Iowa

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2002
Year Charter School Law Was Enacted
3
Estimated Number of Charter Schools in 2018-19
442
Estimated Number of Charter School Students in 2018-19
157
out of
240
Total Score

Iowa’s law does not cap public charter school growth, includes a statewide authorizer, and provides sufficient autonomy and accountability.

Potential areas for improvement include ensuring equitable operational funding and equitable access to capital funding and facilities and strengthening accountability for full-time virtual charter schools. 

Component Scores

Are there caps on the growth of charter schools in this state?

Iowa law does not place any caps on charter school growth.

Subcomponents

Key
Yes
Some
No
Yes
1A
No numeric or geographic limits are placed on the number of charter public schools or students.
N/A
1B
If caps exist, there is room for growth.

Are a variety of charter schools allowed?

Iowa law allows applications for converting an existing building into a charter school or creating a new building for a charter school (which is interpreted as a new start-upnew start-ups and conversions).

Subcomponents

Key
Yes
Some
No
Yes
2A
New startups.
Yes
2B
Public school conversions.

Are non-district authorizers available to which charter applicants may directly apply?

Iowa law requires charter applicants to apply to the state board of education.

Subcomponents

Key
Yes
Some
No
Yes
3A
The state allows an applicant anywhere in the state to apply directly to a non-district authorizer(s).

Is an authorizer and overall program accountability system required?

The law provides that the state board of education shall prepare and file with the general assembly by December 1, annually, a comprehensive report with findings and recommendations relating to the charter school program in the state and whether the charter school program under this chapter is meeting the goals and purposes of the program. The report also shall contain, for each charter school, a copy of the charter school's mission statement, attendance statistics and dropout rate, aggregate assessment test scores, projections of financial stability, and the number and qualifications of teachers and administrators.
The ability of the state board of education to continue authorizing can be removed by the Iowa legislature and governor (the entities that gave it that authority).

Subcomponents

Key
Yes
Some
No
N/A
4A
Registration process for school boards to affirm their interest in authorizing.
N/A
4B
Application process for other eligible authorizing entities (except a state charter schools commission).
Yes
4C
Authorizer submission of annual report.
Yes
4D
The ability for the state to conduct a review of an authorizer’s performance.
Yes
4E
The ability for the state to sanction an authorizer for poor performance, including suspending an authorizer’s authority to approve new schools.
Yes
4F
Periodic formal evaluation of overall state charter school program and outcomes.

Is there adequate authorizer funding?

Iowa law does not include any of the model law's provisions for adequate authorizer funding.

Subcomponents

Key
Yes
Some
No
No
5A
A uniform statewide formula that guarantees annual authorizer funding that is not subject to annual legislative appropriations.
No
5B
Requirement to publicly report detailed authorizer expenditures.
No
5C
Separate contract for any services purchased from an authorizer by a school.
No
5D
Prohibition on authorizers requiring schools to purchase services from them.

Are there transparent charter application, review, and decisionmaking processes?

The law contains application elements for all schools, additional application elements specific to conversion schools, additional application elements specific to using educational service providers, and additional application elements specific to replications.
The law requires a thorough evaluation of each application, including an in-person interview and a public meeting. It also requires the state board of education to share application approval criteria.
If the state board denies an application, the state board shall provide notice of denial to the founding group in writing within thirty days after the state board's action. The notice shall specify the exact reasons for denial and provide documentation supporting those reasons.

Subcomponents

Key
Yes
Some
No
Yes
6A
Application elements for all schools.
Yes
6B
Additional application elements specific to conversion schools.
Yes
6C
Additional application elements specific to using educational service providers.
Yes
6D
Additional application elements specific to replications.
Yes
6E
Requirement for thorough evaluation of each application, including an in-person interview and a public meeting.
Yes
6F
Application approval criteria.
Some
6G
All charter approval or denial decisions made in a public meeting with authorizers stating reasons for denials in writing.

Are performance-based charter contracts required?

