Bill Text: IA HF2198 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to persistently lowest-achieving schools by authorizing parents or guardians to petition for the closure of an attendance center, for implementation of an education voucher program, or for establishment of a charter school, establishing an education voucher fund, making appropriations, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-09 - Subcommittee, Dolecheck, Gaines, and T. Moore. H.J. 190. [HF2198 Detail]
Download: Iowa-2015-HF2198-Introduced.html
House File 2198 - Introduced HOUSE FILE BY WILLS A BILL FOR 1 An Act relating to persistently lowest=achieving schools 2 by authorizing parents or guardians to petition for the 3 closure of an attendance center, for implementation of an 4 education voucher program, or for establishment of a charter 5 school, establishing an education voucher fund, making 6 appropriations, and providing penalties. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5164YH (4) 86 md/sc PAG LIN 1 1 Section 1. Section 256.7, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 33. Adopt rules relating to applications 1 4 for an education voucher pursuant to section 256E.4, including 1 5 application processing timelines and information required to be 1 6 submitted by a parent or guardian. 1 7 Sec. 2. NEW SECTION. 256E.1 Definitions. 1 8 1. "Attendance center" means a public school building 1 9 that contains classrooms used for instructional purposes for 1 10 elementary, middle, or secondary school students. 1 11 2. "School board" means a board of directors regularly 1 12 elected by the registered voters of a school district. 1 13 3. "State board" means the state board of education. 1 14 Sec. 3. NEW SECTION. 256E.2 Alternatives for persistently 1 15 lowest=achieving schools == parent petition. 1 16 1. If an attendance center is identified by the department 1 17 of education as a persistently lowest=achieving school within 1 18 the meaning of section 256.9, subsection 61, the parents or 1 19 guardians of students enrolled at the attendance center may 1 20 submit a petition to the school board to either close the 1 21 attendance center pursuant to section 256E.3 or authorize 1 22 education vouchers for students of the attendance center under 1 23 section 256E.4. 1 24 2. A valid petition under this section must state whether 1 25 the petition is requesting the closure of an attendance center 1 26 pursuant to section 256E.3 or the authorization of education 1 27 vouchers under section 256E.4, and must contain the signatures 1 28 of at least fifty percent of the parents or guardians whose 1 29 children are enrolled at the attendance center. A valid 1 30 petition under this section must be received by the school 1 31 board not later than December 1 of the school year preceding 1 32 the school year during which the requested action will be 1 33 implemented. A petition received after that deadline will be 1 34 considered a petition for the next applicable school year. 1 35 3. Unless rulemaking is authorized for another state 2 1 agency, the state board shall, after consulting with the 2 2 department of education and the department of management, adopt 2 3 rules to implement and administer this chapter. 2 4 Sec. 4. NEW SECTION. 256E.3 Closure of attendance center == 2 5 reallocation of students. 2 6 1. If a valid petition for closure of an attendance center 2 7 is received by a school board under section 256E.2, the school 2 8 board shall formulate and implement a plan for the closure 2 9 of the attendance center and a plan for the reallocation of 2 10 students currently enrolled at the attendance center and those 2 11 students who would, but for the closure, be enrolled at the 2 12 attendance center during the next school year. 2 13 2. The plan for the reallocation of students to other 2 14 attendance centers in the school district shall include 2 15 objective criteria and standards and criteria for prioritizing 2 16 requests that do not have an adverse impact on the plan. 2 17 3. a. If other attendance centers in the school district 2 18 have insufficient classroom space to accommodate the students 2 19 from the closing attendance center, the school board shall 2 20 instead implement the education voucher program under section 2 21 256E.4. 2 22 b. Every school district shall adopt a policy that defines 2 23 the term "insufficient classroom space" for each attendance 2 24 center in that district. 2 25 Sec. 5. NEW SECTION. 256E.4 Education voucher program. 2 26 1. a. If a valid petition authorizing education vouchers 2 27 is received by a school board under section 256E.2, or if 2 28 section 256E.3, subsection 3, is applicable, students eligible 2 29 to enroll in kindergarten through grade twelve and who are 2 30 enrolled at the attendance center at the time the applicable 2 31 petition is filed are eligible to receive education vouchers. 2 32 b. Education vouchers shall be made available to parents 2 33 and guardians in the manner authorized under subsection 2 34 4, paragraph "c", for the payment of qualified educational 2 35 expenses as provided in this section. 3 1 2. a. (1) By January 31 preceding the school year for 3 2 which the education voucher is requested, the parent or 3 3 guardian of the student requesting to receive an education 3 4 voucher shall submit an application to the department of 3 5 education, on application forms developed by the department, 3 6 indicating that the parent or guardian intends to enroll the 3 7 student in a nonpublic school. 