Senate File 2033 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON EDUCATION

                                 (SUCCESSOR TO SSB 3031)

                                      A BILL FOR

  1 An Act relating to school improvement and the approval
  2    and revocation of charter schools, the establishment of
  3    innovation zone schools by consortia of school districts
  4    and area education agencies, and the implementation of
  5    interventions for persistently lowest=achieving schools.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5609SV (3) 83
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PAG LIN



  1  1    Section 1.  Section 256.9, Code Supplement 2009, is amended
  1  2 by adding the following new subsection:
  1  3 NEW SUBSECTION.  60.  a.  Require a school district that has
  1  4 one or more attendance centers identified by the department as
  1  5 a persistently lowest=achieving school to implement one or more
  1  6 of the interventions mandated by the United States department
  1  7 of education for a persistently lowest=achieving school
  1  8 pursuant to the federal No Child Left Behind Act of 2001, Pub.
  1  9 L. No.107=110 { 1003(g), 20 U.S.C. { 6303(g), and any federal
  1 10 regulations adopted pursuant to the federal Act.
  1 11    b.  A school district required to implement one or more
  1 12 interventions pursuant to paragraph "a" and the employee
  1 13 organization representing the school district's teachers
  1 14 shall meet at reasonable times to negotiate a memorandum of
  1 15 understanding that contains an agreement on the specific
  1 16 intervention to be implemented and a provision stating that
  1 17 the terms of any collective bargaining agreement between
  1 18 the parties shall remain in effect and unaltered except as
  1 19 specifically agreed to in the memorandum of understanding.
  1 20 If the parties are unable to reach an agreement on the
  1 21 memorandum of understanding within forty=five days of the date
  1 22 the school district is notified that it has a persistently
  1 23 lowest=achieving school, the school district and the employee
  1 24 organization representing the school district's teachers shall,
  1 25 within five days, select an impartial and disinterested person
  1 26 to serve as a mediator.  The mediator shall attempt to bring
  1 27 the parties together to effectuate a settlement of the dispute,
  1 28 but the mediator shall not compel the parties to agree.  If
  1 29 mediation fails to result in a mutually agreed to memorandum
  1 30 of understanding, not later than thirty days after selecting
  1 31 the mediator the school district shall not receive any school
  1 32 improvement funds under Tit.I of the federal Elementary and
  1 33 Secondary Act of 1965 for the attendance center identified
  1 34 as a persistently lowest=achieving school.  The memorandum
  1 35 of understanding remains in effect for the period of time
  2  1 that an attendance center is identified as a persistently
  2  2 lowest=achieving school unless a duration period is included in
  2  3 the memorandum of understanding or the parties mutually agree
  2  4 to amend the memorandum of understanding.
  2  5    Sec. 2.  Section 256F.1, subsection 1, Code 2009, is amended
  2  6 to read as follows:
  2  7    1.  Charter schools and innovation zone schools shall be part
  2  8 of the state's program of public education.
  2  9    Sec. 3.  Section 256F.1, subsection 3, unnumbered paragraph
  2 10 1, Code 2009, is amended to read as follows:
  2 11    The purpose of a charter school or an innovation zone
  2 12 school established pursuant to this chapter shall be to
  2 13 accomplish the following:
  2 14    Sec. 4.  Section 256F.1, subsection 3, Code 2009, is amended
  2 15 by adding the following new paragraphs:
  2 16 NEW PARAGRAPH.  g.  Create different organizational
  2 17 structures for continuous learner progress.
  2 18 NEW PARAGRAPH.  h.  Allow greater flexibility to meet the
  2 19 education needs of a diverse and constantly changing student
  2 20 population.
  2 21 NEW PARAGRAPH.  i.  Allow for the allocation of resources in
  2 22 innovative ways through implementation of specialized school
  2 23 budgets for the benefit of the schools served.
