House
File
585
-
Reprinted
HOUSE
FILE
585
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
HF
124)
(As
Amended
and
Passed
by
the
House
March
16,
2011
)
A
BILL
FOR
An
Act
relating
to
charter
school
and
innovation
zone
school
1
approval
and
revocation
or
nonrenewal
requirements
under
the
2
state’s
system
of
public
education.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
HF
585
(5)
84
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H.F.
585
Section
1.
Section
256F.1,
subsection
2,
Code
2011,
is
1
amended
to
read
as
follows:
2
2.
A
charter
school
may
be
established
by
creating
a
new
3
school
within
an
existing
public
school
,
or
converting
an
4
existing
public
school
to
charter
status
,
or
creating
a
new
5
building
for
a
charter
school
.
6
Sec.
2.
Section
256F.1,
subsection
3,
Code
2011,
is
amended
7
to
read
as
follows:
8
3.
The
purpose
of
a
charter
school
or
an
innovation
zone
9
school
established
pursuant
to
this
chapter
shall
be
to
10
accomplish
the
following:
allow
a
school
board
the
flexibility
11
to
meet
the
needs
of
all
students
by
authorizing
the
school
12
board
to
select
for
its
educational
program
options
from
13
different
educational
programs.
14
a.
Improve
student
learning.
15
b.
Increase
learning
opportunities
for
students.
16
c.
Encourage
the
use
of
different
and
innovative
methods
of
17
teaching.
18
d.
Require
the
measurement
of
learning
outcomes
and
create
19
different
and
innovative
forms
of
measuring
outcomes.
20
e.
Establish
new
forms
of
accountability
for
schools.
21
f.
Create
new
professional
opportunities
for
teachers
and
22
other
educators,
including
the
opportunity
to
be
responsible
23
for
the
learning
program
at
the
school
site.
24
g.
Create
different
organizational
structures
for
continuous
25
learner
progress.
26
h.
Allow
greater
flexibility
to
meet
the
education
needs
of
27
a
diverse
and
constantly
changing
student
population.
28
i.
Allow
for
the
allocation
of
resources
in
innovative
ways
29
through
implementation
of
specialized
school
budgets
for
the
30
benefit
of
the
schools
served.
31
Sec.
3.
Section
256F.2,
subsection
6,
Code
2011,
is
amended
32
to
read
as
follows:
33
6.
“Innovation
zone
consortium”
means
a
consortium
of
two
34
or
more
school
districts
and
an
area
education
agency
in
which
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one
or
more
of
the
school
districts
is
located,
that
receives
1
approval
to
establish
an
innovation
zone
school
pursuant
to
2
this
chapter
.
A
consortium
may
also
include
an
accredited
3
nonpublic
school,
a
community
college,
the
state
board
of
4
regents
or
an
institution
of
higher
education
governed
by
5
the
board,
an
accredited
private
institution
as
defined
in
6
section
261.9,
or
a
private
nonprofit
corporation
organized
7
under
chapter
504.
In
addition,
the
innovation
zone
consortium
8
may
receive
technical
assistance
from
an
accredited
higher
9
education
institution.
10
Sec.
4.
Section
256F.3,
subsection
2,
paragraph
a,
Code
11
2011,
is
amended
to
read
as
follows:
12
a.
To
receive
approval
to
establish
a
charter
school
in
13
accordance
with
this
chapter
,
the
principal,
teachers,
or
14
parents
or
guardians
of
students
at
an
existing
public
school
,
15
or
the
administrators
of
an
accredited
nonpublic
school,
the
16
board
of
directors
of
a
community
college,
the
state
board
17
of
regents
or
an
institution
of
higher
education
governed
by
18
the
board,
an
accredited
private
institution
as
defined
in
19
section
261.9,
or
a
private
nonprofit
corporation
organized
20
under
chapter
504
shall
submit
an
application
to
the
school
21
board
to
convert
an
existing
attendance
center
to
,
or
create
22
a
new
building
for,
a
charter
school.
