Amendment H-1244 to HF 813

Modifying and establishing charter school programs and making appropriations

Withdrawn · March 24, 2021Strike everything: replaces the whole bill

Filed March 22, 2021 in the House by

What it changes

By striking everything after the enacting clause and inserting: “Section
NEW SECTION . 256E.1 Establishment of charter schools —— purpose.
Charter schools shall be part of the state’s program of public education and shall have all the powers and duties of a school district except the power of taxation, unless otherwise provided in this chapter.
A charter school is entrusted with public funds for the purpose of improving student outcomes, including but not limited to student academic achievement and skill proficiency, and the governing board of the charter school is responsible for overseeing such improvement.
A charter school may be established by either of the following methods: a. A school board may create a founding group, either on the school board’s own motion or upon the school board’s approval of a proposal to create a founding group submitted to the school board by a group of persons or an education service provider, to apply to the state board for approval to establish and operate a charter school within and as a part of the school district by establishing a new attendance center, creating a new school within an existing attendance center, or by converting an existing attendance center to charter status. b. A founding group may apply to the state board for approval to establish and operate a charter school within the boundaries of the state that operates as a new attendance center independently from a public school district.
In addition to subsection 2, the purpose of a charter school established pursuant to this chapter shall be to accomplish the following: a. Improve student learning, well-being, and postsecondary success, and course credit recovery leading to graduation for students not enrolled in school and lacking a high school diploma. b. Increase learning opportunities for students in areas of need in this state, including but not limited to science, technology, engineering, and math (STEM), and science, technology, engineering, arts, and math (STEAM). c. Increase opportunities for work-based learning, early literacy intervention, and serving at-risk populations. d. Accelerating student learning to prevent learning loss during the COVID-19 pandemic and other significant disruptions to student learning. e. Encourage the use of evidence-based practices in innovative environments. f. Require the measurement and evaluation of program implementation and learning outcomes. g. Establish models of success for Iowa schools. h. Create new professional opportunities for teachers and other educators. i. Investigate and establish different organizational structures for schools to use to implement a multi-tiered system of supports for students. j. Allow greater flexibility to meet the education needs of a diverse student population and changing workforce needs. k. Allow for the flexible allocation of resources through implementation of specialized school budgets for the benefit of the schools served. l. Allow greater flexibility for districts and schools to focus on closing gaps in student opportunity and achievement for all students from preschool through postsecondary preparation.
A nonpublic school or a religiously affiliated school shall not apply as a founding group to become or establish a charter school under this chapter.
The state board of education shall be the only authorizer of charter schools under this chapter. Sec.
NEW SECTION . 256E.2 Definitions. As used in this chapter, unless the context otherwise requires:
“Attendance center” means a school building that contains classrooms used for instructional purposes for elementary, middle, or secondary school students.
“Charter school” means a brick and mortar school established in accordance with this chapter.
“Department” means the department of education.
“Education service provider” means an education management organization or charter school management organization that is a highly successful charter school operator and with whom a charter school contracts for educational program implementation or comprehensive management.
“Founding group” means a group of persons or an education service provider that develops and submits an application for a charter school to the state board under this chapter.
“Governing board” means the independent board of a charter school whose members are either elected by the parents and guardians of students enrolled in the charter school if the charter school is established as provided under section 256E.1, subsection 3, paragraph “b” , or are appointed by the school board if the charter school is established as provided under section 256E.1, subsection 3, paragraph “a” .
“Highly successful charter school operator” means an education management organization or charter school management organization, or the principal officers of such organization, that operates as a nonprofit corporation with one or more existing highly successful charter schools that have been in existence and under the same operation and ownership for a minimum of ten years, each of which have exhibited sustained high levels of student growth and achievement and sustained fiscal growth for a minimum of ten years. “Highly successful charter school operator” does not include an organization that has previously operated charter schools in other areas that were closed for failure to meet targeted student achievement measures, for lack of enrollment, or for a lack of financial viability.