  2 24    Sec. 5.  Section 256F.1, Code 2009, is amended by adding the
  2 25 following new subsection:
  2 26 NEW SUBSECTION.  4.  An innovation zone school may be
  2 27 established pursuant to this chapter to encourage diverse
  2 28 approaches to learning and education within individual schools.
  2 29    Sec. 6.  Section 256F.2, subsection 1, Code 2009, is amended
  2 30 to read as follows:
  2 31    1.  "Advisory council" means a council appointed by the
  2 32 school board of directors of a charter school or an innovation
  2 33 zone consortium pursuant to section 256F.5, subsection 4.
  2 34    Sec. 7.  Section 256F.2, Code 2009, is amended by adding the
  2 35 following new subsection:
  3  1 NEW SUBSECTION.  1A.  "Area education agency board" means
  3  2 the board of directors of an area education agency established
  3  3 pursuant to chapter 273.
  3  4    Sec. 8.  Section 256F.2, subsection 3, Code 2009, is amended
  3  5 to read as follows:
  3  6    3.  "Charter school" means a state public charter school
  3  7 operated as a pilot program established in accordance with this
  3  8 chapter.
  3  9    Sec. 9.  Section 256F.2, subsection 4A, Code 2009, is amended
  3 10 by striking the subsection and inserting in lieu thereof the
  3 11 following:
  3 12    4A.  "Innovation zone consortium" means a consortium of two
  3 13 or more school districts and an area education agency in which
  3 14 one or more of the school districts is located, that receives
  3 15 approval to establish an innovation zone school pursuant to
  3 16 this chapter. In addition, the innovation zone consortium
  3 17 may receive technical assistance from an accredited higher
  3 18 education institution.
  3 19    4B.  "Innovation zone school" means a public school
  3 20 administered by a principal that is, pursuant to an innovation
  3 21 zone school contract entered into by an innovation zone
  3 22 consortium pursuant to section 256F.6, established as an
  3 23 innovation zone school.
  3 24    Sec. 10.  Section 256F.3, Code 2009, is amended to read as
  3 25 follows:
  3 26    256F.3  Pilot program == application Application.
  3 27    1.  The state board of education shall apply for a federal
  3 28 grant under Pub.L. No.107=110, cited as the federal No
  3 29 Child Left Behind Act of 2001 (Title, Tit.V, Part Pt.B,
  3 30 Subpart Subpt.1), for purposes of providing financial
  3 31 assistance for the planning, program design, and initial
  3 32 implementation of public charter schools.  The department shall
  3 33 initiate a pilot program to test monitor the effectiveness of
  3 34 charter schools and shall implement the applicable provisions
  3 35 of this chapter.
  4  1    2.  a.  To receive approval to establish a charter school
  4  2 in accordance with this chapter, the principal, teachers,
  4  3 or parents or guardians of students at an existing public
  4  4 school shall submit an application to the school board to
  4  5 convert an existing attendance center to a charter school.
  4  6 An attendance center shall not enter into a charter school
  4  7 contract with a school district under this chapter unless the
  4  8 attendance center is located within the school district.  The
  4  9 application shall demonstrate the support of at least fifty
  4 10 percent of the teachers employed at the school on the date of
  4 11 the submission of the application and fifty percent of the
  4 12 parents or guardians voting whose children are enrolled at the
  4 13 school, provided that a majority of the parents or guardians
  4 14 eligible to vote participate in the ballot process, according
  4 15 to procedures established by rules of the state board.
  4 16    b.  To receive approval to establish an innovation zone
  4 17 school in accordance with this chapter, an innovation zone
  4 18 consortium shall submit an application to the state board
  4 19 which demonstrates the support of at least fifty percent of
  4 20 the teachers employed at each proposed innovation zone school
  4 21 on the date of the submission of the application and fifty
  4 22 percent of the parents or guardians voting whose children are
  4 23 enrolled at each proposed innovation zone school, provided
  4 24 that a majority of the parents or guardians eligible to vote
  4 25 participate in the ballot process, according to procedures
  4 26 established by rules of the state board.
