Bill Text: IA SSB1065 | 2021-2022 | 89th General Assembly | Introduced


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.(See SF 159.)

Spectrum: Committee Bill

Status: (Introduced) 2021-01-25 - Committee report approving bill, renumbered as SF 159. S.J. 154. [SSB1065 Detail]

Download: Iowa-2021-SSB1065-Introduced.html
Senate Study Bill 1065 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BILL) 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 TLSB 1391XL (18) 89 md/jh
S.F. _____ H.F. _____ 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. 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, for the equivalent 25 of the two immediately preceding semesters for which the 26 student first scholarship is requested and if the pupil is not 27 otherwise ineligible under this section. 28 (3) A pupil who received a student first scholarship for 29 the immediately preceding school budget year, who is eligible 30 to enroll in grade one through grade twelve, and who is not 31 otherwise ineligible under this section. 32 b. Student first scholarships shall be made available to 33 parents and guardians in the manner authorized under subsection 34 4, paragraph “c” , for the payment of qualified educational 35 -1- LSB 1391XL (18) 89 md/jh 1/ 65
S.F. _____ H.F. _____ expenses as provided in this section. 1 c. For purposes of this subsection, “resident” means the 2 same as defined in section 282.1, subsection 2. 3 2. a. (1) By January 31 preceding the school year for 4 which the student first scholarship is requested, the parent or 5 guardian of the pupil requesting a student first scholarship 6 shall submit an application to the department of education, on 7 application forms developed by the department of education, 8 indicating that the parent or guardian intends to enroll the 9 pupil in a nonpublic school for the entirety of the school 10 year. 11 (2) In addition to such information deemed appropriate by 12 the department of education, the application shall require 13 certification from the nonpublic school of the pupil’s 14 enrollment for the following school year. 15 b. By March 1 preceding the school year for which the 16 student first scholarship is requested, the department of 17 education shall determine the number of pupils in each school 18 district approved to receive a scholarship for the following 19 school year and shall notify the parent or guardian of each 20 pupil approved for the following school year to receive a 21 scholarship and the amount of the scholarship for the pupil. 22 c. Student first scholarships shall only be approved for 23 one school year and applications must be submitted annually for 24 student first scholarships in subsequent school years. 25 3. The department of education shall assign each pupil a 26 student first scholarship in an amount equal to the sum of all 27 the following for the same school budget year: 28 a. The product of the pupil’s weighted enrollment that 29 would otherwise be assigned to the pupil under this chapter if 30 the pupil was enrolled in the pupil’s district of residence 31 multiplied by the difference between eighty-seven and 32 five-tenths percent of the regular program state cost per pupil 33 and the statewide average foundation property tax per pupil. 34 b. The total teacher salary supplement district cost per 35 -2- LSB 1391XL (18) 89 md/jh 2/ 65
S.F. _____ H.F. _____ pupil for the pupil’s district of residence. 1 c. The total professional development supplement district 2 cost per pupil for the pupil’s district of residence. 3 d. The total early intervention supplement district cost per 4 pupil for the pupil’s district of residence. 5 e. The total area education agency teacher salary supplement 6 district cost per pupil for the pupil’s district of residence. 7 f. The total area education agency professional development 8 supplement district cost per pupil for the pupil’s district of 9 residence. 10 g. The total teacher leadership supplement district cost per 11 pupil for the pupil’s district of residence. 12 4. A student first scholarship fund is created in the 13 state treasury under the control of the department of 14 education consisting of moneys appropriated to the department 15 of education for the purpose of providing student first 16 scholarships under this section. For the fiscal year 17 commencing July 1, 2022, and each succeeding fiscal year, there 18 is appropriated from the general fund of the state to the 19 department of education to be credited to the fund the amount 20 necessary to pay all student first scholarships approved for 21 that fiscal year. The director of the department of education 22 has all powers necessary to carry out and effectuate the 23 purposes, objectives, and provisions of this section pertaining 24 to the fund, including the power to do all of the following: 25 a. Make and enter into contracts necessary for the 26 administration of the fund. 27 b. Procure insurance against any loss in connection with the 28 assets of the fund or require a surety bond. 29 c. Contract with a private financial management firm to 30 manage the fund, in collaboration with the treasurer of state, 31 including providing for the disbursement of student first 32 scholarships in the form of an electronic debit card or checks 33 that are payable directly from the pupil’s account within the 34 fund. 35 -3- LSB 1391XL (18) 89 md/jh 3/ 65
S.F. _____ H.F. _____ d. Conduct audits or other reviews necessary to properly 1 administer the program. 2 e. Adopt rules for the administration of the fund and 3 accounts within the fund. 4 5. a. For each pupil approved for a student first 5 scholarship, the department of education shall establish an 6 account for that pupil in the student first scholarship fund. 7 The amount of the pupil’s student first scholarship shall be 8 deposited into the pupil’s account on July 1, and such amount 9 shall be immediately available for the payment of qualified 10 educational expenses incurred by the parent or guardian for 11 the pupil during that fiscal year using the payment method 12 authorized under subsection 4, paragraph “c” . 13 b. A nonpublic school that accepts payment from a parent 14 or guardian using funds from a pupil’s account in the student 15 first scholarship fund shall not refund, rebate, or share any 16 portion of such payment with the parent, guardian, or pupil. 17 c. Moneys remaining in a pupil’s account upon conclusion 18 of the fiscal year shall remain in the pupil’s account in the 19 student first scholarship fund for the payment of qualified 20 educational expenses in future fiscal years during which the 21 pupil participates in the program or for the payment of higher 22 education costs as provided under subsection 8. 23 6. a. For purposes of this section, “qualified educational 24 expenses” includes tuition and fees at a nonpublic school, 25 textbooks, fees or payments for educational therapies, 26 including tutoring or cognitive skills training, curriculum 27 fees and materials for a course of study for a specific subject 28 matter or grade level, tuition or fees for nonpublic online 29 education programs, tuition for vocational and life skills 30 education approved by the department of education, education 31 materials and services for pupils with disabilities, including 32 the cost of paraprofessionals and assistants who are trained 33 in accordance with state law, standardized test fees, advanced 34 placement examinations or examinations related to postsecondary 35 -4- LSB 1391XL (18) 89 md/jh 4/ 65
S.F. _____ H.F. _____ education admission or credentialing, qualified education 1 expenses, as defined in section 12D.1, excluding room and board 2 expenses, and other expenses incurred by the parent or guardian 3 that are directly related to the education of the pupil at a 4 nonpublic school, including a nonpublic school accredited by 5 an independent accrediting agency approved by the department 6 of education. 7 b. “Qualified educational expenses” does not include 8 transportation costs for the pupil, the cost of food or 9 refreshments consumed by the pupil, the cost of clothing for 10 the pupil, or the cost of disposable materials, including 11 but not limited to paper, notebooks, pencils, pens, and art 12 supplies. 13 7. a. A person who makes a false claim for the purpose 14 of obtaining a student first scholarship provided for in this 15 section or who knowingly receives the scholarship or makes a 16 payment from an account within the student first scholarship 17 fund without being legally entitled to do so is guilty of a 18 fraudulent practice under chapter 714. The false claim for a 19 student first scholarship or a payment from an account shall 20 be disallowed. The department of education shall also close 21 the pupil’s account in the student first scholarship fund and 22 transfer any remaining moneys in the account for deposit in the 23 general fund of the state. If the improperly obtained amounts 24 from the scholarship have been disbursed from the applicable 25 account in the student first scholarship fund, the department 26 of education shall recover such amounts from the parent or 27 guardian, or from the pupil for purposes of subsection 8, 28 including by initiating legal proceedings to recover such 29 amounts, if necessary. A parent or guardian, or a pupil for 30 purposes of subsection 8, who commits a fraudulent practice 31 under this section is prohibited from participating in the 32 student first scholarship program in the future. 33 b. If, prior to the end of the required attendance 34 period of the school year, a pupil who receives a student 35 -5- LSB 1391XL (18) 89 md/jh 5/ 65
S.F. _____ H.F. _____ first scholarship withdraws from enrollment in the nonpublic 1 school or is expelled, the nonpublic school shall notify the 2 department of education in writing of the pupil’s withdrawal 3 or expulsion, and the pupil’s parent or guardian shall notify 4 the department of education of the pupil’s withdrawal or 5 expulsion from the nonpublic school. A pupil’s expulsion 6 from the nonpublic school prior to the end of the required 7 attendance period for the school year shall invalidate the 8 pupil’s eligibility for the student first scholarship for the 9 school budget year. A pupil’s withdrawal from a nonpublic 10 school prior to the end of the required attendance period of 11 the school year shall invalidate the pupil’s eligibility for 12 the student first scholarship for the school budget year unless 13 the withdrawal is the result of a change in residence of the 14 pupil and the pupil, following written notice by the parent 15 or guardian and certification by the new nonpublic school to 16 the department of education, enrolls in a different nonpublic 17 school in this state for the remainder of the school year. 18 c. (1) Upon receipt of a notice of expulsion under 19 paragraph “b” , the department of education shall close the 20 pupil’s account in the student first scholarship fund and 21 transfer any remaining moneys in the account for deposit in 22 the general fund of the state. In addition, if amounts from 23 the scholarship for the school budget year during which the 24 pupil is expelled have been disbursed from the expelled pupil’s 25 account in the student first scholarship fund, the department 26 of education shall recover such amounts from the parent or 27 guardian, including by initiating legal proceedings to recover 28 such amounts, if necessary. 29 (2) Upon receipt of a notice of withdrawal under paragraph 30 “b” and a determination that the pupil’s withdrawal was not the 31 result of a change in residence, the department of education 32 shall cease disbursements of remaining moneys in the pupil’s 33 account in the student first scholarship fund and maintain the 34 pupil’s account if and until such time that the pupil uses the 35 -6- LSB 1391XL (18) 89 md/jh 6/ 65
