms of the charter school contract, and do not unduly inhibit 16 the autonomy granted to the charter school. Any performance 17 report resulting from an inquiry or investigation under this 18 section shall, upon conclusion of such action, be included in 19 the annual report required under section 256E.12. 20 2. As part of the charter school contract, the charter 21 school may be required to submit an annual report to assist the 22 state board in evaluating the charter school’s performance and 23 compliance with the performance framework. 24 3. If a charter school’s performance under the charter 25 school contract or compliance with applicable laws or rules is 26 unsatisfactory, the state board shall notify the charter school 27 of the perceived problem and provide reasonable opportunity for 28 the school to remedy the problem, unless the problem warrants 29 revocation, in which case the revocation provisions of this 30 section apply. 31 4. The state board may take appropriate corrective actions 32 or impose sanctions, other than revocation, in response to 33 deficiencies in the charter school’s performance or compliance 34 with applicable laws and rules. Such actions or sanctions may 35 -19- LSB 2241HV (1) 89 md/jh 19/ 29
H.F. 813 include requiring the charter school to develop and execute a 1 corrective action plan within a specified time period. 2 5. A charter school contract may be renewed for periods of 3 time not to exceed an additional ten years. 4 6. Annually, by June 30, the state board shall issue a 5 charter school performance report and charter school contract 6 renewal application guidance to each charter school whose 7 charter school contract will expire during the following school 8 budget year. The performance report shall summarize the 9 charter school’s performance record to date based on the data 10 required by the charter school contract and by this chapter 11 and shall identify concerns that may jeopardize renewal of the 12 charter school contract if not remedied. The charter school 13 shall have sixty days to respond to the performance report and 14 submit any corrections or clarifications for the report. 15 7. The renewal application guidance shall, at a minimum, 16 include the criteria that will be used when assessing charter 17 school contract renewal decisions and provide an opportunity 18 for the charter school to: 19 a. Present additional evidence, beyond the data contained in 20 the performance report. 21 b. Describe improvements undertaken or planned for the 22 charter school. 23 c. Describe the charter school’s plans, including any 24 proposed modifications, for the next charter school contract 25 term. 26 8. No later than October 1, the governing board of a charter 27 school seeking renewal shall submit a renewal application to 28 the state board pursuant to the renewal application guidance. 29 A renewal or denial shall be approved by resolution of the 30 state board within sixty days following the filing of the 31 renewal application. 32 9. Unless eligible for expedited renewal under subsection 33 13, when reviewing a charter school contract renewal 34 application, the state board shall do all of the following: 35 -20- LSB 2241HV (1) 89 md/jh 20/ 29
H.F. 813 a. Use evidence of the school’s performance over the term of 1 the charter school contract in accordance with the applicable 2 performance framework. 3 b. Ensure that data used in making renewal decisions is 4 available to the charter school and the public. 5 c. Provide a report summarizing the evidence that served as 6 a basis for the decision. 7 10. A charter school contract may be revoked at any time 8 or not renewed if the state board determines that the charter 9 school did any of the following: 10 a. Committed a material violation of any of the terms, 11 conditions, standards, or procedures required under the charter 12 school contract or this chapter. 13 b. Failed to meet or make sufficient progress toward the 14 performance expectations set forth in the charter school 15 contract. 16 c. Failed to meet generally accepted standards of fiscal 17 management. 18 d. Violated a provision of law from which the charter school 19 was not exempted. 20 11. The state board shall develop charter school contract 21 revocation and nonrenewal standards and procedures that do all 22 of the following: 23 a. Provide the charter school with a timely notice of the 24 possibility of revocation or nonrenewal and of the reasons 25 therefor. 26 b. Allow the charter school a reasonable period of time in 27 which to prepare a response to any notice received. 28 c. Provide the charter school an opportunity to submit 29 documents and give testimony challenging the decision to revoke 30 the charter school contract or the decision to not renew the 31 contract. 32 d. Allow the charter school the opportunity to hire legal 33 representation and to call witnesses. 34 e. Permit the audio or video recording of such proceedings 35 -21- LSB 2241HV (1) 89 md/jh 21/ 29
H.F. 813 described in paragraphs “c” and d” . 1 f. Require a final decision to be conveyed in writing to the 2 charter school. 3 12. A decision to revoke or to not renew a charter school 4 contract shall be by resolution of the state board and shall 5 clearly state the reasons for the revocation or nonrenewal. 6 13. 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.9, 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 for an 14 additional period of time equal to the length of the original 15 charter school contract or the most recent renewal of the 16 contract, whichever is longer, unless the state board provides 17 written notice to the charter school of the state board’s 18 rejection of the expedited renewal within sixty days of the 19 filing of the application. The state board shall not reject 20 an expedited renewal application unless the state board finds 21 exceptional circumstances for the rejection or seeks material 22 changes to the charter school contract. 23 Sec. 11. NEW SECTION . 256E.11 Procedures for charter school 24 closure —— student enrollment. 25 1. Prior to any charter school closure decision, the state 26 board shall develop a charter school closure protocol to ensure 27 timely notice to parents and guardians, provide for the orderly 28 transition of students and student records to new schools, and 29 to provide proper disposition of school funds, property, and 30 assets in accordance with the requirements of this chapter. 31 The protocol shall specify required actions and timelines and 32 identify responsible parties for each such action. 33 2. In the event of a charter school closure, the assets of 34 the charter school shall be used first to satisfy outstanding 35 -22- LSB 2241HV (1) 89 md/jh 22/ 29
