House File 813 - Reprinted HOUSE FILE 813 BY COMMITTEE ON EDUCATION (SUCCESSOR TO HSB 242) (As Amended and Passed by the House March 25, 2021 ) A BILL FOR An Act modifying and establishing charter school programs and 1 making appropriations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 HF 813 (2) 89 md/jh/md

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- HF 813 (2) 89 md/jh/md 1/ 26

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- HF 813 (2) 89 md/jh/md 2/ 26

H.F. 813 to the charter school contract, subject to the requirements of 1 section 256E.7, subsection 10. 2 7. “School board” means a board of directors regularly 3 elected by the registered voters of an accredited public school 4 district. 5 8. “State board” means the state board of education. 6 Sec. 3. NEW SECTION . 256E.3 Department —— duty to monitor. 7 The department shall monitor the effectiveness of charter 8 schools and shall implement the applicable provisions of this 9 chapter. 10 Sec. 4. NEW SECTION . 256E.4 School board-state board model. 11 1. A school board may create a founding group to apply 12 to the state board for approval to establish and operate a 13 charter school within and as a part of the school district by 14 establishing a new attendance center, creating a new school 15 within an existing attendance center, or by converting an 16 existing attendance center. The application shall demonstrate 17 the founding group’s academic and operational vision and plans 18 for the proposed charter school, demonstrate the founding 19 group’s capacity to execute the vision and plans, and provide 20 the state board a clear basis for assessing the founding 21 group’s plans and capacity. 22 2. The state board shall adopt rules to establish 23 appropriate application timelines and deadlines for the 24 submission of charter school applications under this section. 25 3. The instructions for completing an application shall 26 include or otherwise inform applicants of all of the following: 27 a. The performance framework adopted by the state board 28 for charter school oversight and evaluation requirements in 29 accordance with sections 256E.9 and 256E.10. 30 b. The criteria the state board will use in evaluating 31 applications. 32 c. The requirements concerning the format and content 33 essential for applicants to demonstrate the capacities 34 necessary to establish and operate a successful charter school. 35 -3- HF 813 (2) 89 md/jh/md 3/ 26

H.F. 813 4. An application submitted under this section shall also 1 include all of the following items related to the proposed 2 charter school: 3 a. An executive summary. 4 b. The mission and vision of the proposed charter school, 5 including identification of the targeted student population and 6 the community the charter school intends to serve. 7 c. The location of the proposed charter school or the 8 proposed geographic area within the school district where the 9 school is proposed to be located. 10 d. Identification of the grades to be served each school 11 year during the duration of the charter school contract. 12 e. Minimum, planned, and maximum enrollment per grade for 13 each school year during the duration of the charter school 14 contract. 15 f. Evidence of need and community support for the proposed 16 charter school. 17 g. Background information on the members of the founding 18 group and background information on the governing board, 19 administration, and management personnel of the proposed 20 charter school, if available. 21 h. The charter school’s proposed operations calendar and 22 sample daily schedule. 23 i. A description of the academic program and identification 24 of ways the program aligns with state academic standards. 25 j. A description of the charter school’s instructional 26 model, including the type of learning environment, class size 27 and structure, curriculum overview, and teaching methods. 28 k. The charter school’s plan for using internal and external 29 assessments to measure and report student progress on the 30 performance framework in accordance with section 256E.9. 31 l. Plans for identifying and serving students with 32 disabilities, students who are limited English proficient, 33 students who are academically failing or below grade level, and 34 gifted students, including but not limited to compliance with 35 -4- HF 813 (2) 89 md/jh/md 4/ 26