  4 27    c.  A parent or guardian voting in accordance with this
  4 28 subsection must be a resident of this state.
  4 29    3.  A school board shall receive and review all applications
  4 30 for converting an existing building or creating a new building
  4 31 for a charter school.  Applications received on or before
  4 32 October 1 of a calendar year shall be considered for charter
  4 33 schools to be established at the beginning of the school
  4 34 district's next school year or at a time agreed to by the
  4 35 applicant and the school board.  However, a school board may
  5  1 receive and consider applications after October 1 at its
  5  2 discretion.
  5  3    4.  A school board shall by a majority vote approve or
  5  4 deny an application relating to a charter school no later
  5  5 than sixty calendar days after the application is received.
  5  6 An application approved by a school board and subsequently
  5  7 approved by the state board pursuant to subsection 6 shall
  5  8 constitute, at a minimum, an agreement between the school board
  5  9 and the charter school for the operation of the charter school.
  5 10 A school board that denies an application for a conversion
  5 11 to a charter school shall provide notice of denial to the
  5 12 applicant in writing within thirty days after board action.
  5 13 The notice shall specify the exact reasons for denial and
  5 14 provide documentation supporting those reasons.
  5 15    5.  An applicant may appeal school board denial of the
  5 16 applicant's charter school application to the state board
  5 17 in accordance with the procedures set forth in chapter 290.
  5 18 The state board shall affirm, modify, or reverse the school
  5 19 board's decision on the basis of the information provided in
  5 20 the application indicating the ability and willingness of the
  5 21 proposed charter school to meet the requirements of section
  5 22 256F.1, subsection 3, and section 256F.4.
  5 23    6.  Upon approval of an application for the proposed
  5 24 establishment of a charter school, the school board shall
  5 25 submit an application for approval to establish the charter
  5 26 school to the state board in accordance with section 256F.5.
  5 27    7.  The An application submitted to the state board pursuant
  5 28 to subsection 2, paragraph "b", or subsection 6 shall set forth
  5 29 the manner in which the charter school or innovation zone
  5 30 school will provide special instruction, in accordance with
  5 31 section 280.4, to students who are limited English proficient.
  5 32 The application shall set forth the manner in which the charter
  5 33 school or innovation zone school will comply with federal and
  5 34 state laws and regulations relating to the federal National
  5 35 School Lunch Act and the federal Child Nutrition Act of 1966,
  6  1 42 U.S.C. {$N1751?1785, and chapter 283A. The state board shall
  6  2 approve only those applications that meet the requirements
  6  3 specified in section 256F.1, subsection 3, and sections 256F.4
  6  4 and 256F.5.  The state board may deny an application if the
  6  5 state board deems that approval of the application is not in
  6  6 the best interest of the affected students.  The state board
  6  7 shall approve not more than twenty charter school applications.
  6  8 The state board shall approve not more than one charter school
  6  9 application per school district. The state board shall adopt
  6 10 rules in accordance with chapter 17A for the implementation of
  6 11 this chapter.
  6 12    8.  The state board shall approve not more than ten
  6 13 innovation zone consortium applications.
  6 14    7.  9.  The state board shall adopt rules in accordance
  6 15 with chapter 17A for the implementation of this chapter. If
  6 16 federal rules or regulations relating to the distribution
  6 17 or utilization of federal funds allocated to the department
  6 18 pursuant to this section are adopted that are inconsistent with
  6 19 the provisions of this chapter, the state board shall adopt
  6 20 rules to comply with the requirements of the federal rules or
  6 21 regulations.  The state board shall identify inconsistencies
  6 22 between federal and state rules and regulations as provided
  6 23 in this subsection and shall submit recommendations for
  6 24 legislative action to the chairpersons and ranking members of
  6 25 the senate and house standing committees on education at the
  6 26 next meeting of the general assembly.
