Bill Text: IA SSB3157 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to education by establishing a right of first refusal for charter schools to purchase or lease school district property and modifying charter school and open enrollment funding, charter school board member requirements, and the school start date.(See SF 2368.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-14 - Committee report approving bill, renumbered as SF 2368. [SSB3157 Detail]
Download: Iowa-2023-SSB3157-Introduced.html
Senate
Study
Bill
3157
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
education
by
establishing
a
right
of
1
first
refusal
for
charter
schools
to
purchase
or
lease
2
school
district
property
and
modifying
charter
school
3
and
open
enrollment
funding,
charter
school
board
member
4
requirements,
and
the
school
start
date.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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DIVISION
I
1
FUNDING
FORMULA
2
Section
1.
Section
256E.8,
subsection
2,
paragraph
a,
Code
3
2024,
is
amended
to
read
as
follows:
4
a.
The
charter
school
in
which
the
student
is
enrolled
5
shall
receive
under
paragraph
“c”
an
amount
equal
to
the
sum
6
of
the
regular
program
state
cost
per
pupil
for
the
previous
7
school
budget
year
plus
the
teacher
leadership
supplement
state
8
cost
per
pupil
,
the
teacher
salary
supplement
cost
per
pupil,
9
the
professional
development
supplement
state
cost
per
pupil,
10
and
the
early
intervention
supplement
state
cost
per
pupil
11
for
the
previous
fiscal
budget
year
as
provided
in
section
12
257.9
plus
any
moneys
received
by
that
would
be
due
to
the
13
school
district
of
residence
for
the
student
as
a
result
of
the
14
non-English
speaking
weighting
under
section
280.4,
subsection
15
3
,
for
the
previous
school
budget
year
multiplied
by
the
state
16
cost
per
pupil
for
the
previous
budget
year.
If
a
student
is
17
an
eligible
pupil
under
section
261E.6
,
the
charter
school
18
shall
pay
the
tuition
reimbursement
amount
to
an
eligible
19
postsecondary
institution
as
provided
in
section
261E.7
.
20
Sec.
2.
Section
282.18,
subsection
5,
paragraph
b,
21
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
22
(1)
The
board
of
directors
of
the
district
of
residence
23
shall
pay
to
the
receiving
district
the
sum
of
the
state
cost
24
per
pupil
for
the
previous
school
budget
year
plus
either
the
25
teacher
leadership
supplement
state
cost
per
pupil
,
the
teacher
26
salary
supplement
cost
per
pupil,
the
professional
development
27
supplement
state
cost
per
pupil,
and
the
early
intervention
28
supplement
state
cost
per
pupil
for
the
previous
fiscal
budget
29
year
as
provided
in
section
257.9
or
the
teacher
leadership
30
supplement
foundation
aid
for
the
previous
fiscal
year
as
31
provided
in
section
284.13,
subsection
1
,
paragraph
“d”
,
if
32
both
the
district
of
residence
and
the
receiving
district
are
33
receiving
such
supplements
,
plus
any
moneys
received
that
would
34
be
due
to
the
school
district
of
residence
for
the
pupil
as
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a
result
of
the
non-English
speaking
weighting
under
section
1
280.4,
subsection
3
,
for
the
previous
school
budget
year
2
multiplied
by
the
state
cost
per
pupil
for
the
previous
budget
3
year.
If
the
pupil
participating
in
open
enrollment
is
also
4
an
eligible
pupil
under
section
261E.6
,
the
receiving
district
5
shall
pay
the
tuition
reimbursement
amount
to
an
eligible
6
postsecondary
institution
as
provided
in
section
261E.7
.
7
DIVISION
II
8
SCHOOL
DISTRICT
PROPERTY
9
Sec.
3.
Section
256E.7,
subsection
1,
Code
2024,
is
amended
10
by
adding
the
following
new
paragraphs:
11
NEW
PARAGRAPH
.
j.
Purchase
or
lease
underutilized
property
12
or
vacant
property
pursuant
to
a
right
of
first
refusal
granted
13
by
the
board
of
directors
of
a
school
district
under
section
14
297.24,
subsection
3.
15
NEW
PARAGRAPH
.
k.
Access
underutilized
property
or
vacant
16
property
owned
by
a
school
district
pursuant
to
section
279.39,
17
subsection
2.
18
Sec.
4.
Section
278.1,
subsection
1,
paragraph
b,
Code
2024,
19
is
amended
to
read
as
follows:
20
b.
Except
when
restricted
by
section
297.24
or
297.25
,
21
direct
the
sale,
lease,
or
other
disposition
of
any
schoolhouse
22
or
school
site
or
other
property
belonging
to
the
corporation,
23
and
the
application
to
be
made
of
the
proceeds
thereof.