S.F. _____ H.F. _____ funds for qualified education expenses under subsection 8. In 1 addition, if amounts from the scholarship for the school budget 2 year during which the withdrawal occurs have been disbursed 3 from the pupil’s account in the student first scholarship fund, 4 the department of education shall recover such amounts from the 5 parent or guardian to the extent the amount disbursed exceeds 6 the amount of the scholarship proportionate to the remaining 7 portion of the school year following the withdrawal, including 8 by initiating legal proceedings to recover such amounts, if 9 necessary. 10 (3) Upon receipt of a notice of withdrawal under paragraph 11 “b” and a determination that the withdrawal was the result of 12 a change in residence but that the pupil did not enroll in 13 a different nonpublic school in this state for the remainder 14 of the school year, the department of education shall cease 15 disbursements of remaining moneys in the pupil’s account in 16 the student first scholarship fund and maintain the pupil’s 17 account if and until such time that the pupil uses the funds 18 for qualified education expenses under subsection 8. 19 (4) If a pupil’s eligibility is invalidated under the 20 provisions of paragraph “b” , the pupil shall be ineligible for a 21 student first scholarship for the following school budget year 22 under subsection 1, paragraph “a” , subparagraphs (2) and (3). 23 8. a. For each pupil with a positive balance in the pupil’s 24 account in the student first scholarship fund upon graduation 25 from high school, the department of education shall maintain 26 the account in the fund until the pupil is twenty-three years 27 of age. Following graduation from high school until the pupil 28 is twenty-three years of age, moneys in the pupil’s account may 29 be used for qualified education expenses, as defined in section 30 12D.1, incurred by the pupil while attending an institution 31 of higher education under the control of the state board of 32 regents, a community college located in this state, or a 33 private college or university located in this state. Payments 34 from a pupil’s account for higher education costs shall be 35 -7- LSB 1391XL (18) 89 md/jh 7/ 65
S.F. _____ H.F. _____ made in the same manner as payments for qualified educational 1 expenses under subsection 5. Moneys in a pupil’s account when 2 the pupil turns twenty-three years of age shall be transferred 3 by the department of education for deposit in the general fund 4 of the state. 5 b. Notwithstanding the age limitation in paragraph “a” , if 6 the pupil with a positive balance in the pupil’s account in 7 the student first scholarship fund upon graduation from high 8 school serves on federal active duty, other than training, and 9 is discharged under honorable conditions, the limitation date 10 otherwise applicable under paragraph “a” shall be extended 11 by one year for each year of federal active duty service by 12 the pupil, but not to a date after the pupil’s twenty-seventh 13 birthday. 14 9. a. A parent may appeal to the state board of education 15 any administrative decision the department of education 16 makes pursuant to this section, including but not limited 17 to determinations of eligibility, allowable expenses, and 18 removal from the program. The department shall notify the 19 parent or guardian in writing of the appeal process at the same 20 time the department notifies the parent or guardian of the 21 administrative decision. The state board of education shall 22 establish the appeals process consistent with chapter 17A and 23 shall post such appeal process information on the state board 24 of education’s internet site. 25 b. The state board of education may refer cases of 26 substantial misuse of student first scholarship funds to the 27 attorney general for the purpose of collection or for the 28 purpose of a criminal investigation if the state board of 29 education obtains evidence of fraudulent use of an account. 30 10. This section shall not be construed to authorize the 31 state or any political subdivision of the state to exercise 32 authority over any nonpublic school or construed to require 33 a nonpublic school to modify its academic standards for 34 admission or educational program in order to receive payment 35 -8- LSB 1391XL (18) 89 md/jh 8/ 65
S.F. _____ H.F. _____ from a parent or guardian using funds from a pupil’s account 1 in the student first scholarship fund. A nonpublic school 2 that accepts payment from a parent or guardian using funds 3 from a pupil’s account in the student first scholarship fund 4 is not an agent of this state or of a political subdivision 5 of this state. Rules adopted by the department of education 6 to implement this section that impose an undue burden on a 7 nonpublic school are invalid. 8 Sec. 3. Section 422.7, Code 2021, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 51. Subtract, to the extent included, the 11 amount of a student first scholarship under section 257.11B 12 received by the taxpayer for payment of qualified educational 13 expenses. 14 Sec. 4. APPLICABILITY. The following applies to school 15 budget years and fiscal years beginning on or after July 1, 16 2022: 17 The section of this division of this Act enacting section 18 257.11B. 19 Sec. 5. APPLICABILITY. The following applies to tax years 20 beginning on or after January 1, 2022: 21 The section of this division of this Act enacting section 22 422.7, subsection 51. 23 DIVISION II 24 CHARTER SCHOOL PROGRAMS 25 Sec. 6. NEW SECTION . 256E.1 Establishment of charter 26 schools —— purpose. 27 1. Charter schools shall be part of the state’s program of 28 public education. 29 2. A charter school may be established by either of the 30 following methods: 31 a. A school board may create a founding group to apply 32 to the state board for approval to establish and operate a 33 charter school within and as a part of the school district by 34 establishing a new attendance center, creating a new school 35 -9- LSB 1391XL (18) 89 md/jh 9/ 65
S.F. _____ H.F. _____ within an existing attendance center, or by converting an 1 existing attendance center to charter status. 2 b. A founding group may apply to the state board for 3 approval to establish and operate a charter school within the 4 boundaries of the state that operates as a new attendance 5 center independently from a public school district. 6 3. The purpose of a charter school established pursuant to 7 this chapter shall be to accomplish the following: 8 a. Improve student learning, well-being, and postsecondary 9 success. 10 b. Increase learning opportunities for students in areas 11 of need in this state, including but not limited to science, 12 technology, engineering, and math (STEM), and science, 13 technology, engineering, arts, and math (STEAM). 14 c. Increase opportunities for work-based learning, early 15 literacy intervention, and serving at-risk populations. 16 d. Accelerating student learning to prevent learning loss 17 during the COVID-19 pandemic and other significant disruptions 18 to student learning. 19 e. Encourage the use of evidence-based practices in 20 innovative environments. 21 f. Require the measurement and evaluation of program 22 implementation and learning outcomes. 23 g. Establish models of success for Iowa schools. 24 h. Create new professional opportunities for teachers and 25 other educators. 26 i. Investigate and establish different organizational 27 structures for schools to use to implement a multi-tiered 28 system of supports for students. 29 j. Allow greater flexibility to meet the education needs of 30 a diverse student population and changing workforce needs. 31 k. Allow for the flexible allocation of resources through 32 implementation of specialized school budgets for the benefit 33 of the schools served. 34 l. Allow greater flexibility for districts and schools to 35 -10- LSB 1391XL (18) 89 md/jh 10/ 65
S.F. _____ H.F. _____ focus on closing gaps in student opportunity and achievement 1 for all students from preschool through postsecondary 2 preparation. 3 4. The state board of education shall be the only authorizer 4 of charter schools under this chapter. 5 Sec. 7. NEW SECTION . 256E.2 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “Attendance center” means a school building that contains 9 classrooms used for instructional purposes for elementary, 10 middle, or secondary school students. 11 2. “Charter school” means a school established in accordance 12 with this chapter. 13 3. “Department” means the department of education. 14 4. “Education service provider” means an education 15 management organization, charter school management 16 organization, or other person with whom a charter school 17 contracts for educational program implementation or 18 comprehensive management. 19 5. “Founding group” means a person, group of persons, 20 or education service provider that develops and submits an 21 application for a charter school to the state board under this 22 chapter. 23 6. “Governing board” means the independent board of a 24 charter school whose members are elected or selected pursuant 25 to the charter school contract. 26 7. “School board” means a board of directors regularly 27 elected by the registered voters of an accredited public school 28 district. 29 8. “State board” means the state board of education. 30 Sec. 8. NEW SECTION . 256E.3 Department —— duty to monitor. 31 The department shall monitor the effectiveness of charter 32 schools and shall implement the applicable provisions of this 33 chapter. 34 Sec. 9. NEW SECTION . 256E.4 School board-state board model. 35 -11- LSB 1391XL (18) 89 md/jh 11/ 65
S.F. _____ H.F. _____ 1. A school board may create a founding group to apply 1 to the state board for approval to establish and operate a 2 charter school within and as a part of the school district by 3 establishing a new attendance center, creating a new school 4 within an existing attendance center, or by converting an 5 existing attendance center. The application shall demonstrate 6 the founding group’s academic and operational vision and plans 7 for the proposed charter school, demonstrate the founding 8 group’s capacity to execute the vision and plans, and provide 9 the state board a clear basis for assessing the founding 10 group’s plans and capacity. 11 2. The state board shall adopt rules to establish 12 appropriate application timelines and deadlines for the 13 submission of charter school applications under this section. 14 3. The instructions for completing an application shall 15 include or otherwise inform applicants of all of the following: 16 a. The performance framework adopted by the state board 17 for charter school oversight and evaluation requirements in 18 accordance with sections 256E.9 and 256E.10. 19 b. The criteria the state board will use in evaluating 20 applications. 21 c. The requirements concerning the format and content 22 essential for applicants to demonstrate the capacities 23 necessary to establish and operate a successful charter school. 24 4. An application submitted under this section shall also 25 include all of the following items related to the proposed 26 charter school: 27 a. An executive summary. 28 b. The mission and vision of the proposed charter school, 29 including identification of the targeted student population and 30 the community the charter school intends to serve. 31 c. The location of the proposed charter school or the 32 proposed geographic area within the school district where the 33 school is proposed to be located. 34 d. Identification of the grades to be served each school 35 -12- LSB 1391XL (18) 89 md/jh 12/ 65
S.F. _____ H.F. _____ year during the duration of the charter school contract. 1 e. Minimum, planned, and maximum enrollment per grade for 2 each school year during the duration of the charter school 3 contract. 4 f. Evidence of need and community support for the proposed 5 charter school. 6 g. Background information on the members of the founding 7 group and background information on the governing board, 8 administration, and management personnel of the proposed 9 charter school, if available. 10 h. The charter school’s proposed operations calendar and 11 sample daily schedule. 12 i. A description of the academic program and identification 13 of ways the program aligns with state academic standards. 14 j. A description of the charter school’s instructional 15 model, including the type of learning environment, class size 16 and structure, curriculum overview, and teaching methods. 17 k. The charter school’s plan for using internal and external 18 assessments to measure and report student progress on the 19 performance framework in accordance with section 256E.9. 20 l. Plans for identifying and serving students with 21 disabilities, students who are limited English proficient, 22 students who are academically failing or below grade level, and 23 gifted students, including but not limited to compliance with 24 applicable laws and regulations. 25 m. A description of cocurricular and extracurricular 26 programs and how the programs will be funded and delivered. 27 n. Plans and timelines for student recruitment, enrollment, 28 and transfers, including enrollment preferences and procedures 29 for conducting transparent admissions selections, including 30 admissions lotteries. 31 o. The proposed code of student conduct, including 32 applicable procedures and disciplinary sanctions for both 33 general students and special education students. 34 p. A chart or description of the charter school’s 35 -13- LSB 1391XL (18) 89 md/jh 13/ 65