  6 27    Sec. 11.  Section 256F.4, subsection 1, Code 2009, is amended
  6 28 to read as follows:
  6 29    1.  Within fifteen days after approval of a charter school
  6 30 or innovation zone school application submitted in accordance
  6 31 with section 256F.3, subsection 2, a school board or innovation
  6 32 zone consortium shall report to the department the name of the
  6 33 charter school applicant if applicable, the proposed charter
  6 34 school or innovation zone school location, and its the charter
  6 35 school or innovation zone school's projected enrollment.
  7  1    Sec. 12.  Section 256F.4, subsection 2, unnumbered paragraph
  7  2 1, Code 2009, is amended to read as follows:
  7  3    Although a charter school or innovation zone school may
  7  4 elect to comply with one or more provisions of statute or
  7  5 administrative rule, a charter school or innovation zone
  7  6 school is exempt from all statutes and rules applicable to a
  7  7 school, a school board, or a school district, except that the
  7  8 charter school or innovation zone school shall do all of the
  7  9 following:
  7 10    Sec. 13.  Section 256F.4, subsection 2, paragraphs a, g, and
  7 11 j, Code 2009, are amended to read as follows:
  7 12    a.  Meet all applicable federal, state, and local health and
  7 13 safety requirements and laws prohibiting discrimination on the
  7 14 basis of race, creed, color, sex, sexual orientation, gender
  7 15 identity, national origin, religion, ancestry, or disability.
  7 16 A charter school or innovation zone school shall be subject to
  7 17 any court=ordered desegregation plan in effect for the school
  7 18 district at the time the school's charter school or innovation
  7 19 zone school application is approved.
  7 20    g.  Be subject to and comply with chapter 284 relating to
  7 21 the student achievement and teacher quality program.  A charter
  7 22 school or innovation zone school that complies with chapter
  7 23 284 shall receive state moneys or be eligible to receive state
  7 24 moneys calculated as provided in chapter 284 section 257.10,
  7 25 subsections 9 and 10, and section 257.37A as if it did not
  7 26 operate under a charter school or innovation zone school
  7 27 contract.
  7 28    j.  Meetings and records of the advisory council are subject
  7 29 to the provisions of chapters 21 and 22.
  7 30    Sec. 14.  Section 256F.4, subsections 3 through 8, Code 2009,
  7 31 are amended to read as follows:
  7 32    3.  A charter school or innovation zone school shall not
  7 33 discriminate in its student admissions policies or practices
  7 34 on the basis of intellectual or athletic ability, measures
  7 35 of achievement or aptitude, or status as a person with a
  8  1 disability.  However, a charter school or innovation zone
  8  2 school may limit admission to students who are within a
  8  3 particular range of ages or grade levels or on any other
  8  4 basis that would be legal if initiated by a school district.
  8  5 Enrollment priority shall be given to the siblings of students
  8  6 enrolled in a charter school or innovation zone school.
  8  7    4.  A charter school or innovation zone school shall
  8  8 enroll an eligible resident student who submits a timely
  8  9 application unless the number of applications exceeds the
  8 10 capacity of a program, class, grade level, or building.  In
  8 11 this case, students must be accepted by lot.  A charter school
  8 12 or innovation zone school may enroll an eligible nonresident
  8 13 student who submits a timely application in accordance with
  8 14 the student admission policy established pursuant to section
  8 15 256F.5, subsection 1.  If the charter school or innovation zone
  8 16 school enrolls an eligible nonresident student, the charter
  8 17 school or innovation zone school shall notify the school
  8 18 district of residence and the sending district not later than
  8 19 March 1 of the preceding school year.  Transportation for the
  8 20 student shall be in accordance with section 282.18, subsection
  8 21 10.  The sending district shall make payments to the charter
  8 22 school or innovation zone consortium in the manner required
  8 23 under section 282.18, subsection 7.  If the nonresident pupil
  8 24 is also an eligible pupil under section 261E.6, the innovation
  8 25 zone consortium shall pay the tuition reimbursement amount to
  8 26 an eligible postsecondary institution as provided in section
  8 27 261E.7.