H.F. 813 applicable laws and regulations. 1 m. A description of cocurricular and extracurricular 2 programs and how the programs will be funded and delivered. 3 n. Plans and timelines for student recruitment, enrollment, 4 and transfers, including enrollment preferences and procedures 5 for conducting transparent admissions selections, including 6 admissions lotteries. 7 o. The proposed code of student conduct, including 8 applicable procedures and disciplinary sanctions for both 9 general students and special education students. 10 p. A chart or description of the charter school’s 11 organizational structure and the duties and powers of each 12 position or group, including the delineation of authority and 13 reporting between the governing board, administration, staff, 14 and any related bodies or external organizations that have a 15 role in managing the charter school. 16 q. A staffing chart for the charter school’s first year 17 and a staffing plan for the duration of the charter school 18 contract. 19 r. Plans for recruiting and developing school 20 administrators, staff, and governing board members and the 21 charter school’s employment policies, including performance 22 evaluation plans. 23 s. Proposed governing bylaws for the charter school. 24 t. Identification and explanation of any partnerships or 25 contractual relationships with the founding group or any of the 26 founding group or school board’s members that are related to 27 the charter school’s operations or mission. 28 u. The charter school’s plans for providing transportation 29 services, food service, and all other operational or ancillary 30 services. 31 v. Proposed opportunities and expectations for parent 32 involvement. 33 w. A detailed school start-up plan and five-year plan, 34 including all relevant assumptions used, identifying timelines 35 -5- HF 813 (2) 89 md/jh/md 5/ 26

H.F. 813 for charter school finances, budget, and insurance coverage, 1 facility construction, preparation, and contingencies, and the 2 identification of persons or positions responsible for each 3 such item. 4 x. Evidence of anticipated fundraising contributions, if 5 any. 6 y. Evidence of the founding group’s success in serving 7 student populations similar to that which is proposed in the 8 application and if the founding group operates other charter 9 schools, evidence of past performance of such other charter 10 schools and evidence of the founding group’s capacity for an 11 additional charter school. 12 z. A description of the proposed charter school’s staff 13 performance evaluation measures and compensation structure, 14 methods of contract oversight and dispute resolution, 15 investment disclosures, and conflicts of interest. 16 aa. A proposed duration and outline of the charter school 17 contract, including designation of roles, authority, and duties 18 of the governing board and the charter school staff. 19 ab. The specific statutes and administrative rules with 20 which the charter school does not intend to comply. The 21 department shall provide technical assistance to the applicant 22 concerning statutes and administrative rules that may be waived 23 under the charter school contract in order to facilitate the 24 goals of the charter school. 25 5. If the founding group proposes to establish a charter 26 school by converting an existing attendance center of the 27 school district, the state board shall not approve the 28 application unless the founding group submits evidence that 29 the attendance center’s teachers and parents or guardians of 30 students enrolled at the existing attendance center voted in 31 favor of the conversion. A vote in favor of conversion under 32 this subsection requires the support of a majority of the 33 teachers employed at the school on the date of the vote and 34 a majority of the parents or guardians voting whose children 35 -6- HF 813 (2) 89 md/jh/md 6/ 26

H.F. 813 are enrolled at the school, provided that a majority of the 1 parents or guardians eligible to vote participate in the ballot 2 process. The state board shall establish procedures by rule 3 for voting under this subsection. A parent or guardian voting 4 in accordance with this subsection must be a resident of this 5 state. 6 6. In reviewing and evaluating charter school applications, 7 the state board shall employ procedures, practices, and 8 criteria consistent with nationally recognized principles and 9 standards for reviewing charter school applications. Each 10 application review shall include thorough evaluation of the 11 written application, an in-person interview with the founding 12 group, and an opportunity in a public forum for local residents 13 to learn about and provide input on each application. 14 7. Following review of a charter school application and 15 completion of the process required under subsection 6, the 16 state board shall do all of the following: 17 a. Approve a charter school application only if the founding 18 group has demonstrated competence in each element of the 19 approval criteria and if the founding group is likely to open 20 and operate a successful charter school. 21 b. Make application decisions on documented evidence 22 collected through the application review process. 23 c. Adhere to the policies and criteria that are transparent, 24 based on merit, and avoid conflicts of interest or any 25 appearance thereof. 26 8. The state board shall approve a charter school 27 application if the application satisfies the requirements of 28 this chapter. The state board shall approve or deny a charter 29 school application no later than seventy-five calendar days 30 after the application is received. If the state board denies 31 an application, the state board shall provide notice of denial 32 to the founding group in writing within thirty days after the 33 state board’s action. The notice shall specify the exact 34 reasons for denial and provide documentation supporting those 35 -7- HF 813 (2) 89 md/jh/md 7/ 26

