Bill Text: IA SF159 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to educational offerings and funding by establishing a student first scholarship program for certain pupils attending nonpublic schools, establishing a student first scholarship fund, providing an income tax exemption, modifying and establishing charter school programs, modifying provisions governing the state's open enrollment law including voluntary diversity plans, modifying the tuition and textbook tax credit, providing for the educator expense deduction, modifying provisions related to education data collection and permissible education programs and funding, making appropriations, providing penalties, and including effective date, applicability, and retroactive applicability provisions. (Formerly SSB 1065.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-02-11 - Fiscal note. [SF159 Detail]
Download: Iowa-2021-SF159-Amended.html
Senate
File
159
-
Reprinted
SENATE
FILE
159
BY
COMMITTEE
ON
EDUCATION
(SUCCESSOR
TO
SSB
1065)
(As
Amended
and
Passed
by
the
Senate
January
29,
2021
)
A
BILL
FOR
An
Act
relating
to
educational
offerings
and
funding
by
1
establishing
a
student
first
scholarship
program
for
certain
2
pupils
attending
nonpublic
schools,
establishing
a
student
3
first
scholarship
fund,
providing
an
income
tax
exemption,
4
modifying
and
establishing
charter
school
programs,
5
modifying
provisions
governing
the
state’s
open
enrollment
6
law
including
voluntary
diversity
plans,
modifying
the
7
tuition
and
textbook
tax
credit,
providing
for
the
educator
8
expense
deduction,
modifying
provisions
related
to
education
9
data
collection
and
permissible
education
programs
and
10
funding,
making
appropriations,
providing
penalties,
and
11
including
effective
date,
applicability,
and
retroactive
12
applicability
provisions.
13
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
14
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DIVISION
I
1
STUDENT
FIRST
SCHOLARSHIP
PROGRAM
2
Section
1.
Section
256.9,
Code
2021,
is
amended
by
adding
3
the
following
new
subsection:
4
NEW
SUBSECTION
.
63.
Adopt
rules
relating
to
the
5
administration
of
and
applications
for
the
student
first
6
scholarship
program
pursuant
to
section
257.11B,
including
but
7
not
limited
to
application
processing
timelines
and
information
8
required
to
be
submitted
by
a
parent
or
guardian.
9
Sec.
2.
NEW
SECTION
.
257.11B
Student
first
scholarship
10
program.
11
1.
a.
For
the
school
budget
year
beginning
July
1,
2022,
12
and
each
succeeding
school
budget
year,
the
following
resident
13
pupils
who
are
attending
a
nonpublic
school,
as
defined
in
14
section
285.16,
shall
be
eligible
to
receive
a
student
first
15
scholarship
in
the
manner
provided
in
this
section:
16
(1)
A
pupil
eligible
to
enroll
in
kindergarten
who,
if
17
enrolled
in
the
pupil’s
district
of
residence,
would
attend
18
a
public
school
identified
for
comprehensive
support
and
19
improvement
under
the
federal
Every
Student
Succeeds
Act,
Pub.
20
L.
No.
114-95,
or
an
equivalent
objective
federal
standard.
21
(2)
A
pupil
eligible
to
enroll
in
grade
one
through
grade
22
twelve
if
the
pupil
has
attended
a
public
school
identified
for
23
comprehensive
support
and
improvement
under
the
federal
Every
24
Student
Succeeds
Act,
Pub.
L.
No.
114-95,
or
an
equivalent
25
objective
federal
standard,
for
the
equivalent
of
the
two
26
immediately
preceding
semesters
for
which
the
student
first
27
scholarship
is
requested
and
if
the
pupil
is
not
otherwise
28
ineligible
under
this
section.
29
(3)
A
pupil
who
received
a
student
first
scholarship
for
30
the
immediately
preceding
school
budget
year,
who
is
eligible
31
to
enroll
in
grade
one
through
grade
twelve,
and
who
is
not
32
otherwise
ineligible
under
this
section.
33
b.
Student
first
scholarships
shall
be
made
available
to
34
parents
and
guardians
in
the
manner
authorized
under
subsection
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4,
paragraph
“c”
,
for
the
payment
of
qualified
educational
1
expenses
as
provided
in
this
section.
2
c.
For
purposes
of
this
subsection,
“resident”
means
the
3
same
as
defined
in
section
282.1,
subsection
2.
4
2.
a.
(1)
By
January
1
preceding
the
school
year
for
5
which
the
student
first
scholarship
is
requested,
the
parent
or
6
guardian
of
the
pupil
requesting
a
student
first
scholarship
7
shall
submit
an
application
to
the
department
of
education,
on
8
application
forms
developed
by
the
department
of
education,
9
indicating
that
the
parent
or
guardian
intends
to
enroll
the
10
pupil
in
a
nonpublic
school
for
the
entirety
of
the
school
11
year.
12
(2)
In
addition
to
such
information
deemed
appropriate
by
13
the
department
of
education,
the
application
shall
require
14
certification
from
the
nonpublic
school
of
the
pupil’s
15
enrollment
for
the
following
school
year.
16
b.
By
February
1
preceding
the
school
year
for
which
the
17
student
first
scholarship
is
requested,
the
department
of
18
education
shall
determine
the
number
of
pupils
in
each
school
19
district
approved
to
receive
a
scholarship
for
the
following
20
school
year
and
shall
notify
the
parent
or
guardian
of
each
21
pupil
approved
for
the
following
school
year
to
receive
a
22
scholarship
and
the
amount
of
the
scholarship
for
the
pupil.
23
c.
Student
first
scholarships
shall
only
be
approved
for
24
one
school
year
and
applications
must
be
submitted
annually
for
25
student
first
scholarships
in
subsequent
school
years.
26
3.
The
department
of
education
shall
assign
each
pupil
a
27
student
first
scholarship
in
an
amount
equal
to
the
sum
of
all
28
the
following
for
the
same
school
budget
year:
29
a.
The
product
of
the
pupil’s
weighted
enrollment
that
30
would
otherwise
be
assigned
to
the
pupil
under
this
chapter
if
31
the
pupil
was
enrolled
in
the
pupil’s
district
of
residence
32
multiplied
by
the
difference
between
eighty-seven
and
33
five-tenths
percent
of
the
regular
program
state
cost
per
pupil
34
and
the
statewide
average
foundation
property
tax
per
pupil.
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b.
The
total
teacher
salary
supplement
district
cost
per
1
pupil
for
the
pupil’s
district
of
residence.
2
c.
The
total
professional
development
supplement
district
3
cost
per
pupil
for
the
pupil’s
district
of
residence.
4
d.
The
total
early
intervention
supplement
district
cost
per
5
pupil
for
the
pupil’s
district
of
residence.
6
e.
The
total
area
education
agency
teacher
salary
supplement
7
district
cost
per
pupil
for
the
pupil’s
district
of
residence.
8
f.
The
total
area
education
agency
professional
development
9
supplement
district
cost
per
pupil
for
the
pupil’s
district
of
10
residence.
11
g.
The
total
teacher
leadership
supplement
district
cost
per
12
pupil
for
the
pupil’s
district
of
residence.
13
4.
A
student
first
scholarship
fund
is
created
in
the
14
state
treasury
under
the
control
of
the
department
of
15
education
consisting
of
moneys
appropriated
to
the
department
16
of
education
for
the
purpose
of
providing
student
first
17
scholarships
under
this
section.
For
the
fiscal
year
18
commencing
July
1,
2022,
and
each
succeeding
fiscal
year,
there
19
is
appropriated
from
the
general
fund
of
the
state
to
the
20
department
of
education
to
be
credited
to
the
fund
the
amount
21
necessary
to
pay
all
student
first
scholarships
approved
for
22
that
fiscal
year.
The
director
of
the
department
of
education
23
has
all
powers
necessary
to
carry
out
and
effectuate
the
24
purposes,
objectives,
and
provisions
of
this
section
pertaining
25
to
the
fund,
including
the
power
to
do
all
of
the
following:
26
a.
Make
and
enter
into
contracts
necessary
for
the
27
administration
of
the
fund.
28
b.
Procure
insurance
against
any
loss
in
connection
with
the
29
assets
of
the
fund
or
require
a
surety
bond.
30
c.
Contract
with
a
private
financial
management
firm
to
31
manage
the
fund,
in
collaboration
with
the
treasurer
of
state,
32
including
providing
for
the
disbursement
of
student
first
33
scholarships
in
the
form
of
an
electronic
debit
card
or
checks
34
that
are
payable
directly
from
the
pupil’s
account
within
the
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fund.
1
d.
Conduct
audits
or
other
reviews
necessary
to
properly
2
administer
the
program.
3
e.
Adopt
rules
for
the
administration
of
the
fund
and
4
accounts
within
the
fund.
5
5.
a.
For
each
pupil
approved
for
a
student
first
6
scholarship,
the
department
of
education
shall
establish
an
7
account
for
that
pupil
in
the
student
first
scholarship
fund.
8
The
amount
of
the
pupil’s
student
first
scholarship
shall
be
9
deposited
into
the
pupil’s
account
on
July
1,
and
such
amount
10
shall
be
immediately
available
for
the
payment
of
qualified
11
educational
expenses
incurred
by
the
parent
or
guardian
for
12
the
pupil
during
that
fiscal
year
using
the
payment
method
13
authorized
under
subsection
4,
paragraph
“c”
.
14
b.
A
nonpublic
school
that
accepts
payment
from
a
parent
15
or
guardian
using
funds
from
a
pupil’s
account
in
the
student
16
first
scholarship
fund
shall
not
refund,
rebate,
or
share
any
17
portion
of
such
payment
with
the
parent,
guardian,
or
pupil.
18
c.
Moneys
remaining
in
a
pupil’s
account
upon
conclusion
19
of
the
fiscal
year
shall
remain
in
the
pupil’s
account
in
the
20
student
first
scholarship
fund
for
the
payment
of
qualified
21
educational
expenses
in
future
fiscal
years
during
which
the
22
pupil
participates
in
the
program
until
the
pupil
becomes
23
ineligible
under
the
program
or
until
the
remaining
amounts
are
24
transferred
to
the
state
general
fund
under
subsection
8.
25
6.
a.
For
purposes
of
this
section,
“qualified
educational
26
expenses”
includes
tuition
and
fees
at
a
nonpublic
school,
27
textbooks,
fees
or
payments
for
educational
therapies,
28
including
tutoring
or
cognitive
skills
training,
curriculum
29
fees,
software,
and
materials
for
a
course
of
study
for
a
30
specific
subject
matter
or
grade
level,
tuition
or
fees
for
31
nonpublic
online
education
programs,
tuition
for
vocational
and
32
life
skills
education
approved
by
the
department
of
education,
33
education
materials
and
services
for
pupils
with
disabilities,
34
including
the
cost
of
paraprofessionals
and
assistants
who
are
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trained
in
accordance
with
state
law,
standardized
test
fees,
1
advanced
placement
examinations
or
examinations
related
to
2
postsecondary
education
admission
or
credentialing,
qualified
3
education
expenses,
as
defined
in
section
12D.1,
excluding
4
room
and
board
expenses,
and
other
expenses
incurred
by
the
5
parent
or
guardian
that
are
directly
related
to
the
education
6
of
the
pupil
at
a
nonpublic
school,
including
a
nonpublic
7
school
accredited
by
an
independent
accrediting
agency
approved
8
by
the
department
of
education.
The
cost
of
one
computer
or
9
other
portable
computing
device
shall
be
allowed
as
a
qualified
10
educational
expense
for
a
pupil
if
the
computer
or
portable
11
computing
device
is
used
primarily
for
the
education
of
the
12
pupil
and
if
such
a
purchase
has
not
been
made
using
funds
from
13
that
pupil’s
account
in
any
of
the
three
immediately
preceding
14
fiscal
years.
15
b.
“Qualified
educational
expenses”
does
not
include
16
transportation
costs
for
the
pupil,
the
cost
of
food
or
17
refreshments
consumed
by
the
pupil,
the
cost
of
clothing
for
18
the
pupil,
or
the
cost
of
disposable
materials,
including
19
but
not
limited
to
paper,
notebooks,
pencils,
pens,
and
art
20
supplies.
21
7.
a.
A
person
who
makes
a
false
claim
for
the
purpose
22
of
obtaining
a
student
first
scholarship
provided
for
in
this
23
section
or
who
knowingly
receives
the
scholarship
or
makes
a
24
payment
from
an
account
within
the
student
first
scholarship
25
fund
without
being
legally
entitled
to
do
so
is
guilty
of
a
26
fraudulent
practice
under
chapter
714.
The
false
claim
for
a
27
student
first
scholarship
or
a
payment
from
an
account
shall
28
be
disallowed.
The
department
of
education
shall
also
close
29
the
pupil’s
account
in
the
student
first
scholarship
fund
and
30
transfer
any
remaining
moneys
in
the
account
for
deposit
in
the
31
general
fund
of
the
state.
If
the
improperly
obtained
amounts
32
from
the
scholarship
have
been
disbursed
from
the
applicable
33
account
in
the
student
first
scholarship
fund,
the
department
34
of
education
shall
recover
such
amounts
from
the
parent
or
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guardian,
including
by
initiating
legal
proceedings
to
recover
1
such
amounts,
if
necessary.
A
parent
or
guardian
who
commits
2
a
fraudulent
practice
under
this
section
is
prohibited
from
3
participating
in
the
student
first
scholarship
program
in
the
4
future.
5
b.
If,
prior
to
the
end
of
the
required
attendance
6
period
of
the
school
year,
a
pupil
who
receives
a
student
7
first
scholarship
withdraws
from
enrollment
in
the
nonpublic
8
school
or
is
expelled,
the
nonpublic
school
shall
notify
the
9
department
of
education
in
writing
of
the
pupil’s
withdrawal
10
or
expulsion,
and
the
pupil’s
parent
or
guardian
shall
notify
11
the
department
of
education
of
the
pupil’s
withdrawal
or
12
expulsion
from
the
nonpublic
school.