  8 28    5.  A charter school or innovation zone school shall provide
  8 29 instruction for at least the number of days required by section
  8 30 279.10, subsection 1, or shall provide at least the equivalent
  8 31 number of total hours.
  8 32    6.  Notwithstanding subsection 2, a charter school or
  8 33 innovation zone school shall meet the requirements of section
  8 34 256.7, subsection 21.
  8 35    7.  a.  A charter school shall be considered a part of the
  9  1 school district in which it is located for purposes of state
  9  2 school foundation aid pursuant to chapter 257.
  9  3    b.  Students enrolled in an innovation zone school shall
  9  4 be counted, for state school foundation aid purposes, in the
  9  5 student's district of residence.
  9  6    8.  A charter school or innovation zone consortium may enter
  9  7 into contracts in accordance with chapter 26.
  9  8    Sec. 15.  Section 256F.5, unnumbered paragraph 1, Code 2009,
  9  9 is amended to read as follows:
  9 10    An application to the state board for the approval of a
  9 11 charter school or innovation zone school shall include, but
  9 12 shall not be limited to, a description of the following:
  9 13    Sec. 16.  Section 256F.5, subsections 1, 2, 4, 6, 7, 10,
  9 14 12, 13, 14, 15, 16, and 17, Code 2009, are amended to read as
  9 15 follows:
  9 16    1.  The method for admission to the charter school or
  9 17 innovation zone school.
  9 18    2.  The mission, purpose, innovation, and specialized focus
  9 19 of the charter school or innovation zone school.
  9 20    4.  The method for appointing or forming an advisory
  9 21 council for the charter school or innovation zone school.
  9 22 The membership of an advisory council appointed or formed in
  9 23 accordance with this chapter shall not include more than one
  9 24 member of the a participating school board.
  9 25    6.  The charter school or innovation zone school governance
  9 26 and bylaws.
  9 27    7.  The financial plan for the operation of the
  9 28 charter school or innovation zone school including, at a
  9 29 minimum, a listing of the support services the school district
  9 30 or innovation zone consortium will provide, and the charter
  9 31 school's school or innovation zone school's revenues, budgets,
  9 32 and expenditures.
  9 33    10.  The organization of the school or innovation zone
  9 34 school in terms of ages of students or grades to be taught
  9 35 along with an estimate of the total enrollment of the
 10  1 charter school or innovation zone school.
 10  2    12.  A statement indicating how the charter school or
 10  3 innovation zone school will meet the requirements of section
 10  4 256F.1, subsection 3 as applicable; section 256F.4, subsection
 10  5 2, paragraph "a"; and section 256F.4, subsection 3.
 10  6    13.  Assurance of the assumption of liability by the charter
 10  7 school or the innovation zone consortium for the innovation
 10  8 zone school.
 10  9    14.  The types and amounts of insurance coverage to be
 10 10 obtained by the charter school or innovation zone consortium
 10 11 for the innovation zone school.
 10 12    15.  A plan of operation to be implemented if the charter
 10 13 school or innovation zone consortium revokes or fails to renew
 10 14 its contract.
 10 15    16.  The means, costs, and plan for providing transportation
 10 16 for students attending enrolled in the charter school or
 10 17 innovation zone school.
 10 18    17.  The specific statutes, administrative rules, and school
 10 19 board policies with which the charter school or innovation zone
 10 20 school does not intend to comply.