H.F. 813 reasons. An approval decision may include, if appropriate, 1 reasonable conditions that the founding group must meet before 2 a charter school contract may be executed pursuant to section 3 256E.6. An approved charter application shall not serve as a 4 charter school contract. 5 9. A decision of the state board relating to an application 6 under this section is not appealable. 7 10. An unsuccessful applicant under this section may 8 subsequently reapply to the state board. 9 Sec. 5. NEW SECTION . 256E.5 Founding group-state board 10 model. 11 1. A founding group may apply to the state board for 12 approval to establish and operate a charter school within the 13 boundaries of the state that operates as a new attendance 14 center independently from a public school district. The 15 application shall demonstrate the founding group’s academic 16 and operational vision and plans for the proposed charter 17 school, demonstrate the founding group’s capacity to execute 18 the vision and plans, and provide the state board a clear basis 19 for assessing the founding group’s plans and capacity. 20 2. The state board shall adopt rules to establish 21 appropriate application timelines and deadlines for the 22 submission of charter school applications under this section. 23 3. The instructions for completing an application shall 24 include or otherwise inform applicants of all of the following: 25 a. The performance framework adopted by the state board 26 for charter school oversight and evaluation requirements in 27 accordance with sections 256E.9 and 256E.10. 28 b. The criteria the state board will use in evaluating 29 applications. 30 c. The requirements concerning the format and content 31 essential for applicants to demonstrate the capacities 32 necessary to establish and operate a successful charter school. 33 4. The applications submitted under this section shall also 34 include all of the following items related to the proposed 35 -8- HF 813 (2) 89 md/jh/md 8/ 26

H.F. 813 charter school: 1 a. An executive summary. 2 b. The mission and vision of the proposed charter school, 3 including identification of the targeted student population and 4 the community the school intends to serve. 5 c. The location of the proposed charter school or the 6 proposed geographic area within the state where the school is 7 proposed to be located. 8 d. Identification of the grades to be served each school 9 year during the duration of the charter school contract. 10 e. Minimum, planned, and maximum enrollment per grade for 11 each school year during the duration of the charter school 12 contract. 13 f. Evidence of need and community support for the proposed 14 charter school. 15 g. Background information on the members of the founding 16 group and background information on the governing board, 17 administration, and management personnel of the proposed 18 charter school, if available. 19 h. The charter school’s proposed operations calendar and 20 sample daily schedule. 21 i. A description of the academic program and identification 22 of ways the program aligns with state academic standards. 23 j. A description of the charter school’s instructional 24 model, including the type of learning environment, class size 25 and structure, curriculum overview, and teaching methods. 26 k. The charter school’s plan for using internal and external 27 assessments to measure and report student progress on the 28 performance framework in accordance with section 256E.9. 29 l. Plans for identifying and serving students with 30 disabilities, students who are limited English proficient, 31 students who are academically failing or below grade level, and 32 gifted students, including but not limited to compliance with 33 applicable laws and regulations. 34 m. A description of cocurricular and extracurricular 35 -9- HF 813 (2) 89 md/jh/md 9/ 26

H.F. 813 programs and how the programs will be funded and delivered. 1 n. Plans and timelines for student recruitment, enrollment, 2 and transfers, including enrollment preferences and procedures 3 for conducting transparent admissions selections, including 4 admissions lotteries. 5 o. The proposed code of student conduct, including 6 applicable procedures and disciplinary sanctions for both 7 general students and special education students. 8 p. A chart or description of the charter school’s 9 organizational structure and the duties and powers of each 10 position or group, including the delineation of authority and 11 reporting between the governing board, staff, and any related 12 bodies or external organizations that have a role in managing 13 the charter school. 14 q. A staffing chart for the charter school’s first year 15 and a staffing plan for the duration of the charter school 16 contract. 17 r. Plans for recruiting and developing school 18 administrators, staff, and governing board members and the 19 charter school’s employment policies, including performance 20 evaluation plans. 21 s. Proposed governing bylaws for the charter school. 22 t. Identification and explanation of any partnerships or 23 contractual relationships with an education service provider 24 that are related to the charter school’s operations or mission. 25 u. The charter school’s plans for providing transportation 26 services, food service, and all other operational or ancillary 27 services. 28 v. Proposed opportunities and expectations for parent 29 involvement. 30 w. A detailed school start-up plan and five-year plan, 31 including all relevant assumptions used, identifying timelines 32 for charter school finances, budget, and insurance coverage, 33 facility construction, preparation, and contingencies, and the 34 identification of persons or positions responsible for each 35 -10- HF 813 (2) 89 md/jh/md 10/ 26

