House File 2445 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON EDUCATION

                                       (SUCCESSOR TO HF 2109)


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act authorizing community colleges and state universities to
  2    seek approval to establish charter magnet schools and
  3    increasing the number of charter schools that may be approved
  4    and providing an effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5466HV 81
  7 kh/gg/14

PAG LIN



  1  1    Section 1.  Section 256F.1, subsection 2, Code 2005, is
  1  2 amended to read as follows:
  1  3    2.  A charter school may be established by creating a new
  1  4 school within an existing public school or converting an
  1  5 existing public school to charter status under section 256F.3,
  1  6 subsections 2 through 6, or by creating a charter magnet
  1  7 school under section 256F.3, subsection 6A.
  1  8    Sec. 2.  Section 256F.2, subsection 3, Code 2005, is
  1  9 amended to read as follows:
  1 10    3.  "Charter school" means a state public charter school
  1 11 operated as a pilot program.  "Charter school" also means a
  1 12 charter magnet school as described in section 256F.3,
  1 13 subsection 6A.
  1 14    Sec. 3.  Section 256F.2, Code 2005, is amended by adding
  1 15 the following new subsection:
  1 16    NEW SUBSECTION.  4B.  "Public postsecondary institution"
  1 17 means a community college established under chapter 260C or an
  1 18 institution of higher education governed by the state board of
  1 19 regents.
  1 20    Sec. 4.  Section 256F.3, subsection 1, Code 2005, is
  1 21 amended to read as follows:
  1 22    1.  The state board of education shall apply for a federal
  1 23 grant under Pub. L. No. 107=110, cited as the federal No Child
  1 24 Left Behind Act of 2001 (Title V, Part B, Subpart 1), for
  1 25 purposes of providing financial assistance for the planning,
  1 26 program design, and initial implementation of public charter
  1 27 schools.  However, if federal funds are no longer available
  1 28 for purposes of this chapter, the department may continue to
  1 29 approve charter school applications.  The department shall
  1 30 initiate a pilot program to test the effectiveness of charter
  1 31 schools and shall implement the applicable provisions of this
  1 32 chapter.  The state board shall monitor and review charter
  1 33 school progress on the comprehensive school improvement plan
  1 34 and student achievement goals established by a charter school
  1 35 pursuant to section 256F.4 and on the performance goals and
  2  1 objectives described pursuant to section 256F.5.
  2  2    Sec. 5.  Section 256F.3, subsection 6, Code 2005, is
  2  3 amended to read as follows:
  2  4    6.  Upon approval of an application for the proposed
  2  5 establishment of a charter school, the school board shall
  2  6 submit an application for approval to establish the charter
  2  7 school to the state board in accordance with section 256F.5.
  2  8 The
  2  9    6A.  A public postsecondary institution may apply to the
  2 10 state board for approval to establish a junior=senior high or
  2 11 a senior high charter magnet school.  The application
  2 12 submitted by a public postsecondary institution shall meet the
  2 13 requirements of subsection 6B.  In addition to the purposes
  2 14 set forth in section 256F.1, subsection 3, a charter magnet
  2 15 school shall provide students who are enrolled in the charter
  2 16 magnet school with a rigorous educational program with a
  2 17 specialized focus that will prepare students to attain a
  2 18 postsecondary degree.  The specialized focus of the
  2 19 educational program shall include at least one or more of the
  2 20 following subject areas:
  2 21    a.  Science.
  2 22    b.  Mathematics.
  2 23    c.  Engineering.
  2 24    d.  Computer science.
  2 25    e.  Biotechnology.
  2 26    f.  International studies, emphasizing foreign languages,
  2 27 social sciences, and communications.
  2 28    6B.  An application submitted to the state board pursuant
  2 29 to this section shall set forth the manner in which the
  2 30 charter school will provide special instruction, in accordance
  2 31 with section 280.4, to students who are limited English
  2 32 proficient.  The application shall set forth the manner in
  2 33 which the charter school will comply with federal and state
  2 34 laws and regulations relating to the federal National School
  2 35 Lunch Act and the federal Child Nutrition Act of 1966, 42
  3  1 U.S.C. } 1751=1785, and chapter 283A.  The state board shall
  3  2 approve only those applications that meet the requirements
  3  3 specified in section 256F.1, subsection 3, and sections 256F.4
  3  4 and 256F.5.  The state board may deny an application if the
  3  5 state board deems that approval of the application is not in
  3  6 the best interest of the affected students.  The state board
  3  7 shall approve not more than ten charter school applications.
  3  8 The state board shall approve not more than one charter school
  3  9 application per school district.  However, if the state board
  3 10 receives ten or fewer applications as of June 30, 2003, and
  3 11 two or more of the applications received by the state board by
  3 12 that date are submitted by one school district, the state
  3 13 board may approve any or all of the applications submitted by
  3 14 the school district.  The state board shall adopt rules in
  3 15 accordance with chapter 17A for the implementation of this
  3 16 chapter.