 10 21    Sec. 17.  Section 256F.6, subsection 1, Code 2009, is amended
 10 22 to read as follows:
 10 23    1.  a.  An approved charter school or innovation zone
 10 24 school application shall constitute an agreement, the terms
 10 25 of which shall, at a minimum, be the terms of a four=year
 10 26 enforceable, renewable contract between the a school board, or
 10 27 the boards participating in an innovation zone consortium, and
 10 28 the state board.  The contract shall include an operating
 10 29 agreement for the operation of the charter school or innovation
 10 30 zone school.  The terms of the contract may be revised at
 10 31 any time with the approval of both the state board and the
 10 32 school board or the boards participating in the innovation
 10 33 zone consortium, whether or not the stated provisions of the
 10 34 contract are being fulfilled.
 10 35    b.  A contract may be renewed by agreement of the school
 11  1 board or the boards participating in an innovation zone
 11  2 consortium, as applicable, and the state board.
 11  3    c.  The charter school or innovation zone consortium shall
 11  4 provide parents and guardians of students enrolled in the
 11  5 charter school or innovation zone school with a copy of the
 11  6 charter school or innovation zone school application approved
 11  7 pursuant to section 256F.5.
 11  8    Sec. 18.  Section 256F.7, Code 2009, is amended to read as
 11  9 follows:
 11 10    256F.7  Employment and related matters.
 11 11    1.  A charter school or the boards participating in an
 11 12 innovation zone consortium shall employ or contract with
 11 13 necessary teachers and administrators, as defined in section
 11 14 272.1, who hold a valid license with an endorsement for the
 11 15 type of service for which the teacher or administrator is
 11 16 employed.
 11 17    2.  The school board or innovation zone consortium, as
 11 18 specified in the application, in consultation with the advisory
 11 19 council, shall decide matters related to the operation of the
 11 20 charter school or innovation zone school, including budgeting,
 11 21 curriculum, and operating procedures.
 11 22    3.  a.  Employees of a charter school shall be considered
 11 23 employees of the school district.
 11 24    b.  Employees of an innovation zone school shall be
 11 25 considered employees of a board participating in the innovation
 11 26 zone consortium.
 11 27    Sec. 19.  Section 256F.8, subsections 1, 2, 3, 4, and 6, Code
 11 28 2009, are amended to read as follows:
 11 29    1.  A contract for the establishment of a charter school
 11 30 or innovation zone school may be revoked by the state
 11 31 board, or the school board that established the charter
 11 32 school, or the innovation zone consortium that established
 11 33 the innovation zone school if the appropriate board or
 11 34 consortium determines that one or more of the following
 11 35 occurred:
 12  1    a.  Failure of the charter school or innovation zone
 12  2 school to abide by and meet the provisions set forth in the
 12  3 contract, including educational goals.
 12  4    b.  Failure of the charter school or innovation zone
 12  5 school to comply with all applicable law.
 12  6    c.  Failure of the charter school or innovation zone
 12  7 school to meet generally accepted public sector accounting
 12  8 principles.
 12  9    d.  The existence of one or more other grounds for revocation
 12 10 as specified in the contract.
 12 11    e.  Assessment of student progress, which is administered
 12 12 in accordance with state and locally determined indicators
 12 13 established pursuant to rules adopted by the state board,
 12 14 does not show improvement in student progress over that
 12 15 which existed in the same student population prior to the
 12 16 establishment of the charter school or the innovation zone
 12 17 school.
 12 18    2.  The decision by a school board or an innovation zone
 12 19 consortium to revoke or to fail to take action to renew a
 12 20 charter school or innovation zone school contract is subject to
 12 21 appeal under procedures set forth in chapter 290.
 12 22    3.  A school board or a board participating in an innovation
 12 23 zone consortium that is considering revocation or nonrenewal
 12 24 of a charter school or innovation zone school contract shall
 12 25 notify the advisory council, the parents or guardians of the
 12 26 students enrolled in the charter school or innovation zone
 12 27 school, and the teachers and administrators employed by the
 12 28 charter school or innovation zone school, sixty days prior to
 12 29 revoking or the date by which the contract must be renewed, but
 12 30 not later than the last day of classes in the school year.