H.F. 813 such item. 1 x. Evidence of anticipated fundraising contributions, if 2 any. 3 y. If the application includes a proposal that the governing 4 board contracts with an education service provider, evidence 5 of the education service provider’s success in serving 6 student populations similar to that which is proposed in the 7 application and if the education service provider operates 8 other charter schools, evidence of past performance of such 9 other charter schools and evidence of the education service 10 provider’s capacity for growth. 11 z. If the application includes a proposal that the 12 governing board contracts with an education service provider, 13 a description of the education service provider’s staff 14 performance evaluation measures and compensation structure, 15 methods of contract oversight and dispute resolution, 16 investment disclosures, and conflicts of interest. 17 aa. A proposed duration and outline of the charter school 18 contract, including designation of roles, authority, and duties 19 of the governing board and the charter school staff. 20 ab. The specific statutes and administrative rules with 21 which the charter school does not intend to comply. The 22 department shall provide technical assistance to the applicant 23 concerning statutes and administrative rules that may be waived 24 under the charter school contract in order to facilitate the 25 goals of the charter school. 26 5. In reviewing and evaluating charter school applications, 27 the state board shall employ procedures, practices, and 28 criteria consistent with nationally recognized principles and 29 standards for reviewing charter school applications. Each 30 application review shall include thorough evaluation of the 31 written application, an in-person interview with the applicant, 32 and an opportunity in a public forum for local residents of the 33 public school district within which the applicant proposes to 34 locate the charter school to learn about and provide input on 35 -11- HF 813 (2) 89 md/jh/md 11/ 26

H.F. 813 each application. 1 6. Following review of a charter school application and 2 completion of the process required under subsection 5, the 3 state board shall do all of the following: 4 a. Approve a charter school application only if the 5 applicant has demonstrated competence in each element of the 6 state board’s published approval criteria and the applicant is 7 likely to open and operate a successful charter school. 8 b. Make application decisions on documented evidence 9 collected through the application review process. 10 c. Adhere to the policies and criteria that are transparent, 11 based on merit, and avoid conflicts of interest or any 12 appearance thereof. 13 7. A charter school application under this section shall 14 not be approved if the founding group has another pending 15 application under this section. 16 8. The state board shall approve a charter school 17 application if the application satisfies the requirements 18 of this chapter. The state board shall approve or deny a 19 charter school application no later than seventy-five calendar 20 days after the application is received. If the state board 21 denies an application, the state board shall provide notice of 22 denial to the applicant in writing within thirty days after 23 board action. The notice shall specify the exact reasons for 24 denial and provide documentation supporting those reasons. 25 An approval decision may include, if appropriate, reasonable 26 conditions that the applicant must meet before a charter 27 school contract may be executed pursuant to section 256E.6. 28 An approved charter application shall not serve as a charter 29 school contract. 30 9. An unsuccessful charter school applicant may 31 subsequently reapply to the state board. 32 10. A decision of the state board relating to an application 33 under this section is not appealable. 34 Sec. 6. NEW SECTION . 256E.6 Charter school contract. 35 -12- HF 813 (2) 89 md/jh/md 12/ 26