The law requires performance-based charter contracts being created as a separate document from the application and executed by the charter school and the authorizer.
The law requires the contracts to define the roles, powers, and responsibilities for the school and its authorizer, define academic, financial, and operational performance expectations by which the school will be judged based on a performance framework, and provide an initial term of five operating years.

Subcomponents

Key
Yes
Some
No
Yes
7A
Being created as a separate document from the application and executed by the governing board of the charter school and the authorizer.
Yes
7B
Defining the roles, powers, and responsibilities for the school and its authorizer.
Yes
7C
Defining academic, financial, and operational performance expectations by which the school will be judged based on a performance framework.
Yes
7D
Providing an initial term of five operating years.

Are there comprehensive charter school monitoring and data collection processes?

The law provides that each charter school shall prepare and file an annual report with the state department of education.
The law provides that the state board shall monitor the performance and compliance of each charter school the state board approves, including collecting and analyzing data according to the charter school contract. Such oversight may include inquiries and investigation of the charter school so long as the activities are consistent with the intent of the charter school law, adhere to the terms of the charter school contract, and do not unduly inhibit the autonomy granted to the charter school. Any performance report resulting from an inquiry or investigation under this section shall, upon conclusion of such action, be included in the annual report required under the charter school law.

If a charter school's performance under the charter school contract or compliance with applicable laws or rules is unsatisfactory, the law provides that the state board shall notify the charter school of the perceived problem and provide reasonable opportunity for the school to remedy the problem, unless the problem warrants revocation, in which case the revocation provisions of the charter school law apply.

The law provides that the state board may take appropriate corrective actions or impose sanctions, other than revocation, in response to deficiencies in the charter school's performance or compliance with applicable laws and rules. Such actions or sanctions may include requiring the charter school to develop and execute a corrective action plan within a specified time period.

The law provides that the state board is responsible for collecting, analyzing, and reporting all data from state assessments and other state data sources in accordance with the performance framework. However, all efforts shall be made by all
parties to the charter school contract to eliminate or reduce duplicative data reporting requirements.

Subcomponents

Key
Yes
Some
No
Yes
8A
Required annual school performance reports.
Yes
8B
Financial accountability for charter schools (e.g., generally accepted accounting principles, independent annual audit reported to authorizer).
Yes
8C
Authorizer authority to conduct oversight activities.
Yes
8D
Authorizer notification to its schools of perceived problems, with opportunities to remedy such problems.
Yes
8E
Authorizer authority to take appropriate corrective actions or exercise sanctions short of revocation.
Yes
8F
Authorizer may not request duplicative data submission from its charter schools and may not use performance framework to create cumbersome reporting requirements.

Are there clear processes for renewal, nonrenewal, and revocation decisions?

Annually, by June 30, the law provides that the state board shall issue a charter school performance report and charter school contract renewal application guidance to each charter school whose charter school contract will expire during the following school budget year. The performance report shall summarize the charter school's performance record to date based on the data required by the charter school contract and by this chapter and shall identify concerns that may jeopardize renewal of the charter school contract if not remedied. The charter school shall have sixty days to respond to the performance report and submit any corrections or clarifications for the report.

The renewal application guidance shall, at a minimum, include the criteria that will be used when assessing charter school contract renewal decisions and provide an opportunity for the charter school to: present additional evidence, beyond the data contained in the performance report; describe improvements undertaken or planned for the charter school; and describe the charter school's plans, including any proposed modifications, for the next charter school contract term.

No later than October 1, the governing board of a charter school seeking renewal shall submit a renewal application to the state board pursuant to the renewal application guidance. A renewal or denial shall be approved by resolution of the state board within sixty days following the filing of the renewal application.

Unless eligible for expedited renewal under the charter school law, when reviewing a charter school contract renewal application, the state board shall do all of the following: use evidence of the school's performance over the term of the charter school contract in accordance with the applicable performance framework; ensure that data used in making renewal decisions is available to the charter school and the public; and provide a report summarizing the evidence that served as a basis for the decision.