 12 31    4.  If the state board determines that a charter school or
 12 32 innovation zone school is in substantial violation of the terms
 12 33 of the contract, the state board shall notify the school board
 12 34 or innovation zone consortium and the advisory council of its
 12 35 intention to revoke the contract at least sixty days prior to
 13  1 revoking a contract and the school board or the school boards
 13  2 participating in the innovation zone consortium shall assume
 13  3 oversight authority, operational authority, or both oversight
 13  4 and operational authority.  The notice shall state the
 13  5 grounds for the proposed action in writing and in reasonable
 13  6 detail.  The school board or innovation zone consortium may
 13  7 request in writing an informal hearing before the state board
 13  8 within fourteen days of receiving notice of revocation of
 13  9 the contract.  Upon receiving a timely written request for a
 13 10 hearing, the state board shall give reasonable notice to the
 13 11 school board or innovation zone consortium of the hearing
 13 12 date.  The state board shall conduct an informal hearing before
 13 13 taking final action.  Final action to revoke a contract shall
 13 14 be taken in a manner least disruptive to students enrolled in
 13 15 the charter school or innovation zone school.  The state board
 13 16 shall take final action to revoke or approve continuation of
 13 17 a contract by the last day of classes in the school year.  If
 13 18 the final action to revoke a contract under this section occurs
 13 19 prior to the last day of classes in the school year, a charter
 13 20 school or innovation zone school student may enroll in the
 13 21 resident district.
 13 22    6.  A school board revoking a contract or a school board,
 13 23 innovation zone consortium, or advisory council that fails
 13 24 to renew a contract under this chapter is not liable for
 13 25 that action to the charter school or innovation zone school,
 13 26 a student enrolled in the charter school or innovation zone
 13 27 school or the student's parent or guardian, or any other
 13 28 person.
 13 29    Sec. 20.  Section 256F.8, subsection 7, Code 2009, is amended
 13 30 by striking the subsection.
 13 31    Sec. 21.  Section 256F.9, Code Supplement 2009, is amended
 13 32 to read as follows:
 13 33    256F.9  Procedures after revocation == student enrollment.
 13 34    If a charter school or innovation zone school contract is
 13 35 revoked in accordance with this chapter, a nonresident student
 14  1 who attended the school, and any siblings of the student,
 14  2 shall be determined to have shown "good cause" as provided in
 14  3 section 282.18, subsection 4, paragraph "b", and may submit an
 14  4 application to another school district according to section
 14  5 282.18 at any time.  Applications and notices required by
 14  6 section 282.18 shall be processed and provided in a prompt
 14  7 manner.  The application and notice deadlines in section 282.18
 14  8 do not apply to a nonresident student application under these
 14  9 circumstances.
 14 10    Sec. 22.  Section 256F.10, subsections 1 and 2, Code 2009,
 14 11 are amended to read as follows:
 14 12    1.  A charter school or innovation zone school shall
 14 13 report at least annually to the school board or innovation
 14 14 zone consortium, advisory council, and the state board the
 14 15 information required by the school board or innovation zone
 14 16 consortium, advisory council, or the state board.  The reports
 14 17 are public records subject to chapter 22.
 14 18    2.  Not later than December 1, 2003, and annually thereafter,
 14 19 the state board shall submit a comprehensive report, with
 14 20 findings and recommendations, to the senate and house standing
 14 21 committees on education general assembly.  The report shall
 14 22 evaluate the state's charter school and innovation zone
 14 23 school programs generally, including but not limited to, an
 14 24 evaluation of whether the pilot programs charter schools
 14 25 and innovation zone schools are fulfilling the purposes
 14 26 set forth in section 256F.4, subsection 2.  The report also
 14 27 shall contain, for each charter school or innovation zone
 14 28 school, a copy of the charter school's school or innovation
 14 29 zone school's mission statement, attendance statistics and
 14 30 dropout rate, aggregate assessment test scores, projections of
 14 31 financial stability, the number and qualifications of teachers
 14 32 and administrators, and number of and comments on supervisory
 14 33 visits by the department of education.
