Creates, repeals, and modifies provisions relating to elementary and secondary education

EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1496
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR GREGORY (21).
5995S.03I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 135.712, 135.713, 135.715, 135.716, 160.400, 160.405, 160.410, 160.415,
166.700, 166.720, 167.241, 167.895, and 167.898, RSMo, and to enact in lieu thereof
sixteen new sections relating to elementary and secondary education.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 135.712, 135.713, 135.715, 135.716, 1
160.400, 160.405, 160.410, 160.415, 166.700, 166.720, 167.241, 2
167.895, and 167.898, RSMo, are repealed and sixteen new 3
sections enacted in lieu thereof, to be known as sections 4
135.712, 135.713, 135.715, 135.716, 160.400, 160.405, 160.410, 5
160.415, 160.422, 162.092, 166.700, 166.720, 167.241, 167.895, 6
167.898, and 168.189, to read as follows:7
135.712. 1. Sections 135.712 to 135.719 and sections 1
166.700 to 166.720 establish the "Missouri Empowerment 2
Scholarship Accounts Program" to provide options toward 3
ensuring the education of students in this state. 4
2. As used in sections 135.712 to 135.719, the 5
following terms mean: 6
(1) "Educational assistance organization", a 7
charitable organization registered in this state that is 8
exempt from federal taxation under the Internal Revenue Code 9
of 1986, as amended, that is certified by the state 10
treasurer, and that allocates all of its annual revenue for 11
educational assistance, except as provided in paragraph (i) 12
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of subdivision (4) of subsection 1 of section 135.714 and as 13
provided in sections 135.712 to 135.719, derived from 14
contributions for which a credit is claimed under sections 15
135.712 to 135.719 or from appropriations distributed 16
pursuant to subdivision (2) of subsection 6 of section 17
135.716; 18
(2) "Parent", a parent, guardian, custodian, or other 19
person with authority to act on behalf of the qualified 20
student; 21
(3) "Program", the Missouri empowerment scholarship 22
accounts program established under sections 135.712 to 23
135.719 and sections 166.700 to 166.720; 24
(4) "Qualified student", the same meaning as used in 25
section 166.700; 26
(5) "Qualifying contribution", a donation of cash, 27
stocks, bonds, or other marketable securities for purposes 28
of claiming a tax credit under sections 135.712 to 135.719; 29
(6) "Scholarship account", a savings account created 30
by the Missouri empowerment scholarship accounts program; 31
(7) "Taxpayer", any of the following that files a 32
Missouri income tax return and is not a dependent of any 33
other taxpayer: 34
(a) An individual subject to the state income tax 35
imposed by chapter 143; 36
(b) An individual, firm, partner in a firm, 37
corporation, or shareholder in an S corporation doing 38
business in this state and subject to the state income tax 39
imposed by chapter 143; or 40
(c) An express company that pays an annual tax on its 41
gross receipts in this state under chapter 153. 42
135.713. 1. Any taxpayer who makes a qualifying 1
contribution to an educational assistance organization after 2
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August 28, 2021, may claim a credit against the tax 3
otherwise due under chapter 143, other than taxes withheld 4
under sections 143.191 to 143.265, and chapter 153 in an 5
amount equal to one hundred percent of the amount the 6
taxpayer contributed during the tax year for which the 7
credit is claimed. No taxpayer shall claim a credit 8
pursuant to sections 135.712 to 135.719 for any contribution 9
made by the taxpayer, or an agent of the taxpayer, on behalf 10
of the taxpayer's dependent or, in the case of a business 11
taxpayer, on behalf of the business's agent's dependent. 12
2. The amount of the tax credit claimed shall not 13
exceed fifty percent of the taxpayer's state tax liability 14
for the tax year for which the credit is claimed. The state 15
treasurer shall certify the tax credit amount to the 16
taxpayer. A taxpayer may carry the credit forward to any of 17
his or her four subsequent tax years. All tax credits 18
authorized pursuant to the program shall not be transferred, 19
sold, or assigned, and are not refundable. 20
3. The cumulative amount of tax credits that may be 21
allocated to all taxpayers contributing to educational 22
assistance organizations in any one calendar year shall not 23
exceed a maximum of [seventy-five] one hundred fifty million 24
dollars. Such maximum amount shall be annually adjusted by 25
the state treasurer in an amount equal to the percent 26
increase or decrease in the amount of state aid distributed 27
to school districts pursuant to the provisions of section 28
163.031 in the current fiscal year as compared to such 29
amount in the preceding fiscal year, rounded to the nearest 30
thousandth. The state treasurer shall establish a procedure 31
by which, from the beginning of the calendar year until 32
August first, the cumulative amount of tax credits shall be 33
allocated on a first-come, first-served basis among all 34
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educational assistance organizations. If an educational 35
assistance organization fails to use all, or some percentage 36
to be determined by the state treasurer, of its allocated 37
tax credits during this period, the state treasurer may 38
reallocate these unused tax credits to those educational 39
assistance organizations that have used all, or some 40
percentage to be determined by the state treasurer, of their 41
allocated tax credits during this period. The state 42
treasurer may establish more than one period and reallocate 43
more than once during each calendar year. The state 44
treasurer shall establish the procedure described in this 45
subsection in such a manner as to ensure that taxpayers can 46
claim all the tax credits possible up to the cumulative 47
amount of tax credits available for the calendar year. 48
4. A taxpayer who makes a contribution to an education 49
assistance organization shall not designate the student who 50
will receive a scholarship grant. 51
5. The provisions of sections 135.712 to 135.719 and 52
sections 166.700 to 166.720 shall be effective in any fiscal 53
year immediately after any fiscal year in which the amount 54
appropriated for pupil transportation pursuant to section 55
163.161 equals or exceeds forty percent of the projected 56
amount necessary to fully fund transportation aid funding 57
for fiscal year 2021. If the amount appropriated for 58
transportation pursuant to section 163.161 in any succeeding 59
year falls below such amount, no additional scholarships for 60
newly qualified students shall be awarded. 61
135.715. 1. The cumulative amount of tax credits that 1
may be allocated to all taxpayers contributing to 2
educational assistance organizations in the first year of 3
the program shall not exceed twenty-five million dollars. 4
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2. The state treasurer shall limit the number of 5
educational assistance organizations that are certified to 6
administer scholarship accounts to no more than [ten] 7
fifteen such organizations in any single school year. [If 8
the total contributions to educational assistance 9
organizations exceed twenty-five million dollars in any 10
school year, the state treasurer may certify one additional 11
educational assistance organization to administer 12
scholarship accounts.] No more than [seven] eleven of such 13
organizations shall have their principal place of business 14
in: 15
(1) A county of the first classification with more 16
than two hundred sixty thousand but fewer than three hundred 17
thousand inhabitants; 18
(2) A county with a charter form of government and 19
with more than six hundred thousand but fewer than seven 20
hundred thousand inhabitants; 21
(3) A county with a charter form of government and 22
with more than three hundred thousand but fewer than four 23
hundred fifty thousand inhabitants; 24
(4) A county with a charter form of government and 25
with more than nine hundred fifty thousand inhabitants; or 26
(5) A city not within a county. 27
3. The state treasurer may delegate any duties 28
assigned to the state treasurer under sections 135.712 to 29
135.719 and sections 166.700 to 166.720 to the "Missouri 30
Empowerment Scholarship Accounts Board", which is hereby 31
established. The Missouri empowerment scholarship accounts 32