A
pupil’s
expulsion
13
from
the
nonpublic
school
prior
to
the
end
of
the
required
14
attendance
period
for
the
school
year
shall
invalidate
the
15
pupil’s
eligibility
for
the
student
first
scholarship
for
the
16
school
budget
year.
A
pupil’s
withdrawal
from
a
nonpublic
17
school
prior
to
the
end
of
the
required
attendance
period
of
18
the
school
year
shall
invalidate
the
pupil’s
eligibility
for
19
the
student
first
scholarship
for
the
school
budget
year
unless
20
the
withdrawal
is
the
result
of
a
change
in
residence
of
the
21
pupil
and
the
pupil,
following
written
notice
by
the
parent
22
or
guardian
and
certification
by
the
new
nonpublic
school
to
23
the
department
of
education,
enrolls
in
a
different
nonpublic
24
school
in
this
state
for
the
remainder
of
the
school
year.
25
c.
(1)
Upon
receipt
of
a
notice
of
expulsion
under
26
paragraph
“b”
,
the
department
of
education
shall
close
the
27
pupil’s
account
in
the
student
first
scholarship
fund
and
28
transfer
any
remaining
moneys
in
the
account
for
deposit
in
29
the
general
fund
of
the
state.
In
addition,
if
amounts
from
30
the
scholarship
for
the
school
budget
year
during
which
the
31
pupil
is
expelled
have
been
disbursed
from
the
expelled
pupil’s
32
account
in
the
student
first
scholarship
fund,
the
department
33
of
education
shall
recover
such
amounts
from
the
parent
or
34
guardian,
including
by
initiating
legal
proceedings
to
recover
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such
amounts,
if
necessary.
1
(2)
Upon
receipt
of
a
notice
of
withdrawal
under
paragraph
2
“b”
and
a
determination
that
the
pupil’s
withdrawal
was
3
not
the
result
of
a
change
in
residence,
the
department
of
4
education
shall
cease
disbursements
of
remaining
moneys
in
5
the
pupil’s
account
in
the
student
first
scholarship
fund,
6
close
the
pupil’s
account,
and
transfer
any
moneys
remaining
7
in
the
pupil’s
account
for
deposit
in
the
general
fund
of
8
the
state.
In
addition,
if
amounts
from
the
scholarship
for
9
the
school
budget
year
during
which
the
withdrawal
occurs
10
have
been
disbursed
from
the
pupil’s
account
in
the
student
11
first
scholarship
fund,
the
department
of
education
shall
12
recover
such
amounts
from
the
parent
or
guardian
to
the
extent
13
the
amount
disbursed
exceeds
the
amount
of
the
scholarship
14
proportionate
to
the
remaining
portion
of
the
school
year
15
following
the
withdrawal,
including
by
initiating
legal
16
proceedings
to
recover
such
amounts,
if
necessary.
17
(3)
Upon
receipt
of
a
notice
of
withdrawal
under
paragraph
18
“b”
and
a
determination
that
the
withdrawal
was
the
result
of
19
a
change
in
residence
but
that
the
pupil
did
not
enroll
in
20
a
different
nonpublic
school
in
this
state
for
the
remainder
21
of
the
school
year,
the
department
of
education
shall
cease
22
disbursements
of
remaining
moneys
in
the
pupil’s
account
in
23
the
student
first
scholarship
fund,
close
the
pupil’s
account,
24
and
transfer
any
moneys
remaining
in
the
pupil’s
account
for
25
deposit
in
the
general
fund
of
the
state.
26
(4)
If
a
pupil’s
eligibility
is
invalidated
under
the
27
provisions
of
paragraph
“b”
,
the
pupil
shall
be
ineligible
for
a
28
student
first
scholarship
for
the
following
school
budget
year
29
under
subsection
1,
paragraph
“a”
,
subparagraphs
(2)
and
(3).
30
8.
Moneys
remaining
in
a
pupil’s
account
when
the
pupil
31
graduates
from
high
school
or
turns
twenty-one
years
of
age,
32
whichever
occurs
first,
shall
be
transferred
by
the
department
33
of
education
for
deposit
in
the
general
fund
of
the
state.
34
9.
a.
A
parent
may
appeal
to
the
state
board
of
education
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any
administrative
decision
the
department
of
education
1
makes
pursuant
to
this
section,
including
but
not
limited
2
to
determinations
of
eligibility,
allowable
expenses,
and
3
removal
from
the
program.
The
department
shall
notify
the
4
parent
or
guardian
in
writing
of
the
appeal
process
at
the
same
5
time
the
department
notifies
the
parent
or
guardian
of
the
6
administrative
decision.
The
state
board
of
education
shall
7
establish
the
appeals
process
consistent
with
chapter
17A
and
8
shall
post
such
appeal
process
information
on
the
state
board
9
of
education’s
internet
site.
10
b.
The
state
board
of
education
shall
refer
cases
of
11
substantial
misuse
of
student
first
scholarship
funds
to
the
12
attorney
general
for
the
purpose
of
collection
or
for
the
13
purpose
of
a
criminal
investigation
if
the
state
board
of
14
education
obtains
evidence
of
fraudulent
use
of
an
account.
15
10.
This
section
shall
not
be
construed
to
authorize
the
16
state
or
any
political
subdivision
of
the
state
to
exercise
17
authority
over
any
nonpublic
school
or
construed
to
require
18
a
nonpublic
school
to
modify
its
academic
standards
for
19
admission
or
educational
program
in
order
to
receive
payment
20
from
a
parent
or
guardian
using
funds
from
a
pupil’s
account
21
in
the
student
first
scholarship
fund.
A
nonpublic
school
22
that
accepts
payment
from
a
parent
or
guardian
using
funds
23
from
a
pupil’s
account
in
the
student
first
scholarship
fund
24
is
not
an
agent
of
this
state
or
of
a
political
subdivision
25
of
this
state.
Rules
adopted
by
the
department
of
education
26
to
implement
this
section
that
impose
an
undue
burden
on
a
27
nonpublic
school
are
invalid.
28
Sec.
3.
Section
422.7,
Code
2021,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
51.
Subtract,
to
the
extent
included,
the
31
amount
of
a
student
first
scholarship
under
section
257.11B
32
received
by
the
taxpayer
for
payment
of
qualified
educational
33
expenses.
34
Sec.
4.
APPLICABILITY.
The
following
applies
to
school
35
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budget
years
and
fiscal
years
beginning
on
or
after
July
1,
1
2022:
2
The
section
of
this
division
of
this
Act
enacting
section
3
257.11B.
4
Sec.
5.
APPLICABILITY.
The
following
applies
to
tax
years
5
beginning
on
or
after
January
1,
2022:
6
The
section
of
this
division
of
this
Act
enacting
section
7
422.7,
subsection
51.
8
DIVISION
II
9
CHARTER
SCHOOL
PROGRAMS
10
Sec.
6.
NEW
SECTION
.
256E.1
Establishment
of
charter
11
schools
——
purpose.
12
1.
Charter
schools
shall
be
part
of
the
state’s
program
of
13
public
education.
14
2.
A
charter
school
may
be
established
by
either
of
the
15
following
methods:
16
a.
A
school
board
may
create
a
founding
group
to
apply
17
to
the
state
board
for
approval
to
establish
and
operate
a
18
charter
school
within
and
as
a
part
of
the
school
district
by
19
establishing
a
new
attendance
center,
creating
a
new
school
20
within
an
existing
attendance
center,
or
by
converting
an
21
existing
attendance
center
to
charter
status.
22
b.
A
founding
group
may
apply
to
the
state
board
for
23
approval
to
establish
and
operate
a
charter
school
within
the
24
boundaries
of
the
state
that
operates
as
a
new
attendance
25
center
independently
from
a
public
school
district.
26
3.
The
purpose
of
a
charter
school
established
pursuant
to
27
this
chapter
shall
be
to
accomplish
the
following:
28
a.
Improve
student
learning,
well-being,
and
postsecondary
29
success.
30
b.
Increase
learning
opportunities
for
students
in
areas
31
of
need
in
this
state,
including
but
not
limited
to
science,
32
technology,
engineering,
and
math
(STEM),
and
science,
33
technology,
engineering,
arts,
and
math
(STEAM).
34
c.
Increase
opportunities
for
work-based
learning,
early
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literacy
intervention,
and
serving
at-risk
populations.
1
d.
Accelerating
student
learning
to
prevent
learning
loss
2
during
the
COVID-19
pandemic
and
other
significant
disruptions
3
to
student
learning.
4
e.
Encourage
the
use
of
evidence-based
practices
in
5
innovative
environments.
6
f.
Require
the
measurement
and
evaluation
of
program
7
implementation
and
learning
outcomes.
8
g.
Establish
models
of
success
for
Iowa
schools.
9
h.
Create
new
professional
opportunities
for
teachers
and
10
other
educators.
11
i.
Investigate
and
establish
different
organizational
12
structures
for
schools
to
use
to
implement
a
multi-tiered
13
system
of
supports
for
students.
14
j.
Allow
greater
flexibility
to
meet
the
education
needs
of
15
a
diverse
student
population
and
changing
workforce
needs.
16
k.
Allow
for
the
flexible
allocation
of
resources
through
17
implementation
of
specialized
school
budgets
for
the
benefit
18
of
the
schools
served.
19
l.
Allow
greater
flexibility
for
districts
and
schools
to
20
focus
on
closing
gaps
in
student
opportunity
and
achievement
21
for
all
students
from
preschool
through
postsecondary
22
preparation.
23
4.
The
state
board
of
education
shall
be
the
only
authorizer
24
of
charter
schools
under
this
chapter.
25
Sec.
7.
NEW
SECTION
.
256E.2
Definitions.
26
As
used
in
this
chapter,
unless
the
context
otherwise
27
requires:
28
1.
“Attendance
center”
means
a
school
building
that
contains
29
classrooms
used
for
instructional
purposes
for
elementary,
30
middle,
or
secondary
school
students.
31
2.
“Charter
school”
means
a
school
established
in
accordance
32
with
this
chapter.
33
3.
“Department”
means
the
department
of
education.
34
4.
“Education
service
provider”
means
an
education
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management
organization,
charter
school
management
1
organization,
or
other
person
with
whom
a
charter
school
2
contracts
for
educational
program
implementation
or
3
comprehensive
management.
4
5.
“Founding
group”
means
a
person,
group
of
persons,
5
or
education
service
provider
that
develops
and
submits
an
6
application
for
a
charter
school
to
the
state
board
under
this
7
chapter.
8
6.
“Governing
board”
means
the
independent
board
of
a
9
charter
school
whose
members
are
elected
or
selected
pursuant
10
to
the
charter
school
contract.
11
7.
“School
board”
means
a
board
of
directors
regularly
12
elected
by
the
registered
voters
of
an
accredited
public
school
13
district.
14
8.
“State
board”
means
the
state
board
of
education.
15
Sec.
8.
NEW
SECTION
.
256E.3
Department
——
duty
to
monitor.
16
The
department
shall
monitor
the
effectiveness
of
charter
17
schools
and
shall
implement
the
applicable
provisions
of
this
18
chapter.
19
Sec.
9.
NEW
SECTION
.
256E.4
School
board-state
board
model.
20
1.
A
school
board
may
create
a
founding
group
to
apply
21
to
the
state
board
for
approval
to
establish
and
operate
a
22
charter
school
within
and
as
a
part
of
the
school
district
by
23
establishing
a
new
attendance
center,
creating
a
new
school
24
within
an
existing
attendance
center,
or
by
converting
an
25
existing
attendance
center.
The
application
shall
demonstrate
26
the
founding
group’s
academic
and
operational
vision
and
plans
27
for
the
proposed
charter
school,
demonstrate
the
founding
28
group’s
capacity
to
execute
the
vision
and
plans,
and
provide
29
the
state
board
a
clear
basis
for
assessing
the
founding
30
group’s
plans
and
capacity.
31
2.
The
state
board
shall
adopt
rules
to
establish
32
appropriate
application
timelines
and
deadlines
for
the
33
submission
of
charter
school
applications
under
this
section.
34
3.
The
instructions
for
completing
an
application
shall
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include
or
otherwise
inform
applicants
of
all
of
the
following:
1
a.
The
performance
framework
adopted
by
the
state
board
2
for
charter
school
oversight
and
evaluation
requirements
in
3
accordance
with
sections
256E.9
and
256E.10.
4
b.
The
criteria
the
state
board
will
use
in
evaluating
5
applications.
6
c.
The
requirements
concerning
the
format
and
content
7
essential
for
applicants
to
demonstrate
the
capacities
8
necessary
to
establish
and
operate
a
successful
charter
school.
9
4.
An
application
submitted
under
this
section
shall
also
10
include
all
of
the
following
items
related
to
the
proposed
11
charter
school:
12
a.
An
executive
summary.
13
b.
The
mission
and
vision
of
the
proposed
charter
school,
14
including
identification
of
the
targeted
student
population
and
15
the
community
the
charter
school
intends
to
serve.
16
c.
The
location
of
the
proposed
charter
school
or
the
17
proposed
geographic
area
within
the
school
district
where
the
18
school
is
proposed
to
be
located.
19
d.
Identification
of
the
grades
to
be
served
each
school
20
year
during
the
duration
of
the
charter
school
contract.
21
e.
Minimum,
planned,
and
maximum
enrollment
per
grade
for
22
each
school
year
during
the
duration
of
the
charter
school
23
contract.
24
f.
Evidence
of
need
and
community
support
for
the
proposed
25
charter
school.
26
g.
Background
information
on
the
members
of
the
founding
27
group
and
background
information
on
the
governing
board,
28
administration,
and
management
personnel
of
the
proposed
29
charter
school,
if
available.
30
h.
The
charter
school’s
proposed
operations
calendar
and
31
sample
daily
schedule.
32
i.
A
description
of
the
academic
program
and
identification
33
of
ways
the
program
aligns
with
state
academic
standards.
34
j.
A
description
of
the
charter
school’s
instructional
35
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model,
including
the
type
of
learning
environment,
class
size
1
and
structure,
curriculum
overview,
and
teaching
methods.