H.F. 813 1. Within the later of thirty days following approval of 1 a charter school application or upon the satisfaction of all 2 reasonable conditions imposed on the applicant in the charter 3 school approval, if any, an enforceable and renewable charter 4 school contract shall be executed between the founding group 5 and the state board setting forth the academic and operational 6 performance expectations and measures by which the charter 7 school will be evaluated pursuant to sections 256E.9 and 8 256E.10 and the other rights and duties of the parties. 9 2. An initial charter school contract shall be granted for a 10 term of five school budget years. The charter school contract 11 shall include the beginning and ending dates of the charter 12 school contract term. An approved charter school may delay its 13 opening for a period of time not to exceed one school year in 14 order to plan and prepare for the charter school’s opening. If 15 the charter school requires an opening delay of more than one 16 school year, the charter school may request an extension from 17 the state board. 18 3. Each charter school contract shall be signed by the 19 president of the state board and the president or appropriate 20 officer of the governing body of the founding group. 21 4. Within fifteen days of the execution of a charter school 22 contract entered into by the state board, the state board shall 23 notify the department and the department of management of the 24 name of the charter school and any applicable education service 25 provider, the proposed location of the charter school, and the 26 charter school’s first year projected enrollment. 27 5. A charter school approved under this chapter shall not 28 commence operations without a valid charter school contract 29 executed in accordance with this section and approved in an 30 open session of the state board. 31 6. The contract may provide for requirements or conditions 32 to govern and monitor the start-up progress of an approved 33 charter school prior to the opening of the charter school 34 including but not limited to conditions to ensure that the 35 -13- HF 813 (2) 89 md/jh/md 13/ 26

H.F. 813 charter school meets all building, health, safety, insurance, 1 and other legal requirements. 2 7. A charter school contract may be amended to govern 3 multiple charter schools operated by the same applicant and 4 approved by the state board. However, each charter school 5 that is part of a charter school contract shall be separate 6 and distinct from any other charter school governed by the 7 contract. 8 Sec. 7. NEW SECTION . 256E.7 General operating powers and 9 duties. 10 1. In order to fulfill the charter school’s public purpose, 11 a charter school established under this chapter shall be 12 organized as a nonprofit education organization and shall 13 have all the powers necessary for carrying out the terms of 14 the charter school contract including but not limited to the 15 following, as applicable: 16 a. Receive and expend funds for charter school purposes. 17 b. Secure appropriate insurance and enter into contracts and 18 leases. 19 c. Contract with an education service provider for the 20 management and operation of the charter school so long as the 21 governing board retains oversight authority over the charter 22 school. 23 d. Incur debt in anticipation of the receipt of public or 24 private funds. 25 e. Pledge, assign, or encumber the charter school’s assets 26 to be used as collateral for loans or extensions of credit. 27 f. Solicit and accept gifts or grants for charter school 28 purposes unless otherwise prohibited by law or by the terms of 29 its charter school contract. 30 g. Acquire from public or private sources real property for 31 use as a charter school or a facility directly related to the 32 operations of the charter school. 33 h. Sue and be sued in the charter school’s own name. 34 i. Operate an education program that may be offered by any 35 -14- HF 813 (2) 89 md/jh/md 14/ 26

H.F. 813 noncharter public school or school district. 1 2. A charter school established under this chapter is 2 exempt from all state statutes and rules and any local rule, 3 regulation, or policy, applicable to a noncharter school, 4 except that the charter school shall do all of the following: 5 a. Meet all applicable federal, state, and local health and 6 safety requirements and laws prohibiting discrimination on the 7 basis of race, creed, color, sex, sexual orientation, gender 8 identity, national origin, religion, ancestry, or disability. 9 If approved under section 256E.4, the charter school shall be 10 subject to any court-ordered desegregation in effect for the 11 school district at the time the charter school application is 12 approved, unless otherwise specifically provided for in the 13 desegregation order. 14 b. Operate as a nonsectarian, nonreligious school. 15 c. Be free of tuition and application fees to Iowa resident 16 students between the ages of five and twenty-one years. 17 d. Be subject to and comply with chapters 216 and 216A 18 relating to civil and human rights. 19 e. Provide special education services in accordance with 20 chapter 256B. 21 f. Be subject to the same financial audits, audit 22 procedures, and audit requirements as a school district. The 23 audit shall be consistent with the requirements of sections 24 11.6, 11.14, 11.19, and 279.29, and section 256.9, subsection 25 20, except to the extent deviations are necessary because 26 of the program at the school. The department, the auditor 27 of state, or the legislative services agency may conduct 28 financial, program, or compliance audits. 29 g. Be subject to and comply with the requirements of section 30 256.7, subsection 21, and the educational standards of section 31 256.11, unless specifically waived by the state board during 32 the application process. 33 h. Provide instruction for at least the number of days 34 or hours required by section 279.10, subsection 1, unless 35 -15- HF 813 (2) 89 md/jh/md 15/ 26