board shall consist of the state treasurer, who shall serve 33
as chair, the commissioner of the department of higher 34
education and workforce development, the commissioner of 35
education, one member appointed by the president pro tempore 36
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of the senate, one member appointed by the speaker of the 37
house of representatives, one member appointed by the 38
governor with the advice and consent of the senate, and one 39
member appointed by the six aforementioned board members who 40
is an employee of an educational assistance organization and 41
whose responsibilities are directly related to such 42
organization's involvement in the empowerment scholarship 43
accounts program. The appointed members shall serve terms 44
of four years or until their successors have been appointed 45
and qualified. The board shall have all powers and duties 46
assigned to the state treasurer under sections 135.712 to 47
135.719 and sections 166.700 to 166.720 that are delegated 48
to the board by the state treasurer. The board shall assist 49
the state treasurer with data collection, collaboration with 50
the department of elementary and secondary education, making 51
recommendations to the state treasurer regarding the 52
promulgation of rules concerning the program. Members of 53
the board shall not receive compensation for their service, 54
but may receive reimbursement for necessary expenses. 55
4. Notwithstanding the provisions of subsection 7 of 56
section 135.716 to the contrary, four percent of the total 57
qualifying contributions received by each educational 58
assistance organization per calendar year shall be deposited 59
in the Missouri empowerment scholarship accounts fund to be 60
used by the state treasurer for marketing and administrative 61
expenses or the costs incurred in administering the program, 62
whichever is less. 63
5. Notwithstanding the provisions of subdivision (5) 64
of subsection 2 of section 135.712 to the contrary, the term 65
"qualifying contribution" shall mean a donation of cash, 66
including, but not limited to, checks drawn on a banking 67
institution located in the continental United States in U.S. 68
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dollars (other than cashier checks, or third-party checks 69
exceeding ten thousand dollars), money orders, payroll 70
deductions, and electronic fund transfers. This term shall 71
not include stocks, bonds, other marketable securities, or 72
property. 73
135.716. 1. The state treasurer shall provide a 1
standardized format for a receipt to be issued by an 2
educational assistance organization to a taxpayer to 3
indicate the value of a contribution received. The 4
department of revenue shall require a taxpayer to provide a 5
copy of this receipt if claiming the tax credit authorized 6
by the program. 7
2. The state treasurer shall provide a standardized 8
format for educational assistance organizations to report 9
the information required in subsection 1 of this section. 10
3. The state treasurer or state auditor may conduct an 11
investigation if the state treasurer possesses evidence of 12
fraud committed by the educational assistance organization. 13
4. The state treasurer may bar an educational 14
assistance organization from participating in the program if 15
the state treasurer establishes that the educational 16
assistance organization has intentionally and substantially 17
failed to comply with the requirements of section 135.714. 18
If the state treasurer bars an educational assistance 19
organization from the program under this subsection, the 20
organization shall notify affected qualified students and 21
their parents of the decision as soon as possible after the 22
decision is made. 23
5. The state treasurer shall issue a report on the 24
state of the program five years after it goes into effect. 25
The report shall include, but is not limited to: 26
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(1) Information regarding the finances of the 27
educational assistance organizations; and 28
(2) Educational outcomes of qualified students. 29
6. (1) There is hereby created in the state treasury 30
the "Missouri Empowerment Scholarship Accounts Fund", which 31
shall consist of moneys collected under this section. The 32
state treasurer shall be custodian of the fund. In 33
accordance with sections 30.170 and 30.180, the state 34
treasurer may approve disbursements. The fund shall be a 35
dedicated fund, and moneys in the fund shall be used solely 36
by the state treasurer for the purposes of sections 135.712 37
to 135.719 and sections 166.700 to 166.720. 38
(2) The general assembly may appropriate funds to the 39
Missouri empowerment scholarship accounts fund or to the 40
state treasurer's office for the purpose of awarding 41
scholarships to qualified students in an order and in 42
amounts consistent with the provisions of section 135.714 43
and through agreements that satisfy the provisions of 44
section 166.705. 45
(3) Notwithstanding the provisions of section 33.080 46
to the contrary, any moneys remaining in the fund at the end 47
of the biennium shall not revert to the credit of the 48
general revenue fund. 49
[(3)] (4) The state treasurer shall invest moneys in 50
the fund in the same manner as other funds are invested. 51
Any interest and moneys earned on such investments shall be 52
credited to the fund. 53
7. Two percent of the total qualifying contributions 54
received by each educational assistance organization per 55
calendar year shall be deposited in the Missouri empowerment 56
scholarship accounts fund to be used by the state treasurer 57
for marketing and administrative expenses or the costs 58
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incurred in administering the program, whichever is less. 59
The state treasurer shall establish procedures to ensure the 60
percentage of funds for administration of the program is 61
directed to the state treasurer in a timely manner with the 62
necessary information to verify the correct amount has been 63
transmitted. 64
8. Nothing in sections 135.712 to 135.719 or sections 65
166.700 to 166.720 shall be construed to limit the 66
appropriation authority of the general assembly. 67
160.400. 1. A charter school is an independent public 1
school. 2
2. Except as further provided in subsection 4 of this 3
section, charter schools may be operated [only: 4
(1) In a metropolitan school district; 5
(2) In an urban school district containing most or all 6
of a city with a population greater than three hundred fifty 7
thousand inhabitants; 8
(3) In a school district that has been classified as 9
unaccredited by the state board of education; 10
(4) In a school district that has been classified as 11
provisionally accredited by the state board of education and 12
has received scores on its annual performance report 13
consistent with a classification of provisionally accredited 14
or unaccredited for three consecutive school years beginning 15
with the 2012-13 accreditation year under the following 16
conditions: 17
(a) The eligibility for charter schools of any school 18
district whose provisional accreditation is based in whole 19
or in part on financial stress as defined in sections 20
161.520 to 161.529, or on financial hardship as defined by 21
rule of the state board of education, shall be decided by a 22
vote of the state board of education during the third 23
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consecutive school year after the designation of provisional 24
accreditation; and 25
(b) The sponsor is limited to the local school board 26
or a sponsor who has met the standards of accountability and 27
performance as determined by the department based on 28
sections 160.400 to 160.425 and section 167.349 and properly 29
promulgated rules of the department; 30
(5) In a school district located within a county with 31
more than one hundred fifty thousand but fewer than two 32
hundred thousand inhabitants, provided that the provisions 33
of subsections 15 to 18 of section 160.415 shall not apply 34
to any charter school operated in such county; or 35
(6) In a school district that has been accredited 36
without provisions, sponsored only by the local school 37
board; provided that no board with a current year enrollment 38
of one thousand five hundred fifty students or greater shall 39
permit more than thirty-five percent of its student 40
enrollment to enroll in charter schools sponsored by the 41