2
k.
The
charter
school’s
plan
for
using
internal
and
external
3
assessments
to
measure
and
report
student
progress
on
the
4
performance
framework
in
accordance
with
section
256E.9.
5
l.
Plans
for
identifying
and
serving
students
with
6
disabilities,
students
who
are
limited
English
proficient,
7
students
who
are
academically
failing
or
below
grade
level,
and
8
gifted
students,
including
but
not
limited
to
compliance
with
9
applicable
laws
and
regulations.
10
m.
A
description
of
cocurricular
and
extracurricular
11
programs
and
how
the
programs
will
be
funded
and
delivered.
12
n.
Plans
and
timelines
for
student
recruitment,
enrollment,
13
and
transfers,
including
enrollment
preferences
and
procedures
14
for
conducting
transparent
admissions
selections,
including
15
admissions
lotteries.
16
o.
The
proposed
code
of
student
conduct,
including
17
applicable
procedures
and
disciplinary
sanctions
for
both
18
general
students
and
special
education
students.
19
p.
A
chart
or
description
of
the
charter
school’s
20
organizational
structure
and
the
duties
and
powers
of
each
21
position
or
group,
including
the
delineation
of
authority
and
22
reporting
between
the
governing
board,
administration,
staff,
23
and
any
related
bodies
or
external
organizations
that
have
a
24
role
in
managing
the
charter
school.
25
q.
A
staffing
chart
for
the
charter
school’s
first
year
26
and
a
staffing
plan
for
the
duration
of
the
charter
school
27
contract.
28
r.
Plans
for
recruiting
and
developing
school
29
administrators,
staff,
and
governing
board
members
and
the
30
charter
school’s
employment
policies,
including
performance
31
evaluation
plans.
32
s.
Proposed
governing
bylaws
for
the
charter
school.
33
t.
Identification
and
explanation
of
any
partnerships
or
34
contractual
relationships
with
the
founding
group
or
any
of
the
35
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founding
group
or
school
board’s
members
that
are
related
to
1
the
charter
school’s
operations
or
mission.
2
u.
The
charter
school’s
plans
for
providing
transportation
3
services,
food
service,
and
all
other
operational
or
ancillary
4
services.
5
v.
Proposed
opportunities
and
expectations
for
parent
6
involvement.
7
w.
A
detailed
school
start-up
plan
and
five-year
plan,
8
including
all
relevant
assumptions
used,
identifying
timelines
9
for
charter
school
finances,
budget,
and
insurance
coverage,
10
facility
construction,
preparation,
and
contingencies,
and
the
11
identification
of
persons
or
positions
responsible
for
each
12
such
item.
13
x.
Evidence
of
anticipated
fundraising
contributions,
if
14
any.
15
y.
Evidence
of
the
founding
group’s
success
in
serving
16
student
populations
similar
to
that
which
is
proposed
in
the
17
application
and
if
the
founding
group
operates
other
charter
18
schools,
evidence
of
past
performance
of
such
other
charter
19
schools
and
evidence
of
the
founding
group’s
capacity
for
an
20
additional
charter
school.
21
z.
A
description
of
the
proposed
charter
school’s
staff
22
performance
evaluation
measures
and
compensation
structure,
23
methods
of
contract
oversight
and
dispute
resolution,
24
investment
disclosures,
and
conflicts
of
interest.
25
aa.
A
proposed
duration
and
outline
of
the
charter
school
26
contract,
including
designation
of
roles,
authority,
and
duties
27
of
the
governing
board
and
the
charter
school
staff.
28
5.
If
the
founding
group
proposes
to
establish
a
charter
29
school
by
converting
an
existing
attendance
center
of
the
30
school
district,
the
state
board
shall
not
approve
the
31
application
unless
the
founding
group
submits
evidence
that
32
the
attendance
center’s
teachers
and
parents
or
guardians
of
33
students
enrolled
at
the
existing
attendance
center
voted
in
34
favor
of
the
conversion.
A
vote
in
favor
of
conversion
under
35
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51
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159
this
subsection
requires
the
support
of
a
majority
of
the
1
teachers
employed
at
the
school
on
the
date
of
the
vote
and
2
a
majority
of
the
parents
or
guardians
voting
whose
children
3
are
enrolled
at
the
school,
provided
that
a
majority
of
the
4
parents
or
guardians
eligible
to
vote
participate
in
the
ballot
5
process.
The
state
board
shall
establish
procedures
by
rule
6
for
voting
under
this
subsection.
A
parent
or
guardian
voting
7
in
accordance
with
this
subsection
must
be
a
resident
of
this
8
state.
9
6.
In
reviewing
and
evaluating
charter
school
applications,
10
the
state
board
shall
employ
procedures,
practices,
and
11
criteria
consistent
with
nationally
recognized
principles
and
12
standards
for
reviewing
charter
school
applications.
Each
13
application
review
shall
include
thorough
evaluation
of
the
14
written
application,
an
in-person
interview
with
the
founding
15
group,
and
an
opportunity
in
a
public
forum
for
local
residents
16
to
learn
about
and
provide
input
on
each
application.
17
7.
Following
review
of
a
charter
school
application
and
18
completion
of
the
process
required
under
subsection
6,
the
19
state
board
shall
do
all
of
the
following:
20
a.
Approve
a
charter
school
application
only
if
the
founding
21
group
has
demonstrated
competence
in
each
element
of
the
22
approval
criteria
and
if
the
founding
group
is
likely
to
open
23
and
operate
a
successful
charter
school.
24
b.
Make
application
decisions
on
documented
evidence
25
collected
through
the
application
review
process.
26
c.
Adhere
to
the
policies
and
criteria
that
are
transparent,
27
based
on
merit,
and
avoid
conflicts
of
interest
or
any
28
appearance
thereof.
29
8.
The
state
board
shall
approve
a
charter
school
30
application
if
the
application
satisfies
the
requirements
of
31
this
chapter.
The
state
board
shall
approve
or
deny
a
charter
32
school
application
no
later
than
seventy-five
calendar
days
33
after
the
application
is
received.
If
the
state
board
denies
34
an
application,
the
state
board
shall
provide
notice
of
denial
35
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159
to
the
founding
group
in
writing
within
thirty
days
after
the
1
state
board’s
action.
The
notice
shall
specify
the
exact
2
reasons
for
denial
and
provide
documentation
supporting
those
3
reasons.
An
approval
decision
may
include,
if
appropriate,
4
reasonable
conditions
that
the
founding
group
must
meet
before
5
a
charter
school
contract
may
be
executed
pursuant
to
section
6
256E.6.
An
approved
charter
application
shall
not
serve
as
a
7
charter
school
contract.
8
9.
A
decision
of
the
state
board
relating
to
an
application
9
under
this
section
is
not
appealable.
10
10.
An
unsuccessful
applicant
under
this
section
may
11
subsequently
reapply
to
the
state
board.
12
Sec.
10.
NEW
SECTION
.
256E.5
Founding
group-state
board
13
model.
14
1.
A
founding
group
may
apply
to
the
state
board
for
15
approval
to
establish
and
operate
a
charter
school
within
the
16
boundaries
of
the
state
that
operates
as
a
new
attendance
17
center
independently
from
a
public
school
district.
The
18
application
shall
demonstrate
the
founding
group’s
academic
19
and
operational
vision
and
plans
for
the
proposed
charter
20
school,
demonstrate
the
founding
group’s
capacity
to
execute
21
the
vision
and
plans,
and
provide
the
state
board
a
clear
basis
22
for
assessing
the
founding
group’s
plans
and
capacity.
23
2.
The
state
board
shall
adopt
rules
to
establish
24
appropriate
application
timelines
and
deadlines
for
the
25
submission
of
charter
school
applications
under
this
section.
26
3.
The
instructions
for
completing
an
application
shall
27
include
or
otherwise
inform
applicants
of
all
of
the
following:
28
a.
The
performance
framework
adopted
by
the
state
board
29
for
charter
school
oversight
and
evaluation
requirements
in
30
accordance
with
sections
256E.9
and
256E.10.
31
b.
The
criteria
the
state
board
will
use
in
evaluating
32
applications.
33
c.
The
requirements
concerning
the
format
and
content
34
essential
for
applicants
to
demonstrate
the
capacities
35
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S.F.
159
necessary
to
establish
and
operate
a
successful
charter
school.
1
4.
The
applications
submitted
under
this
section
shall
also
2
include
all
of
the
following
items
related
to
the
proposed
3
charter
school:
4
a.
An
executive
summary.
5
b.
The
mission
and
vision
of
the
proposed
charter
school,
6
including
identification
of
the
targeted
student
population
and
7
the
community
the
school
intends
to
serve.
8
c.
The
location
of
the
proposed
charter
school
or
the
9
proposed
geographic
area
within
the
state
where
the
school
is
10
proposed
to
be
located.
11
d.
Identification
of
the
grades
to
be
served
each
school
12
year
during
the
duration
of
the
charter
school
contract.
13
e.
Minimum,
planned,
and
maximum
enrollment
per
grade
for
14
each
school
year
during
the
duration
of
the
charter
school
15
contract.
16
f.
Evidence
of
need
and
community
support
for
the
proposed
17
charter
school.
18
g.
Background
information
on
the
members
of
the
founding
19
group
and
background
information
on
the
governing
board,
20
administration,
and
management
personnel
of
the
proposed
21
charter
school,
if
available.
22
h.
The
charter
school’s
proposed
operations
calendar
and
23
sample
daily
schedule.
24
i.
A
description
of
the
academic
program
and
identification
25
of
ways
the
program
aligns
with
state
academic
standards.
26
j.
A
description
of
the
charter
school’s
instructional
27
model,
including
the
type
of
learning
environment,
class
size
28
and
structure,
curriculum
overview,
and
teaching
methods.
29
k.
The
charter
school’s
plan
for
using
internal
and
external
30
assessments
to
measure
and
report
student
progress
on
the
31
performance
framework
in
accordance
with
section
256E.9.
32
l.
Plans
for
identifying
and
serving
students
with
33
disabilities,
students
who
are
limited
English
proficient,
34
students
who
are
academically
failing
or
below
grade
level,
and
35
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159
gifted
students,
including
but
not
limited
to
compliance
with
1
applicable
laws
and
regulations.
2
m.
A
description
of
cocurricular
and
extracurricular
3
programs
and
how
the
programs
will
be
funded
and
delivered.
4
n.
Plans
and
timelines
for
student
recruitment,
enrollment,
5
and
transfers,
including
enrollment
preferences
and
procedures
6
for
conducting
transparent
admissions
selections,
including
7
admissions
lotteries.
8
o.
The
proposed
code
of
student
conduct,
including
9
applicable
procedures
and
disciplinary
sanctions
for
both
10
general
students
and
special
education
students.
11
p.
A
chart
or
description
of
the
charter
school’s
12
organizational
structure
and
the
duties
and
powers
of
each
13
position
or
group,
including
the
delineation
of
authority
and
14
reporting
between
the
governing
board,
staff,
and
any
related
15
bodies
or
external
organizations
that
have
a
role
in
managing
16
the
charter
school.
17
q.
A
staffing
chart
for
the
charter
school’s
first
year
18
and
a
staffing
plan
for
the
duration
of
the
charter
school
19
contract.
20
r.
Plans
for
recruiting
and
developing
school
21
administrators,
staff,
and
governing
board
members
and
the
22
charter
school’s
employment
policies,
including
performance
23
evaluation
plans.
24
s.
Proposed
governing
bylaws
for
the
charter
school.
25
t.
Identification
and
explanation
of
any
partnerships
or
26
contractual
relationships
with
an
education
service
provider
27
that
are
related
to
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
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159
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.
If
the
application
includes
a
proposal
that
the
governing
7
board
contracts
with
an
education
service
provider,
evidence
8
of
the
education
service
provider’s
success
in
serving
9
student
populations
similar
to
that
which
is
proposed
in
the
10
application
and
if
the
education
service
provider
operates
11
other
charter
schools,
evidence
of
past
performance
of
such
12
other
charter
schools
and
evidence
of
the
education
service
13
provider’s
capacity
for
growth.
14
z.
If
the
application
includes
a
proposal
that
the
15
governing
board
contracts
with
an
education
service
provider,
16
a
description
of
the
education
service
provider’s
staff
17
performance
evaluation
measures
and
compensation
structure,
18
methods
of
contract
oversight
and
dispute
resolution,
19
investment
disclosures
and
conflicts
of
interest.
20
aa.
A
proposed
duration
and
outline
of
the
charter
school
21
contract,
including
designation
of
roles,
authority,
and
duties
22
of
the
governing
board
and
the
charter
school
staff.
23
5.
In
reviewing
and
evaluating
charter
school
applications,
24
the
state
board
shall
employ
procedures,
practices,
and
25
criteria
consistent
with
nationally
recognized
principles
and
26
standards
for
reviewing
charter
school
applications.
Each
27
application
review
shall
include
thorough
evaluation
of
the
28
written
application,
an
in-person
interview
with
the
applicant,
29
and
an
opportunity
in
a
public
forum
for
local
residents
of
the
30
public
school
district
within
which
the
applicant
proposes
to
31
locate
the
charter
school
to
learn
about
and
provide
input
on
32
each
application.
33
6.
Following
review
of
a
charter
school
application
and
34
completion
of
the
process
required
under
subsection
5,
the
35
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159
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89
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51
S.F.
159
state
board
shall
do
all
of
the
following:
1
a.
Approve
a
charter
school
application
only
if
the
2
applicant
has
demonstrated
competence
in
each
element
of
the
3
state
board’s
published
approval
criteria
and
the
applicant
is
4
likely
to
open
and
operate
a
successful
charter
school.
5
b.
Make
application
decisions
on
documented
evidence
6
collected
through
the
application
review
process.
7
c.
Adhere
to
the
policies
and
criteria
that
are
transparent,
8
based
on
merit,
and
avoid
conflicts
of
interest
or
any
9
appearance
thereof.
10
7.