“School board” means a board of directors regularly elected by the registered voters of an accredited public school district.
“State board” means the state board of education. Sec.
NEW SECTION . 256E.3 Department —— duty to monitor. The department shall monitor the effectiveness of charter schools and shall implement the applicable provisions of this chapter. Sec.
NEW SECTION . 256E.4 Application.
The founding group’s application submitted to the state board shall demonstrate the founding group’s academic and operational vision and plans for the proposed charter school, demonstrate the founding group’s capacity to execute the vision and plans, and provide the state board a clear basis for assessing the founding group’s plans and capacity.
The state board shall establish appropriate application timelines and deadlines for the submission of charter school applications.
The instructions for completing an application shall include or otherwise inform applicants of all of the following: a. The performance framework adopted by the state board for charter school oversight and evaluation requirements in accordance with sections 256E.8 and 256E.9. b. The criteria the state board will use in evaluating applications. c. The requirements concerning the format and content essential for applicants to demonstrate the capacities necessary to establish and operate a successful charter school.
An application submitted under this section shall also include all of the following items related to the proposed charter school: a. An executive summary. b. The mission and vision of the proposed charter school, including identification of the targeted student population and the community the charter school intends to serve. c. The location of the proposed charter school or the proposed geographic area where the school is proposed to be located. d. Identification of the grades to be served each school year during the duration of the charter school contract. e. Minimum, planned, and maximum enrollment per grade for each school year during the duration of the charter school contract. f. If the proposed charter school will operate independently from a school district, evidence of need and community support. Evidence of community support shall include at least all of the following: (1) A petition in support of the proposed charter school signed by eligible electors equal in number to the greater of one hundred or thirty percent of the number of voters who cast a vote for the board of directors of the school district at the last preceding election of school officials under section 277.1 for the school district where the charter school is proposed to be located. (2) Evidence of a public hearing held regarding establishing the charter school, including the number of participants and a summary of the comments presented in support and opposition to the charter school proposal. Notice of the public hearing shall be given in the manner required in section 24.9. g. The Iowa school performance profiles for the school districts in the geographic area where the charter school is proposed to be located, if available, including specific achievement information for the type of students to be served by the charter school with the goal to serve all students who enroll. h. Background information on the members of the founding group including the disclosure of any ownership or financial interest in the charter school, including but not limited to the building and real property to be used in the operation of the charter school. i. Background information on the governing board, including the initial appointment of a governing board prior to election of such board members, administration, and management personnel of the proposed charter school, if such board members and personnel are known. If board members are appointed or elected subsequent to approval of the charter school application and administration or management personnel are selected and contracted with after approval of the charter school application, background information on such members and personnel shall be provided to the state board prior to entering in a charter school contract. j. The charter school’s proposed operations calendar and sample daily schedule. k. A description of the academic program and identification of ways the program aligns with state academic standards. l. A description of the charter school’s attendance policy, including whether a student can be expelled for violation of the charter school’s attendance policy. m. A description of the charter school’s instructional model, including the type of learning environment, class size and structure, curriculum overview, and teaching methods. n. The charter school’s plan for using internal and external assessments to measure and report student progress on the performance framework in accordance with section 256E.8. o. Plans for identifying and serving students with disabilities, students who are limited English proficient, students of low socioeconomic status, at-risk students, minority students, students who are academically failing or below grade level, and gifted students, including but not limited to compliance with applicable laws and regulations. p. The specific statutes and administrative rules with which the charter school does not intend to comply. The department shall provide technical assistance to the applicant concerning statutes and administrative rules that may be waived under the charter school contract in order to facilitate the goals of the charter school. q. A description of cocurricular and extracurricular programs and how the programs will be funded and delivered. r. Plans and timelines for student recruitment, enrollment, and transfers, including enrollment preferences and procedures for conducting transparent