A charter school contract may be revoked at any time or not renewed if the state board determines that the charter school did any of the following: committed a material violation of any of the terms, conditions, standards, or procedures required under the charter school contract or this chapter; failed to meet or make sufficient progress toward the performance expectations set forth in the charter school contract; failed to meet generally accepted standards of fiscal management; or violated a provision of law from which the charter school was not exempted.

The state board shall develop charter school contract revocation and nonrenewal standards and procedures that do all of the following: provide the charter school with a timely notice of the possibility of revocation or nonrenewal and of the reasons therefor; allow the charter school a reasonable period of time in which to prepare a response to any notice received; provide the charter school an opportunity to submit documents and give testimony challenging the decision to revoke the charter school contract or the decision to not renew the contract; allow the charter school the opportunity to hire legal representation and to call witnesses; permit the audio or video recording of such proceedings; and require a final decision to be conveyed in writing to the charter school.

A decision to revoke or to not renew a charter school contract shall be by resolution of the state board and shall clearly state the reasons for the revocation or nonrenewal.

If a charter school has been evaluated and graded to be in the exceptional category, or the highest rated category under a succeeding evaluation system, under the evaluation and grading required under section 256E.9, subsection 5, for the immediately preceding two school years, and the charter school is in compliance with the current charter school contract and all provisions of the charter school law, the charter school's application renewal shall be renewed for an additional period of time equal to the length of the original charter school contract or the most recent renewal of the contract, whichever is longer, unless the state board provides written notice to the charter school of the state board's rejection of the expedited renewal within sixty days of the filing of the application. The state board shall not reject an expedited renewal application unless the state board finds exceptional circumstances for the rejection or seeks material changes to the charter school contract.

Prior to any charter school closure decision, the law provides that the state board shall develop a charter school closure protocol to ensure timely notice to parents and guardians, provide for the orderly transition of students and student records to new schools, and to provide proper disposition of school funds, property, and assets in accordance with the requirements of this chapter. The protocol shall specify required actions and timelines and identify responsible parties for each such action.

In the event of a charter school closure, the law provides that the assets of the charter school shall be used first to satisfy outstanding payroll obligations for employees of the school, then to creditors of the school, then to the public school district in which the charter school operated, if applicable, and then to the state general fund. If the assets of the charter school are insufficient to pay all obligations of the charter school, the prioritization of the distribution of assets shall be consistent with this subsection and otherwise determined by the district court.

Subcomponents

Key
Yes
Some
No
Yes
9A
Authorizer must issue school performance renewal reports to schools whose charter will expire the following year.
Yes
9B
Schools seeking renewal must apply for it.
Yes
9C
Authorizers must issue renewal application guidance that provides an opportunity for schools to augment their performance record and discuss improvements and future plans.
Yes
9D
Ability to have a differentiated process for renewal of high-performing charter schools.
Yes
9E
Authorizers must use clear criteria for renewal and nonrenewal/revocation.
Yes
9F
Authorizers must ground renewal decisions based on evidence regarding the school’s performance over the term of the charter contract in accordance with the performance framework set forth in the charter contract.
No
9G
Requirement that authorizers close chronically low-performing charter schools unless exceptional circumstances exist.
Yes
9H
Authorizers must have the authority to vary length of charter renewal contract terms based on performance or other issues.
Yes
9I
Authorizers must provide charter schools with timely notification of potential revocation or nonrenewal (including reasons) and reasonable time to respond.
Yes
9J
Authorizers must provide charter schools with due process for nonrenewal and revocation decisions (e.g., public hearing, submission of evidence).
Yes
9K
All charter renewal, nonrenewal, and revocation decisions must be made in a public meeting, with authorizers stating reasons for nonrenewals and revocations in writing.
Yes
9L
Authorizers must have school closure protocols to ensure timely parent notification, orderly student and record transitions, and property and asset disposition.
No
9M
Any transfer of charter contracts from one authorizer to another are only allowed if they are approved by the state.

Is there transparency regarding educational service providers?