H.F. 813 payroll obligations for employees of the school, then to 1 creditors of the school, then to the public school district in 2 which the charter school operated, if applicable, and then to 3 the state general fund. If the assets of the charter school 4 are insufficient to pay all obligations of the charter school, 5 the prioritization of the distribution of assets shall be 6 consistent with this subsection and otherwise determined by the 7 district court. 8 Sec. 12. NEW SECTION . 256E.12 Reports. 9 1. Each charter school shall prepare and file an annual 10 report with the department. The department shall prescribe 11 by rule the required contents of the report, but each such 12 report shall include information regarding student achievement, 13 including annual academic growth and proficiency, graduation 14 rates, and financial performance and sustainability. The 15 reports are public records and the examination, publication, 16 and dissemination of the reports are governed by the provisions 17 of chapter 22. 18 2. The state board shall prepare and file with the general 19 assembly by December 1, annually, a comprehensive report with 20 findings and recommendations relating to the charter school 21 program in the state and whether the charter school program 22 under this chapter is meeting the goals and purposes of the 23 program. The report also shall contain, for each charter 24 school, a copy of the charter school’s mission statement, 25 attendance statistics and dropout rate, aggregate assessment 26 test scores, projections of financial stability, and the number 27 and qualifications of teachers and administrators. 28 Sec. 13. Section 256F.3, Code 2021, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 8A. The state board shall not approve a new 31 charter school under this chapter on or after July 1, 2021. 32 Sec. 14. NEW SECTION . 256F.12 Operation of existing charter 33 schools. 34 Charter schools established under this chapter prior to July 35 -23- LSB 2241HV (1) 89 md/jh 23/ 29
H.F. 813 1, 2021, shall continue to operate under and be subject to 1 the requirements of this chapter and shall not be subject to 2 chapter 256E. 3 Sec. 15. Section 257.6, subsection 1, paragraph a, Code 4 2021, 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. 16. Section 257.31, subsection 5, paragraph d, Code 8 2021, 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. 17. Section 282.9, subsection 1, Code 2021, is amended 12 to read as follows: 13 1. Notwithstanding sections 275.55A, 256E.7, 256F.4 , 14 275.55A, and 282.18 , or any other provision to the contrary, 15 prior to knowingly enrolling an individual who is required 16 to register as a sex offender under chapter 692A , but who is 17 otherwise eligible to enroll in a public school, the board of 18 directors of a school district shall determine the educational 19 placement of the individual. Upon receipt of notice that a 20 student who is enrolled in the district is required to register 21 as a sex offender under chapter 692A , the board shall determine 22 the 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. 18. Section 282.18, subsection 4, paragraph b, Code 32 2021, 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 -24- LSB 2241HV (1) 89 md/jh 24/ 29
H.F. 813 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.10 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, 2021, 24 under the existing charter school program, Code chapter 256F. 25 Charter schools established under Code chapter 256F prior to 26 July 1, 2021, shall continue to operate under and be subject to 27 the requirements of that Code chapter. 28 The bill creates two models by which a charter school may 29 be established: (1) school board-state board model, under 30 which a school board may create a founding group to apply to 31 the state board of education (state board) for approval to 32 establish and operate a charter school within and as a part of 33 the school district by establishing a new attendance center, 34 creating a new school within an existing attendance center, 35 -25- LSB 2241HV (1) 89 md/jh 25/ 29
H.F. 813 or converting an existing attendance center; and (2) founding 1 group-state board model, under which a founding group may 2 apply to the state board for approval to establish and operate 3 a charter school within the boundaries of the state that 4 operates independently from any public school district as a new 5 attendance center. 6 The bill defines “founding group” to mean a person, group 7 of persons, or education service provider that develops and 8 submits an application for a charter school to the state board. 9 The bill defines “governing board” to mean the independent 10 board of a charter school whose members are elected or selected 11 pursuant to the charter school’s application and charter school 12 contract. 13 The bill establishes requirements for charter school 14 application contents and procedure, requires the state board to 15 adopt rules to establish appropriate application timelines and 16 deadlines for the submission of charter school applications, 17 and establishes standards for reviewing charter school 18 applications by the state board, as specified in the bill. 19 Each application review includes evaluation of the written 20 application, an in-person interview with the applicant, and an 21 opportunity in a public forum for local residents of the public 22 school district within which the applicant proposes to locate 23 the charter school to learn about and provide input on each 24 application. 25 The bill establishes provisions governing the approval 26 or denial of a charter school application and the timing of 27 such a decision, including the prohibition on approving an 28 application if the applicant has another pending charter school 29 application. The decision of the state board as to a charter 30 school application is not appealable. 31 After approval of the charter school application, the 32 applicant and the state board must execute a charter school 33 contract setting forth the operational performance expectations 34 and measures by which the charter school will be evaluated. 35 -26- LSB 2241HV (1) 89 md/jh 26/ 29