S.F. _____ H.F. _____ organizational structure and the duties and powers of each 1 position or group, including the delineation of authority and 2 reporting between the governing board, administration, staff, 3 and any related bodies or external organizations that have a 4 role in managing the charter school. 5 q. A staffing chart for the charter school’s first year 6 and a staffing plan for the duration of the charter school 7 contract. 8 r. Plans for recruiting and developing school 9 administrators, staff, and governing board members and the 10 charter school’s employment policies, including performance 11 evaluation plans. 12 s. Proposed governing bylaws for the charter school. 13 t. Identification and explanation of any partnerships or 14 contractual relationships with the founding group or any of the 15 founding group or school board’s members that are related to 16 the charter school’s operations or mission. 17 u. The charter school’s plans for providing transportation 18 services, food service, and all other operational or ancillary 19 services. 20 v. Proposed opportunities and expectations for parent 21 involvement. 22 w. A detailed school start-up plan and five-year plan, 23 including all relevant assumptions used, identifying timelines 24 for charter school finances, budget, and insurance coverage, 25 facility construction, preparation, and contingencies, and the 26 identification of persons or positions responsible for each 27 such item. 28 x. Evidence of anticipated fundraising contributions, if 29 any. 30 y. Evidence of the founding group’s success in serving 31 student populations similar to that which is proposed in the 32 application and if the founding group operates other charter 33 schools, evidence of past performance of such other charter 34 schools and evidence of the founding group’s capacity for an 35 -14- LSB 1391XL (18) 89 md/jh 14/ 65
S.F. _____ H.F. _____ additional charter school. 1 z. A description of the charter school governing board’s 2 performance evaluation measures, compensation structure, 3 methods of contract oversight and dispute resolution, 4 investment disclosures and conflicts of interest. 5 aa. A proposed duration and outline of the charter school 6 contract, including designation of roles, authority, and duties 7 of the governing board and the charter school staff. 8 5. If the founding group proposes to establish a charter 9 school by converting an existing attendance center of the 10 school district, the state board shall not approve the 11 application unless the founding group submits evidence that 12 the attendance center’s teachers and parents or guardians of 13 students enrolled at the existing attendance center voted in 14 favor of the conversion. A vote in favor of conversion under 15 this subsection requires the support of a majority of the 16 teachers employed at the school on the date of the vote and 17 a majority of the parents or guardians voting whose children 18 are enrolled at the school, provided that a majority of the 19 parents or guardians eligible to vote participate in the ballot 20 process. The state board shall establish procedures by rule 21 for voting under this subsection. A parent or guardian voting 22 in accordance with this subsection must be a resident of this 23 state. 24 6. In reviewing and evaluating charter school applications, 25 the state board shall employ procedures, practices, and 26 criteria consistent with nationally recognized principles and 27 standards for reviewing charter school applications. Each 28 application review shall include thorough evaluation of the 29 written application, an in-person interview with the founding 30 group, and an opportunity in a public forum for local residents 31 to learn about and provide input on each application. 32 7. Following review of a charter school application and 33 completion of the process required under subsection 6, the 34 state board shall do all of the following: 35 -15- LSB 1391XL (18) 89 md/jh 15/ 65
S.F. _____ H.F. _____ a. Approve a charter school application only if the founding 1 group has demonstrated competence in each element of the 2 approval criteria and if the founding group is likely to open 3 and operate a successful charter school. 4 b. Make application decisions on documented evidence 5 collected through the application review process. 6 c. Adhere to the policies and criteria that are transparent, 7 based on merit, and avoid conflicts of interest or any 8 appearance thereof. 9 8. The state board shall approve a charter school 10 application if the application satisfies the requirements of 11 this chapter. The state board shall approve or deny a charter 12 school application no later than seventy-five calendar days 13 after the application is received. If the state board denies 14 an application, the state board shall provide notice of denial 15 to the founding group in writing within thirty days after the 16 state board’s action. The notice shall specify the exact 17 reasons for denial and provide documentation supporting those 18 reasons. An approval decision may include, if appropriate, 19 reasonable conditions that the founding group must meet before 20 a charter school contract may be executed pursuant to section 21 256E.6. An approved charter application shall not serve as a 22 charter school contract. 23 9. A decision of the state board relating to an application 24 under this section is not appealable. 25 10. An unsuccessful applicant under this section may 26 subsequently reapply to the state board. 27 Sec. 10. NEW SECTION . 256E.5 Founding group-state board 28 model. 29 1. A founding group may apply to the state board for 30 approval to establish and operate a charter school within the 31 boundaries of the state that operates as a new attendance 32 center independently from a public school district. The 33 application shall demonstrate the founding group’s academic 34 and operational vision and plans for the proposed charter 35 -16- LSB 1391XL (18) 89 md/jh 16/ 65
S.F. _____ H.F. _____ school, demonstrate the founding group’s capacity to execute 1 the vision and plans, and provide the state board a clear basis 2 for assessing the founding group’s plans and capacity. 3 2. The state board shall adopt rules to establish 4 appropriate application timelines and deadlines for the 5 submission of charter school applications under this section. 6 3. The instructions for completing an application shall 7 include or otherwise inform applicants of all of the following: 8 a. The performance framework adopted by the state board 9 for charter school oversight and evaluation requirements in 10 accordance with sections 256E.9 and 256E.10. 11 b. The criteria the state board will use in evaluating 12 applications. 13 c. The requirements concerning the format and content 14 essential for applicants to demonstrate the capacities 15 necessary to establish and operate a successful charter school. 16 4. The applications submitted under this section shall also 17 include all of the following items related to the proposed 18 charter school: 19 a. An executive summary. 20 b. The mission and vision of the proposed charter school, 21 including identification of the targeted student population and 22 the community the school intends to serve. 23 c. The location of the proposed charter school or the 24 proposed geographic area within the state where the school is 25 proposed to be located. 26 d. Identification of the grades to be served each school 27 year during the duration of the charter school contract. 28 e. Minimum, planned, and maximum enrollment per grade for 29 each school year during the duration of the charter school 30 contract. 31 f. Evidence of need and community support for the proposed 32 charter school. 33 g. Background information on the members of the founding 34 group and background information on the governing board, 35 -17- LSB 1391XL (18) 89 md/jh 17/ 65
S.F. _____ H.F. _____ administration, and management personnel of the proposed 1 charter school, if available. 2 h. The charter school’s proposed operations calendar and 3 sample daily schedule. 4 i. A description of the academic program and identification 5 of ways the program aligns with state academic standards. 6 j. A description of the charter school’s instructional 7 model, including the type of learning environment, class size 8 and structure, curriculum overview, and teaching methods. 9 k. The charter school’s plan for using internal and external 10 assessments to measure and report student progress on the 11 performance framework in accordance with section 256E.9. 12 l. Plans for identifying and serving students with 13 disabilities, students who are limited English proficient, 14 students who are academically failing or below grade level, and 15 gifted students, including but not limited to compliance with 16 applicable laws and regulations. 17 m. A description of cocurricular and extracurricular 18 programs and how the programs will be funded and delivered. 19 n. Plans and timelines for student recruitment, enrollment, 20 and transfers, including enrollment preferences and procedures 21 for conducting transparent admissions selections, including 22 admissions lotteries. 23 o. The proposed code of student conduct, including 24 applicable procedures and disciplinary sanctions for both 25 general students and special education students. 26 p. A chart or description of the charter school’s 27 organizational structure and the duties and powers of each 28 position or group, including the delineation of authority and 29 reporting between the governing board, staff, and any related 30 bodies or external organizations that have a role in managing 31 the charter school. 32 q. A staffing chart for the charter school’s first year 33 and a staffing plan for the duration of the charter school 34 contract. 35 -18- LSB 1391XL (18) 89 md/jh 18/ 65
S.F. _____ H.F. _____ r. Plans for recruiting and developing school 1 administrators, staff, and governing board members and the 2 charter school’s employment policies, including performance 3 evaluation plans. 4 s. Proposed governing bylaws for the charter school. 5 t. Identification and explanation of any partnerships or 6 contractual relationships with an education service provider 7 that are related to the charter school’s operations or mission. 8 u. The charter school’s plans for providing transportation 9 services, food service, and all other operational or ancillary 10 services. 11 v. Proposed opportunities and expectations for parent 12 involvement. 13 w. A detailed school start-up plan and five-year plan, 14 including all relevant assumptions used, identifying timelines 15 for charter school finances, budget, and insurance coverage, 16 facility construction, preparation, and contingencies, and the 17 identification of persons or positions responsible for each 18 such item. 19 x. Evidence of anticipated fundraising contributions, if 20 any. 21 y. If the application includes a proposal that the governing 22 board contracts with an education service provider, evidence 23 of the education service provider’s success in serving 24 student populations similar to that which is proposed in the 25 application and if the education service provider operates 26 other charter schools, evidence of past performance of such 27 other charter schools and evidence of the education service 28 provider’s capacity for growth. 29 z. If the application includes a proposal that the 30 governing board contracts with an education service provider, 31 a description of the education service provider’s performance 32 evaluation measures, compensation structure, methods of 33 contract oversight and dispute resolution, investment 34 disclosures and conflicts of interest. 35 -19- LSB 1391XL (18) 89 md/jh 19/ 65
S.F. _____ H.F. _____ aa. A proposed duration and outline of the charter school 1 contract, including designation of roles, authority, and duties 2 of the governing board and the charter school staff. 3 5. In reviewing and evaluating charter school applications, 4 the state board shall employ procedures, practices, and 5 criteria consistent with nationally recognized principles and 6 standards for reviewing charter school applications. Each 7 application review shall include thorough evaluation of the 8 written application, an in-person interview with the applicant, 9 and an opportunity in a public forum for local residents of the 10 public school district within which the applicant proposes to 11 locate the charter school to learn about and provide input on 12 each application. 13 6. Following review of a charter school application and 14 completion of the process required under subsection 5, the 15 state board shall do all of the following: 16 a. Approve a charter school application only if the 17 applicant has demonstrated competence in each element of the 18 state board’s published approval criteria and the applicant is 19 likely to open and operate a successful charter school. 20 b. Make application decisions on documented evidence 21 collected through the application review process. 22 c. Adhere to the policies and criteria that are transparent, 23 based on merit, and avoid conflicts of interest or any 24 appearance thereof. 25 7. A charter school application under this section shall 26 not be approved if the founding group has another pending 27 application under this section. 28 8. The state board shall approve a charter school 29 application if the application satisfies the requirements 30 of this chapter. The state board shall approve or deny a 31 charter school application no later than seventy-five calendar 32 days after the application is received. If the state board 33 denies an application, the state board shall provide notice of 34 denial to the applicant in writing within thirty days after 35 -20- LSB 1391XL (18) 89 md/jh 20/ 65