An
existing
attendance
23
center
shall
not
enter
into
a
charter
school
contract
with
24
a
school
district
under
this
chapter
unless
the
attendance
25
center
is
located
within
the
school
district.
The
application
26
shall
demonstrate
the
support
of
at
least
fifty
percent
of
the
27
teachers
employed
at
the
school
existing
attendance
center
28
on
the
date
of
the
submission
of
the
application
and
fifty
29
percent
of
the
parents
or
guardians
voting
whose
children
are
30
enrolled
at
the
school
existing
attendance
center
,
provided
31
that
a
majority
of
the
parents
or
guardians
eligible
to
vote
32
participate
in
the
ballot
process,
according
to
procedures
33
established
by
rules
of
the
state
board.
34
Sec.
5.
Section
256F.3,
subsections
4
through
8,
Code
2011,
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are
amended
to
read
as
follows:
1
4.
A
school
board
shall
by
a
majority
vote
approve
or
2
deny
an
application
relating
to
a
charter
school
no
later
3
than
sixty
calendar
days
after
the
application
is
received.
4
An
application
approved
by
a
school
board
and
subsequently
5
approved
by
the
state
board
pursuant
to
subsection
6
shall
6
constitute,
at
a
minimum,
an
agreement
between
the
school
board
7
and
the
charter
school
for
the
operation
of
the
charter
school.
8
A
school
board
that
denies
an
application
for
a
conversion
9
to
a
charter
school
shall
provide
notice
of
denial
to
the
10
applicant
in
writing
within
thirty
days
after
board
action.
11
The
notice
shall
specify
the
exact
reasons
for
denial
and
12
provide
documentation
supporting
those
reasons.
13
5.
An
applicant
may
appeal
school
board
denial
of
the
14
applicant’s
charter
school
application
to
the
state
board
15
in
accordance
with
the
procedures
set
forth
in
chapter
290
.
16
The
state
board
shall
affirm,
modify,
or
reverse
the
school
17
board’s
decision
on
the
basis
of
the
information
provided
in
18
the
application
indicating
the
ability
and
willingness
of
the
19
proposed
charter
school
to
meet
the
requirements
of
section
20
256F.1,
subsection
3
,
and
section
256F.4
.
21
6.
Upon
approval
of
an
application
for
the
proposed
22
establishment
of
a
charter
school,
the
school
board
shall
23
submit
an
application
for
approval
to
establish
the
charter
24
school
to
notify
the
state
board
in
accordance
with
section
25
256F.5
of
its
intention
to
establish
a
charter
school.
A
26
notice
under
this
subsection
shall
include
a
description
of
the
27
proposed
school
as
contained
in
the
application
.
28
7.
An
application
submitted
to
the
state
board
pursuant
to
29
subsection
2
,
paragraph
“b”
,
or
subsection
6
shall
set
forth
the
30
manner
in
which
the
charter
school
or
innovation
zone
school
31
will
provide
special
instruction,
in
accordance
with
section
32
280.4
,
to
students
who
are
limited
English
proficient.
The
33
application
shall
set
forth
the
manner
in
which
the
charter
34
school
or
innovation
zone
school
will
comply
with
federal
and
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state
laws
and
regulations
relating
to
the
federal
National
1
School
Lunch
Act
and
the
federal
Child
Nutrition
Act
of
1966
,
2
42
U.S.C.
§
1751–1785
,
and
chapter
283A
.
The
state
board
shall
3
approve
only
those
innovation
zone
school
applications
that
4
meet
the
requirements
specified
in
section
256F.1,
subsection
5
3
,
and
sections
256F.4
and
256F.5
.
The
state
board
may
deny
6
an
application
if
the
state
board
deems
that
approval
of
7
the
application
is
not
in
the
best
interest
of
the
affected
8
students.
9
8.
The
state
board
shall
approve
not
more
than
ten
10
innovation
zone
consortium
applications.
11
Sec.
6.
Section
256F.4,
subsection
2,
paragraph
h,
Code
12
2011,
is
amended
by
striking
the
paragraph.
13
Sec.
7.
Section
256F.4,
subsection
3,
Code
2011,
is
amended
14
to
read
as
follows:
15
3.