H.F. 813 An initial charter school contract shall be granted for a 1 term of 10 school budget years. The contract may provide for 2 requirements or conditions to govern and monitor the start-up 3 progress of an approved charter school prior to the opening 4 of the charter school including but not limited to conditions 5 to ensure that the charter school meets all building, health, 6 safety, insurance, and other legal requirements. 7 A charter school established under the bill has all the 8 powers necessary for carrying out the terms of the charter 9 school contract including those powers specified in the bill. 10 A charter school established under the bill is exempt from 11 all state statutes and rules and any local rule, regulation, 12 or policy applicable to a noncharter school, except that 13 the charter school shall do all of the following: (1) meet 14 all applicable federal, state, and local health and safety 15 requirements and laws prohibiting discrimination on the 16 basis of race, creed, color, sex, sexual orientation, gender 17 identity, national origin, religion, ancestry, or disability; 18 (2) operate as a nonsectarian, nonreligious school; (3) be 19 free of tuition and application fees to Iowa resident students 20 between the ages of 5 and 21 years; (4) be subject to and comply 21 with Code chapters 216 and 216A relating to civil and human 22 rights; (5) provide special education services in accordance 23 with Code chapter 256B; (6) be subject to the same financial 24 audits, audit procedures, and audit requirements as a school 25 district; (7) be subject to and comply with the provisions of 26 Code chapter 285 relating to the transportation of students; 27 (8) be subject to and comply with the education program 28 and testing requirements of Code section 256.7(21) and the 29 educational standards of Code section 256.11, unless waived by 30 the state board during the application process; and (9) provide 31 instruction for at least the number of days or hours required 32 by Code section 279.10(1), unless waived by the state board 33 during the application process. 34 The bill requires a charter school to employ or contract 35 -27- LSB 2241HV (1) 89 md/jh 27/ 29
H.F. 813 with teachers who hold a valid license with an endorsement for 1 the type of instruction or service for which the teacher is 2 employed or under contract and establishes requirements for 3 charter schools relating to enrollment and admissions policies. 4 Upon enrollment of an eligible student, the charter school is 5 required to notify the public school district of residence. 6 Each student enrolled in a charter school established 7 under the bill shall be counted, for state school foundation 8 purposes, in the student’s district of residence. The school 9 district of residence is then required to pay to the charter 10 school in which the student is enrolled an amount equal to the 11 sum of the state cost per pupil for the previous school year 12 plus the teacher leadership supplement state cost per pupil 13 for the previous school year plus any moneys received for the 14 pupil as a result of the non-English speaking weighting for the 15 previous school year multiplied by the state cost per pupil 16 for the previous school year. If a student is an eligible 17 pupil under the postsecondary enrollment options program, the 18 charter school shall pay the tuition reimbursement amount to an 19 eligible postsecondary institution. The bill also establishes 20 provisions governing the payments to charter schools in the 21 first year of operation. 22 The bill establishes requirements for the performance 23 provisions within the charter school contract that will guide 24 the evaluation of the charter school by the state board. 25 The state board is required to monitor the performance and 26 compliance of each charter school it approves, including 27 collecting and analyzing data according to the charter school 28 contract in order to meet the requirements of the charter 29 school contract and the bill. As part of the charter school 30 contract, the charter school may be required to submit 31 an annual report to assist the state board in evaluating 32 the charter school’s performance and compliance with the 33 performance framework. 34 The bill also establishes provisions to govern situations 35 -28- LSB 2241HV (1) 89 md/jh 28/ 29
H.F. 813 where a charter school’s performance under the charter school 1 contract or compliance with applicable laws or rules is 2 unsatisfactory, including the authority to take appropriate 3 corrective actions, impose sanctions, or revoke the contract. 4 A charter school contract may be renewed for periods of 5 time not to exceed an additional 10 years. The bill also 6 establishes provisions that govern the renewal process for 7 a charter school contract, including standards under which 8 the state board must operate when reviewing a charter school 9 contract renewal application. 10 The bill requires that, prior to any charter school closure 11 decision, the state board must develop a charter school closure 12 protocol to ensure timely notice to parents, provide for the 13 orderly transition of students and student records to new 14 schools, and to provide proper disposition of school funds, 15 property, and assets. The bill also specifies the priority to 16 be used when satisfying obligations of a charter school after 17 its closure. 18 Under the bill, each charter school is required to prepare 19 and file an annual report with the department of education, 20 the contents of which shall be determined by the department 21 by rule. The state board of education is required to prepare 22 and file with the general assembly by December 1, annually, a 23 comprehensive report including items specified in the bill, 24 along with findings and recommendations relating to the charter 25 school program in the state and whether the charter school 26 program is meeting the goals and purposes of the program. 27 -29- LSB 2241HV (1) 89 md/jh 29/ 29