S.F. _____ H.F. _____ board action. The notice shall specify the exact reasons for 1 denial and provide documentation supporting those reasons. 2 An approval decision may include, if appropriate, reasonable 3 conditions that the applicant must meet before a charter 4 school contract may be executed pursuant to section 256E.6. 5 An approved charter application shall not serve as a charter 6 school contract. 7 9. An unsuccessful charter school applicant may 8 subsequently reapply to the state board. 9 10. A decision of the state board relating to an application 10 under this section is not appealable. 11 Sec. 11. NEW SECTION . 256E.6 Charter school contract. 12 1. Within the later of thirty days following approval of 13 a charter school application or upon the satisfaction of all 14 reasonable conditions imposed on the applicant in the charter 15 school approval, if any, an enforceable and renewable charter 16 school contract shall be executed between the founding group 17 and the state board setting forth the academic and operational 18 performance expectations and measures by which the charter 19 school will be evaluated pursuant to sections 256E.9 and 20 256E.10 and the other rights and duties of the parties. 21 2. An initial charter school contract shall be granted for 22 a term of ten school budget years. The charter school contract 23 shall include the beginning and ending dates of the charter 24 school contract term. An approved charter school may delay its 25 opening for a period of time not to exceed one school year in 26 order to plan and prepare for the charter school’s opening. If 27 the charter school requires an opening delay of more than one 28 school year, the charter school may request an extension from 29 the state board. 30 3. Each charter school contract shall be signed by the 31 president of the state board and the president or appropriate 32 officer of the governing body of the founding group. 33 4. Within fifteen days of the execution of a charter school 34 contract entered into by the state board, the state board shall 35 -21- LSB 1391XL (18) 89 md/jh 21/ 65
S.F. _____ H.F. _____ notify the department and the department of management of the 1 name of the charter school and any applicable education service 2 provider, the proposed location of the charter school, and the 3 charter school’s first year projected enrollment. 4 5. A charter school approved under this chapter shall not 5 commence operations without a valid charter school contract 6 executed in accordance with this section and approved in an 7 open session of the state board. 8 6. The contract may provide for requirements or conditions 9 to govern and monitor the start-up progress of an approved 10 charter school prior to the opening of the charter school 11 including but not limited to conditions to ensure that the 12 charter school meets all building, health, safety, insurance, 13 and other legal requirements. 14 7. A charter school contract may be amended to govern 15 multiple charter schools operated by the same applicant and 16 approved by the state board. However, each charter school 17 that is part of a charter school contract shall be separate 18 and distinct from any other charter school governed by the 19 contract. 20 Sec. 12. NEW SECTION . 256E.7 General operating powers and 21 duties. 22 1. In order to fulfill the charter school’s public purpose, 23 a charter school established under this chapter shall be 24 organized as a nonprofit education organization and shall 25 have all the powers necessary for carrying out the terms of 26 the charter school contract including but not limited to the 27 following, as applicable: 28 a. Receive and expend funds for charter school purposes. 29 b. Secure appropriate insurance and enter into contracts and 30 leases. 31 c. Contract with an education service provider for the 32 management and operation of the charter school so long as the 33 governing board retains oversight authority over the charter 34 school. 35 -22- LSB 1391XL (18) 89 md/jh 22/ 65
S.F. _____ H.F. _____ d. Incur debt in anticipation of the receipt of public or 1 private funds. 2 e. Pledge, assign, or encumber the charter school’s assets 3 to be used as collateral for loans or extensions of credit. 4 f. Solicit and accept gifts or grants for charter school 5 purposes unless otherwise prohibited by law or by the terms of 6 its charter school contract. 7 g. Acquire from public or private sources real property for 8 use as a charter school or a facility directly related to the 9 operations of the charter school. 10 h. Sue and be sued in the charter school’s own name. 11 i. Operate an education program that may be offered by any 12 noncharter public school or school district. 13 2. A charter school established under this chapter is 14 exempt from all state statutes and rules and any local rule, 15 regulation, or policy, applicable to a noncharter school, 16 except that the charter school shall do all of the following: 17 a. Meet all applicable federal, state, and local health and 18 safety requirements and laws prohibiting discrimination on the 19 basis of race, creed, color, sex, sexual orientation, gender 20 identity, national origin, religion, ancestry, or disability. 21 If approved under section 256E.4, the charter school shall be 22 subject to any court-ordered desegregation in effect for the 23 school district at the time the charter school application is 24 approved, unless otherwise specifically provided for in the 25 desegregation order. 26 b. Operate as a nonsectarian, nonreligious school. 27 c. Be free of tuition and application fees to Iowa resident 28 students between the ages of five and twenty-one years. 29 d. Be subject to and comply with chapters 216 and 216A 30 relating to civil and human rights. 31 e. Provide special education services in accordance with 32 chapter 256B. 33 f. Be subject to the same financial audits, audit 34 procedures, and audit requirements as a school district. The 35 -23- LSB 1391XL (18) 89 md/jh 23/ 65
S.F. _____ H.F. _____ audit shall be consistent with the requirements of sections 1 11.6, 11.14, 11.19, and 279.29, and section 256.9, subsection 2 20, except to the extent deviations are necessary because 3 of the program at the school. The department, the auditor 4 of state, or the legislative services agency may conduct 5 financial, program, or compliance audits. 6 g. Be subject to and comply with the provisions of chapter 7 285 relating to the transportation of students. 8 h. Be subject to and comply with the requirements of section 9 256.7, subsection 21, and the educational standards of section 10 256.11, unless specifically waived by the state board during 11 the application process. 12 i. Provide instruction for at least the number of days 13 or hours required by section 279.10, subsection 1, unless 14 specifically waived by the state board as part of the 15 application process. 16 j. Comply with the requirements of this chapter. 17 3. A charter school shall employ or contract with teachers 18 as defined in section 272.1, who hold valid licenses with an 19 endorsement for the type of instruction or service for which 20 the teachers are employed or under contract. 21 4. A charter school shall not discriminate in its student 22 admissions policies or practices on the basis of intellectual 23 or athletic ability, measures of achievement or aptitude, or 24 status as a person with a disability. However, a charter 25 school may limit admission to students who are within a 26 particular range of ages or grade levels or on any other 27 basis that would be legal if initiated by a school district. 28 Enrollment priority shall be given to the siblings of students 29 enrolled in a charter school. 30 5. A charter school shall enroll an eligible student who 31 submits a timely application unless the number of applications 32 exceeds the capacity of a program, class, grade level, or 33 building. In this case, students must be accepted by lot. 34 Upon enrollment of an eligible student, the charter school 35 -24- LSB 1391XL (18) 89 md/jh 24/ 65
S.F. _____ H.F. _____ shall notify the public school district of residence not later 1 than March 1 of the preceding school year. 2 6. Each charter school governing board shall be required to 3 adopt a conflict of interest policy and a code of ethics for 4 all board members and employees. 5 7. Each charter school governing board shall adopt a policy 6 regarding the hiring of family members to avoid nepotism in 7 hiring and supervision. The policy shall include but is not 8 limited to a disclosure to the governing board of potential 9 nepotism in hiring and supervision. Any person subject to the 10 policy with a conflict shall not be involved in the hiring 11 decision or supervision of a potential employee. 12 8. Individuals compensated by an education service provider 13 are prohibited from serving as a voting member on the governing 14 board of any charter school unless the state board waives such 15 prohibition. 16 9. If the charter school is operated by an education service 17 provider, the governing board of the charter school shall have 18 access to all records of the education service provider that 19 are necessary to evaluate any provision of the contract or 20 evaluate the education service provider’s performance under the 21 contract. 22 Sec. 13. NEW SECTION . 256E.8 Funding. 23 1. Each student enrolled in a charter school established 24 under this chapter shall be counted, for state school 25 foundation purposes, in the student’s district of residence 26 pursuant to section 257.6, subsection 1, paragraph “a” , 27 subparagraph (9). For purposes of this section, residence 28 means a residence under section 282.1. 29 2. The school district of residence shall pay to the 30 charter school in which the student is enrolled in the manner 31 required under section 282.18, subsection 7, and pursuant to 32 the timeline in section 282.20, subsection 3, an amount equal 33 to the sum of the state cost per pupil for the previous school 34 year plus the teacher leadership supplement state cost per 35 -25- LSB 1391XL (18) 89 md/jh 25/ 65
S.F. _____ H.F. _____ pupil for the previous fiscal year as provided in section 257.9 1 plus any moneys received for the pupil as a result of the 2 non-English speaking weighting under section 280.4, subsection 3 3, for the previous school year multiplied by the state cost 4 per pupil for the previous year. If a student is an eligible 5 pupil under section 261E.6, the charter school shall pay the 6 tuition reimbursement amount to an eligible postsecondary 7 institution as provided in section 261E.7. 8 3. If necessary, and pursuant to rules adopted by the state 9 board, funding amounts required under this section for the 10 first school year of a new charter school shall be based on 11 enrollment estimates for the charter school included in the 12 charter school contract. Initial amounts paid using estimated 13 enrollments shall be reconciled during the subsequent payment 14 based on actual enrollment of the charter school during the 15 first school year. 16 4. The department shall disburse state transportation 17 funding to a public charter school on the same basis and in the 18 same manner as such funding is paid to school districts. 19 Sec. 14. NEW SECTION . 256E.9 Performance framework. 20 1. The performance provisions within the charter school 21 contract shall be based on a performance framework adopted 22 by the state board that clearly sets forth the academic and 23 operational performance indicators, measures, and metrics that 24 will guide the evaluation of the charter school by the state 25 board, without compromising individual student privacy. The 26 performance framework shall include but is not limited to 27 indicators, measures, and metrics for all of the following: 28 a. Student academic proficiency. 29 b. Student academic growth. 30 c. Achievement gaps in both proficiency and growth between 31 specified populations or groups of students, including groups 32 based on gender, race, poverty, special education status, 33 limited English proficiency, and gifted status. 34 d. Attendance. 35 -26- LSB 1391XL (18) 89 md/jh 26/ 65