The law allows charter school governing boards to contract with an education service provider for the management and operation of the charter school so long as the governing board retains oversight authority over the charter school.
If the application includes a proposal that the governing board contracts with an education service provider, the law requires evidence
of the education service provider's success in serving student populations similar to that which is proposed in the application and if the education service provider operates other charter schools, evidence of past performance of such other charter schools and evidence of the education service provider's capacity for growth.
The law provides that individuals compensated by an education service provider are prohibited from serving as a voting member on the governing board of any charter school unless the state board waives such prohibition.
The law provides that each charter school governing board shall be required to adopt a conflict of interest policy and a code of ethics for all board members and employees.
If the charter school is operated by an education service provider, the law provides that the governing board of the charter school shall have access to all records of the education service provider that are necessary to evaluate any provision of the contract or evaluate the education service provider's performance under the contract.

Subcomponents

Key
Yes
Some
No
Yes
10A
All types of educational service providers (both for-profit and nonprofit) are allowed to operate all or parts of schools.
Yes
10B
The charter application requires (1) performance data for all current and past schools operated by the ESP, and (2) explanation and evidence of the ESP’s capacity for successful growth while maintaining quality in existing schools.
No
10C
A performance contract is required between the independent charter school board and the ESP, with such contract approved by the school’s authorizer.
Yes
10D
School governing boards operate as entities completely independent of any ESP, individuals compensated by an ESP are prohibited from serving as voting members on such boards, and existing and potential conflicts of interest between the two entities are required to be disclosed and explained in the charter application.
Yes
10E
Provides that charter school governing boards must have access to ESP records necessary to oversee the ESP contract.
No
10F
An ESP must annually provide information to its charter school governing board on how that ESP spends public funding it receives when the ESP is performing a public function under applicable state law.
No
10G
Requires that similar criminal history record checks and fingerprinting requirements applicable to other public schools shall also be mandatory for on-site employees of ESPs who regularly come into contact with students.

Are the schools fiscally and legally autonomous with independent charter school boards?

Iowa law includes a small number of the model law’s provisions for fiscally and legally autonomous schools with independent public charter school boards.
Iowa law provides that charter schools may enter into contracts for public construction bidding.
Iowa law requires charter schools to remain a legal part of the local school district, with the charter schools having only an advisory council.are fiscally and legally autonomous schools with independent public charter school boards.

Subcomponents

Key
Yes
Some
No
Yes
11A
Fiscally autonomous schools (e.g., schools have clear statutory authority to receive and disburse funds; incur debt; and pledge, assign, or encumber assets as collateral).
Yes
11B
Legally autonomous schools (e.g., schools have clear statutory authority to enter into contracts and leases, sue and be sued in their own names, and acquire real property).
Yes
11C
Independent school governing boards created specifically to govern their charter schools.

Are there clear student enrollment and lottery procedures?

The law provides that charter schools provide open enrolment to any student in the state.
The law provides that charter schools meet all applicable federal, state, and local health and safety requirements and laws prohibiting discrimination on the basis of race, creed, color, sex, sexual orientation, gender identity, national origin, religion, ancestry, or disability.
The law provides that enrollment priority shall be given to the siblings of students enrolled in a charter school.
The law provides that a charter school shall enroll an eligible student who submits a timely application unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, students must be accepted by lot.

Subcomponents

Key
Yes
Some
No
Yes
12A
Open enrollment to any student in the state.
Yes
12B
Anti-discrimination provisions regarding admissions.
No
12C
Required enrollment preferences for previously enrolled students within conversions and for prior-year students within charter schools.
Yes
12D
Lottery requirements.

Is there automatic exemption from many state and district laws and regulations?

While the law states that a charter school is exempt from all state statutes and rules and any local rule, regulation, or policy, applicable to a noncharter school (with a list of exceptions detailed in the charter school law), it also requires charter school applicants to lists the specific statutes and administrative rules with which the charter school does not intend to comply.
Iowa law requires all charter school teachers to be certified.