A
charter
school
or
innovation
zone
school
shall
not
16
discriminate
in
its
student
admissions
policies
or
practices
17
on
the
basis
of
intellectual
or
athletic
ability,
measures
18
of
achievement
or
aptitude,
or
status
as
a
person
with
a
19
disability.
However,
a
charter
school
or
innovation
zone
20
school
may
limit
admission
to
students
who
are
within
a
21
particular
range
of
ages
or
grade
levels
or
on
any
other
22
basis
that
would
be
legal
if
initiated
by
a
school
district.
23
Enrollment
priority
shall
be
given
to
the
siblings
of
students
24
enrolled
in
a
charter
school
or
innovation
zone
school.
A
25
charter
school
may
establish
academic
preparation
prerequisites
26
designed
to
protect
and
promote
the
quality
and
integrity
27
of
the
charter
school
educational
program
if
the
academic
28
preparation
prerequisites
do
not
impose
an
unlawful
barrier
to
29
the
admission
of
any
student.
30
Sec.
8.
Section
256F.5,
unnumbered
paragraph
1,
Code
2011,
31
is
amended
to
read
as
follows:
32
An
application
to
the
state
school
board
for
the
approval
33
of
a
charter
school
or
to
the
state
board
for
approval
of
an
34
innovation
zone
school
shall
include
but
shall
not
be
limited
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to
a
description
of
the
following:
1
Sec.
9.
Section
256F.5,
subsections
2
and
12,
Code
2011,
are
2
amended
to
read
as
follows:
3
2.
The
mission,
purpose,
innovation,
and
specialized
focus
4
of
the
charter
school
or
innovation
zone
school.
5
12.
A
statement
indicating
how
the
charter
school
or
6
innovation
zone
school
will
meet
the
requirements
of
section
7
256F.1,
as
applicable;
section
256F.4,
subsection
2
,
paragraph
8
“a”
;
and
section
256F.4,
subsection
3
.
9
Sec.
10.
Section
256F.5,
Code
2011,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
12A.
The
manner
in
which
special
12
instruction,
in
accordance
with
section
280.4,
will
be
provided
13
to
students
who
are
limited
English
proficient,
and
the
manner
14
in
which
the
charter
school
or
innovation
zone
school
will
15
comply
with
federal
and
state
laws
and
regulations
relating
to
16
the
federal
National
School
Lunch
Act
and
the
federal
Child
17
Nutrition
Act
of
1966,
42
U.S.C.
§
1751–1785,
and
chapter
283A.
18
Sec.
11.
Section
256F.6,
subsection
1,
paragraphs
a
and
b,
19
Code
2011,
are
amended
to
read
as
follows:
20
a.
An
approved
charter
school
or
innovation
zone
school
21
application
shall
constitute
an
agreement,
the
terms
of
which
22
shall,
at
a
minimum,
be
the
terms
of
a
four-year
enforceable,
23
renewable
contract
between
a
school
board
,
or
and
the
charter
24
school,
or
between
the
boards
participating
in
an
innovation
25
zone
consortium,
and
the
state
board.
The
contract
shall
26
include
an
operating
agreement
for
the
operation
of
the
charter
27
school
or
innovation
zone
school.
The
terms
of
the
contract
28
may
be
revised
at
any
time
with
the
approval
of
the
school
29
board,
or
of
both
the
state
board
and
the
school
board
or
30
the
boards
participating
in
the
innovation
zone
consortium,
31
whether
or
not
the
stated
provisions
of
the
contract
are
being
32
fulfilled.
33
b.
A
charter
school
contract
may
be
renewed
by
agreement
34
of
the
school
board
or
.
An
innovation
zone
school
contract
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may
be
renewed
by
agreement
of
the
boards
participating
in
an
1
innovation
zone
consortium
,
as
applicable,
and
the
state
board.
2
Sec.
12.