24
However,
nothing
in
this
section
shall
not
be
construed
25
to
prevent
the
sale,
lease,
exchange,
gift,
or
grant
and
26
acceptance
of
any
interest
in
real
or
other
property
of
the
27
corporation
to
the
extent
authorized
in
section
297.22
or
28
297.24
.
29
Sec.
5.
Section
279.39,
Code
2024,
is
amended
to
read
as
30
follows:
31
279.39
School
buildings
——
reasonable
access
for
charter
32
schools
.
33
1.
The
board
of
any
school
corporation
directors
of
a
34
school
district
shall
establish
attendance
centers
and
provide
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suitable
buildings
for
each
school
in
the
district
and
may
1
at
the
regular
or
a
special
meeting
resolve
to
submit
to
the
2
registered
voters
of
the
district
at
an
election
held
on
a
date
3
specified
in
section
39.2,
subsection
4
,
the
question
of
voting
4
a
tax
or
authorizing
the
board
to
issue
bonds,
or
both.
5
2.
The
board
of
directors
of
a
school
district
shall
allow
6
charter
schools
established
under
chapter
256E
reasonable
7
access
to
underutilized
property
and
vacant
property,
as
those
8
terms
are
defined
in
section
297.24,
for
educational
purposes.
9
Sec.
6.
Section
297.22,
Code
2024,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
4.
The
provisions
in
subsections
1
through
12
3
relating
to
the
sale
or
lease
of
school
district
property
do
13
not
apply
to
underutilized
property
or
vacant
property
that
the
14
board
of
directors
of
a
school
district
sells
or
leases
to
a
15
charter
school
pursuant
to
section
297.24.
16
Sec.
7.
NEW
SECTION
.
297.23
Publication
of
information
17
related
to
real
property.
18
The
board
of
directors
of
a
school
district
shall
publish
19
information
related
to
all
of
the
following
on
the
school
20
district’s
internet
site:
21
1.
The
square
footage
of
each
school
building
owned
by
the
22
school
district.
23
2.
The
enrollment
capacity
of
each
attendance
center
owned
24
by
the
school
district.
25
3.
How
each
school
building
owned
by
the
school
district
is
26
currently
utilized
by
the
school
district.
27
4.
School
buildings
owned
by
the
school
district
that
are
28
vacant.
29
Sec.
8.
NEW
SECTION
.
297.24
Real
property
——
sale
to
other
30
schools
——
right
of
first
refusal
for
charter
schools.
31
1.
For
purposes
of
this
section:
32
a.
“Underutilized
property”
means
real
property
owned
by
33
the
school
district
that
the
school
district
has
determined
is
34
not
being
used
to
the
fullest
extent
reasonably
possible
by
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the
school
district
because
the
school
district
uses
the
real
1
property
irregularly
or
intermittently
or
because
the
school
2
district
uses
the
real
property
for
purposes
that
only
require
3
a
portion
of
the
real
property.
4
b.
“Vacant
property”
means
real
property
owned
by
the
5
school
district
that
the
school
district
has
determined
is
not
6
occupied
by
the
school
district
or
is
not
being
put
to
use
by
7
the
school
district.
8
2.
The
board
of
directors
of
a
school
district
shall
not
9
enter
into
any
agreement
that
prohibits
the
sale
of
real
10
property
to
any
of
the
following:
11
a.
A
school
district.
12
b.
An
accredited
nonpublic
school.
13
c.
A
charter
school
established
pursuant
to
chapter
256E.
14
d.
A
charter
school
or
innovation
zone
school
established
15
pursuant
to
chapter
256F.
16
e.
The
state
board
of
regents.
17
f.
An
institution
of
higher
education
under
the
control
of
18
the
state
board
of
regents.
19
g.
An
accredited
private
institution
as
defined
in
section
20
256.183.
21
h.
An
eligible
institution
as
defined
in
section
256.183.
22
3.
The
board
of
directors
of
a
school
district
shall
23
give
a
right
of
first
refusal
to
an
existing
charter
school
24
established
pursuant
to
chapter
256E
that
is
located
within
the
25
school
district
to
purchase
or
lease
underutilized
property
and
26
vacant
property
that
the
school
district
is
offering
to
sell
or
27
lease.
28
4.
Subsection
3
shall
be
construed
as
independent
of
29
the
power
vested
in
the
electors
by
section
278.1,
and
as
30
additional
to
such
power.