3 8 (2) In addition to other information deemed appropriate 3 9 by the department of education, the application shall require 3 10 certification from the nonpublic school of the student's 3 11 enrollment for the following school year. 3 12 b. By March 1 preceding the school year for which the 3 13 education voucher is requested, the department of education 3 14 shall notify the department of management of the number of 3 15 students in each school district designated for the following 3 16 school year to receive an education voucher. The department 3 17 of education shall also notify the parent or guardian of such 3 18 students who are approved to receive an education voucher. 3 19 c. Education vouchers shall only be approved for one school 3 20 year per application, and applications must be submitted under 3 21 paragraph "a" for education vouchers in subsequent school 3 22 years. 3 23 3. The department of management shall assign each student an 3 24 education voucher in an amount equal to seventy=five percent of 3 25 the district of residence's regular program district cost per 3 26 pupil in the same school year. 3 27 4. An education voucher fund is created in the state 3 28 treasury under the control of the department of management 3 29 consisting of moneys appropriated to the department for 3 30 the purpose of providing education vouchers under this 3 31 section. For the fiscal year commencing July 1, 2017, and 3 32 each succeeding fiscal year, there is appropriated from the 3 33 general fund of the state to the department of management to be 3 34 credited to the fund the amount necessary to pay all education 3 35 vouchers approved for that fiscal year. The director of the 4 1 department of management has all powers necessary to carry out 4 2 and effectuate the purposes, objectives, and provisions of this 4 3 section pertaining to the fund, including the power to do all 4 4 of the following: 4 5 a. Make and enter into contracts necessary for the 4 6 administration of the fund. 4 7 b. Procure insurance against any loss in connection with the 4 8 assets of the fund or require a surety bond. 4 9 c. Contract with a private financial management firm to 4 10 manage the fund, in collaboration with the treasurer of state, 4 11 including providing for the disbursement of education vouchers 4 12 in the form of an electronic debit card or checks that are 4 13 payable directly from the student's account in the fund. 4 14 d. Conduct audits or other review necessary to properly 4 15 administer the program. 4 16 e. Adopt rules pursuant to chapter 17A for the 4 17 administration of the fund and accounts in the fund. 4 18 5. a. For each student approved for an education voucher, 4 19 the department shall establish an account for that student 4 20 in the education voucher fund. The student's education 4 21 voucher shall be deposited into the student's account on July 4 22 1 and funds shall be immediately available for the payment 4 23 of qualified educational expenses incurred by the parent or 4 24 guardian for the student during that fiscal year using the 4 25 payment method authorized under subsection 4, paragraph "c". 4 26 b. A nonpublic school or other entity that accepts payment 4 27 from a parent or guardian using funds from a student's account 4 28 in the education voucher fund shall not refund, rebate, or 4 29 share any portion of such payment with the parent, guardian, 4 30 or student. 4 31 c. Moneys remaining in a student's account upon conclusion 4 32 of the fiscal year shall remain in the student's account in the 4 33 education voucher fund for the payment of qualified educational 4 34 expenses in future fiscal years, unless subject to the transfer 4 35 required under subsection 8. 5 1 6. a. For purposes of this section, "qualified educational 5 2 expenses" includes tuition and fees at a nonpublic school, 5 3 textbooks, fees, or payments for educational therapies 5 4 including tutoring or cognitive skills training, curriculum 5 5 fees and materials for a course of study for a specific 5 6 subject matter or grade level, tuition or fees for nonpublic 5 7 online education programs, education materials and services 5 8 for students with disabilities including the cost of 5 9 paraprofessionals and assistants who are trained in accordance 5 10 with state law, and other expenses incurred by the parent or 5 11 guardian that are directly related to the education of the 5 12 student at a nonpublic school, including a nonpublic school 5 13 accredited by an independent accrediting agency approved by 5 14 the department of education. "Qualified educational expenses" 5 15 does not include transportation costs for the student, the cost 5 16 of food or refreshments consumed by the student, the cost of 5 17 clothing for the student, or the cost of disposable materials, 5 18 including but not limited to paper, notebooks, pencils, pens, 5 19 and art supplies. 5 20 b. For purposes of this section, "nonpublic school" means 5 21 the same as defined in section 285.16. 5 22 7. A person who makes a false claim for the purpose of 5 23 obtaining an education voucher provided for in this section or 5 24 who knowingly receives the voucher or makes a payment from an 5 25 account in the education voucher fund without being legally 5 26 entitled to it is guilty of a fraudulent practice. The false 5 27 claim for an education voucher or a payment from an account 5 28 shall be disallowed and if amounts from the voucher have 5 29 been disbursed from the applicable account in the education 5 30 voucher fund, the department of management shall initiate legal 5 31 proceedings to recover such amounts. A parent or guardian who 5 32 violates this subsection is prohibited from participating in 5 33 the education voucher program in the future. 