H.F. 813 specifically waived by the state board as part of the 1 application process. 2 i. Comply with the requirements of this chapter. 3 2A. The governing board’s meetings shall be conducted in a 4 manner that is open to the public and the governing board shall 5 be a governmental body for purposes of chapter 21. 6 3. A charter school shall employ or contract with teachers 7 as defined in section 272.1, who hold valid licenses with an 8 endorsement for the type of instruction or service for which 9 the teachers are employed or under contract. 10 4. A charter school shall not discriminate in its student 11 admissions policies or practices on the basis of intellectual 12 or athletic ability, measures of achievement or aptitude, or 13 status as a person with a disability. However, a charter 14 school may limit admission to students who are within a 15 particular range of ages or grade levels or on any other 16 basis that would be legal if initiated by a school district. 17 Enrollment priority shall be given to the siblings of students 18 enrolled in a charter school. 19 5. A charter school shall enroll an eligible student who 20 submits a timely application unless the number of applications 21 exceeds the capacity of a program, class, grade level, or 22 building. In this case, students must be accepted by lot. 23 Upon enrollment of an eligible student, the charter school 24 shall notify the public school district of residence not later 25 than March 1 of the preceding school year. 26 6. Each charter school governing board shall be required to 27 adopt a conflict of interest policy and a code of ethics for 28 all board members and employees. 29 7. Each charter school governing board shall adopt a policy 30 regarding the hiring of family members to avoid nepotism in 31 hiring and supervision. The policy shall include but is not 32 limited to a disclosure to the governing board of potential 33 nepotism in hiring and supervision. Any person subject to the 34 policy with a conflict shall not be involved in the hiring 35 -16- HF 813 (2) 89 md/jh/md 16/ 26

H.F. 813 decision or supervision of a potential employee. 1 8. Individuals compensated by an education service provider 2 are prohibited from serving as a voting member on the governing 3 board of any charter school unless the state board waives such 4 prohibition. 5 9. If the charter school is operated by an education service 6 provider, the governing board of the charter school shall have 7 access to all records of the education service provider that 8 are necessary to evaluate any provision of the contract or 9 evaluate the education service provider’s performance under the 10 contract. 11 10. A majority of the membership of each charter school’s 12 governing board shall be residents of the geographic area 13 served by the charter school. Each member of the governing 14 board who is not a resident of the geographic area served by 15 the charter school must be a resident of this state. 16 11. The governing board shall post the charter school’s 17 annual budget on the charter school’s internet site for public 18 viewing within ten days of approval of the budget. Each posted 19 budget shall continue to be accessible for public viewing on 20 the internet site for all subsequent budget years. 21 Sec. 8. NEW SECTION . 256E.8 Funding. 22 1. Each student enrolled in a charter school established 23 under this chapter shall be counted, for state school 24 foundation purposes, in the student’s district of residence 25 pursuant to section 257.6, subsection 1, paragraph “a” , 26 subparagraph (9), including any applicable amounts under 27 section 256B.9. For purposes of this section, residence means 28 a residence under section 282.1.. 29 2. a. The school district of residence shall pay to the 30 charter school in which the student is enrolled in the manner 31 required under section 282.18, and pursuant to the timeline 32 in section 282.20, subsection 3, an amount equal to the sum 33 of the state cost per pupil for the previous school year plus 34 the teacher leadership supplement state cost per pupil for the 35 -17- HF 813 (2) 89 md/jh/md 17/ 26