A
charter
school
application
under
this
section
shall
11
not
be
approved
if
the
founding
group
has
another
pending
12
application
under
this
section.
13
8.
The
state
board
shall
approve
a
charter
school
14
application
if
the
application
satisfies
the
requirements
15
of
this
chapter.
The
state
board
shall
approve
or
deny
a
16
charter
school
application
no
later
than
seventy-five
calendar
17
days
after
the
application
is
received.
If
the
state
board
18
denies
an
application,
the
state
board
shall
provide
notice
of
19
denial
to
the
applicant
in
writing
within
thirty
days
after
20
board
action.
The
notice
shall
specify
the
exact
reasons
for
21
denial
and
provide
documentation
supporting
those
reasons.
22
An
approval
decision
may
include,
if
appropriate,
reasonable
23
conditions
that
the
applicant
must
meet
before
a
charter
24
school
contract
may
be
executed
pursuant
to
section
256E.6.
25
An
approved
charter
application
shall
not
serve
as
a
charter
26
school
contract.
27
9.
An
unsuccessful
charter
school
applicant
may
28
subsequently
reapply
to
the
state
board.
29
10.
A
decision
of
the
state
board
relating
to
an
application
30
under
this
section
is
not
appealable.
31
Sec.
11.
NEW
SECTION
.
256E.6
Charter
school
contract.
32
1.
Within
the
later
of
thirty
days
following
approval
of
33
a
charter
school
application
or
upon
the
satisfaction
of
all
34
reasonable
conditions
imposed
on
the
applicant
in
the
charter
35
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89
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20/
51
S.F.
159
school
approval,
if
any,
an
enforceable
and
renewable
charter
1
school
contract
shall
be
executed
between
the
founding
group
2
and
the
state
board
setting
forth
the
academic
and
operational
3
performance
expectations
and
measures
by
which
the
charter
4
school
will
be
evaluated
pursuant
to
sections
256E.9
and
5
256E.10
and
the
other
rights
and
duties
of
the
parties.
6
2.
An
initial
charter
school
contract
shall
be
granted
for
7
a
term
of
ten
school
budget
years.
The
charter
school
contract
8
shall
include
the
beginning
and
ending
dates
of
the
charter
9
school
contract
term.
An
approved
charter
school
may
delay
its
10
opening
for
a
period
of
time
not
to
exceed
one
school
year
in
11
order
to
plan
and
prepare
for
the
charter
school’s
opening.
If
12
the
charter
school
requires
an
opening
delay
of
more
than
one
13
school
year,
the
charter
school
may
request
an
extension
from
14
the
state
board.
15
3.
Each
charter
school
contract
shall
be
signed
by
the
16
president
of
the
state
board
and
the
president
or
appropriate
17
officer
of
the
governing
body
of
the
founding
group.
18
4.
Within
fifteen
days
of
the
execution
of
a
charter
school
19
contract
entered
into
by
the
state
board,
the
state
board
shall
20
notify
the
department
and
the
department
of
management
of
the
21
name
of
the
charter
school
and
any
applicable
education
service
22
provider,
the
proposed
location
of
the
charter
school,
and
the
23
charter
school’s
first
year
projected
enrollment.
24
5.
A
charter
school
approved
under
this
chapter
shall
not
25
commence
operations
without
a
valid
charter
school
contract
26
executed
in
accordance
with
this
section
and
approved
in
an
27
open
session
of
the
state
board.
28
6.
The
contract
may
provide
for
requirements
or
conditions
29
to
govern
and
monitor
the
start-up
progress
of
an
approved
30
charter
school
prior
to
the
opening
of
the
charter
school
31
including
but
not
limited
to
conditions
to
ensure
that
the
32
charter
school
meets
all
building,
health,
safety,
insurance,
33
and
other
legal
requirements.
34
7.
A
charter
school
contract
may
be
amended
to
govern
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multiple
charter
schools
operated
by
the
same
applicant
and
1
approved
by
the
state
board.
However,
each
charter
school
2
that
is
part
of
a
charter
school
contract
shall
be
separate
3
and
distinct
from
any
other
charter
school
governed
by
the
4
contract.
5
Sec.
12.
NEW
SECTION
.
256E.7
General
operating
powers
and
6
duties.
7
1.
In
order
to
fulfill
the
charter
school’s
public
purpose,
8
a
charter
school
established
under
this
chapter
shall
be
9
organized
as
a
nonprofit
education
organization
and
shall
10
have
all
the
powers
necessary
for
carrying
out
the
terms
of
11
the
charter
school
contract
including
but
not
limited
to
the
12
following,
as
applicable:
13
a.
Receive
and
expend
funds
for
charter
school
purposes.
14
b.
Secure
appropriate
insurance
and
enter
into
contracts
and
15
leases.
16
c.
Contract
with
an
education
service
provider
for
the
17
management
and
operation
of
the
charter
school
so
long
as
the
18
governing
board
retains
oversight
authority
over
the
charter
19
school.
20
d.
Incur
debt
in
anticipation
of
the
receipt
of
public
or
21
private
funds.
22
e.
Pledge,
assign,
or
encumber
the
charter
school’s
assets
23
to
be
used
as
collateral
for
loans
or
extensions
of
credit.
24
f.
Solicit
and
accept
gifts
or
grants
for
charter
school
25
purposes
unless
otherwise
prohibited
by
law
or
by
the
terms
of
26
its
charter
school
contract.
27
g.
Acquire
from
public
or
private
sources
real
property
for
28
use
as
a
charter
school
or
a
facility
directly
related
to
the
29
operations
of
the
charter
school.
30
h.
Sue
and
be
sued
in
the
charter
school’s
own
name.
31
i.
Operate
an
education
program
that
may
be
offered
by
any
32
noncharter
public
school
or
school
district.
33
2.
A
charter
school
established
under
this
chapter
is
34
exempt
from
all
state
statutes
and
rules
and
any
local
rule,
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regulation,
or
policy,
applicable
to
a
noncharter
school,
1
except
that
the
charter
school
shall
do
all
of
the
following:
2
a.
Meet
all
applicable
federal,
state,
and
local
health
and
3
safety
requirements
and
laws
prohibiting
discrimination
on
the
4
basis
of
race,
creed,
color,
sex,
sexual
orientation,
gender
5
identity,
national
origin,
religion,
ancestry,
or
disability.
6
If
approved
under
section
256E.4,
the
charter
school
shall
be
7
subject
to
any
court-ordered
desegregation
in
effect
for
the
8
school
district
at
the
time
the
charter
school
application
is
9
approved,
unless
otherwise
specifically
provided
for
in
the
10
desegregation
order.
11
b.
Operate
as
a
nonsectarian,
nonreligious
school.
12
c.
Be
free
of
tuition
and
application
fees
to
Iowa
resident
13
students
between
the
ages
of
five
and
twenty-one
years.
14
d.
Be
subject
to
and
comply
with
chapters
216
and
216A
15
relating
to
civil
and
human
rights.
16
e.
Provide
special
education
services
in
accordance
with
17
chapter
256B.
18
f.
Be
subject
to
the
same
financial
audits,
audit
19
procedures,
and
audit
requirements
as
a
school
district.
The
20
audit
shall
be
consistent
with
the
requirements
of
sections
21
11.6,
11.14,
11.19,
and
279.29,
and
section
256.9,
subsection
22
20,
except
to
the
extent
deviations
are
necessary
because
23
of
the
program
at
the
school.
The
department,
the
auditor
24
of
state,
or
the
legislative
services
agency
may
conduct
25
financial,
program,
or
compliance
audits.
26
g.
Be
subject
to
and
comply
with
the
provisions
of
chapter
27
285
relating
to
the
transportation
of
students.
28
h.
Be
subject
to
and
comply
with
the
requirements
of
section
29
256.7,
subsection
21,
and
the
educational
standards
of
section
30
256.11,
unless
specifically
waived
by
the
state
board
during
31
the
application
process.
32
i.
Provide
instruction
for
at
least
the
number
of
days
33
or
hours
required
by
section
279.10,
subsection
1,
unless
34
specifically
waived
by
the
state
board
as
part
of
the
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application
process.
1
j.
Comply
with
the
requirements
of
this
chapter.
2
3.
A
charter
school
shall
employ
or
contract
with
teachers
3
as
defined
in
section
272.1,
who
hold
valid
licenses
with
an
4
endorsement
for
the
type
of
instruction
or
service
for
which
5
the
teachers
are
employed
or
under
contract.
6
4.
A
charter
school
shall
not
discriminate
in
its
student
7
admissions
policies
or
practices
on
the
basis
of
intellectual
8
or
athletic
ability,
measures
of
achievement
or
aptitude,
or
9
status
as
a
person
with
a
disability.
However,
a
charter
10
school
may
limit
admission
to
students
who
are
within
a
11
particular
range
of
ages
or
grade
levels
or
on
any
other
12
basis
that
would
be
legal
if
initiated
by
a
school
district.
13
Enrollment
priority
shall
be
given
to
the
siblings
of
students
14
enrolled
in
a
charter
school.
15
5.
A
charter
school
shall
enroll
an
eligible
student
who
16
submits
a
timely
application
unless
the
number
of
applications
17
exceeds
the
capacity
of
a
program,
class,
grade
level,
or
18
building.
In
this
case,
students
must
be
accepted
by
lot.
19
Upon
enrollment
of
an
eligible
student,
the
charter
school
20
shall
notify
the
public
school
district
of
residence
not
later
21
than
March
1
of
the
preceding
school
year.
22
6.
Each
charter
school
governing
board
shall
be
required
to
23
adopt
a
conflict
of
interest
policy
and
a
code
of
ethics
for
24
all
board
members
and
employees.
25
7.
Each
charter
school
governing
board
shall
adopt
a
policy
26
regarding
the
hiring
of
family
members
to
avoid
nepotism
in
27
hiring
and
supervision.
The
policy
shall
include
but
is
not
28
limited
to
a
disclosure
to
the
governing
board
of
potential
29
nepotism
in
hiring
and
supervision.
Any
person
subject
to
the
30
policy
with
a
conflict
shall
not
be
involved
in
the
hiring
31
decision
or
supervision
of
a
potential
employee.
32
8.
Individuals
compensated
by
an
education
service
provider
33
are
prohibited
from
serving
as
a
voting
member
on
the
governing
34
board
of
any
charter
school
unless
the
state
board
waives
such
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prohibition.
1
9.
If
the
charter
school
is
operated
by
an
education
service
2
provider,
the
governing
board
of
the
charter
school
shall
have
3
access
to
all
records
of
the
education
service
provider
that
4
are
necessary
to
evaluate
any
provision
of
the
contract
or
5
evaluate
the
education
service
provider’s
performance
under
the
6
contract.
7
Sec.
13.
NEW
SECTION
.
256E.8
Funding.
8
1.
Each
student
enrolled
in
a
charter
school
established
9
under
this
chapter
shall
be
counted,
for
state
school
10
foundation
purposes,
in
the
student’s
district
of
residence
11
pursuant
to
section
257.6,
subsection
1,
paragraph
“a”
,
12
subparagraph
(9).
For
purposes
of
this
section,
residence
13
means
a
residence
under
section
282.1.
14
2.
The
school
district
of
residence
shall
pay
to
the
15
charter
school
in
which
the
student
is
enrolled
in
the
manner
16
required
under
section
282.18,
subsection
7,
and
pursuant
to
17
the
timeline
in
section
282.20,
subsection
3,
an
amount
equal
18
to
the
sum
of
the
state
cost
per
pupil
for
the
previous
school
19
year
plus
the
teacher
leadership
supplement
state
cost
per
20
pupil
for
the
previous
fiscal
year
as
provided
in
section
257.9
21
plus
any
moneys
received
for
the
pupil
as
a
result
of
the
22
non-English
speaking
weighting
under
section
280.4,
subsection
23
3,
for
the
previous
school
year
multiplied
by
the
state
cost
24
per
pupil
for
the
previous
year.
If
a
student
is
an
eligible
25
pupil
under
section
261E.6,
the
charter
school
shall
pay
the
26
tuition
reimbursement
amount
to
an
eligible
postsecondary
27
institution
as
provided
in
section
261E.7.
28
3.
If
necessary,
and
pursuant
to
rules
adopted
by
the
state
29
board,
funding
amounts
required
under
this
section
for
the
30
first
school
year
of
a
new
charter
school
shall
be
based
on
31
enrollment
estimates
for
the
charter
school
included
in
the
32
charter
school
contract.
Initial
amounts
paid
using
estimated
33
enrollments
shall
be
reconciled
during
the
subsequent
payment
34
based
on
actual
enrollment
of
the
charter
school
during
the
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first
school
year.
1
Sec.
14.
NEW
SECTION
.
256E.9
Performance
framework.
2
1.
The
performance
provisions
within
the
charter
school
3
contract
shall
be
based
on
a
performance
framework
adopted
4
by
the
state
board
that
clearly
sets
forth
the
academic
and
5
operational
performance
indicators,
measures,
and
metrics
that
6
will
guide
the
evaluation
of
the
charter
school
by
the
state
7
board,
without
compromising
individual
student
privacy.
The
8
performance
framework
shall
include
but
is
not
limited
to
9
indicators,
measures,
and
metrics
for
all
of
the
following:
10
a.
Student
academic
proficiency.
11
b.
Student
academic
growth.
12
c.
Achievement
gaps
in
both
proficiency
and
growth
between
13
specified
populations
or
groups
of
students,
including
groups
14
based
on
gender,
race,
poverty,
special
education
status,
15
limited
English
proficiency,
and
gifted
status.
16
d.
Attendance.
17
e.
Enrollment
attrition.
18
f.
Postsecondary
readiness
for
students
in
grades
nine
19
through
twelve.
20
g.
Goals
specified
in
the
charter
school’s
mission.
21
h.
Financial
performance
and
sustainability.
22
i.
Governing
board
performance
and
stewardship,
including
23
compliance
with
all
applicable
laws,
regulations,
and
terms
of
24
the
charter
contract.
25
2.
Annual
performance
targets
shall
be
agreed
upon
between
26
each
charter
school
and
the
state
board.
