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) 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 SF 159 (2) 89 md/jh/mb
S.F. 159 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 35 -1- SF 159 (2) 89 md/jh/mb 1/ 51
S.F. 159 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. 35 -2- SF 159 (2) 89 md/jh/mb 2/ 51
S.F. 159 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 35 -3- SF 159 (2) 89 md/jh/mb 3/ 51
S.F. 159 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 35 -4- SF 159 (2) 89 md/jh/mb 4/ 51
S.F. 159 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 35 -5- SF 159 (2) 89 md/jh/mb 5/ 51
S.F. 159 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 35 -6- SF 159 (2) 89 md/jh/mb 6/ 51
S.F. 159 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 35 -7- SF 159 (2) 89 md/jh/mb 7/ 51
S.F. 159 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 -8- SF 159 (2) 89 md/jh/mb 8/ 51
S.F. 159 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 35 -9- SF 159 (2) 89 md/jh/mb 9/ 51
S.F. 159 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 35 -10- SF 159 (2) 89 md/jh/mb 10/ 51
S.F. 159 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 35 -11- SF 159 (2) 89 md/jh/mb 11/ 51
S.F. 159 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 -12- SF 159 (2) 89 md/jh/mb 12/ 51
S.F. 159 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 -13- SF 159 (2) 89 md/jh/mb 13/ 51
S.F. 159 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 -14- SF 159 (2) 89 md/jh/mb 14/ 51
S.F. 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 -15- SF 159 (2) 89 md/jh/mb 15/ 51
S.F. 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 -16- SF 159 (2) 89 md/jh/mb 16/ 51
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 -17- SF 159 (2) 89 md/jh/mb 17/ 51
S.F. 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 -18- SF 159 (2) 89 md/jh/mb 18/ 51
S.F. 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 -19- SF 159 (2) 89 md/jh/mb 19/ 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 -20- SF 159 (2) 89 md/jh/mb 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 35 -21- SF 159 (2) 89 md/jh/mb 21/ 51
S.F. 159 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, 35 -22- SF 159 (2) 89 md/jh/mb 22/ 51
S.F. 159 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 35 -23- SF 159 (2) 89 md/jh/mb 23/ 51
S.F. 159 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 35 -24- SF 159 (2) 89 md/jh/mb 24/ 51
S.F. 159 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 35 -25- SF 159 (2) 89 md/jh/mb 25/ 51
S.F. 159 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, 35 -26- SF 159 (2) 89 md/jh/mb 26/ 51
S.F. 159 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 35 -27- SF 159 (2) 89 md/jh/mb 27/ 51
S.F. 159 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 -28- SF 159 (2) 89 md/jh/mb 28/ 51
S.F. 159 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. 35 -29- SF 159 (2) 89 md/jh/mb 29/ 51
S.F. 159 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 35 -30- SF 159 (2) 89 md/jh/mb 30/ 51
S.F. 159 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 -31- SF 159 (2) 89 md/jh/mb 31/ 51
S.F. 159 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 -32- SF 159 (2) 89 md/jh/mb 32/ 51
S.F. 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 35 -33- SF 159 (2) 89 md/jh/mb 33/ 51
S.F. 159 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 -34- SF 159 (2) 89 md/jh/mb 34/ 51
S.F. 159 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 -35- SF 159 (2) 89 md/jh/mb 35/ 51
S.F. 159 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, 35 -36- SF 159 (2) 89 md/jh/mb 36/ 51
S.F. 159 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 -37- SF 159 (2) 89 md/jh/mb 37/ 51
S.F. 159 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 -38- SF 159 (2) 89 md/jh/mb 38/ 51
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. 35 -39- SF 159 (2) 89 md/jh/mb 39/ 51
S.F. 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 -40- SF 159 (2) 89 md/jh/mb 40/ 51
S.F. 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 -41- SF 159 (2) 89 md/jh/mb 41/ 51
S.F. 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 -42- SF 159 (2) 89 md/jh/mb 42/ 51
S.F. 159 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 -43- SF 159 (2) 89 md/jh/mb 43/ 51
S.F. 159 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 -44- SF 159 (2) 89 md/jh/mb 44/ 51
S.F. 159 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 -45- SF 159 (2) 89 md/jh/mb 45/ 51
S.F. 159 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 -46- SF 159 (2) 89 md/jh/mb 46/ 51
S.F. 159 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 -47- SF 159 (2) 89 md/jh/mb 47/ 51
S.F. 159 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 -48- SF 159 (2) 89 md/jh/mb 48/ 51
S.F. 159 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 35 -49- SF 159 (2) 89 md/jh/mb 49/ 51
S.F. 159 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 -50- SF 159 (2) 89 md/jh/mb 50/ 51
S.F. 159 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. 24 -51- SF 159 (2) 89 md/jh/mb 51/ 51
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