5 34 8. For each student with a positive balance in the student's 5 35 account in the education voucher fund upon graduation from 6 1 high school or upon termination of the student's enrollment in 6 2 the nonpublic school, moneys in the student's account shall be 6 3 transferred by the department for deposit in the general fund 6 4 of the state. 6 5 9. A nonpublic school that accepts payment from a parent or 6 6 guardian using funds from a student's account in the education 6 7 voucher fund is not an agent of this state or other political 6 8 subdivision of this state. 6 9 Sec. 6. Section 256F.3, subsection 2, paragraph a, Code 6 10 2016, is amended to read as follows: 6 11 a. (1) To receive approval to establish a charter school 6 12 in accordance with this chapter, the principal, teachers, or 6 13 parents or guardians of students at an existing public school 6 14 shall submit an application to the school board to convert an 6 15 existing attendance center to a charter school. An attendance 6 16 center shall not enter into a charter school contract with a 6 17 school district under this chapter unless the attendance center 6 18 is located within the school district. 6 19 (2) (a)TheExcept as otherwise provided in subparagraph 6 20 division (b), the application shall demonstrate the support 6 21 of at least fifty percent of the teachers employed at the 6 22 school on the date of the submission of the application and 6 23 fifty percent of the parents or guardians voting whose children 6 24 are enrolled at the school, provided that a majority of the 6 25 parents or guardians eligible to vote participate in the ballot 6 26 process, according to procedures established by rules of the 6 27 state board. 6 28 (b) If the attendance center at which the charter school 6 29 is to be established is identified by the department of 6 30 education as a persistently lowest=achieving school within 6 31 the meaning of section 256.9, subsection 61, the application 6 32 shall demonstrate the support of at least fifty percent of the 6 33 parents or guardians voting whose children are enrolled at the 6 34 school, provided that a majority of the parents or guardians 6 35 eligible to vote participate in the ballot process, according 7 1 to procedures established by rules of the state board. 7 2 Sec. 7. Section 422.7, Code 2016, is amended by adding the 7 3 following new subsection: 7 4 NEW SUBSECTION. 51. Subtract, to the extent included, the 7 5 amount of any education voucher under section 256E.4 received 7 6 during the tax year by a taxpayer authorized to spend such 7 7 voucher amounts for qualified educational expenses. 7 8 EXPLANATION 7 9 The inclusion of this explanation does not constitute agreement with 7 10 the explanation's substance by the members of the general assembly. 7 11 This bill relates to persistently lowest=achieving schools 7 12 by authorizing parents or guardians to petition for the closure 7 13 of an attendance center, for implementation of an education 7 14 voucher program, or for establishment of a charter school. 7 15 Under the bill, if an attendance center is identified by 7 16 the department of education as a persistently lowest=achieving 7 17 school, the parents or guardians of students enrolled at 7 18 the attendance center may submit a petition to the school 7 19 board to either close the attendance center or authorize 7 20 education vouchers for students of the attendance center. A 7 21 valid petition must state whether the petition is requesting 7 22 the closure of an attendance center or the authorization of 7 23 education vouchers, and must contain the signatures at least 50 7 24 percent of the parents or guardians whose children are enrolled 7 25 at the attendance center. A valid petition must be received by 7 26 the school board not later than December 1 of the school year 7 27 preceding the school year during which the requested action 7 28 will be implemented. A petition received after that deadline 7 29 will be considered a petition for the next applicable school 7 30 year. 7 31 If a valid petition for closure of an attendance center 7 32 is received, the school board shall formulate and implement 7 33 a plan for the closure of the attendance center and a plan 7 34 for the reallocation of students currently enrolled at the 7 35 attendance center and those students who would, but for the 8 1 closure, be enrolled at the attendance center during the next 8 2 school year. The bill requires the plan for the reallocation 8 3 of students to other attendance centers in the school district 8 4 to include objective criteria and standards and criteria for 8 5 prioritizing requests that do not have an adverse impact on the 8 6 plan. If other attendance centers in the school district have 8 7 insufficient classroom space to accommodate the students from 8 8 the closing attendance center, the school board shall instead 8 9 implement the education voucher program established in the 8 10 bill. 8 11 Under the bill, the following students shall be eligible 8 12 to receive an education voucher: (1) students eligible to 8 13 enroll in kindergarten through grade 12 who are enrolled at an 8 14 attendance center at the time a petition authorizing education 8 15 vouchers is filed with the school board and (2) students 8 16 eligible to enroll in kindergarten through grade 12 who are 8 17 enrolled at an attendance center that is to be closed under 8 18 the bill and for whom there is insufficient classroom space at 8 19 other attendance centers in the school district. 