S.F. _____ H.F. _____ e. Enrollment attrition. 1 f. Postsecondary readiness for students in grades nine 2 through twelve. 3 g. Goals specified in the charter school’s mission. 4 h. Financial performance and sustainability. 5 i. Governing board performance and stewardship, including 6 compliance with all applicable laws, regulations, and terms of 7 the charter contract. 8 2. Annual performance targets shall be agreed upon between 9 each charter school and the state board. Such performance 10 targets shall be contained in the charter school contract and 11 shall be designed to help each charter school meet applicable 12 federal, state, and local standards. The performance targets 13 contained in the charter school contract may be amended by 14 mutual agreement after the charter school is operating and has 15 collected initial achievement data for the charter school’s 16 students. 17 3. The state board is responsible for collecting, 18 analyzing, and reporting all data from state assessments and 19 other state data sources in accordance with the performance 20 framework. However, all efforts shall be made by all 21 parties to the charter school contract to eliminate or reduce 22 duplicative data reporting requirements. 23 4. Multiple charter schools operating under a single 24 charter school contract shall be required to report their 25 performance data as separate, individual schools, with each 26 charter school held independently accountable for performance. 27 5. Each charter school established under this chapter 28 shall be evaluated and graded by the department pursuant to 29 the attendance center performance ranking system developed and 30 adopted by the department. 31 Sec. 15. NEW SECTION . 256E.10 Oversight —— corrective 32 action —— contract renewal —— revocation. 33 1. The state board shall monitor the performance and 34 compliance of each charter school the state board approves, 35 -27- LSB 1391XL (18) 89 md/jh 27/ 65
S.F. _____ H.F. _____ including collecting and analyzing data according to the 1 charter school contract in order to meet the requirements 2 of this chapter. Such oversight may include inquiries and 3 investigation of the charter school so long as the activities 4 are consistent with the intent of this chapter, adhere to the 5 terms of the charter school contract, and do not unduly inhibit 6 the autonomy granted to the charter school. Any performance 7 report resulting from an inquiry or investigation under this 8 section shall, upon conclusion of such action, be included in 9 the annual report required under section 256E.12. 10 2. As part of the charter school contract, the charter 11 school may be required to submit an annual report to assist the 12 state board in evaluating the charter school’s performance and 13 compliance with the performance framework. 14 3. If a charter school’s performance under the charter 15 school contract or compliance with applicable laws or rules is 16 unsatisfactory, the state board shall notify the charter school 17 of the perceived problem and provide reasonable opportunity for 18 the school to remedy the problem, unless the problem warrants 19 revocation, in which case the revocation provisions of this 20 section apply. 21 4. The state board may take appropriate corrective actions 22 or impose sanctions, other than revocation, in response to 23 deficiencies in the charter school’s performance or compliance 24 with applicable laws and rules. Such actions or sanctions may 25 include requiring the charter school to develop and execute a 26 corrective action plan within a specified time period. 27 5. A charter school contract may be renewed for periods of 28 time not to exceed an additional ten years. 29 6. Annually, by June 30, the state board shall issue a 30 charter school performance report and charter school contract 31 renewal application guidance to each charter school whose 32 charter school contract will expire during the following school 33 budget year. The performance report shall summarize the 34 charter school’s performance record to date based on the data 35 -28- LSB 1391XL (18) 89 md/jh 28/ 65
S.F. _____ H.F. _____ required by the charter school contract and by this chapter 1 and shall identify concerns that may jeopardize renewal of the 2 charter school contract if not remedied. The charter school 3 shall have sixty days to respond to the performance report and 4 submit any corrections or clarifications for the report. 5 7. The renewal application guidance shall, at a minimum, 6 include the criteria that will be used when assessing charter 7 school contract renewal decisions and provide an opportunity 8 for the charter school to: 9 a. Present additional evidence, beyond the data contained in 10 the performance report. 11 b. Describe improvements undertaken or planned for the 12 charter school. 13 c. Describe the charter school’s plans, including any 14 proposed modifications, for the next charter school contract 15 term. 16 8. No later than October 1, the governing board of a charter 17 school seeking renewal shall submit a renewal application to 18 the state board pursuant to the renewal application guidance. 19 A renewal or denial shall be approved by resolution of the 20 state board within sixty days following the filing of the 21 renewal application. 22 9. Unless eligible for expedited renewal under subsection 23 13, when reviewing a charter school contract renewal 24 application, the state board shall do all of the following: 25 a. Use evidence of the school’s performance over the term of 26 the charter school contract in accordance with the applicable 27 performance framework. 28 b. Ensure that data used in making renewal decisions is 29 available to the charter school and the public. 30 c. Provide a report summarizing the evidence that served as 31 a basis for the decision. 32 10. A charter school contract may be revoked at any time 33 or not renewed if the state board determines that the charter 34 school did any of the following: 35 -29- LSB 1391XL (18) 89 md/jh 29/ 65
S.F. _____ H.F. _____ a. Committed a material violation of any of the terms, 1 conditions, standards, or procedures required under the charter 2 school contract or this chapter. 3 b. Failed to meet or make sufficient progress toward the 4 performance expectations set forth in the charter school 5 contract. 6 c. Failed to meet generally accepted standards of fiscal 7 management. 8 d. Violated a provision of law from which the charter school 9 was not exempted. 10 11. The state board shall develop charter school contract 11 revocation and nonrenewal standards and procedures that do all 12 of the following: 13 a. Provide the charter school with a timely notice of the 14 possibility of revocation or nonrenewal and of the reasons 15 therefor. 16 b. Allow the charter school a reasonable period of time in 17 which to prepare a response to any notice received. 18 c. Provide the charter school an opportunity to submit 19 documents and give testimony challenging the decision to revoke 20 the charter school contract or the decision to not renew the 21 contract. 22 d. Allow the charter school the opportunity to hire legal 23 representation and to call witnesses. 24 e. Permit the audio or video recording of such proceedings 25 described in paragraphs “c” and d” . 26 f. Require a final decision to be conveyed in writing to the 27 charter school. 28 12. A decision to revoke or to not renew a charter school 29 contract shall be by resolution of the state board and shall 30 clearly state the reasons for the revocation or nonrenewal. 31 13. If a charter school has been evaluated and graded to 32 be in the exceptional category, or the highest rated category 33 under a succeeding evaluation system, under the evaluation and 34 grading required under section 256E.9, subsection 5, for the 35 -30- LSB 1391XL (18) 89 md/jh 30/ 65
S.F. _____ H.F. _____ immediately preceding two school years, and the charter school 1 is in compliance with the current charter school contract 2 and all provisions of this chapter, the charter school’s 3 application renewal under subsection 8 shall be renewed for an 4 additional period of time equal to the length of the original 5 charter school contract or the most recent renewal of the 6 contract, whichever is longer, unless the state board provides 7 written notice to the charter school of the state board’s 8 rejection of the expedited renewal within sixty days of the 9 filing of the application. The state board shall not reject 10 an expedited renewal application unless the state board finds 11 exceptional circumstances for the rejection or seeks material 12 changes to the charter school contract. 13 Sec. 16. NEW SECTION . 256E.11 Procedures for charter school 14 closure —— student enrollment. 15 1. Prior to any charter school closure decision, the state 16 board shall develop a charter school closure protocol to ensure 17 timely notice to parents and guardians, provide for the orderly 18 transition of students and student records to new schools, and 19 to provide proper disposition of school funds, property, and 20 assets in accordance with the requirements of this chapter. 21 The protocol shall specify required actions and timelines and 22 identify responsible parties for each such action. 23 2. In the event of a charter school closure, the assets of 24 the charter school shall be used first to satisfy outstanding 25 payroll obligations for employees of the school, then to 26 creditors of the school, then to the public school district in 27 which the charter school operated, if applicable, and then to 28 the state general fund. If the assets of the charter school 29 are insufficient to pay all obligations of the charter school, 30 the prioritization of the distribution of assets shall be 31 consistent with this subsection and otherwise determined by the 32 district court. 33 Sec. 17. NEW SECTION . 256E.12 Reports. 34 1. Each charter school shall prepare and file an annual 35 -31- LSB 1391XL (18) 89 md/jh 31/ 65
S.F. _____ H.F. _____ report with the department. The department shall prescribe 1 by rule the required contents of the report, but each such 2 report shall include information regarding student achievement, 3 including annual academic growth and proficiency, graduation 4 rates, and financial performance and sustainability. The 5 reports are public records and the examination, publication, 6 and dissemination of the reports are governed by the provisions 7 of chapter 22. 8 2. The state board shall prepare and file with the general 9 assembly by December 1, annually, a comprehensive report with 10 findings and recommendations relating to the charter school 11 program in the state and whether the charter school program 12 under this chapter is meeting the goals and purposes of the 13 program. The report also shall contain, for each charter 14 school, a copy of the charter school’s mission statement, 15 attendance statistics and dropout rate, aggregate assessment 16 test scores, projections of financial stability, and the number 17 and qualifications of teachers and administrators. 18 Sec. 18. Section 256F.3, Code 2021, is amended by adding the 19 following new subsection: 20 NEW SUBSECTION . 8A. The state board shall not approve a new 21 charter school under this chapter on or after July 1, 2021. 22 Sec. 19. NEW SECTION . 256F.12 Operation of existing charter 23 schools. 24 Charter schools established under this chapter prior to July 25 1, 2021, shall continue to operate under and be subject to 26 the requirements of this chapter and shall not be subject to 27 chapter 256E. 28 Sec. 20. Section 257.6, subsection 1, paragraph a, Code 29 2021, is amended by adding the following new subparagraph: 30 NEW SUBPARAGRAPH . (9) Resident pupils enrolled in a charter 31 school under chapter 256E or 256F. 32 Sec. 21. Section 257.31, subsection 5, paragraph d, Code 33 2021, is amended to read as follows: 34 d. The closing of a nonpublic school, wholly or in part, or 35 -32- LSB 1391XL (18) 89 md/jh 32/ 65
S.F. _____ H.F. _____ the opening or closing of a pilot charter school. 1 Sec. 22. Section 282.9, subsection 1, Code 2021, is amended 2 to read as follows: 3 1. Notwithstanding sections 275.55A, 256E.7, 256F.4 , 4 275.55A, and 282.18 , or any other provision to the contrary, 5 prior to knowingly enrolling an individual who is required 6 to register as a sex offender under chapter 692A , but who is 7 otherwise eligible to enroll in a public school, the board of 8 directors of a school district shall determine the educational 9 placement of the individual. Upon receipt of notice that a 10 student who is enrolled in the district is required to register 11 as a sex offender under chapter 692A , the board shall determine 12 the educational placement of the student. The tentative agenda 13 for the meeting of the board of directors at which the board 14 will consider such enrollment or educational placement shall 15 specifically state that the board is considering the enrollment 16 or educational placement of an individual who is required 17 to register as a sex offender under chapter 692A . If the 18 individual is denied enrollment in a school district under this 19 section , the school district of residence shall provide the 20 individual with educational services in an alternative setting. 21 Sec. 23. Section 282.18, subsection 4, paragraph b, Code 22 2021, is amended to read as follows: 23 b. For purposes of this section , “good cause” means a change 24 in a child’s residence due to a change in family residence, a 25 change in the state in which the family residence is located, 26 a change in a child’s parents’ marital status, a guardianship 27 or custody proceeding, placement in foster care, adoption, 28 participation in a foreign exchange program, or participation 29 in a substance abuse or mental health treatment program, a 30 change in the status of a child’s resident district such as 31 removal of accreditation by the state board, surrender of 32 accreditation, or permanent closure of a nonpublic school, 33 revocation of a charter school contract as provided in section 34 256E.10 or 256F.8 , the failure of negotiations for a whole 35 -33- LSB 1391XL (18) 89 md/jh 33/ 65