local board under the authority of this subdivision, except 42
that this restriction shall not apply to any school district 43
that subsequently becomes eligible under subdivision (3) or 44
(4) of this subsection or to any district accredited without 45
provisions that sponsors charter schools prior to having a 46
current year student enrollment of one thousand five hundred 47
fifty students or greater] in any school district. 48
3. [Except as further provided in subsection 4 of this 49
section,] The following entities are eligible to sponsor 50
charter schools: 51
(1) The school board of the district in any district 52
which is sponsoring a charter school as of August 27, 2012, 53
as permitted under subdivision (1) or (2) of subsection 2 of 54
this section, the special administrative board of a 55
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metropolitan school district during any time in which powers 56
granted to the district's board of education are vested in a 57
special administrative board, or if the state board of 58
education appoints a special administrative board to retain 59
the authority granted to the board of education of an urban 60
school district containing most or all of a city with a 61
population greater than three hundred fifty thousand 62
inhabitants, the special administrative board of such school 63
district; 64
(2) A public four-year college or university with an 65
approved teacher education program that meets regional or 66
national standards of accreditation; 67
(3) A community college, the service area of which 68
encompasses some portion of the district; 69
(4) Any private four-year college or university with 70
an enrollment of at least one thousand students, with its 71
primary campus in Missouri, and with an approved teacher 72
preparation program; 73
(5) Any two-year private vocational or technical 74
school designated as a 501(c)(3) nonprofit organization 75
under the Internal Revenue Code of 1986, as amended, and 76
accredited by the Higher Learning Commission, with its 77
primary campus in Missouri; 78
(6) The Missouri charter public school commission 79
created in section 160.425. 80
4. [Changes in a school district's accreditation 81
status that affect charter schools shall be addressed as 82
follows, except for the districts described in subdivisions 83
(1) and (2) of subsection 2 of this section: 84
(1) As a district transitions from unaccredited to 85
provisionally accredited, the district shall continue to 86
fall under the requirements for an unaccredited district 87
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until it achieves three consecutive full school years of 88
provisional accreditation; 89
(2) As a district transitions from provisionally 90
accredited to full accreditation, the district shall 91
continue to fall under the requirements for a provisionally 92
accredited district until it achieves three consecutive full 93
school years of full accreditation; 94
(3) In any school district classified as unaccredited 95
or provisionally accredited where a charter school is 96
operating and is sponsored by an entity other than the local 97
school board, when the school district becomes classified as 98
accredited without provisions, a charter school may continue 99
to be sponsored by the entity sponsoring it prior to the 100
classification of accredited without provisions and shall 101
not be limited to the local school board as a sponsor.] A 102
charter school operating in [a] any school district 103
[identified in subdivision (1), (2), or (5) of subsection 2 104
of this section] may be sponsored by any of the entities 105
identified in subsection 3 of this section[, irrespective of 106
the accreditation classification of the district in which it 107
is located]. A charter school in a district [described in 108
this subsection] whose charter provides for the addition of 109
grade levels in subsequent years may continue to add levels 110
until the planned expansion is complete to the extent of 111
grade levels in comparable schools of the district in which 112
the charter school is operated. 113
5. The mayor of a city not within a county may request 114
a sponsor under subdivision (2), (3), (4), (5), or (6) of 115
subsection 3 of this section to consider sponsoring a 116
"workplace charter school", which is defined for purposes of 117
sections 160.400 to 160.425 as a charter school with the 118
ability to target prospective students whose parent or 119
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parents are employed in a business district, as defined in 120
the charter, which is located in the city. 121
6. No sponsor shall receive from an applicant for a 122
charter school any fee of any type for the consideration of 123
a charter, nor may a sponsor condition its consideration of 124
a charter on the promise of future payment of any kind. 125
7. The charter school shall be organized as a Missouri 126
nonprofit corporation incorporated pursuant to chapter 355. 127
The charter provided for herein shall constitute a contract 128
between the sponsor and the charter school. 129
8. As a nonprofit corporation incorporated pursuant to 130
chapter 355, the charter school shall select the method for 131
election of officers pursuant to section 355.326 based on 132
the class of corporation selected. Meetings of the 133
governing board of the charter school shall be subject to 134
the provisions of sections 610.010 to 610.030. 135
9. A sponsor of a charter school, its agents and 136
employees are not liable for any acts or omissions of a 137
charter school that it sponsors, including acts or omissions 138
relating to the charter submitted by the charter school, the 139
operation of the charter school and the performance of the 140
charter school. 141
10. A charter school may affiliate with a four-year 142
college or university, including a private college or 143
university, or a community college as otherwise specified in 144
subsection 3 of this section when its charter is granted by 145
a sponsor other than such college, university or community 146
college. Affiliation status recognizes a relationship 147
between the charter school and the college or university for 148
purposes of teacher training and staff development, 149
curriculum and assessment development, use of physical 150
facilities owned by or rented on behalf of the college or 151
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university, and other similar purposes. A university, 152
college or community college may not charge or accept a fee 153
for affiliation status. 154
11. The expenses associated with sponsorship of 155
charter schools shall be defrayed by the department of 156
elementary and secondary education retaining one and five- 157
tenths percent of the amount of state and local funding 158
allocated to the charter school under section 160.415, not 159
to exceed one hundred twenty-five thousand dollars, adjusted 160
for inflation. The department of elementary and secondary 161
education shall remit the retained funds for each charter 162
school to the school's sponsor, provided the sponsor remains 163
in good standing by fulfilling its sponsorship obligations 164
under sections 160.400 to 160.425 and 167.349 with regard to 165
each charter school it sponsors, including appropriate 166
demonstration of the following: 167
(1) Expends no less than ninety percent of its charter 168
school sponsorship funds in support of its charter school 169
sponsorship program, or as a direct investment in the 170
sponsored schools; 171
(2) Maintains a comprehensive application process that 172
follows fair procedures and rigorous criteria and grants 173
charters only to those developers who demonstrate strong 174
capacity for establishing and operating a quality charter 175
school; 176
(3) Negotiates contracts with charter schools that 177
clearly articulate the rights and responsibilities of each 178
party regarding school autonomy, expected outcomes, measures 179
for evaluating success or failure, performance consequences 180
based on the annual performance report, and other material 181
terms; 182
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(4) Conducts contract oversight that evaluates 183
performance, monitors compliance, informs intervention and 184
renewal decisions, and ensures autonomy provided under 185
applicable law; and 186
(5) Designs and implements a transparent and rigorous 187
process that uses comprehensive data to make merit-based 188
renewal decisions. 189