  3 17    Sec. 6.  Section 256F.4, subsection 4, Code 2005, is
  3 18 amended to read as follows:
  3 19    4.  A charter school shall enroll an eligible resident
  3 20 student who submits a timely application unless the number of
  3 21 applications exceeds the capacity of a program, class, grade
  3 22 level, or building.  In this case, students must be accepted
  3 23 by lot.  A charter school may enroll an eligible nonresident
  3 24 student who submits a timely application in accordance with
  3 25 the student admission policy established pursuant to section
  3 26 256F.5, subsection 1.
  3 27    a.  If the charter school enrolls an eligible nonresident
  3 28 student, the charter school shall notify the school district
  3 29 and, if applicable, the sending district not later than March
  3 30 1 of the preceding school year.  Transportation for the
  3 31 student shall be in accordance with section 282.18, subsection
  3 32 10, except as provided in paragraph "b".  The sending district
  3 33 shall make payments to the charter school in the manner
  3 34 required under section 282.18, subsection 7.
  3 35    b.  Transportation to and from a charter magnet school for
  4  1 a student attending the charter magnet school shall be
  4  2 provided by the parent or guardian without reimbursement.
  4  3 However, if the student meets the economic eligibility
  4  4 requirements established by the department and state board of
  4  5 education, the charter magnet school is responsible for
  4  6 providing transportation or paying the pro rata cost of the
  4  7 transportation to a parent or guardian for transporting the
  4  8 pupil to and from the charter magnet school.
  4  9    Sec. 7.  Section 256F.4, subsection 7, Code 2005, is
  4 10 amended to read as follows:
  4 11    7.  A charter school shall be considered a part of the
  4 12 school district in which it is located for purposes of state
  4 13 school foundation aid pursuant to chapter 257.  However, a
  4 14 student enrolled in a charter school established pursuant to
  4 15 section 256F.3, subsection 6A, shall be counted, for state
  4 16 school foundation aid purposes, in the pupil's district of
  4 17 residence.  A pupil's residence, for purposes of this section,
  4 18 means a residence under section 282.1.  The board of directors
  4 19 of the district of residence shall pay to the charter magnet
  4 20 school established pursuant to section 256F.3, subsection 6A,
  4 21 the state cost per pupil for the previous school year, plus
  4 22 any moneys received for the pupil as a result of the non=
  4 23 English speaking weighting under section 280.4, subsection 3,
  4 24 for the previous school year multiplied by the state cost per
  4 25 pupil for the previous year.  If the student enrolled in the
  4 26 charter magnet school is also an eligible pupil under chapter
  4 27 261C, the receiving district shall pay the tuition
  4 28 reimbursement amount to an eligible postsecondary institution
  4 29 as provided in section 261C.6.
  4 30    Sec. 8.  Section 256F.4, Code 2005, is amended by adding
  4 31 the following new subsection:
  4 32    NEW SUBSECTION.  9.  A charter magnet school established
  4 33 pursuant to section 256F.3, subsection 6A, shall establish
  4 34 graduation requirements and may award diplomas to students who
  4 35 meet the graduation requirements established.
  5  1    Sec. 9.  Section 256F.5, subsection 4, Code 2005, is
  5  2 amended to read as follows:
  5  3    4.  The method for appointing or forming an advisory
  5  4 council for the charter school.  The membership of an advisory
  5  5 council appointed or formed in accordance with this chapter
  5  6 shall not include more than one member of the school board if
  5  7 the charter school is established pursuant to section 256F.3,
  5  8 subsections 2 through 6.
  5  9    Sec. 10.  Section 256F.6, subsections 1 and 3, Code 2005,
  5 10 are amended to read as follows:
  5 11    1.  An approved charter school application shall constitute
  5 12 an agreement, the terms of which shall, at a minimum, be the
  5 13 terms of a four=year enforceable, renewable contract between
  5 14 the school board or a public postsecondary institution and the
  5 15 state board.  The contract shall include an operating
  5 16 agreement for the operation of the charter school.  The terms
  5 17 of the contract may be revised at any time with the approval
  5 18 of both the state board and the school board or the public
  5 19 postsecondary institution, whether or not the stated
  5 20 provisions of the contract are being fulfilled.  The charter
  5 21 school shall provide parents and guardians of students
  5 22 enrolled in the charter school with a copy of the charter
  5 23 school application approved pursuant to section 256F.5.
  5 24    3.  The state board of education shall provide by rule for
  5 25 the ongoing review of a school board's or public postsecondary
  5 26 institution's compliance with a contract entered into in
  5 27 accordance with this chapter.