S.F. _____ H.F. _____ grade sharing, reorganization, dissolution agreement or the 1 rejection of a current whole grade sharing agreement, or 2 reorganization plan. If the good cause relates to a change 3 in status of a child’s school district of residence, however, 4 action by a parent or guardian must be taken to file the 5 notification within forty-five days of the last board action 6 or within thirty days of the certification of the election, 7 whichever is applicable to the circumstances. 8 DIVISION III 9 VOLUNTARY DIVERSITY PLANS 10 Sec. 24. Section 256F.4, subsection 2, paragraph a, 11 unnumbered paragraph 1, Code 2021, is amended to read as 12 follows: 13 Meet all applicable federal, state, and local health and 14 safety requirements and laws prohibiting discrimination on the 15 basis of race, creed, color, sex, sexual orientation, gender 16 identity, national origin, religion, ancestry, or disability. 17 A charter school or innovation zone school shall be under this 18 chapter located within the boundaries of a school district 19 subject to any court-ordered desegregation plan in effect 20 for the school district at the time the charter school or 21 innovation zone school application is approved shall be subject 22 to the desegregation order unless otherwise specifically 23 provided for in the desegregation order . 24 Sec. 25. Section 282.18, subsections 3 and 6, Code 2021, are 25 amended to read as follows: 26 3. a. The superintendent of a district subject to a 27 voluntary diversity or court-ordered desegregation plan, as 28 recognized by rule of the state board of education, may deny a 29 request for transfer under this section if the superintendent 30 finds that enrollment or release of a pupil will adversely 31 affect the district’s implementation of the desegregation 32 order or diversity plan , unless the transfer is requested 33 by a pupil whose sibling is already participating in open 34 enrollment to another district, or unless the request for 35 -34- LSB 1391XL (18) 89 md/jh 34/ 65
S.F. _____ H.F. _____ transfer is submitted to the district in a timely manner as 1 required under subsection 2 prior to implementation of the 2 adoption of a desegregation plan order by the district. If a 3 transfer request would facilitate implementation of a voluntary 4 diversity or court-ordered desegregation plan order , the 5 district shall give priority to granting the request over other 6 requests. 7 b. A parent or guardian , whose request has been denied 8 because of the district’s implementation of a the desegregation 9 order or diversity plan, may appeal the decision of the 10 superintendent to the board of the district in which the 11 request was denied. The board may either uphold or overturn 12 the superintendent’s decision. A decision of the board 13 to uphold the denial of the request is subject to appeal 14 to the district court in the county in which the primary 15 business office of the district is located. The state board 16 of education shall adopt rules establishing definitions, 17 guidelines, and a review process for school districts that 18 adopt voluntary diversity plans. The guidelines shall include 19 criteria and standards that school districts must follow 20 when developing a voluntary diversity plan. The department 21 of education shall provide technical assistance to a school 22 district that is seeking to adopt a voluntary diversity plan. 23 A school district implementing a voluntary diversity plan prior 24 to July 1, 2008, shall have until July 1, 2009, to comply with 25 guidelines adopted by the state board pursuant to this section . 26 c. The board of directors of a school district subject 27 to voluntary diversity or court-ordered desegregation shall 28 develop a policy for implementation of open enrollment in 29 the district. The policy shall contain objective criteria 30 for determining when a request would adversely impact the 31 desegregation order or voluntary diversity plan and criteria 32 for prioritizing requests that do not have an adverse impact on 33 the order or plan . 34 6. A request under this section is for a period of not less 35 -35- LSB 1391XL (18) 89 md/jh 35/ 65
S.F. _____ H.F. _____ than one year. If the request is for more than one year and 1 the parent or guardian desires to have the pupil enroll in a 2 different district, the parent or guardian may petition the 3 current receiving district by March 1 of the previous school 4 year for permission to enroll the pupil in a different district 5 for a period of not less than one year. Upon receipt of such a 6 request, the current receiving district board may act on the 7 request to transfer to the other school district at the next 8 regularly scheduled board meeting after the receipt of the 9 request. The new receiving district shall enroll the pupil in 10 a school in the district unless there is insufficient classroom 11 space in the district or unless the district is subject to 12 court-ordered desegregation and enrollment of the pupil would 13 adversely affect the court-ordered or voluntary implementation 14 of the desegregation plan of the district order . A denial of 15 a request to change district enrollment within the approved 16 period is not subject to appeal. However, a pupil who has been 17 in attendance in another district under this section may return 18 to the district of residence and enroll at any time, once the 19 parent or guardian has notified the district of residence and 20 the receiving district in writing of the decision to enroll the 21 pupil in the district of residence. 22 DIVISION IV 23 EDUCATION INFORMATION, PROGRAM STANDARDS, AND FUNDING 24 Sec. 26. Section 22.7, subsection 1, Code 2021, is amended 25 to read as follows: 26 1. Personal information in records regarding a student, 27 prospective student, or former student maintained, created, 28 collected or assembled by or for a school corporation or 29 educational institution maintaining such records. This 30 subsection shall not be construed to prohibit a postsecondary 31 education institution from disclosing to a parent or guardian 32 information regarding a violation of a federal, state, or 33 local law, or institutional rule or policy governing the use 34 or possession of alcohol or a controlled substance if the 35 -36- LSB 1391XL (18) 89 md/jh 36/ 65
S.F. _____ H.F. _____ child is under the age of twenty-one years and the institution 1 determines that the student committed a disciplinary violation 2 with respect to the use or possession of alcohol or a 3 controlled substance regardless of whether that information is 4 contained in the student’s education records. This subsection 5 shall not be construed to prohibit a school corporation or 6 educational institution from transferring student records 7 electronically to the department of education, an accredited 8 nonpublic school, an attendance center, a school district, or 9 an accredited postsecondary institution in accordance with 10 section 256.9, subsection 44 11 . 11 Sec. 27. Section 256.9, subsection 11, Code 2021, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 11. a. Approve, coordinate, and supervise the use of 15 electronic data and information processing by school districts, 16 area education agencies, and merged areas, including the 17 procurement or development of a single, comprehensive, 18 statewide, student information system that is required to be 19 used by all school districts, accredited nonpublic schools, and 20 area education agencies. 21 b. (1) The student information system procured or developed 22 shall be designed for the purpose of establishing standardized 23 electronic data collections and reporting protocols that 24 facilitate compliance with state and federal reporting 25 requirements, improve school-to-school and district-to-district 26 information exchanges, and maintain the confidentiality of 27 individual student and staff data. 28 (2) The system shall provide for the electronic transfer 29 of individual student records between attendance centers, 30 school districts, accredited nonpublic schools, area education 31 agencies, postsecondary institutions, merged areas, and the 32 department. 33 (3) The system shall be designed to ensure compatibility 34 with other information or data management systems used or 35 -37- LSB 1391XL (18) 89 md/jh 37/ 65
S.F. _____ H.F. _____ maintained by postsecondary institutions and merged areas as 1 required by law. 2 c. The director shall, to the extent practicable, establish 3 a uniform coding and reporting system as part of the student 4 information system. 5 d. The department shall pay for the procurement or 6 development of the student information system and shall pay 7 for at least the first year of statewide implementation, after 8 which the cost of operating the system may be funded through 9 the collection of a fee by the department from each school 10 district and accredited nonpublic school. The amount of the 11 fee shall be based on a per-student rate, not to exceed seven 12 dollars per student for the first year of the fee. 13 e. The student information system shall only be used for 14 the purpose of collecting information from school districts, 15 accredited nonpublic schools, and area education agencies 16 required by state or federal law or for preparation of state 17 or federal reports. 18 f. A school district, accredited nonpublic school, or area 19 education agency shall not duplicate the collection of any 20 information in the student information system. 21 Sec. 28. Section 256.9, subsection 44, Code 2021, is amended 22 by striking the subsection. 23 Sec. 29. Section 256.11, subsection 8, Code 2021, is amended 24 by striking the subsection and inserting in lieu thereof the 25 following: 26 8. a. The state board shall establish a flexible student 27 and school support program to be administered by the director. 28 Under the program, upon request of the board of directors of 29 a public school district or the authorities in charge of an 30 accredited nonpublic school, the director may, for a period 31 not to exceed three years, grant the applicable board of 32 directors or the authority in charge of the nonpublic school 33 the ability to use the flexible student and school support 34 program to implement evidence-based practices in innovative 35 -38- LSB 1391XL (18) 89 md/jh 38/ 65
S.F. _____ H.F. _____ ways to enhance student learning, well-being, and postsecondary 1 success. 2 b. Approval to participate in the flexible student and 3 school support program shall exempt the school district or 4 nonpublic school from one or more of the requirements of 5 the educational program specified in subsection 3, 4, or 5, 6 subsection 6, paragraph “b” or “c” , subsection 7, paragraph “b” 7 or “c” , or the minimum school calendar requirements in section 8 279.10, subsection 1. An exemption shall be granted only 9 if the director deems that the request made is an essential 10 part of an educational program to support student learning, 11 well-being, and postsecondary success; is necessary for the 12 success of the program; and is broadly consistent with the 13 intent of the requirements of the educational program specified 14 in subsection 3, 4, or 5, subsection 6, paragraph “b” or “c” , 15 subsection 7, paragraph “b” or “c” , or the minimum school 16 calendar requirements in section 279.10, subsection 1. 17 c. Approval to participate in the flexible student and 18 school support program shall include authority for a school 19 district to use funds from the school district’s flexibility 20 account under section 298A.2, subsection 2, to implement all or 21 part of the flexible student and school support program. 22 d. The application for the flexible student and school 23 support program shall include all of the following and 24 be submitted on forms and in a format prescribed by the 25 department: 26 (1) A description of the proposed educational program, 27 including evidence used to design the program and evidence of 28 involvement of board members, parents, students, community 29 members, and staff in development of the program. 30 (2) Program goals and measures of program effectiveness and 31 success, including student success and performance. 32 (3) A plan for program administration, including the use of 33 personnel, facilities, and funding. 34 (4) A plan for evaluation of the proposed program on at 35 -39- LSB 1391XL (18) 89 md/jh 39/ 65