12. Sponsors receiving funds under subsection 11 of 190
this section shall be required to submit annual reports to 191
the joint committee on education demonstrating they are in 192
compliance with subsection 17 of this section. 193
13. No university, college or community college shall 194
grant a charter to a nonprofit corporation if an employee of 195
the university, college or community college is a member of 196
the corporation's board of directors. 197
14. No sponsor shall grant a charter under sections 198
160.400 to 160.425 and 167.349 without ensuring that a 199
criminal background check and family care safety registry 200
check are conducted for all members of the governing board 201
of the charter schools or the incorporators of the charter 202
school if initial directors are not named in the articles of 203
incorporation, nor shall a sponsor renew a charter without 204
ensuring a criminal background check and family care safety 205
registry check are conducted for each member of the 206
governing board of the charter school. 207
15. No member of the governing board of a charter 208
school shall hold any office or employment from the board or 209
the charter school while serving as a member, nor shall the 210
member have any substantial interest, as defined in section 211
105.450, in any entity employed by or contracting with the 212
board. No board member shall be an employee of a company 213
that provides substantial services to the charter school. 214
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All members of the governing board of the charter school 215
shall be considered decision-making public servants as 216
defined in section 105.450 for the purposes of the financial 217
disclosure requirements contained in sections 105.483, 218
105.485, 105.487, and 105.489. 219
16. A sponsor shall develop the policies and 220
procedures for: 221
(1) The review of a charter school proposal including 222
an application that provides sufficient information for 223
rigorous evaluation of the proposed charter and provides 224
clear documentation that the education program and academic 225
program are aligned with the state standards and grade-level 226
expectations, and provides clear documentation of effective 227
governance and management structures, and a sustainable 228
operational plan; 229
(2) The granting of a charter; 230
(3) The performance contract that the sponsor will use 231
to evaluate the performance of charter schools. Charter 232
schools shall meet current state academic performance 233
standards as well as other standards agreed upon by the 234
sponsor and the charter school in the performance contract; 235
(4) The sponsor's intervention, renewal, and 236
revocation policies, including the conditions under which 237
the charter sponsor may intervene in the operation of the 238
charter school, along with actions and consequences that may 239
ensue, and the conditions for renewal of the charter at the 240
end of the term, consistent with subsections 8 and 9 of 241
section 160.405; 242
(5) Additional criteria that the sponsor will use for 243
ongoing oversight of the charter; and 244
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(6) Procedures to be implemented if a charter school 245
should close, consistent with the provisions of subdivision 246
(15) of subsection 1 of section 160.405. 247
The department shall provide guidance to sponsors in 248
developing such policies and procedures. 249
17. (1) A sponsor shall provide timely submission to 250
the state board of education of all data necessary to 251
demonstrate that the sponsor is in material compliance with 252
all requirements of sections 160.400 to 160.425 and section 253
167.349. The state board of education shall ensure each 254
sponsor is in compliance with all requirements under 255
sections 160.400 to 160.425 and 167.349 for each charter 256
school sponsored by any sponsor. The state board shall 257
notify each sponsor of the standards for sponsorship of 258
charter schools, delineating both what is mandated by 259
statute and what best practices dictate. The state board 260
shall evaluate sponsors to determine compliance with these 261
standards every three years. The evaluation shall include a 262
sponsor's policies and procedures in the areas of charter 263
application approval; required charter agreement terms and 264
content; sponsor performance evaluation and compliance 265
monitoring; and charter renewal, intervention, and 266
revocation decisions. Nothing shall preclude the department 267
from undertaking an evaluation at any time for cause. 268
(2) If the department determines that a sponsor is in 269
material noncompliance with its sponsorship duties, the 270
sponsor shall be notified and given reasonable time for 271
remediation. If remediation does not address the compliance 272
issues identified by the department, the commissioner of 273
education shall conduct a public hearing and thereafter 274
provide notice to the charter sponsor of corrective action 275
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that will be recommended to the state board of education. 276
Corrective action by the department may include withholding 277
the sponsor's funding and suspending the sponsor's authority 278
to sponsor a school that it currently sponsors or to sponsor 279
any additional school until the sponsor is reauthorized by 280
the state board of education under section 160.403. 281
(3) The charter sponsor may, within thirty days of 282
receipt of the notice of the commissioner's recommendation, 283
provide a written statement and other documentation to show 284
cause as to why that action should not be taken. Final 285
determination of corrective action shall be determined by 286
the state board of education based upon a review of the 287
documentation submitted to the department and the charter 288
sponsor. 289
(4) If the state board removes the authority to 290
sponsor a currently operating charter school under any 291
provision of law, the Missouri charter public school 292
commission shall become the sponsor of the school. 293
18. If a sponsor notifies a charter school of closure 294
under subsection 8 of section 160.405, the department of 295
elementary and secondary education shall exercise its 296
financial withholding authority under subsection 12 of 297
section 160.415 to assure all obligations of the charter 298
school shall be met. The state, charter sponsor, or 299
resident district shall not be liable for any outstanding 300
liability or obligations of the charter school. 301
160.405. 1. A person, group or organization seeking 1
to establish a charter school shall submit the proposed 2
charter, as provided in this section, to a sponsor. If the 3
sponsor is not a school board, the applicant shall give a 4
copy of its application to the school board of the district 5
in which the charter school is to be located and to the 6
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state board of education, within five business days of the 7
date the application is filed with the proposed sponsor. 8
The school board may file objections with the proposed 9
sponsor, and, if a charter is granted, the school board may 10
file objections with the state board of education. The 11
charter shall include a legally binding performance contract 12
that describes the obligations and responsibilities of the 13
school and the sponsor as outlined in sections 160.400 to 14
160.425 and section 167.349 and shall address the following: 15
(1) A mission and vision statement for the charter 16
school; 17
(2) A description of the charter school's 18
organizational structure and bylaws of the governing body, 19
which will be responsible for the policy, financial 20
management, and operational decisions of the charter school, 21
including the nature and extent of parental, professional 22
educator, and community involvement in the governance and 23
operation of the charter school; 24
(3) A financial plan for the first three years of 25
operation of the charter school including provisions for 26
annual audits; 27
(4) A description of the charter school's policy for 28
securing personnel services, its personnel policies, 29
personnel qualifications, and professional development plan; 30
(5) A description of the grades or ages of students 31
being served; 32
(6) The school's calendar of operation, which shall 33
include at least the equivalent of a full school term as 34
defined in section 160.011; 35
(7) A description of the charter school's pupil 36