admissions selections, including admissions lotteries. s. The proposed code of student conduct, including applicable procedures and disciplinary sanctions for both general students and special education students. t. A chart or description of the charter school’s organizational structure and the duties and powers of each position or group, including the delineation of authority and reporting between the governing board, administration, staff, and any related bodies or external organizations that have a role in managing the charter school. u. A staffing chart for the charter school’s first year and a staffing plan for the duration of the charter school contract. v. Plans for recruiting and developing school administrators, staff, and governing board members and the charter school’s employment policies, including performance evaluation plans. w. Proposed governing bylaws for the charter school, including the method of appointment of temporary members prior to the election of a governing board, if applicable. x. Identification and explanation of any partnerships or contractual relationships with the founding group or any of the founding group, the governing board, or school board’s members that are related to the charter school’s operations or mission. y. The charter school’s plans for providing transportation services, food service, and all other operational or ancillary services, including the manner in which the charter school will comply with federal and state laws and regulations relating to the federal National School Lunch Act and the federal Child Nutrition Act of 1966, 42 U.S.C. §1751-1785, and chapter 283A. z. Proposed opportunities and expectations for parent involvement. aa. A detailed school start-up plan and five-year plan, including all relevant assumptions used, identifying timelines for charter school finances, budget, and insurance coverage, facility construction, preparation, and contingencies, and the identification of persons or positions responsible for each such item. The financial and budget information contained in the start-up plan shall include a detailed description of the charter school’s funding for the first year of operation and the percentage of the charter school’s funding in each year that will be dedicated to direct classroom expenditures. ab. Evidence of anticipated fundraising contributions, if any. ac. Evidence of the founding group’s success in serving student populations similar to that which is proposed in the application and if the founding group operates other charter schools, evidence of past performance of such other charter schools and evidence of the founding group’s capacity for an additional charter school. ad. A description of the charter school governing board’s performance evaluation measures, methods of contract oversight and dispute resolution, and investment disclosure and conflicts of interest policies. ae. A proposed duration and outline of the charter school contract, including designation of roles, authority, and duties of the governing board and the charter school staff. af. If the application includes a proposal that the governing board contracts with an education service provider, evidence of the education service provider’s success in serving student populations similar to that which is proposed in the application and if the education service provider operates other charter schools, evidence of past performance of such other charter schools and evidence of the education service provider’s capacity for growth. Information required under this paragraph shall also include other charter schools proposed by the education service provider or operated by the education service provider that did not open or that have closed. ag. If the application includes a proposal that the governing board contracts with an education service provider, a description of the education service provider’s performance evaluation measures, compensation structure, methods of contract oversight and dispute resolution, and investment disclosure and conflicts of interest policies.
If the founding group proposes to establish a charter school by converting an existing attendance center of the school district, the state board shall not approve the application unless the founding group submits evidence that the attendance center’s principal, teachers, and parents or guardians of students enrolled at the existing attendance center voted in favor of the conversion. A vote in favor of conversion under this subsection requires the support of the principal and at least fifty percent of the teachers employed at the school on the date of the vote and at least fifty percent of the parents or guardians voting whose children are enrolled at the attendance center, provided that a majority of the parents or guardians eligible to vote participate in the ballot process. A parent or guardian voting in accordance with this subsection must be a resident of this state.
If the founding group proposes to establish a charter school that operates independently from a school district, the founding group shall provide notice and a copy of the application to the school board of each school district the territory of which are in whole or in part within the charter school’s proposed attendance area to be served at least thirty days prior to submitting an application to the state board. The purpose of the notice is to inform the applicable school districts that the founding group is seeking approval for a charter school. The notice shall also include an offer for the founding group to attend a school board meeting of each applicable school district if so requested. Evidence of the notice and any information derived from any school board meeting attended by the founding group shall be included as part of the application.