S.F. _____ H.F. _____ least an annual basis, including a plan for program revisions, 1 if necessary. 2 (5) The estimated financial impact of the program on the 3 school district or nonpublic school. 4 e. Approval to participate in the program does not exempt 5 the school district or nonpublic school from federal law or 6 any other requirements of state law that are not specifically 7 exempted by the director. 8 f. Each school district or nonpublic school approved to 9 participate in the flexible student and school support program 10 shall file an annual report with the department on the status 11 of the program on forms and in a format prescribed by the 12 department. 13 g. Participation in the flexible student and school support 14 program may be renewed for additional periods of years, each 15 not to exceed three years. The director may revoke approval of 16 all or part of any application or approved education program 17 if the annual report or any other information available to 18 the department indicates that conditions no longer warrant 19 use of an exemption or funding from the school district’s 20 flexibility account under section 298A.2, subsection 2. Notice 21 of revocation must be provided by the director to the school 22 district or nonpublic school prior to the beginning of the 23 school year for which participation is revoked. 24 Sec. 30. Section 257.10, subsection 9, paragraph d, Code 25 2021, is amended to read as follows: 26 d. For the budget year beginning July 1, 2009, the use 27 of the funds calculated under this subsection shall comply 28 with the requirements of chapter 284 and shall be distributed 29 to teachers pursuant to section 284.3A . For the budget year 30 beginning July 1, 2010, and succeeding budget years, the use 31 of the funds calculated under this subsection shall comply 32 with the requirements of chapter 284 and shall be distributed 33 to teachers pursuant to section 284.3A . If all teacher 34 compensation requirements of chapter 284 for the school 35 -40- LSB 1391XL (18) 89 md/jh 40/ 65
S.F. _____ H.F. _____ district are met and funds received under this subsection 1 remain unexpended and unobligated at the end of a fiscal year 2 beginning on or after July 1, 2020, the school district may 3 transfer all or a portion of such unexpended and unobligated 4 funds for deposit in the school district’s flexibility account 5 established under section 298A.2, subsection 2. 6 Sec. 31. Section 257.10, subsection 12, paragraph d, Code 7 2021, is amended to read as follows: 8 d. For the budget year beginning July 1, 2014, and 9 succeeding budget years, the use of the funds calculated under 10 this subsection shall comply with the requirements of chapter 11 284 and shall be distributed to teachers pursuant to section 12 284.15 . The funds shall be used only to increase the payment 13 for a teacher assigned to a leadership role pursuant to a 14 framework or comparable system approved pursuant to section 15 284.15 ; to increase the percentages of teachers assigned to 16 leadership roles; to increase the minimum teacher starting 17 salary to thirty-three thousand five hundred dollars; to 18 cover the costs for the time mentor and lead teachers are 19 not providing instruction to students in a classroom; for 20 coverage of a classroom when an initial or career teacher 21 is observing or co-teaching with a teacher assigned to a 22 leadership role; for professional development time to learn 23 best practices associated with the career pathways leadership 24 process; and for other costs associated with a framework or 25 comparable system approved by the department of education under 26 section 284.15 with the goals of improving instruction and 27 elevating the quality of teaching and student learning. If 28 all requirements for the school district for the use of funds 29 calculated under this subsection are met and funds received 30 under this subsection remain unexpended and unobligated at 31 the end of a fiscal year beginning on or after July 1, 2020, 32 the school district may transfer all or a portion of such 33 unexpended and unobligated funds for deposit in the school 34 district’s flexibility account established under section 35 -41- LSB 1391XL (18) 89 md/jh 41/ 65
S.F. _____ H.F. _____ 298A.2, subsection 2. 1 Sec. 32. Section 298A.2, subsection 2, paragraph a, Code 2 2021, is amended by adding the following new subparagraphs: 3 NEW SUBPARAGRAPH . (4) Teacher salary supplement funds 4 received under section 257.10, subsection 9. 5 NEW SUBPARAGRAPH . (5) Teacher leadership supplement funds 6 received under section 257.10, subsection 12. 7 Sec. 33. Section 298A.2, subsection 2, paragraph c, Code 8 2021, is amended by adding the following new subparagraph: 9 NEW SUBPARAGRAPH . (8) An approved flexible student and 10 school support program under section 256.11, subsection 8. 11 DIVISION V 12 EDUCATION TAX CREDITS AND DEDUCTIONS 13 Sec. 34. Section 422.7, subsection 55, Code 2021, is amended 14 to read as follows: 15 55. A taxpayer who is an eligible educator as defined 16 in section 62(d)(1) of the Internal Revenue Code is allowed 17 to take the deduction for subtract, to the extent included, 18 certain expenses of elementary and secondary school teachers 19 allowed as described under section 62(a)(2)(D) of the Internal 20 Revenue Code , as amended by the federal Emergency Economic 21 Stabilization Act of 2008, Pub. L. No. 110-343, in computing 22 net income for state tax purposes , not to exceed five hundred 23 dollars . 24 Sec. 35. Section 422.12, subsection 1, Code 2021, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . 0c. “Private instruction” means independent 27 private instruction as defined in section 299A.1, subsection 28 2, paragraph “b” , competent private instruction under section 29 299A.2, or private instruction by a nonlicensed person under 30 section 299A.3. 31 Sec. 36. Section 422.12, subsection 2, paragraph b, Code 32 2021, is amended to read as follows: 33 b. (1) A tuition credit equal to twenty-five fifty percent 34 of the first one two thousand dollars which the taxpayer has 35 -42- LSB 1391XL (18) 89 md/jh 42/ 65
S.F. _____ H.F. _____ paid to others for each dependent in grades kindergarten 1 through twelve, for tuition and textbooks of each dependent in 2 receiving private instruction or attending an elementary or 3 secondary school situated in Iowa, which school is accredited 4 or approved under section 256.11 , which is not operated for 5 profit, and which adheres to the provisions of the federal 6 Civil Rights Act of 1964 and chapter 216 . Notwithstanding 7 any other provision, all other credits allowed under this 8 subsection shall be deducted before the tuition credit under 9 this paragraph. The department, when conducting an audit of 10 a taxpayer’s return, shall also audit the tuition tax credit 11 portion of the tax return. 12 (2) Any credit allowed under this paragraph in excess 13 of the tax liability is refundable. In lieu of claiming a 14 refund, the taxpayer may elect to have the overpayment shown 15 on the taxpayer’s final, completed return credited to the tax 16 liability for the following tax year. 17 Sec. 37. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 Sec. 38. RETROACTIVE APPLICABILITY. This division of this 20 Act applies retroactively to January 1, 2021, for tax years 21 beginning on or after that date. 22 DIVISION VI 23 STUDENT ENROLLMENT 24 Sec. 39. Section 257.6, subsection 1, paragraph a, 25 unnumbered paragraph 1, Code 2021, is amended to read as 26 follows: 27 Actual enrollment is determined annually by calculating the 28 average of the sum of all of the following on October 1, or the 29 first Monday in October if October 1 falls on a Saturday or 30 Sunday, and includes all of the following and the sum of all 31 of the following on April 1 immediately preceding the October 32 determination, or the first Monday in April if April 1 falls 33 on a Saturday or Sunday : 34 Sec. 40. Section 257.6, subsection 3, Code 2021, is amended 35 -43- LSB 1391XL (18) 89 md/jh 43/ 65
S.F. _____ H.F. _____ to read as follows: 1 3. Additional enrollment because of special education. 2 a. A school district shall determine its additional 3 enrollment because of special education, as defined in this 4 section , by November 1 of each year , or by the first Monday in 5 November if November 1 falls on a Saturday or Sunday, and shall 6 certify its additional enrollment because of special education 7 to the department of education by November 15 of each year, and 8 the department shall promptly forward the information to the 9 department of management. 10 b. For the purposes of this chapter , “additional enrollment 11 because of special education” is determined by calculating the 12 average of the following: 13 (1) An amount determined by multiplying the weighting of 14 each category of child under section 256B.9 times the number of 15 children in each category totaled for all categories minus the 16 total number of children in all categories , as determined on 17 May 1 immediately preceding the November determination under 18 subparagraph (2), or the first Monday in May if May 1 falls on a 19 Saturday or Sunday . 20 (2) An amount determined by multiplying the weighting of 21 each category of child under section 256B.9 times the number 22 of children in each category totaled for all categories minus 23 the total number of children in all categories, as determined 24 on November 1 of each year, or the first Monday in November if 25 November 1 falls on a Saturday or Sunday. 26 Sec. 41. Section 257.6, subsection 5, paragraph a, Code 27 2021, is amended to read as follows: 28 a. Weighted enrollment is the budget enrollment plus the 29 district’s additional enrollment because of special education 30 calculated by in November 1 of the base year under subsection 31 3 plus additional pupils added due to the application of the 32 supplementary weighting as determined under subsection 5A . 33 Sec. 42. Section 257.6, Code 2021, is amended by adding the 34 following new subsection: 35 -44- LSB 1391XL (18) 89 md/jh 44/ 65
S.F. _____ H.F. _____ NEW SUBSECTION . 5A. Pupils added due to application of 1 supplementary weighting. 2 a. A school district shall determine its pupils added due 3 to application of supplementary weighting by October 1 of each 4 year, or by the first Monday in October if October 1 falls on a 5 Saturday or Sunday, and shall certify its pupils added due to 6 the application of supplementary weighting to the department 7 of education by October 15 of each year, and the department 8 shall promptly forward the information to the department of 9 management. 10 b. For the purposes of this chapter, “pupils added due 11 to application of supplementary weighting” is determined by 12 calculating the average of the following: 13 (1) The sum of the number of additional pupils assigned 14 to a student or to the school district under section 257.11, 15 280.4, or other provision of law providing for supplementary 16 weighting, but excluding those under subsection 1, as 17 determined on April 1 immediately preceding the October 18 determination under subparagraph (2), or the first Monday in 19 April if April 1 falls on a Saturday or Sunday. 20 (2) The sum of the number of additional pupils assigned 21 to a student or to the school district under section 257.11, 22 280.4, or other provision of law providing for supplementary 23 weighting, but excluding those under subsection 1, as 24 determined on October 1 of each year, or the first Monday in 25 October if October 1 falls on a Saturday or Sunday. 26 Sec. 43. Section 261E.7, subsection 1, unnumbered paragraph 27 1, Code 2021, is amended to read as follows: 28 Not later than June 30 of each year, a school district 29 shall pay a tuition reimbursement amount to a postsecondary 30 institution that has enrolled its resident eligible 31 students under this chapter , unless the eligible student is 32 participating in open enrollment under section 282.18 , in 33 which case, the tuition reimbursement amount shall be paid 34 by the receiving district. However, if a child’s residency 35 -45- LSB 1391XL (18) 89 md/jh 45/ 65