performance standards and academic program performance 37
standards, which shall meet the requirements of subdivision 38
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(6) of subsection 4 of this section. The charter school 39
program shall be designed to enable each pupil to achieve 40
such standards and shall contain a complete set of 41
indicators, measures, metrics, and targets for academic 42
program performance, including specific goals on graduation 43
rates and standardized test performance and academic growth; 44
(8) A description of the charter school's educational 45
program and curriculum; 46
(9) The term of the charter, which shall be five years 47
and may be renewed; 48
(10) Procedures, consistent with the Missouri 49
financial accounting manual, for monitoring the financial 50
accountability of the charter, which shall meet the 51
requirements of subdivision (4) of subsection 4 of this 52
section; 53
(11) Preopening requirements for applications that 54
require that charter schools meet all health, safety, and 55
other legal requirements prior to opening; 56
(12) A description of the charter school's policies on 57
student discipline and student admission, which shall 58
include a statement, where applicable, of the validity of 59
attendance of students who do not reside in the district but 60
who may be eligible to attend under the terms of judicial 61
settlements and procedures that ensure admission of students 62
with disabilities in a nondiscriminatory manner; 63
(13) A description of the charter school's grievance 64
procedure for parents or guardians; 65
(14) A description of the agreement and time frame for 66
implementation between the charter school and the sponsor as 67
to when a sponsor shall intervene in a charter school, when 68
a sponsor shall revoke a charter for failure to comply with 69
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subsection 8 of this section, and when a sponsor will not 70
renew a charter under subsection 9 of this section; 71
(15) Procedures to be implemented if the charter 72
school should close, as provided in subdivision (6) of 73
subsection 16 of section 160.400 including: 74
(a) Orderly transition of student records to new 75
schools and archival of student records; 76
(b) Archival of business operation and transfer or 77
repository of personnel records; 78
(c) Submission of final financial reports; 79
(d) Resolution of any remaining financial obligations; 80
(e) Disposition of the charter school's assets upon 81
closure; and 82
(f) A notification plan to inform parents or guardians 83
of students, the local school district, the retirement 84
system in which the charter school's employees participate, 85
and the state board of education within thirty days of the 86
decision to close; 87
(16) A description of the special education and 88
related services that shall be available to meet the needs 89
of students with disabilities; and 90
(17) For all new or revised charters, procedures to be 91
used upon closure of the charter school requiring that 92
unobligated assets of the charter school be returned to the 93
department of elementary and secondary education for their 94
disposition, which upon receipt of such assets shall return 95
them to the local school district in which the school was 96
located, the state, or any other entity to which they would 97
belong. 98
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Charter schools operating on August 27, 2012, shall have 99
until August 28, 2015, to meet the requirements of this 100
subsection. 101
2. Proposed charters shall be subject to the following 102
requirements: 103
(1) A charter shall be submitted to the sponsor, and 104
follow the sponsor's policies and procedures for review and 105
granting of a charter approval, and be approved by the state 106
board of education by January thirty-first prior to the 107
school year of the proposed opening date of the charter 108
school; except that, a charter school sponsored and approved 109
by the Missouri charter public school commission created in 110
section 160.425 shall not require approval by the state 111
board of education; 112
(2) A charter may be approved when the sponsor 113
determines that the requirements of this section are met, 114
determines that the applicant is sufficiently qualified to 115
operate a charter school, and that the proposed charter is 116
consistent with the sponsor's charter sponsorship goals and 117
capacity. The sponsor's decision of approval or denial 118
shall be made within ninety days of the filing of the 119
proposed charter; 120
(3) If the charter is denied, the proposed sponsor 121
shall notify the applicant in writing as to the reasons for 122
its denial and forward a copy to the state board of 123
education within five business days following the denial; 124
(4) If a proposed charter is denied by a sponsor, the 125
proposed charter may be submitted to the state board of 126
education, along with the sponsor's written reasons for its 127
denial. If the state board determines that the applicant 128
meets the requirements of this section, that the applicant 129
is sufficiently qualified to operate the charter school, and 130
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that granting a charter to the applicant would be likely to 131
provide educational benefit to the children of the district, 132
the state board may grant a charter and act as sponsor of 133
the charter school. The state board shall review the 134
proposed charter and make a determination of whether to deny 135
or grant the proposed charter within sixty days of receipt 136
of the proposed charter, provided that any charter to be 137
considered by the state board of education under this 138
subdivision shall be submitted no later than March first 139
prior to the school year in which the charter school intends 140
to begin operations. The state board of education shall 141
notify the applicant in writing as the reasons for its 142
denial, if applicable; and 143
(5) The sponsor of a charter school shall give 144
priority to charter school applicants that propose a school 145
oriented to high-risk students and to the reentry of 146
dropouts into the school system. If a sponsor grants three 147
or more charters, at least one-third of the charters granted 148
by the sponsor shall be to schools that actively recruit 149
dropouts or high-risk students as their student body and 150
address the needs of dropouts or high-risk students through 151
their proposed mission, curriculum, teaching methods, and 152
services. For purposes of this subsection, a "high-risk" 153
student is one who is at least one year behind in 154
satisfactory completion of course work or obtaining high 155
school credits for graduation, has dropped out of school, is 156
at risk of dropping out of school, needs drug and alcohol 157
treatment, has severe behavioral problems, has been 158
suspended from school three or more times, has a history of 159
severe truancy, is a pregnant or parenting teen, has been 160
referred for enrollment by the judicial system, is exiting 161
incarceration, is a refugee, is homeless or has been 162
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homeless sometime within the preceding six months, has been 163
referred by an area school district for enrollment in an 164
alternative program, or qualifies as high risk under 165
department of elementary and secondary education 166
guidelines. Dropout shall be defined through the guidelines 167
of the school core data report. The provisions of this 168
subsection do not apply to charters sponsored by the state 169
board of education. 170
3. If a charter is approved by a sponsor, the charter 171
application shall be submitted to the state board of 172
education, along with a statement of finding by the sponsor 173
that the application meets the requirements of sections 174
160.400 to 160.425 and section 167.349 and a monitoring plan 175
under which the charter sponsor shall evaluate the academic 176
performance, including annual performance reports, of 177
students enrolled in the charter school. The state board of 178
education shall approve or deny a charter application within 179
sixty days of receipt of the application. The state board 180
of education may deny a charter on grounds that the 181
application fails to meet the requirements of sections 182
160.400 to 160.425 and section 167.349 or that a charter 183
sponsor previously failed to meet the statutory 184
responsibilities of a charter sponsor. Any denial of a 185
