House File 2543 - Introduced
HOUSE FILE 2543
BY COMMITTEE ON EDUCATION
(SUCCESSOR TO HSB 673)
A BILL FOR
1 An Act relating to education by establishing a right of
2 first refusal for charter schools to purchase or lease
3 school district property and modifying charter school and
4 open enrollment funding, and charter school board member
5 requirements.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 FUNDING FORMULA
3 Section 1. Section 256E.8, subsection 2, paragraph a, Code
4 2024, is amended to read as follows:
5 a. The charter school in which the student is enrolled
6 shall receive under paragraph “c” an amount equal to the sum
7 of the regular program state cost per pupil for the previous
8 school budget year plus the teacher leadership supplement state
9 cost per pupil, the teacher salary supplement cost per pupil,
10 the professional development supplement state cost per pupil,
11 and the early intervention supplement state cost per pupil
12 for the previous fiscal budget year as provided in section
13 257.9 plus any moneys received by that would be due to the
14 school district of residence for the student as a result of the
15 non-English speaking weighting under section 280.4, subsection
16 3, for the previous school budget year multiplied by the state
17 cost per pupil for the previous budget year. If a student is
18 an eligible pupil under section 261E.6, the charter school
19 shall pay the tuition reimbursement amount to an eligible
20 postsecondary institution as provided in section 261E.7.
21 Sec. 2. Section 282.18, subsection 5, paragraph b,
22 subparagraph (1), Code 2024, is amended to read as follows:
23 (1) The board of directors of the district of residence
24 shall pay to the receiving district the sum of the state cost
25 per pupil for the previous school budget year plus either the
26 teacher leadership supplement state cost per pupil, the teacher
27 salary supplement cost per pupil, the professional development
28 supplement state cost per pupil, and the early intervention
29 supplement state cost per pupil for the previous fiscal budget
30 year as provided in section 257.9 or the teacher leadership
31 supplement foundation aid for the previous fiscal year as
32 provided in section 284.13, subsection 1, paragraph “d”, if
33 both the district of residence and the receiving district are
34 receiving such supplements, plus any moneys received that would
35 be due to the school district of residence for the pupil as
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1 a result of the non-English speaking weighting under section
2 280.4, subsection 3, for the previous school budget year
3 multiplied by the state cost per pupil for the previous budget
4 year. If the pupil participating in open enrollment is also
5 an eligible pupil under section 261E.6, the receiving district
6 shall pay the tuition reimbursement amount to an eligible
7 postsecondary institution as provided in section 261E.7.
8 DIVISION II
9 SCHOOL DISTRICT PROPERTY
10 Sec. 3. Section 256E.7, subsection 1, Code 2024, is amended
11 by adding the following new paragraphs:
12 NEW PARAGRAPH. j. Purchase or lease underutilized property
13 or vacant property pursuant to a right of first refusal granted
14 by the board of directors of a school district under section
15 297.24, subsection 3.
16 NEW PARAGRAPH. k. Access underutilized property or vacant
17 property owned by a school district pursuant to section 279.39,
18 subsection 2.
19 Sec. 4. Section 278.1, subsection 1, paragraph b, Code 2024,
20 is amended to read as follows:
21 b. Except when restricted by section 297.24 or 297.25,
22 direct the sale, lease, or other disposition of any schoolhouse
23 or school site or other property belonging to the corporation,
24 and the application to be made of the proceeds thereof.
25 However, nothing in this section shall not be construed
26 to prevent the sale, lease, exchange, gift, or grant and
27 acceptance of any interest in real or other property of the
28 corporation to the extent authorized in section 297.22 or
29 297.24.
30 Sec. 5. Section 279.39, Code 2024, is amended to read as
31 follows:
32 279.39 School buildings —— reasonable access for charter
33 schools.
34 1. The board of any school corporation directors of a
35 school district shall establish attendance centers and provide
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1 suitable buildings for each school in the district and may
2 at the regular or a special meeting resolve to submit to the
3 registered voters of the district at an election held on a date
4 specified in section 39.2, subsection 4, the question of voting
5 a tax or authorizing the board to issue bonds, or both.
6 2. The board of directors of a school district shall allow
7 charter schools established under chapter 256E reasonable
8 access to underutilized property and vacant property, as those
9 terms are defined in section 297.24, for educational purposes.
10 Sec. 6. Section 297.22, Code 2024, is amended by adding the
11 following new subsection:
12 NEW SUBSECTION. 4. The provisions in subsections 1 through
13 3 relating to the sale or lease of school district property do
14 not apply to underutilized property or vacant property that the
15 board of directors of a school district sells or leases to a
16 charter school pursuant to section 297.24.
17 Sec. 7. NEW SECTION. 297.23 Publication of information
18 related to real property.
19 The board of directors of a school district shall publish
20 information related to all of the following on the school
21 district’s internet site:
22 1. The square footage of each school building owned by the
23 school district.
24 2. The enrollment capacity of each attendance center owned
25 by the school district.
26 3. How each school building owned by the school district is
27 currently utilized by the school district.
28 4. School buildings owned by the school district that are
29 vacant.
30 Sec. 8. NEW SECTION. 297.24 Real property —— sale to other
31 schools —— right of first refusal for charter schools.
32 1. For purposes of this section:
33 a. “Underutilized property” means real property owned by
34 the school district that the school district has determined is
35 not being used to the fullest extent reasonably possible by
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1 the school district because the school district uses the real
2 property irregularly or intermittently or because the school
3 district uses the real property for purposes that only require
4 a portion of the real property.
5 b. “Vacant property” means real property owned by the
6 school district that the school district has determined is not
7 occupied by the school district or is not being put to use by
8 the school district.