H.F. 813 previous fiscal year as provided in section 257.9 plus any 1 moneys received for the student as a result of the non-English 2 speaking weighting under section 280.4, subsection 3, for the 3 previous school year multiplied by the state cost per pupil 4 for the previous year. If a student is an eligible pupil 5 under section 261E.6, the charter school shall pay the tuition 6 reimbursement amount to an eligible postsecondary institution 7 as provided in section 261E.7. 8 b. For a student requiring special education, the school 9 district of residence shall pay to the charter school the 10 actual costs incurred in providing the appropriate special 11 education. 12 c. For each student enrolled in the charter school who 13 was not included in the actual enrollment of the district of 14 residence under section 257.6, subsection 1, in the previous 15 school year, the amount otherwise required to be paid under 16 paragraph “a” or “b” shall instead be paid by the department to 17 the charter school for the student’s initial year of enrollment 18 in the charter school. 19 d. There is appropriated annually from the general fund of 20 the state to the department of education an amount necessary to 21 pay all applicable amounts to charter schools under paragraph 22 “c” . 23 3. The charter school shall complete and provide to the 24 students’ school districts of residence all documentation 25 necessary to seek Medicaid reimbursement for eligible services. 26 4. If necessary, and pursuant to rules adopted by the state 27 board, funding amounts required under this section for the 28 first school year of a new charter school shall be based on 29 enrollment estimates for the charter school included in the 30 charter school contract. Initial amounts paid using estimated 31 enrollments shall be reconciled during the subsequent payment 32 based on actual enrollment of the charter school during the 33 first school year. 34 Sec. 9. NEW SECTION . 256E.9 Performance framework. 35 -18- HF 813 (2) 89 md/jh/md 18/ 26

H.F. 813 1. The performance provisions within the charter school 1 contract shall be based on a performance framework adopted 2 by the state board that clearly sets forth the academic and 3 operational performance indicators, measures, and metrics that 4 will guide the evaluation of the charter school by the state 5 board, without compromising individual student privacy. The 6 performance framework shall include but is not limited to 7 indicators, measures, and metrics for all of the following: 8 a. Student academic proficiency. 9 b. Student academic growth. 10 c. Achievement gaps in both proficiency and growth between 11 specified populations or groups of students, including groups 12 based on gender, race, poverty, special education status, 13 limited English proficiency, and gifted status. 14 d. Attendance. 15 e. Enrollment attrition. 16 f. Postsecondary readiness for students in grades nine 17 through twelve. 18 g. Goals specified in the charter school’s mission. 19 h. Financial performance and sustainability. 20 i. Governing board performance and stewardship, including 21 compliance with all applicable laws, regulations, and terms of 22 the charter contract. 23 2. Annual performance targets shall be agreed upon between 24 each charter school and the state board. Such performance 25 targets shall be contained in the charter school contract and 26 shall be designed to help each charter school meet applicable 27 federal, state, and local standards. The performance targets 28 contained in the charter school contract may be amended by 29 mutual agreement after the charter school is operating and has 30 collected initial achievement data for the charter school’s 31 students. 32 3. The state board is responsible for collecting, 33 analyzing, and reporting all data from state assessments and 34 other state data sources in accordance with the performance 35 -19- HF 813 (2) 89 md/jh/md 19/ 26

H.F. 813 framework. However, all efforts shall be made by all 1 parties to the charter school contract to eliminate or reduce 2 duplicative data reporting requirements. 3 4. Multiple charter schools operating under a single 4 charter school contract shall be required to report their 5 performance data as separate, individual schools, with each 6 charter school held independently accountable for performance. 7 5. Each charter school established under this chapter 8 shall be evaluated and graded by the department pursuant to 9 the attendance center performance ranking system developed and 10 adopted by the department. 11 Sec. 10. NEW SECTION . 256E.10 Oversight —— corrective 12 action —— contract renewal —— revocation. 13 1. The state board shall monitor the performance and 14 compliance of each charter school the state board approves, 15 including collecting and analyzing data according to the 16 charter school contract in order to meet the requirements 17 of this chapter. Such oversight may include inquiries and 18 investigation of the charter school so long as the activities 19 are consistent with the intent of this chapter, adhere to the 20 terms of the charter school contract, and do not unduly inhibit 21 the autonomy granted to the charter school. Any performance 22 report resulting from an inquiry or investigation under this 23 section shall, upon conclusion of such action, be included in 24 the annual report required under section 256E.12. 25 2. As part of the charter school contract, the charter 26 school may be required to submit an annual report to assist the 27 state board in evaluating the charter school’s performance and 28 compliance with the performance framework. 29 3. If a charter school’s performance under the charter 30 school contract or compliance with applicable laws or rules is 31 unsatisfactory, the state board shall notify the charter school 32 of the perceived problem and provide reasonable opportunity for 33 the school to remedy the problem, unless the problem warrants 34 revocation, in which case the revocation provisions of this 35 -20- HF 813 (2) 89 md/jh/md 20/ 26