8 20 By January 31 preceding the school year for which the 8 21 education voucher is requested, the parent or guardian of 8 22 the student requesting to receive an education voucher shall 8 23 submit an application to the department of education, on 8 24 application forms developed by the department, indicating 8 25 that the parent or guardian intends to enroll the student in 8 26 a nonpublic school. In addition to such information deemed 8 27 appropriate by the department of education, the application 8 28 shall require certification from the nonpublic school of the 8 29 student's enrollment for the following school year. By March 8 30 1 preceding the school year for which the education voucher 8 31 is requested, the department of education shall notify the 8 32 department of management of the number of students in each 8 33 school district designated for the following school year to 8 34 receive an education voucher. The department of education 8 35 shall also notify the parent or guardian of such students who 9 1 are approved to receive an education voucher. 9 2 The bill authorizes education vouchers to be approved for 9 3 one school year per application, and additional applications 9 4 must be submitted for education vouchers in subsequent school 9 5 years. The education voucher is in an amount equal to 75 9 6 percent of the district of residence's regular program district 9 7 cost per pupil in the same school year. 9 8 For the fiscal year commencing July 1, 2017, and each 9 9 succeeding fiscal year, the bill appropriates from the general 9 10 fund of the state to the department of management to be 9 11 credited to the education voucher fund an amount necessary to 9 12 pay all education vouchers approved for that fiscal year. For 9 13 each student approved for an education voucher, the department 9 14 is required to establish an account for that student in the 9 15 education voucher fund. The amount of the student's education 9 16 voucher shall be deposited into the student's account on July 1 9 17 and such amount shall be immediately available for the payment 9 18 of qualified educational expenses, as defined in the bill, 9 19 incurred by the parent or guardian for the student during that 9 20 fiscal year. 9 21 The bill specifies that a nonpublic school or other entity 9 22 that accepts payment from a parent or guardian using funds from 9 23 a student's account in the education voucher fund shall not 9 24 refund, rebate, or share any portion of such payment with the 9 25 parent, guardian, or student. 9 26 Moneys remaining in a student's account upon conclusion 9 27 of the fiscal year shall remain in the student's account 9 28 in the education voucher fund for the payment of qualified 9 29 educational expenses in future fiscal years. However, for 9 30 each student with a positive balance in the student's account 9 31 in the education voucher fund upon graduation from high 9 32 school or upon termination of the student's enrollment in the 9 33 nonpublic school, those moneys in the student's account shall 9 34 be transferred for deposit in the general fund of the state. 9 35 The bill provides that a person who makes a false claim for 10 1 the purpose of obtaining an education voucher or who knowingly 10 2 receives the voucher or makes a payment from an account within 10 3 the education voucher fund without being legally entitled to 10 4 it is guilty of a fraudulent practice and is subject to a 10 5 criminal penalty. The bill allows the department of management 10 6 to initiate legal proceedings to recover vouchers and amounts 10 7 improperly awarded or paid from accounts under the bill. 10 8 The bill provides that a nonpublic school that accepts 10 9 payment from a parent or guardian using funds from a student's 10 10 account in the education voucher fund is not an agent of this 10 11 state or other political subdivision of this state. 10 12 The bill provides that moneys from an education voucher 10 13 under the bill are not taxable income under Code chapter 422. 10 14 Code chapter 256F establishes a process by which the 10 15 principal, teachers, or parents and guardians of students at an 10 16 existing public school may apply to the school board to convert 10 17 an existing attendance center to a charter school. Current 10 18 law requires the application to demonstrate the support of at 10 19 least 50 percent of the teachers employed at the school on the 10 20 date of the submission of the application and 50 percent of the 10 21 parents or guardians voting whose children are enrolled at the 10 22 school, provided that a majority of the parents or guardians 10 23 eligible to vote participate in the ballot process, according 10 24 to procedures established by rules of the state board. 10 25 The bill modifies the application requirements for 10 26 converting an existing attendance center to a charter school 10 27 if the attendance center is a persistently lowest=achieving 10 28 school. Under those circumstances, the application does not 10 29 need to demonstrate teacher support and shall only be required 10 30 to demonstrate the support of at least 50 percent of the 10 31 parents or guardians voting whose children are enrolled at the 10 32 school, provided that a majority of the parents or guardians 10 33 eligible to vote participate in the ballot process, according 10 34 to procedures established by rules of the state board. LSB 5164YH (4) 86 md/sc