Subcomponents

Key
Yes
Some
No
Some
13A
Exemptions from all laws, except those covering health, safety, civil rights, student accountability, employee criminal history checks, open meetings, freedom of information, and generally accepted accounting principles.
No
13B
Exemption from state teacher certification requirements.

Is there an automatic collective bargaining exemption?

Charter schools authorized by non-district authorizers are exempt from participation in any outside collective bargaining agreements.
Prior to the Supreme Court’s Janus v. AFSCME decision, Iowa state law prohibited unions from compelling agency fees from non-union members. Therefore, the Supreme Court’s decision did not have any direct effect on unions in the state. There have been some recent changes in state policy regarding public sector unions, however. Recent changes in state code now require that recertification occur with each new collective bargaining agreement and that an exclusive representative demonstrate support from a majority of employees, not just a majority of votes cast. In addition, a new law passed in 2017 prohibits school districts from authorizing or administering a deduction of membership dues from its employees.
Iowa state statute lays out a process for employees to designate an exclusive representative, an authority that it delegates to the Public Employees Relations Board (PERB). To certify an exclusive representative, the bargaining unit or the employer must submit evidence from 30 percent of employees requesting collective bargaining. The PERB must evaluate the request and initiate an election, in which a labor organization must receive votes from a majority of employees. If the labor organization fails to secure votes from a majority of employees, there is no provision for a runoff election and the labor organization fails to win a right to exclusive representation. An election cannot be held less than 150 days from the end of an existing collective bargaining agreement.

Subcomponents

Key
Yes
Some
No
Yes
14A
Charter schools authorized by nonlocal board authorizers are exempt from participation in any outside collective bargaining agreements.
N/A
14B
Charter schools authorized by local boards are exempt from participation in any district collective bargaining agreements.

Are multischool charter contracts and/or multicharter contract boards allowed?

A charter school contract may be amended to govern multiple charter schools operated by the same applicant and approved by the state board. However, each charter school that is part of a charter school contract shall be separate and distinct from any other charter school governed by the contract.
The law provides that multiple charter schools operating under a single charter school contract shall be required to report their performance data as separate, individual schools, with each charter school held independently accountable for performance.

Subcomponents

Key
Yes
Some
No
Yes
15A
Oversee multiple schools linked under a single contract with independent fiscal and academic accountability for each school.
No
15B
Hold multiple charter contracts with independent fiscal and academic accountability for each school.

Is there eligibility and access to extracurricular and interscholastic activities?

Iowa law is silent about charter eligibility and access.

Subcomponents

Key
Yes
Some
No
No
16A
Laws or regulations explicitly state that charter school students and employees are eligible to participate in all extracurricular and interscholastic activities available to noncharter public school students and employees.
No
16B
Laws or regulations explicitly allow charter school students in schools not providing extracurricular and interscholastic activities to have access to those activities at noncharter public schools.

Is there clear identification of special education responsibilities?

The law requires charter schools to provide special education services in accordance with state law.
For a student requiring special education, the law provides that the school district of residence shall pay to the charter school the actual costs incurred in providing the appropriate special education.

Subcomponents

Key
Yes
Some
No
Yes
17A
Clarity regarding which entity is the local education agency (LEA) responsible for providing special education services.
Yes
17B
Clarity regarding the flow of federal, state, and local special education funds to the designated LEA.
No
17C
Clarity regarding funding for low-incident, high-cost services for charter schools (in the same amount and/or in a manner similar to other LEAs).
No
17D
Clarity that charter schools have access to all regional and state services and supports available to traditional districts.

Is there equitable operational funding and equal access to all state and federal categorical funding?