If
a
board
of
directors
of
a
31
school
district
has
exercised
its
independent
power
under
32
subsection
3
regarding
the
granting
of
a
right
of
first
33
refusal
to
an
existing
charter
school
established
pursuant
to
34
chapter
256E
that
is
located
within
the
school
district
to
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purchase
or
lease
underutilized
property
or
vacant
property,
1
and
has
by
resolution
approved
such
action,
the
electors
2
shall
not
subsequently
proceed
to
exercise
their
power
under
3
section
278.1
for
a
purpose
directly
contrary
to
the
action
4
previously
approved
by
the
board
of
directors
in
accordance
5
with
subsection
3.
6
Sec.
9.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
3,
7
shall
not
apply
to
this
division
of
this
Act.
8
DIVISION
III
9
SCHOOL
START
DATE
10
Sec.
10.
Section
279.10,
subsection
1,
Code
2024,
is
amended
11
to
read
as
follows:
12
1.
The
school
year
for
each
school
district
and
accredited
13
nonpublic
school
shall
begin
on
July
1
and
the
school
calendar
14
shall
begin
no
sooner
than
August
23
the
first
Tuesday
15
following
the
final
day
of
the
Iowa
state
fair
and
no
later
16
than
the
first
Monday
in
December.
The
school
calendar
shall
17
include
not
less
than
one
hundred
eighty
days
or
one
thousand
18
eighty
hours
of
instruction
during
the
calendar
year,
of
which
19
not
more
than
five
days
or
thirty
hours
of
instruction
may
20
be
delivered
primarily
over
the
internet
except
as
otherwise
21
provided
in
section
256.43
or
in
rules
adopted
by
the
state
22
board
of
education
pursuant
to
section
256.7,
subsection
32
.
23
The
board
of
directors
of
a
school
district
and
the
authorities
24
in
charge
of
an
accredited
nonpublic
school
shall
determine
the
25
school
start
date
for
the
school
calendar
in
accordance
with
26
this
subsection
and
shall
set
the
number
of
days
or
hours
of
27
required
attendance
for
the
school
year
as
provided
in
section
28
299.1,
subsection
2
,
but
the
board
of
directors
of
a
school
29
district
shall
hold
a
public
hearing
on
any
proposed
school
30
calendar
prior
to
adopting
the
school
calendar.
If
the
board
31
of
directors
of
a
district
or
the
authorities
in
charge
of
an
32
accredited
nonpublic
school
extends
the
school
calendar
because
33
inclement
weather
caused
the
school
district
or
accredited
34
nonpublic
school
to
temporarily
close
during
the
regular
school
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calendar,
the
school
district
or
accredited
nonpublic
school
1
may
excuse
a
graduating
senior
who
has
met
district
or
school
2
requirements
for
graduation
from
attendance
during
the
extended
3
school
calendar.
A
school
corporation
may
begin
employment
4
of
personnel
for
in-service
training
and
development
purposes
5
before
the
date
to
begin
elementary
and
secondary
school.
6
DIVISION
IV
7
CHARTER
SCHOOLS
——
BOARD
MEMBER
RESIDENCE
8
Sec.
11.
Section
256E.7,
subsection
11,
Code
2024,
is
9
amended
to
read
as
follows:
10
11.
A
majority
of
the
membership
of
each
charter
school’s
11
governing
board
shall
be
residents
of
the
geographic
area
12
served
by
the
charter
school.
Each
member
of
the
governing
13
board
who
is
not
a
resident
of
the
geographic
area
served
by
14
the
charter
school
must
be
a
resident
of
this
state.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
education
by
establishing
a
right
19
of
first
refusal
for
charter
schools
to
purchase
or
lease
20
school
district
property
and
modifying
charter
school
and
open
21
enrollment
funding,
charter
school
board
member
requirements,
22
and
the
school
start
date.
23
DIVISION
I
——
FUNDING
FORMULA.
The
bill
requires
the
24
department
of
education,
when
a
student
enrolls
in
a
charter
25
school,
to
pay
the
charter
school
a
sum
equal
to
the
regular
26
program
state
cost
per
pupil
for
the
budget
year
plus
the
27
teacher
leadership
supplement
state
cost
per
pupil,
the
teacher
28
salary
supplement
cost
per
pupil,
the
professional
development
29
supplement
state
cost
per
pupil,
and
the
early
intervention
30
supplement
state
cost
per
pupil
for
the
budget
year,
plus
any
31
moneys
that
would
be
due
to
the
student’s
school
district
of
32
residence
as
a
result
of
non-English
speaking
weighting
for
the
33
budget
year,
multiplied
by
the
state
cost
per
pupil
for
the
34
budget
year.