Such
performance
27
targets
shall
be
contained
in
the
charter
school
contract
and
28
shall
be
designed
to
help
each
charter
school
meet
applicable
29
federal,
state,
and
local
standards.
The
performance
targets
30
contained
in
the
charter
school
contract
may
be
amended
by
31
mutual
agreement
after
the
charter
school
is
operating
and
has
32
collected
initial
achievement
data
for
the
charter
school’s
33
students.
34
3.
The
state
board
is
responsible
for
collecting,
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analyzing,
and
reporting
all
data
from
state
assessments
and
1
other
state
data
sources
in
accordance
with
the
performance
2
framework.
However,
all
efforts
shall
be
made
by
all
3
parties
to
the
charter
school
contract
to
eliminate
or
reduce
4
duplicative
data
reporting
requirements.
5
4.
Multiple
charter
schools
operating
under
a
single
6
charter
school
contract
shall
be
required
to
report
their
7
performance
data
as
separate,
individual
schools,
with
each
8
charter
school
held
independently
accountable
for
performance.
9
5.
Each
charter
school
established
under
this
chapter
10
shall
be
evaluated
and
graded
by
the
department
pursuant
to
11
the
attendance
center
performance
ranking
system
developed
and
12
adopted
by
the
department.
13
Sec.
15.
NEW
SECTION
.
256E.10
Oversight
——
corrective
14
action
——
contract
renewal
——
revocation.
15
1.
The
state
board
shall
monitor
the
performance
and
16
compliance
of
each
charter
school
the
state
board
approves,
17
including
collecting
and
analyzing
data
according
to
the
18
charter
school
contract
in
order
to
meet
the
requirements
19
of
this
chapter.
Such
oversight
may
include
inquiries
and
20
investigation
of
the
charter
school
so
long
as
the
activities
21
are
consistent
with
the
intent
of
this
chapter,
adhere
to
the
22
terms
of
the
charter
school
contract,
and
do
not
unduly
inhibit
23
the
autonomy
granted
to
the
charter
school.
Any
performance
24
report
resulting
from
an
inquiry
or
investigation
under
this
25
section
shall,
upon
conclusion
of
such
action,
be
included
in
26
the
annual
report
required
under
section
256E.12.
27
2.
As
part
of
the
charter
school
contract,
the
charter
28
school
may
be
required
to
submit
an
annual
report
to
assist
the
29
state
board
in
evaluating
the
charter
school’s
performance
and
30
compliance
with
the
performance
framework.
31
3.
If
a
charter
school’s
performance
under
the
charter
32
school
contract
or
compliance
with
applicable
laws
or
rules
is
33
unsatisfactory,
the
state
board
shall
notify
the
charter
school
34
of
the
perceived
problem
and
provide
reasonable
opportunity
for
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the
school
to
remedy
the
problem,
unless
the
problem
warrants
1
revocation,
in
which
case
the
revocation
provisions
of
this
2
section
apply.
3
4.
The
state
board
may
take
appropriate
corrective
actions
4
or
impose
sanctions,
other
than
revocation,
in
response
to
5
deficiencies
in
the
charter
school’s
performance
or
compliance
6
with
applicable
laws
and
rules.
Such
actions
or
sanctions
may
7
include
requiring
the
charter
school
to
develop
and
execute
a
8
corrective
action
plan
within
a
specified
time
period.
9
5.
A
charter
school
contract
may
be
renewed
for
periods
of
10
time
not
to
exceed
an
additional
ten
years.
11
6.
Annually,
by
June
30,
the
state
board
shall
issue
a
12
charter
school
performance
report
and
charter
school
contract
13
renewal
application
guidance
to
each
charter
school
whose
14
charter
school
contract
will
expire
during
the
following
school
15
budget
year.
The
performance
report
shall
summarize
the
16
charter
school’s
performance
record
to
date
based
on
the
data
17
required
by
the
charter
school
contract
and
by
this
chapter
18
and
shall
identify
concerns
that
may
jeopardize
renewal
of
the
19
charter
school
contract
if
not
remedied.
The
charter
school
20
shall
have
sixty
days
to
respond
to
the
performance
report
and
21
submit
any
corrections
or
clarifications
for
the
report.
22
7.
The
renewal
application
guidance
shall,
at
a
minimum,
23
include
the
criteria
that
will
be
used
when
assessing
charter
24
school
contract
renewal
decisions
and
provide
an
opportunity
25
for
the
charter
school
to:
26
a.
Present
additional
evidence,
beyond
the
data
contained
in
27
the
performance
report.
28
b.
Describe
improvements
undertaken
or
planned
for
the
29
charter
school.
30
c.
Describe
the
charter
school’s
plans,
including
any
31
proposed
modifications,
for
the
next
charter
school
contract
32
term.
33
8.
No
later
than
October
1,
the
governing
board
of
a
charter
34
school
seeking
renewal
shall
submit
a
renewal
application
to
35
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the
state
board
pursuant
to
the
renewal
application
guidance.
1
A
renewal
or
denial
shall
be
approved
by
resolution
of
the
2
state
board
within
sixty
days
following
the
filing
of
the
3
renewal
application.
4
9.
Unless
eligible
for
expedited
renewal
under
subsection
5
13,
when
reviewing
a
charter
school
contract
renewal
6
application,
the
state
board
shall
do
all
of
the
following:
7
a.
Use
evidence
of
the
school’s
performance
over
the
term
of
8
the
charter
school
contract
in
accordance
with
the
applicable
9
performance
framework.
10
b.
Ensure
that
data
used
in
making
renewal
decisions
is
11
available
to
the
charter
school
and
the
public.
12
c.
Provide
a
report
summarizing
the
evidence
that
served
as
13
a
basis
for
the
decision.
14
10.
A
charter
school
contract
may
be
revoked
at
any
time
15
or
not
renewed
if
the
state
board
determines
that
the
charter
16
school
did
any
of
the
following:
17
a.
Committed
a
material
violation
of
any
of
the
terms,
18
conditions,
standards,
or
procedures
required
under
the
charter
19
school
contract
or
this
chapter.
20
b.
Failed
to
meet
or
make
sufficient
progress
toward
the
21
performance
expectations
set
forth
in
the
charter
school
22
contract.
23
c.
Failed
to
meet
generally
accepted
standards
of
fiscal
24
management.
25
d.
Violated
a
provision
of
law
from
which
the
charter
school
26
was
not
exempted.
27
11.
The
state
board
shall
develop
charter
school
contract
28
revocation
and
nonrenewal
standards
and
procedures
that
do
all
29
of
the
following:
30
a.
Provide
the
charter
school
with
a
timely
notice
of
the
31
possibility
of
revocation
or
nonrenewal
and
of
the
reasons
32
therefor.
33
b.
Allow
the
charter
school
a
reasonable
period
of
time
in
34
which
to
prepare
a
response
to
any
notice
received.
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c.
Provide
the
charter
school
an
opportunity
to
submit
1
documents
and
give
testimony
challenging
the
decision
to
revoke
2
the
charter
school
contract
or
the
decision
to
not
renew
the
3
contract.
4
d.
Allow
the
charter
school
the
opportunity
to
hire
legal
5
representation
and
to
call
witnesses.
6
e.
Permit
the
audio
or
video
recording
of
such
proceedings
7
described
in
paragraphs
“c”
and
“
d”
.
8
f.
Require
a
final
decision
to
be
conveyed
in
writing
to
the
9
charter
school.
10
12.
A
decision
to
revoke
or
to
not
renew
a
charter
school
11
contract
shall
be
by
resolution
of
the
state
board
and
shall
12
clearly
state
the
reasons
for
the
revocation
or
nonrenewal.
13
13.
If
a
charter
school
has
been
evaluated
and
graded
to
14
be
in
the
exceptional
category,
or
the
highest
rated
category
15
under
a
succeeding
evaluation
system,
under
the
evaluation
and
16
grading
required
under
section
256E.9,
subsection
5,
for
the
17
immediately
preceding
two
school
years,
and
the
charter
school
18
is
in
compliance
with
the
current
charter
school
contract
19
and
all
provisions
of
this
chapter,
the
charter
school’s
20
application
renewal
under
subsection
8
shall
be
renewed
for
an
21
additional
period
of
time
equal
to
the
length
of
the
original
22
charter
school
contract
or
the
most
recent
renewal
of
the
23
contract,
whichever
is
longer,
unless
the
state
board
provides
24
written
notice
to
the
charter
school
of
the
state
board’s
25
rejection
of
the
expedited
renewal
within
sixty
days
of
the
26
filing
of
the
application.
The
state
board
shall
not
reject
27
an
expedited
renewal
application
unless
the
state
board
finds
28
exceptional
circumstances
for
the
rejection
or
seeks
material
29
changes
to
the
charter
school
contract.
30
Sec.
16.
NEW
SECTION
.
256E.11
Procedures
for
charter
school
31
closure
——
student
enrollment.
32
1.
Prior
to
any
charter
school
closure
decision,
the
state
33
board
shall
develop
a
charter
school
closure
protocol
to
ensure
34
timely
notice
to
parents
and
guardians,
provide
for
the
orderly
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transition
of
students
and
student
records
to
new
schools,
and
1
to
provide
proper
disposition
of
school
funds,
property,
and
2
assets
in
accordance
with
the
requirements
of
this
chapter.
3
The
protocol
shall
specify
required
actions
and
timelines
and
4
identify
responsible
parties
for
each
such
action.
5
2.
In
the
event
of
a
charter
school
closure,
the
assets
of
6
the
charter
school
shall
be
used
first
to
satisfy
outstanding
7
payroll
obligations
for
employees
of
the
school,
then
to
8
creditors
of
the
school,
then
to
the
public
school
district
in
9
which
the
charter
school
operated,
if
applicable,
and
then
to
10
the
state
general
fund.
If
the
assets
of
the
charter
school
11
are
insufficient
to
pay
all
obligations
of
the
charter
school,
12
the
prioritization
of
the
distribution
of
assets
shall
be
13
consistent
with
this
subsection
and
otherwise
determined
by
the
14
district
court.
15
Sec.
17.
NEW
SECTION
.
256E.12
Reports.
16
1.
Each
charter
school
shall
prepare
and
file
an
annual
17
report
with
the
department.
The
department
shall
prescribe
18
by
rule
the
required
contents
of
the
report,
but
each
such
19
report
shall
include
information
regarding
student
achievement,
20
including
annual
academic
growth
and
proficiency,
graduation
21
rates,
and
financial
performance
and
sustainability.
The
22
reports
are
public
records
and
the
examination,
publication,
23
and
dissemination
of
the
reports
are
governed
by
the
provisions
24
of
chapter
22.
25
2.
The
state
board
shall
prepare
and
file
with
the
general
26
assembly
by
December
1,
annually,
a
comprehensive
report
with
27
findings
and
recommendations
relating
to
the
charter
school
28
program
in
the
state
and
whether
the
charter
school
program
29
under
this
chapter
is
meeting
the
goals
and
purposes
of
the
30
program.
The
report
also
shall
contain,
for
each
charter
31
school,
a
copy
of
the
charter
school’s
mission
statement,
32
attendance
statistics
and
dropout
rate,
aggregate
assessment
33
test
scores,
projections
of
financial
stability,
and
the
number
34
and
qualifications
of
teachers
and
administrators.
35
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Sec.
18.
Section
256F.3,
Code
2021,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
8A.
The
state
board
shall
not
approve
a
new
3
charter
school
under
this
chapter
on
or
after
July
1,
2021.
4
Sec.
19.
NEW
SECTION
.
256F.12
Operation
of
existing
charter
5
schools.
6
Charter
schools
established
under
this
chapter
prior
to
July
7
1,
2021,
shall
continue
to
operate
under
and
be
subject
to
8
the
requirements
of
this
chapter
and
shall
not
be
subject
to
9
chapter
256E.
10
Sec.
20.
Section
257.6,
subsection
1,
paragraph
a,
Code
11
2021,
is
amended
by
adding
the
following
new
subparagraph:
12
NEW
SUBPARAGRAPH
.
(9)
Resident
pupils
enrolled
in
a
charter
13
school
under
chapter
256E
or
256F.
14
Sec.
21.
Section
257.31,
subsection
5,
paragraph
d,
Code
15
2021,
is
amended
to
read
as
follows:
16
d.
The
closing
of
a
nonpublic
school,
wholly
or
in
part,
or
17
the
opening
or
closing
of
a
pilot
charter
school.
18
Sec.
22.
Section
282.9,
subsection
1,
Code
2021,
is
amended
19
to
read
as
follows:
20
1.
Notwithstanding
sections
275.55A,
256E.7,
256F.4
,
21
275.55A,
and
282.18
,
or
any
other
provision
to
the
contrary,
22
prior
to
knowingly
enrolling
an
individual
who
is
required
23
to
register
as
a
sex
offender
under
chapter
692A
,
but
who
is
24
otherwise
eligible
to
enroll
in
a
public
school,
the
board
of
25
directors
of
a
school
district
shall
determine
the
educational
26
placement
of
the
individual.
Upon
receipt
of
notice
that
a
27
student
who
is
enrolled
in
the
district
is
required
to
register
28
as
a
sex
offender
under
chapter
692A
,
the
board
shall
determine
29
the
educational
placement
of
the
student.
The
tentative
agenda
30
for
the
meeting
of
the
board
of
directors
at
which
the
board
31
will
consider
such
enrollment
or
educational
placement
shall
32
specifically
state
that
the
board
is
considering
the
enrollment
33
or
educational
placement
of
an
individual
who
is
required
34
to
register
as
a
sex
offender
under
chapter
692A
.
If
the
35
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159
individual
is
denied
enrollment
in
a
school
district
under
this
1
section
,
the
school
district
of
residence
shall
provide
the
2
individual
with
educational
services
in
an
alternative
setting.
3
Sec.
23.
Section
282.18,
subsection
4,
paragraph
b,
Code
4
2021,
is
amended
to
read
as
follows:
5
b.
