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 kh/rj/mb
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 35 -1- HF 585 (5) 84 kh/rj/mb 1/ 7
H.F. 585 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, 35 -2- HF 585 (5) 84 kh/rj/mb 2/ 7
H.F. 585 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 35 -3- HF 585 (5) 84 kh/rj/mb 3/ 7
H.F. 585 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 35 -4- HF 585 (5) 84 kh/rj/mb 4/ 7
H.F. 585 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 35 -5- HF 585 (5) 84 kh/rj/mb 5/ 7
H.F. 585 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 -6- HF 585 (5) 84 kh/rj/mb 6/ 7
H.F. 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