 14 34    Sec. 23.  REPEAL.  Section 256F.11, Code 2009, is repealed.
 15  1                           EXPLANATION
 15  2    This bill relates to the approval and revocation of charter
 15  3 schools, the establishment of innovation zone schools by
 15  4 a consortium of two or more school districts and an area
 15  5 education agency, and provides for the implementation of
 15  6 interventions for lowest=achieving schools.
 15  7    PERSISTENTLY LOWEST=ACHIEVING SCHOOLS. The bill directs the
 15  8 director of the department of education to require a school
 15  9 district that has one or more attendance centers identified by
 15 10 the department as a persistently lowest=achieving school to
 15 11 implement one or more of the interventions mandated by the U.S.
 15 12 department of education.
 15 13    A school district required to implement one or more
 15 14 interventions and the employee organization representing the
 15 15 school district's teachers must meet at reasonable times to
 15 16 negotiate a memorandum of understanding that contains an
 15 17 agreement on the specific intervention to be implemented and a
 15 18 provision stating that the terms of any collective bargaining
 15 19 agreement between the parties shall remain in effect and
 15 20 unaltered except as specifically agreed to in the memorandum
 15 21 of understanding.  If the parties are unable to reach an
 15 22 agreement within 45 days, the school district and the employee
 15 23 organization shall select an impartial and disinterested
 15 24 person to serve as a mediator, who shall not compel the
 15 25 parties to agree.  If mediation fails, the school district
 15 26 shall not receive any school improvement funds, under Tit.I
 15 27 of the federal Elementary and Secondary Act of 1965, for the
 15 28 attendance center identified as a persistently lowest=achieving
 15 29 school.  The memorandum of understanding remains in effect for
 15 30 the period of time that an attendance center is identified as a
 15 31 persistently lowest=achieving school unless a duration period
 15 32 is included in the memorandum of understanding or the parties
 15 33 mutually agree to amend the memorandum of understanding.
 15 34    CHARTER SCHOOLS.The bill eliminates references to the
 15 35 pilot program status of the state's charter school law;
 16  1 eliminates a limitation on the number of charter schools the
 16  2 state board of education may approve for operation; adds a
 16  3 factor for which a charter school contract may be revoked;
 16  4 and eliminates the future repeal of Code chapter 256F, which
 16  5 provides for the creation or conversion of charter schools by
 16  6 school districts.
 16  7    The additional factor for which the state board or a
 16  8 school board may revoke a charter school contract is when an
 16  9 assessment of student progress administered in accordance
 16 10 with state and locally determined indicators does not show
 16 11 improvement in student progress over that which existed in the
 16 12 same student population prior to establishment of the charter
 16 13 school.
 16 14    INNOVATION ZONES.The bill provides for the establishment
 16 15 of innovation zone schools by two or more school districts and
 16 16 an area education agency as part of the state's program of
 16 17 public education.  The purpose of an innovation zone school
 16 18 is to improve student learning.  Like charter schools, an
 16 19 innovation zone school is not required to comply with state
 16 20 statutes, rules, or regulations applicable to a school, a
 16 21 school board, or a school district, except those relating
 16 22 to applicable federal, state, and local health and safety
 16 23 requirements; civil and human rights; financial audit
 16 24 requirements; collective bargaining and practitioner contracts;
 16 25 professional development and practitioner evaluation; special
 16 26 education; transportation of students; comprehensive school
 16 27 improvement plan requirements; and core curriculum and core
 16 28 content standards requirements. Innovation zone schools are
 16 29 subject to the same general operating, contract, renewal and
 16 30 revocation, and report requirements as charter schools.
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