Under
current
law,
the
department
of
education
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only
pays
the
state
cost
per
pupil,
teacher
leadership
1
supplement,
and
non-English
speaking
weighting
based
on
the
2
previous
year
as
multiplied
by
the
state
cost
per
pupil
based
3
on
the
previous
year
to
a
charter
school
in
which
a
student
4
enrolls.
The
bill
contains
similar
provisions
for
a
school
5
district
of
residence’s
payments
to
a
school
in
which
a
pupil
6
open
enrolls.
7
DIVISION
II
——
SCHOOL
DISTRICT
PROPERTY.
The
bill
requires
8
the
board
of
directors
of
a
school
district
to
allow
charter
9
schools
reasonable
access
to
underutilized
property
and
vacant
10
property
for
educational
purposes.
The
bill
also
requires
the
11
board
of
directors
of
a
school
district
to
publish
information
12
related
to
the
square
footage
of
each
school
building
owned
by
13
the
school
district,
the
enrollment
capacity
of
each
attendance
14
center
owned
by
the
school
district,
how
each
school
building
15
owned
by
the
school
district
is
currently
utilized
by
the
16
school
district,
and
school
buildings
owned
by
the
school
17
district
that
are
vacant
on
the
school
district’s
internet
18
site.
19
The
bill
prohibits
the
board
of
directors
of
a
school
20
district
from
entering
into
any
agreement
that
prohibits
the
21
sale
of
real
property
to
a
school
district,
an
accredited
22
nonpublic
school,
a
charter
school,
an
innovation
zone
school,
23
the
state
board
of
regents,
an
institution
of
higher
education
24
under
the
control
of
the
state
board
of
regents,
or
certain
25
private
colleges
and
universities.
26
The
bill
requires
the
board
of
directors
of
a
school
district
27
to
give
a
right
of
first
refusal
to
an
existing
charter
school
28
established
pursuant
to
Code
chapter
256E
that
is
located
29
within
the
school
district
to
purchase
or
lease
underutilized
30
property
and
vacant
property.
The
bill
provides
that
this
31
provision
is
to
be
construed
as
independent
of
the
power
vested
32
in
the
electors
by
Code
section
278.1
(power
of
electors),
and
33
as
additional
to
such
power.
The
bill
also
provides
that
if
34
a
board
of
directors
of
a
school
district
has
exercised
its
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independent
power
under
this
provision,
and
has
by
resolution
1
approved
such
action,
the
electors
shall
not
subsequently
2
proceed
to
exercise
their
power
under
Code
section
278.1
for
3
a
purpose
directly
contrary
to
the
action
previously
approved
4
by
the
board
of
directors.
The
bill
defines
“underutilized
5
property”
as
real
property
owned
by
the
school
district
that
6
the
school
district
has
determined
is
not
being
used
to
the
7
fullest
extent
reasonably
possible
by
the
school
district
8
because
the
school
district
uses
the
real
property
irregularly
9
or
intermittently
or
because
the
school
district
uses
the
real
10
property
for
purposes
that
only
require
a
portion
of
the
real
11
property.
The
bill
defines
“vacant
property”
as
real
property
12
owned
by
the
school
district
that
the
school
district
has
13
determined
is
not
occupied
by
the
school
district
or
is
not
14
being
put
to
use
by
the
school
district.
15
The
division
may
include
a
state
mandate
as
defined
in
Code
16
section
25B.3.
The
division
makes
inapplicable
Code
section
17
25B.2,
subsection
3,
which
would
relieve
a
school
district
18
from
complying
with
a
state
mandate
if
funding
for
the
cost
of
19
the
state
mandate
is
not
provided
or
specified.
Therefore,
20
school
districts
are
required
to
comply
with
any
state
mandate
21
included
in
the
division.
22
DIVISION
III
——
SCHOOL
START
DATE.
Current
law
provides
23
that
the
school
calendar
for
school
districts
and
accredited
24
nonpublic
schools
shall
begin
no
sooner
than
August
23.
The
25
bill
provides
that
the
school
calendar
for
school
districts
and
26
accredited
nonpublic
schools
shall
instead
begin
no
sooner
than
27
the
first
Tuesday
following
the
final
day
of
the
Iowa
state
28
fair.
29
DIVISION
IV
——
CHARTER
SCHOOLS
——
BOARD
MEMBER
RESIDENCE.
30
Current
law
provides
that
each
member
of
the
governing
board
31
of
a
charter
school
established
under
Code
chapter
256E
who
is
32
not
a
resident
of
the
geographic
area
served
by
the
charter
33
school
must
be
a
resident
of
this
state.
The
bill
strikes
this
34
provision.
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