For
purposes
of
this
section
,
“good
cause”
means
a
change
6
in
a
child’s
residence
due
to
a
change
in
family
residence,
a
7
change
in
the
state
in
which
the
family
residence
is
located,
8
a
change
in
a
child’s
parents’
marital
status,
a
guardianship
9
or
custody
proceeding,
placement
in
foster
care,
adoption,
10
participation
in
a
foreign
exchange
program,
or
participation
11
in
a
substance
abuse
or
mental
health
treatment
program,
a
12
change
in
the
status
of
a
child’s
resident
district
such
as
13
removal
of
accreditation
by
the
state
board,
surrender
of
14
accreditation,
or
permanent
closure
of
a
nonpublic
school,
15
revocation
of
a
charter
school
contract
as
provided
in
section
16
256E.10
or
256F.8
,
the
failure
of
negotiations
for
a
whole
17
grade
sharing,
reorganization,
dissolution
agreement
or
the
18
rejection
of
a
current
whole
grade
sharing
agreement,
or
19
reorganization
plan.
If
the
good
cause
relates
to
a
change
20
in
status
of
a
child’s
school
district
of
residence,
however,
21
action
by
a
parent
or
guardian
must
be
taken
to
file
the
22
notification
within
forty-five
days
of
the
last
board
action
23
or
within
thirty
days
of
the
certification
of
the
election,
24
whichever
is
applicable
to
the
circumstances.
25
DIVISION
III
26
VOLUNTARY
DIVERSITY
PLANS
27
Sec.
24.
Section
256F.4,
subsection
2,
paragraph
a,
28
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
29
follows:
30
Meet
all
applicable
federal,
state,
and
local
health
and
31
safety
requirements
and
laws
prohibiting
discrimination
on
the
32
basis
of
race,
creed,
color,
sex,
sexual
orientation,
gender
33
identity,
national
origin,
religion,
ancestry,
or
disability.
34
A
charter
school
or
innovation
zone
school
shall
be
under
this
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chapter
located
within
the
boundaries
of
a
school
district
1
subject
to
any
court-ordered
desegregation
plan
in
effect
2
for
the
school
district
at
the
time
the
charter
school
or
3
innovation
zone
school
application
is
approved
shall
be
subject
4
to
the
desegregation
order
unless
otherwise
specifically
5
provided
for
in
the
desegregation
order
.
6
Sec.
25.
Section
282.18,
subsections
3
and
6,
Code
2021,
are
7
amended
to
read
as
follows:
8
3.
a.
The
superintendent
of
a
district
subject
to
a
9
voluntary
diversity
or
court-ordered
desegregation
plan,
as
10
recognized
by
rule
of
the
state
board
of
education,
may
deny
a
11
request
for
transfer
under
this
section
if
the
superintendent
12
finds
that
enrollment
or
release
of
a
pupil
will
adversely
13
affect
the
district’s
implementation
of
the
desegregation
14
order
or
diversity
plan
,
unless
the
transfer
is
requested
15
by
a
pupil
whose
sibling
is
already
participating
in
open
16
enrollment
to
another
district,
or
unless
the
request
for
17
transfer
is
submitted
to
the
district
in
a
timely
manner
as
18
required
under
subsection
2
prior
to
implementation
of
the
19
adoption
of
a
desegregation
plan
order
by
the
district.
If
a
20
transfer
request
would
facilitate
implementation
of
a
voluntary
21
diversity
or
court-ordered
desegregation
plan
order
,
the
22
district
shall
give
priority
to
granting
the
request
over
other
23
requests.
24
b.
A
parent
or
guardian
,
whose
request
has
been
denied
25
because
of
the
district’s
implementation
of
a
the
desegregation
26
order
or
diversity
plan,
may
appeal
the
decision
of
the
27
superintendent
to
the
board
of
the
district
in
which
the
28
request
was
denied.
The
board
may
either
uphold
or
overturn
29
the
superintendent’s
decision.
A
decision
of
the
board
30
to
uphold
the
denial
of
the
request
is
subject
to
appeal
31
to
the
district
court
in
the
county
in
which
the
primary
32
business
office
of
the
district
is
located.
The
state
board
33
of
education
shall
adopt
rules
establishing
definitions,
34
guidelines,
and
a
review
process
for
school
districts
that
35
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adopt
voluntary
diversity
plans.
The
guidelines
shall
include
1
criteria
and
standards
that
school
districts
must
follow
2
when
developing
a
voluntary
diversity
plan.
The
department
3
of
education
shall
provide
technical
assistance
to
a
school
4
district
that
is
seeking
to
adopt
a
voluntary
diversity
plan.
5
A
school
district
implementing
a
voluntary
diversity
plan
prior
6
to
July
1,
2008,
shall
have
until
July
1,
2009,
to
comply
with
7
guidelines
adopted
by
the
state
board
pursuant
to
this
section
.
8
c.
The
board
of
directors
of
a
school
district
subject
9
to
voluntary
diversity
or
court-ordered
desegregation
shall
10
develop
a
policy
for
implementation
of
open
enrollment
in
11
the
district.
The
policy
shall
contain
objective
criteria
12
for
determining
when
a
request
would
adversely
impact
the
13
desegregation
order
or
voluntary
diversity
plan
and
criteria
14
for
prioritizing
requests
that
do
not
have
an
adverse
impact
on
15
the
order
or
plan
.
16
6.
A
request
under
this
section
is
for
a
period
of
not
less
17
than
one
year.
If
the
request
is
for
more
than
one
year
and
18
the
parent
or
guardian
desires
to
have
the
pupil
enroll
in
a
19
different
district,
the
parent
or
guardian
may
petition
the
20
current
receiving
district
by
March
1
of
the
previous
school
21
year
for
permission
to
enroll
the
pupil
in
a
different
district
22
for
a
period
of
not
less
than
one
year.
Upon
receipt
of
such
a
23
request,
the
current
receiving
district
board
may
act
on
the
24
request
to
transfer
to
the
other
school
district
at
the
next
25
regularly
scheduled
board
meeting
after
the
receipt
of
the
26
request.
The
new
receiving
district
shall
enroll
the
pupil
in
27
a
school
in
the
district
unless
there
is
insufficient
classroom
28
space
in
the
district
or
unless
the
district
is
subject
to
29
court-ordered
desegregation
and
enrollment
of
the
pupil
would
30
adversely
affect
the
court-ordered
or
voluntary
implementation
31
of
the
desegregation
plan
of
the
district
order
.
A
denial
of
32
a
request
to
change
district
enrollment
within
the
approved
33
period
is
not
subject
to
appeal.
However,
a
pupil
who
has
been
34
in
attendance
in
another
district
under
this
section
may
return
35
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to
the
district
of
residence
and
enroll
at
any
time,
once
the
1
parent
or
guardian
has
notified
the
district
of
residence
and
2
the
receiving
district
in
writing
of
the
decision
to
enroll
the
3
pupil
in
the
district
of
residence.
4
Sec.
26.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
5
deemed
of
immediate
importance,
takes
effect
upon
enactment.
6
DIVISION
IV
7
EDUCATION
INFORMATION,
PROGRAM
STANDARDS,
AND
FUNDING
8
Sec.
27.
Section
22.7,
subsection
1,
Code
2021,
is
amended
9
to
read
as
follows:
10
1.
Personal
information
in
records
regarding
a
student,
11
prospective
student,
or
former
student
maintained,
created,
12
collected
or
assembled
by
or
for
a
school
corporation
or
13
educational
institution
maintaining
such
records.
This
14
subsection
shall
not
be
construed
to
prohibit
a
postsecondary
15
education
institution
from
disclosing
to
a
parent
or
guardian
16
information
regarding
a
violation
of
a
federal,
state,
or
17
local
law,
or
institutional
rule
or
policy
governing
the
use
18
or
possession
of
alcohol
or
a
controlled
substance
if
the
19
child
is
under
the
age
of
twenty-one
years
and
the
institution
20
determines
that
the
student
committed
a
disciplinary
violation
21
with
respect
to
the
use
or
possession
of
alcohol
or
a
22
controlled
substance
regardless
of
whether
that
information
is
23
contained
in
the
student’s
education
records.
This
subsection
24
shall
not
be
construed
to
prohibit
a
school
corporation
or
25
educational
institution
from
transferring
student
records
26
electronically
to
the
department
of
education,
an
accredited
27
nonpublic
school,
an
attendance
center,
a
school
district,
or
28
an
accredited
postsecondary
institution
in
accordance
with
29
section
256.9,
subsection
44
11
.
30
Sec.
28.
Section
256.9,
subsection
11,
Code
2021,
is
amended
31
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
32
following:
33
11.
a.
Approve,
coordinate,
and
supervise
the
use
of
34
electronic
data
and
information
processing
by
school
districts,
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area
education
agencies,
and
merged
areas,
including
the
1
procurement
or
development
of
a
single,
comprehensive,
2
statewide,
student
information
system
that
is
required
to
be
3
used
by
all
school
districts,
accredited
nonpublic
schools,
and
4
area
education
agencies.
5
b.
(1)
The
student
information
system
procured
or
developed
6
shall
be
designed
for
the
purpose
of
establishing
standardized
7
electronic
data
collections
and
reporting
protocols
that
8
facilitate
compliance
with
state
and
federal
reporting
9
requirements,
improve
school-to-school
and
district-to-district
10
information
exchanges,
and
maintain
the
confidentiality
of
11
individual
student
and
staff
data.
12
(2)
The
system
shall
provide
for
the
electronic
transfer
13
of
individual
student
records
between
attendance
centers,
14
school
districts,
accredited
nonpublic
schools,
area
education
15
agencies,
postsecondary
institutions,
merged
areas,
and
the
16
department.
17
(3)
The
system
shall
be
designed
to
ensure
compatibility
18
with
other
information
or
data
management
systems
used
or
19
maintained
by
postsecondary
institutions
and
merged
areas
as
20
required
by
law.
21
c.
The
director
shall,
to
the
extent
practicable,
establish
22
a
uniform
coding
and
reporting
system
as
part
of
the
student
23
information
system.
24
d.
The
department
shall
pay
for
the
procurement
or
25
development
of
the
student
information
system
and
shall
pay
26
for
at
least
the
first
year
of
statewide
implementation,
after
27
which
the
cost
of
operating
the
system
may
be
funded
through
28
the
collection
of
a
fee
by
the
department
from
each
school
29
district
and
accredited
nonpublic
school.
The
amount
of
the
30
fee
shall
be
based
on
a
per-student
rate,
not
to
exceed
seven
31
dollars
per
student
for
the
first
year
of
the
fee
and
set
to
32
raise
an
amount
equal
to
the
actual
cost
of
the
electronic
33
data
collection
system
minus
administrative
costs
of
the
34
department
related
to
the
system.
If
the
cost
of
the
system
35
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is
funded
through
collection
of
a
fee
by
the
department,
after
1
consultation
with
stakeholders,
the
department
shall
adopt
by
2
rule
the
per
student
fee
for
subsequent
years
based
on
the
3
actual
cost
of
the
electronic
data
collection
system
minus
4
administrative
costs
of
the
department.
5
e.
The
student
information
system
shall
only
be
used
for
6
the
purpose
of
collecting
information
from
school
districts,
7
accredited
nonpublic
schools,
and
area
education
agencies
8
required
by
state
or
federal
law
or
for
preparation
of
state
9
or
federal
reports.
10
f.
A
school
district,
accredited
nonpublic
school,
or
area
11
education
agency
shall
not
duplicate
the
collection
of
any
12
information
in
the
student
information
system.
13
Sec.
29.
Section
256.9,
subsection
44,
Code
2021,
is
amended
14
by
striking
the
subsection.
15
Sec.
30.
Section
256.11,
subsection
8,
Code
2021,
is
amended
16
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
17
following:
18
8.
a.
The
state
board
shall
establish
a
flexible
student
19
and
school
support
program
to
be
administered
by
the
director.
20
Under
the
program,
upon
request
of
the
board
of
directors
of
21
a
public
school
district
or
the
authorities
in
charge
of
an
22
accredited
nonpublic
school,
the
director
may,
for
a
period
23
not
to
exceed
three
years,
grant
the
applicable
board
of
24
directors
or
the
authority
in
charge
of
the
nonpublic
school
25
the
ability
to
use
the
flexible
student
and
school
support
26
program
to
implement
evidence-based
practices
in
innovative
27
ways
to
enhance
student
learning,
well-being,
and
postsecondary
28
success.
29
b.
Approval
to
participate
in
the
flexible
student
and
30
school
support
program
shall
exempt
the
school
district
or
31
nonpublic
school
from
one
or
more
of
the
requirements
of
32
the
educational
program
specified
in
subsection
3,
4,
or
5,
33
subsection
6,
paragraph
“b”
or
“c”
,
subsection
7,
paragraph
“b”
34
or
“c”
,
or
the
minimum
school
calendar
requirements
in
section
35
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S.F.
159
279.10,
subsection
1.
An
exemption
shall
be
granted
only
1
if
the
director
deems
that
the
request
made
is
an
essential
2
part
of
an
educational
program
to
support
student
learning,
3
well-being,
and
postsecondary
success;
is
necessary
for
the
4
success
of
the
program;
and
is
broadly
consistent
with
the
5
intent
of
the
requirements
of
the
educational
program
specified
6
in
subsection
3,
4,
or
5,
subsection
6,
paragraph
“b”
or
“c”
,
7
subsection
7,
paragraph
“b”
or
“c”
,
or
the
minimum
school
8
calendar
requirements
in
section
279.10,
subsection
1.
9
c.
Approval
to
participate
in
the
flexible
student
and
10
school
support
program
shall
include
authority
for
a
school
11
district
to
use
funds
from
the
school
district’s
flexibility
12
account
under
section
298A.2,
subsection
2,
to
implement
all
or
13
part
of
the
flexible
student
and
school
support
program.
14
d.
The
application
for
the
flexible
student
and
school
15
support
program
shall
include
all
of
the
following
and
16
be
submitted
on
forms
and
in
a
format
prescribed
by
the
17
department:
18
(1)
A
description
of
the
proposed
educational
program,
19
including
evidence
used
to
design
the
program
and
evidence
of
20
involvement
of
board
members,
parents,
students,
community
21
members,
and
staff
in
development
of
the
program.