9 2. The board of directors of a school district shall not
10 enter into any agreement that prohibits the sale of real
11 property to any of the following:
12 a. A school district.
13 b. An accredited nonpublic school.
14 c. A charter school established pursuant to chapter 256E.
15 d. A charter school or innovation zone school established
16 pursuant to chapter 256F.
17 e. The state board of regents.
18 f. An institution of higher education under the control of
19 the state board of regents.
20 g. An accredited private institution as defined in section
21 256.183.
22 h. An eligible institution as defined in section 256.183.
23 3. The board of directors of a school district shall
24 give a right of first refusal to an existing charter school
25 established pursuant to chapter 256E that is located within the
26 school district to purchase or lease underutilized property and
27 vacant property that the school district is offering to sell or
28 lease.
29 4. Subsection 3 shall be construed as independent of
30 the power vested in the electors by section 278.1, and as
31 additional to such power. If a board of directors of a
32 school district has exercised its independent power under
33 subsection 3 regarding the granting of a right of first
34 refusal to an existing charter school established pursuant to
35 chapter 256E that is located within the school district to
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1 purchase or lease underutilized property or vacant property,
2 and has by resolution approved such action, the electors
3 shall not subsequently proceed to exercise their power under
4 section 278.1 for a purpose directly contrary to the action
5 previously approved by the board of directors in accordance
6 with subsection 3.
7 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 3,
8 shall not apply to this division of this Act.
9 DIVISION III
10 CHARTER SCHOOLS —— BOARD MEMBER RESIDENCE
11 Sec. 10. Section 256E.7, subsection 11, Code 2024, is
12 amended to read as follows:
13 11. A majority of the membership of each charter school’s
14 governing board shall be residents of the geographic area
15 served by the charter school. Each member of the governing
16 board who is not a resident of the geographic area served by
17 the charter school must be a resident of this state.
18 EXPLANATION
19 The inclusion of this explanation does not constitute agreement with
20 the explanation’s substance by the members of the general assembly.
21 This bill relates to education by establishing a right
22 of first refusal for charter schools to purchase or lease
23 school district property and modifying charter school and
24 open enrollment funding, and charter school board member
25 requirements.
26 DIVISION I —— FUNDING FORMULA. The bill requires the
27 department of education, when a student enrolls in a charter
28 school, to pay the charter school a sum equal to the regular
29 program state cost per pupil for the budget year plus the
30 teacher leadership supplement state cost per pupil, the teacher
31 salary supplement cost per pupil, the professional development
32 supplement state cost per pupil, and the early intervention
33 supplement state cost per pupil for the budget year, plus any
34 moneys that would be due to the student’s school district of
35 residence as a result of non-English speaking weighting for the
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1 budget year, multiplied by the state cost per pupil for the
2 budget year. Under current law, the department of education
3 only pays the state cost per pupil, teacher leadership
4 supplement, and non-English speaking weighting based on the
5 previous year as multiplied by the state cost per pupil based
6 on the previous year to a charter school in which a student
7 enrolls. The bill contains similar provisions for a school
8 district of residence’s payments to a school in which a pupil
9 open enrolls.
10 DIVISION II —— SCHOOL DISTRICT PROPERTY. The bill requires
11 the board of directors of a school district to allow charter
12 schools reasonable access to underutilized property and vacant
13 property for educational purposes. The bill also requires the
14 board of directors of a school district to publish information
15 related to the square footage of each school building owned by
16 the school district, the enrollment capacity of each attendance
17 center owned by the school district, how each school building
18 owned by the school district is currently utilized by the
19 school district, and school buildings owned by the school
20 district that are vacant on the school district’s internet
21 site.
22 The bill prohibits the board of directors of a school
23 district from entering into any agreement that prohibits the
24 sale of real property to a school district, an accredited
25 nonpublic school, a charter school, an innovation zone school,
26 the state board of regents, an institution of higher education
27 under the control of the state board of regents, or certain
28 private colleges and universities.
29 The bill requires the board of directors of a school district
30 to give a right of first refusal to an existing charter school
31 established pursuant to Code chapter 256E that is located
32 within the school district to purchase or lease underutilized
33 property and vacant property. The bill provides that this
34 provision is to be construed as independent of the power vested
35 in the electors by Code section 278.1 (power of electors), and
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1 as additional to such power. The bill also provides that if
2 a board of directors of a school district has exercised its
3 independent power under this provision, and has by resolution
4 approved such action, the electors shall not subsequently
5 proceed to exercise their power under Code section 278.1 for
6 a purpose directly contrary to the action previously approved
7 by the board of directors. The bill defines “underutilized
8 property” as real property owned by the school district that
9 the school district has determined is not being used to the
10 fullest extent reasonably possible by the school district
11 because the school district uses the real property irregularly
12 or intermittently or because the school district uses the real
13 property for purposes that only require a portion of the real
14 property. The bill defines “vacant property” as real property
15 owned by the school district that the school district has
16 determined is not occupied by the school district or is not
17 being put to use by the school district.
18 The division may include a state mandate as defined in Code
19 section 25B.3. The division makes inapplicable Code section
20 25B.2, subsection 3, which would relieve a school district
21 from complying with a state mandate if funding for the cost of
22 the state mandate is not provided or specified. Therefore,
23 school districts are required to comply with any state mandate
24 included in the division.
25 DIVISION III —— CHARTER SCHOOLS —— BOARD MEMBER RESIDENCE.
26 Current law provides that each member of the governing board
27 of a charter school established under Code chapter 256E who is
28 not a resident of the geographic area served by the charter
29 school must be a resident of this state. The bill strikes this
30 provision.
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Statutes affected:
Introduced: 256E.8, 280.4, 257.9, 279.39, 297.24, 39.2