Section
256F.8,
subsection
1,
unnumbered
paragraph
3
1,
Code
2011,
is
amended
to
read
as
follows:
4
A
contract
for
the
establishment
of
a
charter
school
or
5
innovation
zone
school
may
be
revoked
by
the
state
board,
6
the
school
board
that
established
the
charter
school,
by
the
7
advisory
council,
or
by
the
state
board
and
the
innovation
zone
8
consortium
that
established
the
innovation
zone
school
,
if
the
9
appropriate
board
,
advisory
council,
or
consortium
determines
10
that
one
or
more
of
the
following
occurred:
11
Sec.
13.
Section
256F.8,
subsections
2
through
5,
Code
2011,
12
are
amended
to
read
as
follows:
13
2.
The
decision
by
a
school
board
,
advisory
council,
or
an
14
innovation
zone
consortium
to
revoke
or
to
fail
to
take
action
15
to
renew
a
charter
school
or
innovation
zone
school
contract
is
16
subject
to
appeal
under
procedures
set
forth
in
chapter
290
.
17
3.
A
school
board
,
advisory
council,
or
a
board
18
participating
in
an
innovation
zone
consortium
that
is
19
considering
revocation
or
nonrenewal
of
a
charter
school
or
20
innovation
zone
school
contract
shall
notify
the
advisory
21
council,
if
applicable,
the
parents
or
guardians
of
the
22
students
enrolled
in
the
charter
school
or
innovation
zone
23
school,
and
the
teachers
and
administrators
employed
by
the
24
charter
school
or
innovation
zone
school,
sixty
days
prior
to
25
revoking
or
the
date
by
which
the
contract
must
be
renewed,
26
but
not
later
than
the
last
day
of
classes
in
the
school
year.
27
If
a
school
board
or
advisory
council
revokes
or
fails
to
28
renew
a
contract,
the
school
board
shall
assume
oversight
and
29
operational
authority.
30
4.
a.
If
the
state
board
determines
that
a
charter
school
31
or
an
innovation
zone
school
is
in
substantial
violation
of
32
the
terms
of
the
contract,
the
state
board
shall
notify
the
33
school
board
or
innovation
zone
consortium
and
the
advisory
34
council
of
its
intention
to
revoke
the
contract
at
least
sixty
35
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585
days
prior
to
revoking
a
contract
and
the
school
board
or
the
1
school
boards
participating
in
the
innovation
zone
consortium
2
shall
assume
oversight
authority,
operational
authority,
or
3
both
oversight
and
operational
authority.
The
notice
shall
4
state
the
grounds
for
the
proposed
action
in
writing
and
5
in
reasonable
detail.
The
school
board
or
innovation
zone
6
consortium
may
request
in
writing
an
informal
hearing
before
7
the
state
board
within
fourteen
days
of
receiving
notice
of
8
revocation
of
the
contract.
Upon
receiving
a
timely
written
9
request
for
a
hearing,
the
state
board
shall
give
reasonable
10
notice
to
the
school
board
or
innovation
zone
consortium
of
11
the
hearing
date.
The
state
board
shall
conduct
an
informal
12
hearing
before
taking
final
action.
Final
action
to
revoke
13
a
contract
shall
be
taken
in
a
manner
least
disruptive
to
14
students
enrolled
in
the
charter
school
or
innovation
zone
15
school.
The
state
board
shall
take
final
action
to
revoke
or
16
approve
continuation
of
a
contract
by
the
last
day
of
classes
17
in
the
school
year.
If
the
final
action
to
revoke
a
contract
18
under
this
section
occurs
prior
to
the
last
day
of
classes
in
19
the
school
year,
a
charter
school
or
innovation
zone
school
20
student
may
enroll
in
the
resident
district.
21
5.
b.
The
decision
of
the
state
board
to
revoke
a
contract
22
under
this
section
is
solely
within
the
discretion
of
the
state
23
board
and
is
final.
24
5.
If
the
final
action
to
revoke
a
contract
under
this
25
section
occurs
prior
to
the
last
day
of
classes
in
the
school
26
year,
a
charter
school
or
innovation
zone
school
student
may
27
enroll
in
the
resident
district.
28
-7-
HF
585
(5)
84
kh/rj/mb
7/
7