charter application made by the state board of education 186
shall be in writing and shall identify the specific failures 187
of the application to meet the requirements of sections 188
160.400 to 160.425 and section 167.349, and the written 189
denial shall be provided within ten business days to the 190
sponsor. 191
4. A charter school shall, as provided in its charter: 192
(1) Be nonsectarian in its programs, admission 193
policies, employment practices, and all other operations; 194
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(2) Comply with laws and regulations of the state, 195
county, or city relating to health, safety, and state 196
minimum educational standards, as specified by the state 197
board of education, including the requirements relating to 198
student discipline under sections 160.261, 167.161, 167.164, 199
and 167.171, notification of criminal conduct to law 200
enforcement authorities under sections 167.115 to 167.117, 201
academic assessment under section 160.518, transmittal of 202
school records under section 167.020, the minimum amount of 203
school time required under section 171.031, and the employee 204
criminal history background check and the family care safety 205
registry check under section 168.133; 206
(3) Except as provided in sections 160.400 to 160.425 207
and as specifically provided in other sections, be exempt 208
from all laws and rules relating to schools, governing 209
boards and school districts; 210
(4) Be financially accountable, use practices 211
consistent with the Missouri financial accounting manual, 212
provide for an annual audit by a certified public 213
accountant, publish audit reports and annual financial 214
reports as provided in chapter 165, provided that the annual 215
financial report may be published on the department of 216
elementary and secondary education's internet website in 217
addition to other publishing requirements, and provide 218
liability insurance to indemnify the school, its board, 219
staff and teachers against tort claims. A charter school 220
that receives local educational agency status under 221
subsection 6 of this section shall meet the requirements 222
imposed by the Elementary and Secondary Education Act for 223
audits of such agencies and comply with all federal audit 224
requirements for charters with local educational agency 225
status. For purposes of an audit by petition under section 226
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29.230, a charter school shall be treated as a political 227
subdivision on the same terms and conditions as the school 228
district in which it is located. For the purposes of 229
securing such insurance, a charter school shall be eligible 230
for the Missouri public entity risk management fund pursuant 231
to section 537.700. A charter school that incurs debt shall 232
include a repayment plan in its financial plan; 233
(5) Provide a comprehensive program of instruction for 234
at least one grade or age group from early childhood through 235
grade twelve, as specified in its charter; 236
(6) (a) Design a method to measure pupil progress 237
toward the pupil academic standards adopted by the state 238
board of education pursuant to section 160.514, establish 239
baseline student performance in accordance with the 240
performance contract during the first year of operation, 241
collect student performance data as defined by the annual 242
performance report throughout the duration of the charter to 243
annually monitor student academic performance, and to the 244
extent applicable based upon grade levels offered by the 245
charter school, participate in the statewide system of 246
assessments, comprised of the essential skills tests and the 247
nationally standardized norm-referenced achievement tests, 248
as designated by the state board pursuant to section 249
160.518, complete and distribute an annual report card as 250
prescribed in section 160.522, which shall also include a 251
statement that background checks have been completed on the 252
charter school's board members, and report to its sponsor, 253
the local school district, and the state board of education 254
as to its teaching methods and any educational innovations 255
and the results thereof. No charter school shall be 256
considered in the Missouri school improvement program review 257
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of the district in which it is located for the resource or 258
process standards of the program. 259
(b) For proposed high-risk or alternative charter 260
schools, sponsors shall approve performance measures based 261
on mission, curriculum, teaching methods, and services. 262
Sponsors shall also approve comprehensive academic and 263
behavioral measures to determine whether students are 264
meeting performance standards on a different time frame as 265
specified in that school's charter. Student performance 266
shall be assessed comprehensively to determine whether a 267
high-risk or alternative charter school has documented 268
adequate student progress. Student performance shall be 269
based on sponsor-approved comprehensive measures as well as 270
standardized public school measures. Annual presentation of 271
charter school report card data to the department of 272
elementary and secondary education, the state board, and the 273
public shall include comprehensive measures of student 274
progress. 275
(c) Nothing in this subdivision shall be construed as 276
permitting a charter school to be held to lower performance 277
standards than other public schools within a district; 278
however, the charter of a charter school may permit students 279
to meet performance standards on a different time frame as 280
specified in its charter. The performance standards for 281
alternative and special purpose charter schools that target 282
high-risk students as defined in subdivision (5) of 283
subsection 2 of this section shall be based on measures 284
defined in the school's performance contract with its 285
sponsors; 286
(7) Comply with all applicable federal and state laws 287
and regulations regarding students with disabilities, 288
including sections 162.670 to 162.710, the Individuals with 289
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Disabilities Education Act (20 U.S.C. Section 1400) and 290
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 291
Section 794) or successor legislation; 292
(8) Provide along with any request for review by the 293
state board of education the following: 294
(a) Documentation that the applicant has provided a 295
copy of the application to the school board of the district 296
in which the charter school is to be located, except in 297
those circumstances where the school district is the sponsor 298
of the charter school; and 299
(b) A statement outlining the reasons for approval or 300
denial by the sponsor, specifically addressing the 301
requirements of sections 160.400 to 160.425 and 167.349. 302
5. (1) Proposed or existing high-risk or alternative 303
charter schools may include alternative arrangements for 304
students to obtain credit for satisfying graduation 305
requirements in the school's charter application and 306
charter. Alternative arrangements may include, but not be 307
limited to, credit for off-campus instruction, embedded 308
credit, work experience through an internship arranged 309
through the school, and independent studies. When the state 310
board of education approves the charter, any such 311
alternative arrangements shall be approved at such time. 312
(2) The department of elementary and secondary 313
education shall conduct a study of any charter school 314
granted alternative arrangements for students to obtain 315
credit under this subsection after three years of operation 316
to assess student performance, graduation rates, educational 317
outcomes, and entry into the workforce or higher education. 318
6. The charter of a charter school may be amended at 319
the request of the governing body of the charter school and 320
on the approval of the sponsor. The sponsor and the 321
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governing board and staff of the charter school shall 322
jointly review the school's performance, management and 323
operations during the first year of operation and then every 324
other year after the most recent review or at any point 325
where the operation or management of the charter school is 326
changed or transferred to another entity, either public or 327