22
(2)
Program
goals
and
measures
of
program
effectiveness
and
23
success,
including
student
success
and
performance.
24
(3)
A
plan
for
program
administration,
including
the
use
of
25
personnel,
facilities,
and
funding.
26
(4)
A
plan
for
evaluation
of
the
proposed
program
on
at
27
least
an
annual
basis,
including
a
plan
for
program
revisions,
28
if
necessary.
29
(5)
The
estimated
financial
impact
of
the
program
on
the
30
school
district
or
nonpublic
school.
31
e.
Approval
to
participate
in
the
program
does
not
exempt
32
the
school
district
or
nonpublic
school
from
federal
law
or
33
any
other
requirements
of
state
law
that
are
not
specifically
34
exempted
by
the
director.
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159
f.
Each
school
district
or
nonpublic
school
approved
to
1
participate
in
the
flexible
student
and
school
support
program
2
shall
file
an
annual
report
with
the
department
on
the
status
3
of
the
program
on
forms
and
in
a
format
prescribed
by
the
4
department.
5
g.
Participation
in
the
flexible
student
and
school
support
6
program
may
be
renewed
for
additional
periods
of
years,
each
7
not
to
exceed
three
years.
The
director
may
revoke
approval
of
8
all
or
part
of
any
application
or
approved
education
program
9
if
the
annual
report
or
any
other
information
available
to
10
the
department
indicates
that
conditions
no
longer
warrant
11
use
of
an
exemption
or
funding
from
the
school
district’s
12
flexibility
account
under
section
298A.2,
subsection
2.
Notice
13
of
revocation
must
be
provided
by
the
director
to
the
school
14
district
or
nonpublic
school
prior
to
the
beginning
of
the
15
school
year
for
which
participation
is
revoked.
16
Sec.
31.
Section
257.10,
subsection
9,
paragraph
d,
Code
17
2021,
is
amended
to
read
as
follows:
18
d.
For
the
budget
year
beginning
July
1,
2009,
the
use
19
of
the
funds
calculated
under
this
subsection
shall
comply
20
with
the
requirements
of
chapter
284
and
shall
be
distributed
21
to
teachers
pursuant
to
section
284.3A
.
For
the
budget
year
22
beginning
July
1,
2010,
and
succeeding
budget
years,
the
use
23
of
the
funds
calculated
under
this
subsection
shall
comply
24
with
the
requirements
of
chapter
284
and
shall
be
distributed
25
to
teachers
pursuant
to
section
284.3A
.
If
all
teacher
26
compensation
requirements
of
chapter
284
for
the
school
27
district
are
met
and
funds
received
under
this
subsection
28
remain
unexpended
and
unobligated
at
the
end
of
a
fiscal
year
29
beginning
on
or
after
July
1,
2020,
the
school
district
may
30
transfer
all
or
a
portion
of
such
unexpended
and
unobligated
31
funds
for
deposit
in
the
school
district’s
flexibility
account
32
established
under
section
298A.2,
subsection
2.
33
Sec.
32.
Section
257.10,
subsection
12,
paragraph
d,
Code
34
2021,
is
amended
to
read
as
follows:
35
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159
d.
For
the
budget
year
beginning
July
1,
2014,
and
1
succeeding
budget
years,
the
use
of
the
funds
calculated
under
2
this
subsection
shall
comply
with
the
requirements
of
chapter
3
284
and
shall
be
distributed
to
teachers
pursuant
to
section
4
284.15
.
The
funds
shall
be
used
only
to
increase
the
payment
5
for
a
teacher
assigned
to
a
leadership
role
pursuant
to
a
6
framework
or
comparable
system
approved
pursuant
to
section
7
284.15
;
to
increase
the
percentages
of
teachers
assigned
to
8
leadership
roles;
to
increase
the
minimum
teacher
starting
9
salary
to
thirty-three
thousand
five
hundred
dollars;
to
10
cover
the
costs
for
the
time
mentor
and
lead
teachers
are
11
not
providing
instruction
to
students
in
a
classroom;
for
12
coverage
of
a
classroom
when
an
initial
or
career
teacher
13
is
observing
or
co-teaching
with
a
teacher
assigned
to
a
14
leadership
role;
for
professional
development
time
to
learn
15
best
practices
associated
with
the
career
pathways
leadership
16
process;
and
for
other
costs
associated
with
a
framework
or
17
comparable
system
approved
by
the
department
of
education
under
18
section
284.15
with
the
goals
of
improving
instruction
and
19
elevating
the
quality
of
teaching
and
student
learning.
If
20
all
requirements
for
the
school
district
for
the
use
of
funds
21
calculated
under
this
subsection
are
met
and
funds
received
22
under
this
subsection
remain
unexpended
and
unobligated
at
23
the
end
of
a
fiscal
year
beginning
on
or
after
July
1,
2020,
24
the
school
district
may
transfer
all
or
a
portion
of
such
25
unexpended
and
unobligated
funds
for
deposit
in
the
school
26
district’s
flexibility
account
established
under
section
27
298A.2,
subsection
2.
28
Sec.
33.
Section
298A.2,
subsection
2,
paragraph
a,
Code
29
2021,
is
amended
by
adding
the
following
new
subparagraphs:
30
NEW
SUBPARAGRAPH
.
(4)
Teacher
salary
supplement
funds
31
received
under
section
257.10,
subsection
9.
32
NEW
SUBPARAGRAPH
.
(5)
Teacher
leadership
supplement
funds
33
received
under
section
257.10,
subsection
12.
34
Sec.
34.
Section
298A.2,
subsection
2,
paragraph
c,
Code
35
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159
2021,
is
amended
by
adding
the
following
new
subparagraph:
1
NEW
SUBPARAGRAPH
.
(8)
An
approved
flexible
student
and
2
school
support
program
under
section
256.11,
subsection
8.
3
DIVISION
V
4
EDUCATION
TAX
CREDITS
AND
DEDUCTIONS
5
Sec.
35.
Section
2.48,
subsection
3,
paragraph
b,
6
subparagraph
(5),
Code
2021,
is
amended
to
read
as
follows:
7
(5)
Tuition
and
textbook
tax
credits
under
section
422.12
8
422.12D
.
9
Sec.
36.
Section
422.7,
subsection
55,
Code
2021,
is
amended
10
to
read
as
follows:
11
55.
A
taxpayer
who
is
an
eligible
educator
as
defined
in
12
section
62(d)(1)
of
the
Internal
Revenue
Code
is
allowed
to
13
take
the
deduction
for
certain
expenses
of
elementary
and
14
secondary
school
teachers
allowed
under
section
62(a)(2)(D)
of
15
the
Internal
Revenue
Code
,
as
amended
by
the
federal
Emergency
16
Economic
Stabilization
Act
of
2008,
Pub.
L.
No.
110-343,
in
17
computing
net
income
for
state
tax
purposes
in
excess
of
18
the
amount
of
the
taxpayer’s
deduction
for
certain
expenses
19
of
elementary
and
secondary
school
teachers
for
federal
tax
20
purposes
allowed
under
section
62(a)(2)(D)
of
the
Internal
21
Revenue
Code,
but
not
to
exceed
five
hundred
dollars
.
22
Sec.
37.
Section
422.12,
subsection
1,
paragraphs
d
and
e,
23
Code
2021,
are
amended
by
striking
the
paragraphs.
24
Sec.
38.
Section
422.12,
subsection
2,
paragraph
b,
Code
25
2021,
is
amended
by
striking
the
paragraph.
26
Sec.
39.
NEW
SECTION
.
422.12D
Tuition
and
textbook
tax
27
credit.
28
1.
For
purposes
of
this
section,
unless
the
context
29
otherwise
requires:
30
a.
“Private
instruction”
means
independent
private
31
instruction
as
defined
in
section
299A.1,
subsection
2,
32
paragraph
“b”
,
competent
private
instruction
under
section
33
299A.2,
or
private
instruction
provided
to
a
resident
of
this
34
state
by
a
nonlicensed
person
under
section
299A.3.
35
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b.
“Textbooks”
means
books
and
other
instructional
materials
1
and
equipment
used
in
elementary
and
secondary
schools
in
2
teaching
only
those
subjects
legally
and
commonly
taught
in
3
public
elementary
and
secondary
schools
in
this
state
and
4
does
not
include
instructional
books
and
materials
used
in
5
the
teaching
of
religious
tenets,
doctrines,
or
worship,
the
6
purpose
of
which
is
to
inculcate
those
tenets,
doctrines,
or
7
worship.
“Textbooks”
includes
books
or
materials
used
for
8
extracurricular
activities
including
sporting
events,
musical
9
or
dramatic
events,
speech
activities,
driver’s
education,
or
10
programs
of
a
similar
nature.
11
c.
“Tuition”
means
any
charges
for
the
expenses
of
12
personnel,
buildings,
equipment,
and
materials
other
than
13
textbooks,
and
other
expenses
of
elementary
or
secondary
14
schools
which
relate
to
the
teaching
only
of
those
subjects
15
legally
and
commonly
taught
in
public
elementary
and
16
secondary
schools
in
this
state
and
which
do
not
relate
to
17
the
teaching
of
religious
tenets,
doctrines,
or
worship,
the
18
purpose
of
which
is
to
inculcate
those
tenets,
doctrines,
or
19
worship.
“Tuition”
includes
those
expenses
which
relate
to
20
extracurricular
activities
including
sporting
events,
musical
21
or
dramatic
events,
speech
activities,
driver’s
education,
or
22
programs
of
a
similar
nature.
23
2.
The
taxes
imposed
under
this
subchapter,
less
the
credits
24
allowed
under
section
422.12,
shall
be
reduced
by
a
tuition
25
and
textbook
credit
equal
to
fifty
percent
of
the
first
two
26
thousand
dollars
which
the
taxpayer
has
paid
to
others
for
each
27
dependent
in
grades
kindergarten
through
twelve,
for
tuition
28
and
textbooks
of
each
dependent
who
is
receiving
private
29
instruction
or
who
is
attending
an
elementary
or
secondary
30
school
situated
in
Iowa,
which
school
is
accredited
or
approved
31
under
section
256.11,
which
is
not
operated
for
profit,
and
32
which
adheres
to
the
provisions
of
the
federal
Civil
Rights
Act
33
of
1964
and
chapter
216.
34
3.
The
department,
when
conducting
an
audit
of
a
taxpayer’s
35
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return,
shall
also
audit
the
tuition
and
textbook
tax
credit
1
portion
of
the
tax
return.
2
4.
Any
credit
allowed
under
this
section
in
excess
of
3
the
tax
liability
shall
be
refunded.
In
lieu
of
claiming
a
4
refund,
the
taxpayer
may
elect
to
have
the
overpayment
shown
5
on
the
taxpayer’s
final,
completed
return
credited
to
the
tax
6
liability
for
the
following
taxable
year.
7
5.
Qualified
educational
expenses,
as
defined
in
section
8
257.11B,
subsection
6,
paid
for
with
funds
from
an
account
in
9
the
student
first
scholarship
fund,
shall
not
be
included
in
10
the
calculation
of
the
tuition
and
textbook
tax
credit
under
11
this
section.
12
6.
Married
taxpayers
who
have
filed
joint
federal
returns
13
electing
to
file
separate
returns
or
to
file
separately
on
a
14
combined
return
form
must
determine
the
tuition
and
textbook
15
tax
credit
based
upon
their
combined
net
income
and
allocate
16
the
total
credit
amount
to
each
spouse
in
the
proportion
that
17
each
spouse’s
respective
net
income
bears
to
the
total
combined
18
net
income.
Nonresidents
or
part-year
residents
of
Iowa
must
19
determine
their
tuition
and
textbook
tax
credit
in
the
ratio
of
20
their
Iowa
source
net
income
to
their
all
source
net
income.
21
Nonresidents
or
part-year
residents
who
are
married
and
elect
22
to
file
separate
returns
or
to
file
separately
on
a
combined
23
return
form
must
allocate
the
tuition
and
textbook
tax
credit
24
between
the
spouses
in
the
ratio
of
each
spouse’s
Iowa
source
25
net
income
to
the
combined
Iowa
source
net
income
of
the
26
taxpayers.
27
Sec.
40.
2018
Iowa
Acts,
chapter
1161,
section
118,
is
28
amended
to
read
as
follows:
29
SEC.
118.
Section
422.7,
subsections
3,
7,
8,
9,
10,
11,
14,
30
15,
16,
20,
22,
24,
25,
26,
30,
35,
36,
37,
39,
39B,
40,
43,
45,
31
49,
53,
55,
56,
57,
and
58
,
Code
2018,
are
amended
by
striking
32
the
subsections.
33
Sec.
41.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
34
deemed
of
immediate
importance,
takes
effect
upon
enactment.
35
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Sec.
42.
RETROACTIVE
APPLICABILITY.
The
following
apply
1
retroactively
to
January
1,
2021,
for
tax
years
beginning
on
2
or
after
that
date:
3
1.
The
section
of
this
division
of
this
Act
amending
section
4
422.7,
subsection
55.
5
2.
The
section
of
this
division
of
this
Act
amending
section
6
422.12,
subsection
1,
paragraphs
“d”
and
“e”.
7
3.
The
section
of
this
division
of
this
Act
amending
section
8
422.12,
subsection
2,
paragraph
“b”.
9
4.
The
section
of
this
division
of
this
Act
enacting
section
10
422.12D.
11
DIVISION
VI
12
SCHOOL
DISTRICT
ENROLLMENT
WORKING
GROUP
13
Sec.
43.
SCHOOL
DISTRICT
ENROLLMENT
WORKING
GROUP.
14
1.