  5 28    Sec. 11.  Section 256F.7, subsections 2 and 3, Code 2005,
  5 29 are amended to read as follows:
  5 30    2.  The school board, or the public postsecondary
  5 31 institution if the charter school is established pursuant to
  5 32 section 256F.3, subsection 6A, in consultation with the
  5 33 advisory council, shall decide matters related to the
  5 34 operation of the school, including budgeting, curriculum, and
  5 35 operating procedures.
  6  1    3.  Employees of a charter school shall be considered
  6  2 employees of the school district, or if the charter school is
  6  3 established pursuant to section 256F.3, subsection 6A, the
  6  4 public postsecondary institution.  However, sections 279.12
  6  5 through 279.19 and section 279.27 shall apply to employees of
  6  6 a charter school if the employees are licensed by the board of
  6  7 educational examiners under chapter 272 and the charter school
  6  8 is established pursuant to section 256F.3, subsection 6A.  In
  6  9 applying those sections in chapter 279, references to the
  6 10 board of directors of a school district shall be interpreted
  6 11 to apply to the public postsecondary institution.
  6 12    Sec. 12.  Section 256F.8, subsection 1, unnumbered
  6 13 paragraph 1, Code 2005, is amended to read as follows:
  6 14    A contract for the establishment of a charter school may be
  6 15 revoked by the state board or the school board or public
  6 16 postsecondary institution that established the charter school
  6 17 if the appropriate board determines that one or more of the
  6 18 following occurred:
  6 19    Sec. 13.  Section 256F.8, subsections 2, 3, 4, 6, and 7,
  6 20 Code 2005, are amended to read as follows:
  6 21    2.  The decision by a school board or public postsecondary
  6 22 institution to revoke or to fail to take action to renew a
  6 23 charter school contract is subject to appeal under procedures
  6 24 set forth in chapter 290.
  6 25    3.  A school board or public postsecondary institution
  6 26 considering revocation or nonrenewal of a charter school
  6 27 contract shall notify the advisory council, the parents or
  6 28 guardians of the students enrolled in the charter school, and
  6 29 the teachers and administrators employed by the charter
  6 30 school, sixty days prior to revoking or the date by which the
  6 31 contract must be renewed, but not later than the last day of
  6 32 classes in the school year.
  6 33    4.  If the state board determines that a charter school is
  6 34 in substantial violation of the terms of the contract, the
  6 35 state board shall notify the school board or the public
  7  1 postsecondary institution and the advisory council of its
  7  2 intention to revoke the contract at least sixty days prior to
  7  3 revoking a contract and the school board or the public
  7  4 postsecondary institution shall assume oversight authority,
  7  5 operational authority, or both oversight and operational
  7  6 authority.  The notice shall state the grounds for the
  7  7 proposed action in writing and in reasonable detail.  The
  7  8 school board or the public postsecondary institution may
  7  9 request in writing an informal hearing before the state board
  7 10 within fourteen days of receiving notice of revocation of the
  7 11 contract.  Upon receiving a timely written request for a
  7 12 hearing, the state board shall give reasonable notice to the
  7 13 school board or the public postsecondary institution of the
  7 14 hearing date.  The state board shall conduct an informal
  7 15 hearing before taking final action.  Final action to revoke a
  7 16 contract shall be taken in a manner least disruptive to
  7 17 students enrolled in the charter school.  The state board
  7 18 shall take final action to revoke or approve continuation of a
  7 19 contract by the last day of classes in the school year.  If
  7 20 the final action to revoke a contract under this section
  7 21 occurs prior to the last day of classes in the school year, a
  7 22 charter school student may enroll in the resident district.
  7 23    6.  A school board or public postsecondary institution
  7 24 revoking a contract or a school board or public postsecondary
  7 25 institution or advisory council that fails to renew a contract
  7 26 under this chapter is not liable for that action to the
  7 27 charter school, a student enrolled in the charter school or
  7 28 the student's parent or guardian, or any other person.
  7 29    7.  In the case of a revocation or a nonrenewal of the
  7 30 charter, the school board or public postsecondary institution
  7 31 is exempt from the state board's "Barker guidelines", as
  7 32 provided in 1 D.P.I. App. Dec. 145 (1977).
  7 33    Sec. 14.  Section 256F.10, subsection 1, Code 2005, is
  7 34 amended to read as follows:
  7 35    1.  A charter school shall report at least annually to the
  8  1 school board or the public postsecondary institution, as
  8  2 applicable, advisory council, and the state board the
  8  3 information required by the school board or the public
  8  4 postsecondary institution, as applicable, advisory council, or
  8  5 the state board.  The reports are public records subject to
  8  6 chapter 22.
  8  7    Sec. 15.  EFFECTIVE DATE.  This Act, being deemed of
  8  8 immediate importance, takes effect upon enactment.
  8  9 HF 2445
  8 10 kh:rj/es/25