private. The governing board of a charter school may amend 328
the charter, if the sponsor approves such amendment, or the 329
sponsor and the governing board may reach an agreement in 330
writing to reflect the charter school's decision to become a 331
local educational agency. In such case the sponsor shall 332
give the department of elementary and secondary education 333
written notice no later than March first of any year, with 334
the agreement to become effective July first. The 335
department may waive the March first notice date in its 336
discretion. The department shall identify and furnish a 337
list of its regulations that pertain to local educational 338
agencies to such schools within thirty days of receiving 339
such notice. 340
7. Sponsors shall annually review the charter school's 341
compliance with statutory standards including: 342
(1) Participation in the statewide system of 343
assessments, as designated by the state board of education 344
under section 160.518; 345
(2) Assurances for the completion and distribution of 346
an annual report card as prescribed in section 160.522; 347
(3) The collection of baseline data during the first 348
three years of operation to determine the longitudinal 349
success of the charter school; 350
(4) A method to measure pupil progress toward the 351
pupil academic standards adopted by the state board of 352
education under section 160.514; and 353
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(5) Publication of each charter school's annual 354
performance report. 355
8. (1) (a) A sponsor's policies shall give schools 356
clear, adequate, evidence-based, and timely notice of 357
contract violations or performance deficiencies and mandate 358
intervention based upon findings of the state board of 359
education of the following: 360
a. The charter school provides a high school program 361
which fails to maintain a graduation rate of at least 362
seventy percent in three of the last four school years 363
unless the school has dropout recovery as its mission; 364
b. The charter school's annual performance report 365
results are below the district's annual performance report 366
results based on the performance standards that are 367
applicable to the grade level configuration of both the 368
charter school and the district in which the charter school 369
is located in three of the last four school years; and 370
c. The charter school is identified as a persistently 371
lowest achieving school by the department of elementary and 372
secondary education. 373
(b) A sponsor shall have a policy to revoke a charter 374
during the charter term if there is: 375
a. Clear evidence of underperformance as demonstrated 376
in the charter school's annual performance report in three 377
of the last four school years; or 378
b. A violation of the law or the public trust that 379
imperils students or public funds. 380
(c) A sponsor shall revoke a charter or take other 381
appropriate remedial action, which may include placing the 382
charter school on probationary status for no more than 383
twenty-four months, provided that no more than one 384
designation of probationary status shall be allowed for the 385
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duration of the charter contract, at any time if the charter 386
school commits a serious breach of one or more provisions of 387
its charter or on any of the following grounds: failure to 388
meet the performance contract as set forth in its charter, 389
failure to meet generally accepted standards of fiscal 390
management, failure to provide information necessary to 391
confirm compliance with all provisions of the charter and 392
sections 160.400 to 160.425 and 167.349 within forty-five 393
days following receipt of written notice requesting such 394
information, or violation of law. 395
(2) The sponsor may place the charter school on 396
probationary status to allow the implementation of a 397
remedial plan, which may require a change of methodology, a 398
change in leadership, or both, after which, if such plan is 399
unsuccessful, the charter may be revoked. 400
(3) At least sixty days before acting to revoke a 401
charter, the sponsor shall notify the governing board of the 402
charter school of the proposed action in writing. The 403
notice shall state the grounds for the proposed action. The 404
school's governing board may request in writing a hearing 405
before the sponsor within two weeks of receiving the notice. 406
(4) The sponsor of a charter school shall establish 407
procedures to conduct administrative hearings upon 408
determination by the sponsor that grounds exist to revoke a 409
charter. Final decisions of a sponsor from hearings 410
conducted pursuant to this subsection are subject to an 411
appeal to the state board of education, which shall 412
determine whether the charter shall be revoked. 413
(5) A termination shall be effective only at the 414
conclusion of the school year, unless the sponsor determines 415
that continued operation of the school presents a clear and 416
immediate threat to the health and safety of the children. 417
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(6) A charter sponsor shall make available the school 418
accountability report card information as provided under 419
section 160.522 and the results of the academic monitoring 420
required under subsection 3 of this section. 421
9. (1) A sponsor shall take all reasonable steps 422
necessary to confirm that each charter school sponsored by 423
such sponsor is in material compliance and remains in 424
material compliance with all material provisions of the 425
charter and sections 160.400 to 160.425 and 167.349. Every 426
charter school shall provide all information necessary to 427
confirm ongoing compliance with all provisions of its 428
charter and sections 160.400 to 160.425 and 167.349 in a 429
timely manner to its sponsor. 430
(2) The sponsor's renewal process of the charter 431
school shall be based on the thorough analysis of a 432
comprehensive body of objective evidence and consider if: 433
(a) The charter school has maintained results on its 434
annual performance report that meet or exceed the district 435
in which the charter school is located based on the 436
performance standards that are applicable to the grade-level 437
configuration of both the charter school and the district in 438
which the charter school is located in three of the last 439
four school years; 440
(b) The charter school is organizationally and 441
fiscally viable determining at a minimum that the school 442
does not have: 443
a. A negative balance in its operating funds; 444
b. A combined balance of less than three percent of 445
the amount expended for such funds during the previous 446
fiscal year; or 447
c. Expenditures that exceed receipts for the most 448
recently completed fiscal year; 449
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(c) The charter is in compliance with its legally 450
binding performance contract and sections 160.400 to 160.425 451
and section 167.349; and 452
(d) The charter school has an annual performance 453
report consistent with a classification of accredited for 454
three of the last four years and is fiscally viable as 455
described in paragraph (b) of this subdivision. If such is 456
the case, the charter school may have an expedited renewal 457
process as defined by rule of the department of elementary 458
and secondary education. 459
(3) (a) Beginning August first during the year in 460
which a charter is considered for renewal, a charter school 461
sponsor shall demonstrate to the state board of education 462
that the charter school is in compliance with federal and 463
state law as provided in sections 160.400 to 160.425 and 464
section 167.349 and the school's performance contract 465
including but not limited to those requirements specific to 466
academic performance. 467
(b) Along with data reflecting the academic 468
performance standards indicated in paragraph (a) of this 469
subdivision, the sponsor shall submit a revised charter 470
application to the state board of education for review. 471
(c) Using the data requested and the revised charter 472
application under paragraphs (a) and (b) of this 473
subdivision, the state board of education shall determine if 474
compliance with all standards enumerated in this subdivision 475
has been achieved. The state board of education at its next 476
regularly scheduled meeting shall vote on the revised 477
charter application. 478