S.F. _____ H.F. _____ changes during a school year, the tuition shall be paid by the 1 district in which the child was enrolled as of the October 2 date specified in section 257.6, subsection 1 , paragraph “a” , 3 or the district in which the child was counted under section 4 257.6, subsection 1 , paragraph “a” , subparagraph (6) , as of 5 the October date specified in section 257.6, subsection 1, 6 paragraph “a” . For students enrolled at the Iowa school for the 7 deaf and the Iowa braille and sight saving school, the state 8 board of regents shall pay a tuition reimbursement amount by 9 June 30 of each year. The amount of tuition reimbursement for 10 each separate course shall equal the lesser of: 11 Sec. 44. Section 273.5, subsection 5, Code 2021, is amended 12 to read as follows: 13 5. Provide Annually provide each school district within 14 the area served and the department of education with a special 15 education weighted enrollment count, including the additional 16 enrollment because of special education for December 1 of each 17 year . 18 Sec. 45. Section 279.60, subsection 1, Code 2021, is amended 19 to read as follows: 20 1. Each school district shall administer the teaching 21 strategies gold early childhood assessment to every resident 22 prekindergarten or four-year-old child whose parent or guardian 23 enrolls the child in the district, and shall administer a valid 24 and reliable universal screening instrument, as prescribed by 25 the department of education, to every kindergarten student 26 enrolled in the district not later than the October date 27 specified in section 257.6, subsection 1 , paragraph “a” . The 28 assessment shall be aligned with state early learning standards 29 and preschool programs shall be encouraged to administer the 30 assessment at least at the beginning and end of the preschool 31 program, with the assessment information entered into the 32 statewide longitudinal data system. The department shall work 33 to develop agreements with head start programs to incorporate 34 similar information about four-year-old children served by head 35 -46- LSB 1391XL (18) 89 md/jh 46/ 65
S.F. _____ H.F. _____ start into the statewide longitudinal data system. 1 Sec. 46. Section 282.12, subsection 4, Code 2021, is amended 2 to read as follows: 3 4. The number of pupils participating in a whole grade 4 sharing agreement shall be determined on the October date 5 specified in section 257.6, subsection 1 , paragraph “a” , and on 6 the second Friday of January of each year. 7 Sec. 47. Section 282.18, subsection 4, paragraph a, Code 8 2021, is amended to read as follows: 9 a. After March 1 of the preceding school year and until 10 the October date specified in section 257.6, subsection 1 , 11 paragraph “a” , the parent or guardian shall send notification 12 to the district of residence and the receiving district, on 13 forms prescribed by the department of education, that good 14 cause, as defined in paragraph “b” , exists for failure to meet 15 the March 1 deadline. The board of directors of a receiving 16 school district may adopt a policy granting the superintendent 17 of the school district authority to approve open enrollment 18 applications submitted after the March 1 deadline. The board 19 of the receiving district shall take action to approve the 20 request if good cause exists. If the request is granted, 21 the board shall transmit a copy of the form to the parent or 22 guardian and the school district of residence within five days 23 after board action. A denial of a request by the board of a 24 receiving district is not subject to appeal. 25 Sec. 48. EFFECTIVE DATE. This division of this Act, being 26 deemed of immediate importance, takes effect upon enactment. 27 Sec. 49. APPLICABILITY. This division of this Act applies 28 to actual enrollment determinations for school budget years 29 beginning on or after the effective date of this division of 30 this Act. 31 DIVISION VII 32 OPEN ENROLLMENT 33 Sec. 50. Section 282.18, subsection 4, paragraphs a and b, 34 Code 2021, are amended to read as follows: 35 -47- LSB 1391XL (18) 89 md/jh 47/ 65
S.F. _____ H.F. _____ a. After March 1 of the preceding school year and until 1 the date specified in section 257.6, subsection 1 , the 2 parent or guardian shall send notification to the district of 3 residence and the receiving district, on forms prescribed by 4 the department of education, that good cause, as defined in 5 paragraph “b” , exists for failure to meet the March 1 deadline. 6 However, notifications of good cause based on significant need 7 for improvement must be filed on or before April 15. The board 8 of directors of a receiving school district may adopt a policy 9 granting the superintendent of the school district authority to 10 approve open enrollment applications submitted after the March 11 1 deadline. The board of the receiving district shall take 12 action to approve the request if good cause exists. If the 13 request is granted, the board shall transmit a copy of the form 14 to the parent or guardian and the school district of residence 15 within five days after board action. A denial of a request by 16 the board of a receiving district is not subject to appeal. 17 b. For purposes of this section , “good cause” : 18 (1) “Good cause” means a change in a child’s residence due 19 to a change in family residence, a change in the state in which 20 the family residence is located, a change in a child’s parents’ 21 marital status, a guardianship or custody proceeding, placement 22 in foster care, adoption, participation in a foreign exchange 23 program, or participation in a substance abuse or mental 24 health treatment program, a change in the status of a child’s 25 resident district such as removal of accreditation by the state 26 board, surrender of accreditation, or permanent closure of a 27 nonpublic school, revocation of a charter school contract as 28 provided in section 256F.8 , the failure of negotiations for a 29 whole grade sharing, reorganization, dissolution agreement , 30 or the rejection of a current whole grade sharing agreement, 31 or reorganization plan , or if the child’s assigned attendance 32 center in the district of residence is identified as in 33 significant need for improvement . If the good cause relates to 34 a change in status of a child’s school district of residence, 35 -48- LSB 1391XL (18) 89 md/jh 48/ 65
S.F. _____ H.F. _____ however, action by a parent or guardian must be taken to file 1 the notification within forty-five days of the last board 2 action or within thirty days of the certification of the 3 election, whichever is applicable to the circumstances. 4 (2) “Significant need for improvement” means a school 5 attendance center designated by the department of education 6 under the priority category under the Iowa school performance 7 profiles for two or more of the immediately preceding school 8 years or identified for comprehensive support and improvement 9 under the federal Every Student Succeeds Act, Pub. L. No. 10 114-95, for two or more of the immediately preceding school 11 years. 12 Sec. 51. Section 282.18, subsection 5, Code 2021, is amended 13 to read as follows: 14 5. Open enrollment applications filed after March 1 15 of the preceding school year that do not qualify for good 16 cause as provided in subsection 4 shall be subject to the 17 approval of the board of the resident district and the board 18 of the receiving district. The parent or guardian shall send 19 notification to the district of residence and the receiving 20 district that the parent or guardian seeks to enroll the 21 parent’s or guardian’s child in the receiving district. A 22 decision of either board to deny an application filed under 23 this subsection involving repeated acts of harassment of the 24 student that the resident district cannot adequately address, a 25 consistent failure of the district to reasonably respond to a 26 student’s failure to meet basic academic standards after notice 27 provided by a parent or guardian, or a serious health condition 28 of the student that the resident district cannot adequately 29 address is subject to appeal under section 290.1 . The state 30 board shall adopt by rule the criteria for determining a 31 district’s consistent failure to reasonably respond to a 32 student’s failure to meet basic academic standards and shall 33 exercise broad discretion to achieve just and equitable 34 results that are in the best interest of the affected child or 35 -49- LSB 1391XL (18) 89 md/jh 49/ 65
S.F. _____ H.F. _____ children. 1 Sec. 52. Section 282.18, subsection 10, paragraphs b and c, 2 Code 2021, are amended to read as follows: 3 b. A receiving district may send school vehicles into the 4 district of residence of the pupil using the open enrollment 5 option under this section , for the purpose of transporting the 6 pupil to and from school in the receiving district, if the 7 boards of both the sending and receiving districts agree to 8 this arrangement districts are contiguous . 9 c. If the pupil meets the economic eligibility requirements 10 established by the department and state board of education, the 11 sending district is responsible for providing transportation 12 or paying the pro rata cost of the transportation to a parent 13 or guardian for transporting the pupil to and from a point 14 on a regular school bus route of a contiguous receiving 15 district unless the cost of providing transportation or the 16 pro rata cost of the transportation to a parent or guardian 17 exceeds the average transportation cost per pupil transported 18 for the previous school year in the district. The economic 19 eligibility requirements established by the department of 20 education and state board of education shall minimally include 21 those pupils with household incomes of two hundred percent 22 or less of the federal poverty level as defined by the most 23 recently revised poverty income guidelines published by the 24 United States department of health and human services. If 25 the cost exceeds the average transportation cost per pupil 26 transported for the previous school year, the sending district 27 shall only be responsible for that average per pupil amount. 28 A sending district which provides transportation for a pupil 29 to a contiguous receiving district under this subsection may 30 withhold, from the district cost per pupil amount that is to 31 be paid to the receiving district, an amount which represents 32 the average or pro rata cost per pupil for transportation, 33 whichever is less. 34 Sec. 53. Section 282.18, subsection 11, Code 2021, is 35 -50- LSB 1391XL (18) 89 md/jh 50/ 65
S.F. _____ H.F. _____ amended to read as follows: 1 11. a. A pupil who participates in open enrollment for 2 purposes of attending a grade in grades nine through twelve 3 in a school district other than the district of residence is 4 ineligible to or who has paid tuition and attended school, or 5 has attended school pursuant to a mutual agreement between 6 the two districts in a district other than the pupil’s 7 district of residence, may participate immediately in varsity 8 interscholastic athletic contests and athletic competitions 9 during the pupil’s first ninety school days of upon enrollment 10 in the district. However, a pupil may participate immediately 11 in a varsity interscholastic sport under any of the following 12 circumstances: 13 (1) If the pupil is entering grade nine for the first 14 time and did not participate in an interscholastic athletic 15 competition for another school or school district during the 16 summer immediately following eighth grade. 17 (2) If the district of residence and the other school 18 district jointly participate in the sport. 19 (3) If the sport in which the pupil wishes to participate is 20 not offered in the district of residence. 21 (4) If the pupil chooses to use open enrollment to attend 22 school in another school district because the district in which 23 the student previously attended school was dissolved and merged 24 with one or more contiguous school districts under section 25 256.11, subsection 12 . 26 (5) If the pupil participates in open enrollment because the 27 pupil’s district of residence has entered into a whole grade 28 sharing agreement with another district for the pupil’s grade. 29 (6) If the parent or guardian of the pupil participating 30 in open enrollment is an active member of the armed forces and 31 resides in permanent housing on government property provided by 32 a branch of the armed services. 33 (7) If the district of residence determines that the pupil 34 was previously subject to a founded incident of harassment or 35 -51- LSB 1391XL (18) 89 md/jh 51/ 65
S.F. _____ H.F. _____ bullying as defined in section 280.28 while attending school 1 in the district of residence. 2 b. A pupil who has paid tuition and attended school, or 3 has attended school pursuant to a mutual agreement between the 4 two districts, in a district other than the pupil’s district 5 of residence for at least one school year is also eligible to 6 participate immediately