The law provides that each student enrolled in a charter school shall be counted, for state school foundation purposes, in the student's district of residence pursuant to section 257.6, subsection 1, paragraph subparagraph (9), including any applicable amounts under section 256B.9.
The law provides that the school district of residence shall pay to the charter school in which the student is enrolled in the manner required under section 282.18, and pursuant to the timeline in section 282.20, subsection 3, an amount equal to the sum of the state cost per pupil for the previous school year plus the teacher leadership supplement state cost per pupil for the previous fiscal year as provided in section 257.9 plus any moneys received for the student as a result of the non-English speaking weighting under section 280.4, subsection 3, for the previous school year multiplied by the state cost per pupil for the previous year.
For each student enrolled in the charter school who was not included in the actual enrollment of the district of residence under section 257.6, subsection 1, in the previous school year, the amount otherwise required to be paid under paragraph or "b" shall instead be paid by the department to the charter school for the student's initial year of enrollment in the charter school. There is appropriated annually from the general fund of the state to the department of education an amount necessary to pay these amounts to charter schools.
If necessary, and pursuant to rules adopted by the state board, funding amounts required for the first school year of a new charter school shall be based on enrollment estimates for the charter school included in the charter school contract. Initial amounts paid using estimated enrollments shall be reconciled during the subsequent payment based on actual enrollment of the charter school during the first school year.

Subcomponents

Key
Yes
Some
No
Some
18A
Equitable operational funding statutorily driven.
No
18B
Equal access to all applicable categorical federal and state funding and clear guidance on the pass-through of such funds.
No
18C
Funding for transportation similar to school districts.
No
18D
Annual report offering district and charter school funding comparisons and including annual recommendations to the legislature for any needed equity enhancements.

Is there equitable access to capital funding and facilities?

Iowa law does not include any of the model law's provisions for equitable access to capital funding and facilities.

Subcomponents

Key
Yes
Some
No
Facilities Funding
No
19A
A per-pupil facilities allowance that annually reflects actual average district capital costs.
No
19B
A state grant program, such as one specific for charter school facilities or equal access to existing state facilities programs available to non-charter public schools.
No
19C
The inclusion of charter schools in school district mill levy requests regarding facilities.
Access to Public Space
No
19D
Access to public space, such as: * A requirement for districts to provide district space or funding to charter schools if the majority of that schools’ students reside in that district. * Right of first refusal to purchase or lease at or below fair market value a closed, unused, or underused public school facility or property.
Access to Financing Tools
No
19E
19E. Access to financing tools, such as: * State loan program for charter school facilities. ^ Equal access to tax-exempt bonding authorities or allowing charter schools to have their own bonding authority. * Pledging the moral obligation of the state to help charter schools obtain more favorable bond financing terms. * The creation and funding of a state charter school debt reserve fund. * The inclusion of charter schools in school district bonding requests. * A mechanism to provide credit enhancement for charter school facilities.

Is there access to relevant employee retirement systems?

The law is silent regarding access to relevant employees retirement systems.Iowa law requires participation in the relevant employee retirement systems.

Subcomponents

Key
Yes
Some
No
No
20A
Charter schools have access to relevant state retirement systems available to other public schools.
N/A
20B
Charter schools have the option to participate (i.e., not required).

Are there provisions for full-time virtual charter schools?

Iowa law does not contain any of the model law’s provisions for full-time virtual charter schools.

Subcomponents

Key
Yes
Some
No
No
21A
An authorizing structure whereby full-time virtual charter schools that serve students from more than one district may be approved only by an authorizer with statewide chartering jurisdiction and authority, full-time virtual charter schools that serve students from one school district may be authorized by that school district, and a cap is placed on the total amount of funding that an authorizer may withhold from a full-time virtual charter school.
No
21B
Legally permissible criteria and processes for enrollment based on the existence of supports needed for student success.
No
21C
Enrollment level provisions that establish maximum enrollment levels for each year of a charter contract, with any increases in enrollment from one year to the next based on whether the school meets its performance requirements.
No
21D
Accountability provisions that include virtual-specific goals regarding student enrollment, attendance, engagement, achievement, truancy, and attrition.
No
21E
Funding levels per student based on costs proposed and justified by the operators.
No
21F
Performance-based funding whereby full-time virtual charter schools are funded via a performance-based funding system based on meeting the accountability performance provisions.