The
department
of
education
shall
convene
a
school
15
district
enrollment
working
group
to
review
the
methodology
16
and
timing
of
determinations
of
school
district
enrollment,
17
including
examination
of
the
current
on-time
funding
authorized
18
under
section
257.13,
the
budget
adjustment
authorized
under
19
section
257.14,
the
types
and
amounts
of
funding
paid
for
20
students
open
enrolled
under
section
282.18,
and
alternative
21
methods
for
determining
school
district
enrollments.
22
2.
Voting
members
of
the
working
group
shall
include
23
representatives
from
all
of
the
following:
24
a.
The
Iowa
association
of
school
boards.
25
b.
The
school
administrators
of
Iowa.
26
c.
The
urban
education
network
of
Iowa.
27
d.
The
Iowa
association
of
school
business
officials.
28
e.
A
representative
of
a
school
district
designated
by
the
29
rural
school
advocates
of
Iowa.
30
f.
A
representative
of
a
school
district
designated
by
the
31
urban
education
network
of
Iowa.
32
3.
Four
members
of
the
general
assembly
shall
serve
as
33
ex
officio,
nonvoting
members
of
the
working
group,
with
one
34
member
to
be
appointed
by
each
of
the
following:
the
majority
35
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leader
of
the
senate,
the
minority
leader
of
the
senate,
the
1
speaker
of
the
house
of
representatives,
and
the
minority
2
leader
of
the
house
of
representatives.
3
4.
The
director
of
the
department
of
education,
or
the
4
director’s
designee,
and
the
director
of
the
department
of
5
management,
or
the
director’s
designee,
shall
each
serve
as
ex
6
officio,
nonvoting
members
of
the
working
group.
7
5.
The
working
group
shall
submit
its
findings
and
8
recommendations
to
the
general
assembly
not
later
than
December
9
1,
2021.
10
Sec.
44.
EFFECTIVE
DATE.
This
division
of
this
Act,
being
11
deemed
of
immediate
importance,
takes
effect
upon
enactment.
12
DIVISION
VII
13
OPEN
ENROLLMENT
14
Sec.
45.
Section
256.46,
subsection
1,
Code
2021,
is
amended
15
by
adding
the
following
new
paragraph:
16
NEW
PARAGRAPH
.
i.
If
the
child’s
former
school
or
school
17
district,
if
located
in
this
state,
was
unable
to
participate
18
in
varsity
interscholastic
sports
as
the
result
of
a
decision
19
or
implementation
of
a
decision
of
the
school
board
or
20
superintendent.
21
Sec.
46.
Section
282.18,
subsection
2,
paragraph
a,
Code
22
2021,
is
amended
to
read
as
follows:
23
a.
By
March
1
of
the
preceding
school
year
for
students
24
entering
grades
one
through
twelve,
or
by
September
1
of
the
25
current
school
year
for
students
entering
kindergarten
or
for
26
prekindergarten
students
enrolled
in
special
education
programs
27
and
included
in
the
school
district’s
basic
enrollment
under
28
section
257.6,
subsection
1,
paragraph
“a”
,
subparagraph
(1)
,
29
the
parent
or
guardian
shall
send
notification
to
the
district
30
of
residence
and
the
receiving
district,
on
forms
prescribed
31
by
the
department
of
education,
that
the
parent
or
guardian
32
intends
to
enroll
the
parent’s
or
guardian’s
child
in
a
public
33
school
in
another
school
district.
If
a
parent
or
guardian
34
fails
to
file
a
notification
that
the
parent
intends
to
enroll
35
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the
parent’s
or
guardian’s
child
in
a
public
school
in
another
1
district
by
the
deadline
specified
in
this
subsection
,
the
2
procedures
of
subsection
4
apply.
3
Sec.
47.
Section
282.18,
subsection
4,
paragraph
b,
Code
4
2021,
is
amended
to
read
as
follows:
5
b.
For
purposes
of
this
section
,
“good
cause”
:
6
(1)
“Good
cause”
means
a
change
in
a
child’s
residence
7
due
to
a
change
in
family
residence,
a
change
in
a
child’s
8
residence
from
the
residence
of
one
parent
or
guardian
to
9
the
residence
of
a
different
parent
or
guardian,
a
change
10
in
the
state
in
which
the
family
residence
is
located,
a
11
change
in
a
child’s
parents’
marital
status,
a
guardianship
12
or
custody
proceeding,
placement
in
foster
care,
adoption,
13
participation
in
a
foreign
exchange
program,
initial
placement
14
of
a
prekindergarten
student
in
a
special
education
program
15
requiring
specially
designed
instruction,
or
participation
16
in
a
substance
abuse
or
mental
health
treatment
program,
a
17
change
in
the
status
of
a
child’s
resident
district
such
as
18
removal
of
accreditation
by
the
state
board,
surrender
of
19
accreditation,
or
permanent
closure
of
a
nonpublic
school,
20
revocation
of
a
charter
school
contract
as
provided
in
section
21
256F.8
,
the
failure
of
negotiations
for
a
whole
grade
sharing,
22
reorganization,
dissolution
agreement
,
or
the
rejection
of
a
23
current
whole
grade
sharing
agreement,
or
reorganization
plan
,
24
or
if
the
child’s
assigned
attendance
center
in
the
district
of
25
residence
is
identified
as
in
significant
need
for
improvement
.
26
If
the
good
cause
relates
to
a
change
in
status
of
a
child’s
27
school
district
of
residence,
however,
action
by
a
parent
28
or
guardian
must
be
taken
to
file
the
notification
within
29
forty-five
days
of
the
last
board
action
or
within
thirty
days
30
of
the
certification
of
the
election,
whichever
is
applicable
31
to
the
circumstances.
32
(2)
“Significant
need
for
improvement”
means
a
school
33
attendance
center
designated
by
the
department
of
education
34
under
the
priority
category
under
the
Iowa
school
performance
35
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profiles
for
two
or
more
of
the
immediately
preceding
school
1
years
or
identified
for
comprehensive
support
and
improvement
2
under
the
federal
Every
Student
Succeeds
Act,
Pub.
L.
No.
3
114-95,
or
an
equivalent
objective
federal
standard,
for
two
or
4
more
of
the
immediately
preceding
school
years.
5
Sec.
48.
Section
282.18,
subsection
5,
Code
2021,
is
amended
6
to
read
as
follows:
7
5.
Open
enrollment
applications
filed
after
March
1
8
of
the
preceding
school
year
that
do
not
qualify
for
good
9
cause
as
provided
in
subsection
4
shall
be
subject
to
the
10
approval
of
the
board
of
the
resident
district
and
the
board
11
of
the
receiving
district.
The
parent
or
guardian
shall
send
12
notification
to
the
district
of
residence
and
the
receiving
13
district
that
the
parent
or
guardian
seeks
to
enroll
the
14
parent’s
or
guardian’s
child
in
the
receiving
district.
A
15
decision
of
either
board
to
deny
an
application
filed
under
16
this
subsection
involving
repeated
acts
of
harassment
of
the
17
student
that
the
resident
district
cannot
adequately
address,
a
18
consistent
failure
of
the
district
to
reasonably
respond
to
a
19
student’s
failure
to
meet
basic
academic
standards
after
notice
20
provided
by
a
parent
or
guardian,
or
a
serious
health
condition
21
of
the
student
that
the
resident
district
cannot
adequately
22
address
is
subject
to
appeal
under
section
290.1
.
The
state
23
board
shall
adopt
by
rule
the
criteria
for
determining
a
24
district’s
consistent
failure
to
reasonably
respond
to
a
25
student’s
failure
to
meet
basic
academic
standards
and
shall
26
exercise
broad
discretion
to
achieve
just
and
equitable
27
results
that
are
in
the
best
interest
of
the
affected
child
or
28
children.
29
Sec.
49.
Section
282.18,
subsection
9,
paragraphs
a,
b,
and
30
c,
Code
2021,
are
amended
to
read
as
follows:
31
a.
If
a
parent
or
guardian
of
a
child,
who
is
participating
32
in
open
enrollment
under
this
section
,
moves
to
a
different
33
school
district
during
the
course
of
either
district’s
academic
34
year,
the
child’s
first
district
of
residence
as
determined
on
35
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the
date
specified
in
section
257.6,
subsection
1,
shall
be
1
responsible
for
payment
of
the
cost
per
pupil
plus
weightings
2
or
special
education
costs
to
the
receiving
school
district
for
3
the
balance
of
the
school
year
in
which
the
move
took
place.
4
The
new
district
of
residence
shall
be
responsible
for
the
5
payments
during
succeeding
years.
6
b.
If
a
request
to
transfer
is
due
to
a
change
in
family
7
residence,
a
change
in
a
child’s
residence
from
the
residence
8
of
one
parent
or
guardian
to
the
residence
of
a
different
9
parent
or
guardian,
a
change
in
the
state
in
which
the
family
10
residence
is
located,
a
change
in
a
child’s
parents’
marital
11
status,
a
guardianship
proceeding,
placement
in
foster
care,
12
adoption,
participation
in
a
foreign
exchange
program,
or
13
participation
in
a
substance
abuse
or
mental
health
treatment
14
program,
and
the
child
who
is
the
subject
of
the
request
is
15
enrolled
in
any
grade
from
kindergarten
through
grade
twelve
16
or
who
is
a
prekindergarten
student
enrolled
in
a
special
17
education
program
at
the
time
of
the
request
and
is
not
18
currently
using
any
provision
of
open
enrollment,
the
parent
or
19
guardian
of
the
child
shall
have
the
option
to
have
the
child
20
remain
in
the
child’s
original
district
of
residence
under
open
21
enrollment
with
no
interruption
in
the
child’s
kindergarten
22
through
grade
twelve
educational
program.
If
a
parent
or
23
guardian
exercises
this
option,
the
child’s
new
district
of
24
residence
is
not
required
to
pay
the
amount
calculated
in
25
subsection
7
or
8,
as
applicable,
until
the
start
of
the
first
26
full
year
of
enrollment
of
the
child.
27
c.
The
receiving
district
shall
bill
the
first
resident
28
district
determined
under
paragraph
“a”
according
to
the
29
timeline
in
section
282.20,
subsection
3
.
Payments
shall
be
30
made
to
the
receiving
district
in
a
timely
manner.
31
Sec.
50.
Section
282.18,
subsection
10,
paragraph
c,
Code
32
2021,
is
amended
to
read
as
follows:
33
c.
If
the
pupil
meets
the
economic
eligibility
requirements
34
established
by
the
department
and
state
board
of
education,
the
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sending
district
is
responsible
for
providing
transportation
1
or
paying
the
pro
rata
cost
of
the
transportation
to
a
parent
2
or
guardian
for
transporting
the
pupil
to
and
from
a
point
3
on
a
regular
school
bus
route
of
a
contiguous
receiving
4
district
unless
the
cost
of
providing
transportation
or
the
5
pro
rata
cost
of
the
transportation
to
a
parent
or
guardian
6
exceeds
the
average
transportation
cost
per
pupil
transported
7
for
the
previous
school
year
in
the
district.
The
economic
8
eligibility
requirements
established
by
the
department
of
9
education
and
state
board
of
education
shall
minimally
include
10
those
pupils
with
household
incomes
of
two
hundred
percent
11
or
less
of
the
federal
poverty
level
as
defined
by
the
most
12
recently
revised
poverty
income
guidelines
published
by
the
13
United
States
department
of
health
and
human
services.
If
14
the
cost
exceeds
the
average
transportation
cost
per
pupil
15
transported
for
the
previous
school
year,
the
sending
district
16
shall
only
be
responsible
for
that
average
per
pupil
amount.
17
A
sending
district
which
provides
transportation
for
a
pupil
18
to
a
contiguous
receiving
district
under
this
subsection
may
19
withhold,
from
the
district
cost
per
pupil
amount
that
is
to
20
be
paid
to
the
receiving
district,
an
amount
which
represents
21
the
average
or
pro
rata
cost
per
pupil
for
transportation,
22
whichever
is
less.
23
Sec.
51.
Section
282.18,
subsection
11,
paragraph
a,
Code
24
2021,
is
amended
by
adding
the
following
new
subparagraphs:
25
NEW
SUBPARAGRAPH
.
(8)
If
the
pupil
participates
in
open
26
enrollment
because
of
circumstances
that
meet
the
definition
of
27
good
cause
under
subsection
4,
paragraph
“b”
.
28
NEW
SUBPARAGRAPH
.
(9)
If
the
board
of
directors
or
29
superintendent
of
the
district
of
residence
issues
or
30
implements
a
decision
that
results
in
the
discontinuance
or
31
suspension
of
varsity
interscholastic
sports
activities
in
the
32
district
of
residence.
33
Sec.
52.
Section
282.18,
subsection
11,
Code
2021,
is
34
amended
by
adding
the
following
new
paragraph:
35
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NEW
PARAGRAPH
.
0c.
If
a
pupil
is
declared
ineligible
for
1
interscholastic
athletic
contests
and
athletic
competitions
in
2
the
pupil’s
district
of
residence
due
to
the
pupil’s
academic
3
performance,
upon
participating
in
open
enrollment,
in
addition
4
to
any
other
period
of
ineligibility
under
this
subsection,
the
5
pupil
shall
be
ineligible
in
the
receiving
district
for
the
6
remaining
period
of
ineligibility
declared
by
the
district
of
7
residence.
8
Sec.
53.
RETROACTIVE
APPLICABILITY.
The
following
apply
9
retroactively
to
July
1,
2020:
10
1.
The
section
of
this
division
of
this
Act
enacting
section
11
256.46,
subsection
1,
paragraph
“i”.
12
2.
The
portion
of
the
section
of
this
division
of
this
13
Act
enacting
section
282.18,
subsection
11,
paragraph
“a”,
14
subparagraph
(9).
15
DIVISION
VIII
16
SCHOOL
BOARD
POWERS
AND
DUTIES
17
Sec.
54.
Section
279.1,
Code
2021,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
3.
A
school
corporation
is
entrusted
with
20
public
funds
for
the
purpose
of
improving
student
outcomes,
21
including
but
not
limited
to
student
academic
achievement
and
22
skill
proficiency,
and
the
board
of
directors
of
the
school
23
corporation
is
responsible
for
overseeing
such
improvement.
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