Prior to making a decision on an application for a charter school that operates independently from a school district, the state board shall do all of the following: a. Hold a public hearing in the geographic area in which the charter school is proposed to be located. Notice of the public hearing shall be given in the manner required in section 24.9. b. Provide a copy of the state board’s recommendation following the public hearing under paragraph “a” , along with a notice of a state board hearing date to the school district in which the proposed charter school will be physically located. The notice shall specify the process for submitting written comments and for testifying at the state board hearing. c. At the hearing under paragraph “b” , and prior to final decision of the state board, consider the community input received related to the student, taxpayer, and community interests of the affected school districts relative to the needs of the students potentially served by the charter school.
Following completion of the process required under this section, the state board shall do all of the following: a. Evaluate the charter school application using the principles and standards for quality charter school authorizing developed by the national association of charter school authorizers, including a thorough evaluation of the written application and an in-person interview with the founding group. b. Approve a charter school application only if the founding group has complied with the requirements of this chapter, has demonstrated competence in each element of the approval criteria, is likely to open and operate a successful charter school, and, if the charter school will operate as provided under section 256E.1, subsection 3, paragraph “b” , the applicant is a highly successful charter school operator or intends to contract with an educational service provider who is a highly successful charter school operator. c. Make application decisions on documented evidence collected through the application review process, including but not limited to testimony presented by the public and an analysis of the fiscal impact on each school district in the charter school’s proposed attendance area to be served, and the impact on the school district in which the charter school will be located. d. Adhere to the policies and criteria that are transparent, based on merit, and avoid conflicts of interest or any appearance thereof.
a. The state board shall approve or deny a charter school application no later than seventy-five calendar days after the application is received. If the state board denies an application, the state board shall provide notice of denial to the founding group in writing within thirty days after the state board’s action. The notice shall specify the exact reasons for denial and provide documentation supporting those reasons. An approval decision may include, if appropriate, reasonable conditions that the founding group must meet before a charter school contract may be executed pursuant to section 256E.5. An approved charter application shall not serve as a charter school contract. b. The state board shall not approve a charter school application if the founding group intends to contract with an education service provider that does not meet the definition of a highly successful charter school. c. The state board shall not approve a charter school application if approval would result in more than five charter schools that are not geographically dispersed. d. The state board shall not approve a charter school application if approval would result in more than one charter school in a major metropolitan area as defined by the United States census bureau. e. The state board shall not approve a charter school application if the founding group is applying for more than one charter school, if the founding group has multiple applications before the state board, or if the founding group is proposing to contract with an education service provider that is included in a different founding group’s application before the board. f. The state board shall not approve a charter school application if the charter school’s proposed attendance area to be served includes an area already served by a charter school.
A decision of the state board relating to an application under this section is not appealable.
An unsuccessful applicant under this section may subsequently reapply to the state board. Sec.
NEW SECTION . 256E.5 Charter school contract.
Within the later of thirty days following approval of a charter school application or upon the satisfaction of all reasonable conditions imposed on the applicant in the charter school approval, if any, an enforceable and renewable charter school contract shall be executed between the founding group and the state board setting forth the academic and operational performance expectations and measures by which the charter school will be evaluated pursuant to sections 256E.8 and 256E.9 and the other rights and duties of the parties.
An initial charter school contract shall be granted for a term of five school budget years. The charter school contract shall include the beginning and ending dates of the charter school contract term. An approved charter school may delay its opening for a period of time not to exceed one school year in order to plan and prepare for the charter school’s opening. If the charter school requires an opening delay of more than one school year, the charter school may request an extension from the state board.
Each charter school contract shall be signed by the president of the state board and either the president or appropriate officer of the governing body of the founding group or the school board president if the charter school is operated within and as part of a school district.
Within fifteen days of the execution of a charter school contract entered into by the state board, the state board shall notify the department and the department of management of the name of the charter school and any applicable education service provider, the proposed location of the charter school, and the charter school’s first year projected enrollment.
A charter school approved under this chapter shall not commence operations without a valid charter school contract executed in accordance with this section and approved in an open session of the state board.
The contract may provide for requirements or conditions to govern and monitor the start-up progress of an approved charter school prior to the opening of the charter school including but not limited to conditions to ensure that the charter school meets all building, health, safety, insurance, and other legal requirements. Sec.
NEW SECTION . 256E.6 General operating powers and duties.
In order to fulfill the charter school’s public purpose, a charter school established under this chapter shall be operated in the same manner as a public school attendance center and, unless otherwise provided in this chapter, shall have all the powers necessary for carrying out the terms of the charter school contract including but not limited to the following, as applicable: a. Receive and expend funds for charter school purposes. b. Secure appropriate insurance and enter into contracts and leases. However, a charter school operated within and as part of a school district shall not pledge, assign, or encumber the school district’s assets to be used as collateral for loans or extensions of credit without authority conferred by resolution of the school board. c. Contract with an education service provider for the management and operation of the charter school so long as the governing board retains oversight authority over the charter school. d. Incur debt in anticipation of the receipt of public or private funds. e. Pledge, assign, or encumber the charter school’s assets to be used as collateral for loans or extensions of credit. f. Solicit and accept gifts or grants for charter school purposes unless otherwise prohibited by law or by the terms of its charter school contract. g. Acquire from public or private sources real property for use as a charter school or a facility directly related to the operations of the charter school. h. Sue and be sued in the charter school’s own name. i. Operate an education program that may be offered by any noncharter public school or school district.
A charter school established under this chapter is exempt from all state statutes and rules applicable to a school district, except that the charter school and the governing board shall do all of the following: a. Meet all applicable federal, state, and local health and safety requirements and laws prohibiting discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or disability. If approved under section 256E.1, subsection 3, paragraph “a” , the charter school shall be subject to any court-ordered desegregation in effect for the school district at the time the charter school application is approved, unless otherwise specifically provided for in the desegregation order. b. Operate as a nonsectarian, nonreligious school and religious instruction in the charter school is prohibited. c. Be free of tuition and application fees to Iowa resident students between the ages of five and twenty-one years. d. Be subject to and comply with chapters 216 and 216A relating to civil and human rights. e. Provide special education services in accordance with chapter 256B. f. Be subject to the same financial audits, audit procedures, and audit requirements as a school district. The audit shall be consistent with the requirements of sections 11.6, 11.14, 11.19, and 279.29, and section 256.9, subsection 20, except to the extent deviations are necessary because of the program at the school. The department, the auditor of state, or the legislative services agency may conduct financial, program, or compliance audits. g. Be subject to and comply with the provisions of chapter 285 relating to the transportation of students. h. Be subject to and comply with the requirements of section 256.7, subsection 21, and the educational standards of section 256.11, unless specifically waived by the state board during the application process. i. Provide instruction for at least the number of days or hours required by section 279.10, subsection 1, unless specifically waived by the state board as part of the application process. j. Be subject to and comply with the provisions of chapters 21 and
k. Be subject to and comply with the provisions of chapter
l. Comply with the requirements of this chapter.
A charter school shall employ or contract with teachers and administrators as defined in section 272.1, who hold valid licenses with an endorsement for the type of instruction or service for which the teacher or administrator is employed or under contract. All instruction must be provided under the direction of appropriately licensed or certified staff or staff with appropriate endorsements.
A charter school shall not discriminate in its student admissions policies or practices on the basis of intellectual or athletic ability, measures of achievement or aptitude, or status as a person with a disability. However, a charter school may limit admission to students who are within a particular range of ages or grade levels or on any other basis that would be legal if initiated by a school district. A charter school shall not use an entrance or placement exam to deny enrollment to an eligible student. Enrollment priority shall be given to the siblings of students enrolled in a charter school.
A charter school shall enroll an eligible student who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, students must be accepted by lot. Upon enrollment of an eligible student, the charter school shall notify the public school district of residence not later than March 1 of the school year preceding the school year of enrollment.
Each charter school governing board shall be required to adopt a conflict of interest policy and a code of ethics for all board members and employees.
Each charter school governing board shall adopt a policy regarding the hiring of family members to avoid nepotism in hiring and supervision. The policy shall include but is not limited to a disclosure to the governing board of potential nepotism in hiring and supervision. Any person subject to the policy with a conflict shall not be involved in the hiring decision or supervision of a potential employee.
Individuals compensated by an education service provider are prohibited from serving as a voting member on the governing board of any charter school.
If the charter school is operated by an education service provider, the governing board of the charter school shall have access to all records of the education service provider that are necessary to evaluate any provision of the contract or evaluate the education service provider’s performance under the contract.
If the charter school operates independently from a public school district as provided under section 256E.1, subsection 3, paragraph “b” , members of the founding group and persons compensated by the founding group are prohibited from serving as a voting member of the governing board. Sec.
NEW SECTION . 256E.7 Funding.
Each student enrolled in a charter school established under this chapter shall be counted, for state school foundation purposes, in the student’s district of residence pursuant to section 257.6, subsection 1, paragraph “a” , subparagraph (9), including any applicable amounts under section 256B.9. For purposes of this section, residence means a residence under section 282.1.
The school district of residence shall pay to the charter school in which the student is enrolled in the manner required under section 282.18, and pursuant to the timeline in section 282.20, subsection 3, an amount equal to the sum of the state cost per pupil for the previous school year plus the teacher leadership supplement state cost per pupil for the previous fiscal year as provided in section 257.9 plus any moneys received for the pupil as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year. If a student is an eligible pupil under section 261E.6, the charter school shall pay the tuition reimbursement amount to an eligible postsecondary institution as provided in section 261E.7. If the student is no longer eligible for non-English speaking weighting under section 280.4, subsection 3, as a result of proficiency, the amount required to be paid to the charter school as the result of non-English speaking weighting shall be zero. For a student requiring special education, the school district of residence shall pay to the charter school the actual costs incurred in providing the appropriate special education.
If necessary, and pursuant to rules adopted by the state board, funding amounts required under this section for the first school year of a new charter school shall be based on enrollment estimates for the charter school included in the charter school contract and shall be paid by the department of education from the appropriation under subsection
Initial amounts paid using estimated enrollments shall be reconciled during the subsequent payment based on actual enrollment of the charter school during the first school year.
There is appropriated annually from the general fund of the state to the department of education an amount necessary to pay all applicable amounts to charter schools for the first school year of each new charter school under subsection 3 and the amount otherwise required to be paid under subsection 2 for a student enrolled in the charter school who was not included in the actual enrollment of the district of residence under section 257.6, subsection 1, in the previous school year.
If a student leaves the charter school and enrolls in a public school district, the charter school shall pay to the district in which the student enrolls a prorated amount of funding associated with the remainder of the school year. If the amount paid to the charter school for the student’s enrollment was paid under subsection 4 and the student leaves the charter school but does not enroll in a public school district, the charter school shall repay to the department of education a prorated amount of the funding of the student associated with the remainder of the school year. Sec.
NEW SECTION . 256E.8 Performance framework.
The performance provisions within the charter school contract shall be based on a performance framework adopted by the state board that clearly sets forth the academic and operational performance indicators, measures, and metrics that will guide the evaluation of the charter school by the state board, without compromising individual student privacy. The performance framework shall include but is not limited to indicators, measures, and metrics for all of the following: a. Student academic proficiency. b. Student academic growth. c. Achievement gaps in both proficiency and growth between specified populations or groups of students, including groups based on gender, race, poverty, special education status, limited English proficiency, and gifted status. d. Attendance. e. Enrollment attrition. f. Postsecondary readiness for students in grades nine through twelve. g. Goals specified in the charter school’s mission. h. Financial performance and sustainability. i. Governing board performance and stewardship, including compliance with all applicable laws, regulations, and terms of the charter contract.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book