(d) If a charter school sponsor demonstrates the 479
objectives identified in this subdivision, the state board 480
of education shall renew the school's charter. 481
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10. A school district may enter into a lease with a 482
charter school for physical facilities. 483
11. A governing board or a school district employee 484
who has control over personnel actions shall not take 485
unlawful reprisal against another employee at the school 486
district because the employee is directly or indirectly 487
involved in an application to establish a charter school. A 488
governing board or a school district employee shall not take 489
unlawful reprisal against an educational program of the 490
school or the school district because an application to 491
establish a charter school proposes the conversion of all or 492
a portion of the educational program to a charter school. 493
As used in this subsection, "unlawful reprisal" means an 494
action that is taken by a governing board or a school 495
district employee as a direct result of a lawful application 496
to establish a charter school and that is adverse to another 497
employee or an educational program. 498
12. Charter school board members shall be subject to 499
the same liability for acts while in office as if they were 500
regularly and duly elected members of school boards in any 501
other public school district in this state. The governing 502
board of a charter school may participate, to the same 503
extent as a school board, in the Missouri public entity risk 504
management fund in the manner provided under sections 505
537.700 to 537.756. 506
13. Any entity, either public or private, operating, 507
administering, or otherwise managing a charter school shall 508
be considered a quasi-public governmental body and subject 509
to the provisions of sections 610.010 to 610.035. 510
14. The chief financial officer of a charter school 511
shall maintain: 512
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(1) A surety bond in an amount determined by the 513
sponsor to be adequate based on the cash flow of the school; 514
or 515
(2) An insurance policy issued by an insurance company 516
licensed to do business in Missouri on all employees in the 517
amount of five hundred thousand dollars or more that 518
provides coverage in the event of employee theft. 519
15. The department of elementary and secondary 520
education shall calculate an annual performance report for 521
each charter school and shall publish it in the same manner 522
as annual performance reports are calculated and published 523
for districts and attendance centers. 524
16. The joint committee on education shall create a 525
committee to investigate facility access and affordability 526
for charter schools. The committee shall be comprised of 527
equal numbers of the charter school sector and the public 528
school sector and shall report its findings to the general 529
assembly by December 31, 2016. 530
160.410. 1. A charter school shall enroll: 1
(1) All pupils resident in the district in which it 2
operates; 3
(2) Nonresident pupils eligible to attend a district's 4
school under an urban voluntary transfer program; 5
(3) Nonresident pupils who transfer [from an 6
unaccredited district] under section 167.895, [provided that 7
the charter school is an approved charter school, as defined 8
in section 167.895, and] subject to all other provisions of 9
section 167.895; 10
(4) In the case of a charter school whose mission 11
includes student drop-out prevention or recovery, any 12
nonresident pupil from the same or an adjacent county who 13
resides in a residential care facility, a transitional 14
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living group home, or an independent living program whose 15
last school of enrollment is in the school district where 16
the charter school is established, who submits a timely 17
application; [and] 18
(5) In the case of a workplace charter school, any 19
student eligible to attend under subdivision (1) or (2) of 20
this subsection whose parent is employed in the business 21
district, who submits a timely application, unless the 22
number of applications exceeds the capacity of a program, 23
class, grade level or building. The configuration of a 24
business district shall be set forth in the charter and 25
shall not be construed to create an undue advantage for a 26
single employer or small number of employers; and 27
(6) Where capacity is available, all students who 28
transfer under the Missouri empowerment scholarship accounts 29
program created in sections 135.712 to 135.719 and sections 30
166.700 to 166.720. 31
2. If capacity is insufficient to enroll all pupils 32
who submit a timely application, the charter school shall 33
have an admissions process that assures all applicants of an 34
equal chance of gaining admission and does not discriminate 35
based on parents' ability to pay fees or tuition except that: 36
(1) A charter school may establish a geographical area 37
around the school whose residents will receive a preference 38
for enrolling in the school, provided that such preferences 39
do not result in the establishment of racially or 40
socioeconomically isolated schools and provided such 41
preferences conform to policies and guidelines established 42
by the state board of education; 43
(2) A charter school may also give a preference for 44
admission of children whose siblings attend the school or 45
whose parents are employed at the school or in the case of a 46
SB 1496 37
workplace charter school, a child whose parent is employed 47
in the business district or at the business site of such 48
school; 49
(3) Charter schools may also give a preference for 50
admission to high-risk students, as defined in subdivision 51
(5) of subsection 2 of section 160.405, when the school 52
targets these students through its proposed mission, 53
curriculum, teaching methods, and services; 54
(4) A charter school may also give a preference for 55
admission to students who will be eligible for the free and 56
reduced price lunch program in the upcoming school year. 57
3. A charter school shall not limit admission based on 58
race, ethnicity, national origin, disability, income level, 59
except as allowed under subdivision (4) of subsection 2 of 60
this section, proficiency in the English language or 61
athletic ability, but may limit admission to pupils within a 62
given age group or grade level. Charter schools may limit 63
admission based on gender only when the school is a single- 64
gender school. Students of a charter school who have been 65
enrolled for a full academic year shall be counted in the 66
performance of the charter school on the statewide 67
assessments in that calendar year, unless otherwise exempted 68
as English language learners. For purposes of this 69
subsection, "full academic year" means the last Wednesday in 70
September through the administration of the Missouri 71
assessment program test without transferring out of the 72
school and re-enrolling. 73
4. A charter school shall make available for public 74
inspection, and provide upon request, to the parent, 75
guardian, or other custodian of any school-age pupil 76
resident in the district in which the school is located the 77
following information: 78
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(1) The school's charter; 79
(2) The school's most recent annual report card 80
published according to section 160.522; 81
(3) The results of background checks on the charter 82
school's board members; and 83
(4) If a charter school is operated by a management 84
company, a copy of the written contract between the 85
governing board of the charter school and the educational 86
management organization or the charter management 87
organization for services. The charter school may charge 88
reasonable fees, not to exceed the rate specified in section 89
610.026 for furnishing copies of documents under this 90
subsection. 91
5. When a student attending a charter school who is a 92
resident of the school district in which the charter school 93
is located moves out of the boundaries of such school 94
district, the student may complete the current semester and 95
shall be considered a resident student. The student's 96
parent or legal guardian shall be responsible for the 97
student's transportation to and from the charter school. 98
6. If a change in school district boundary lines 99
occurs under section 162.223, 162.431, 162.441, or 162.451, 100
or by action of the state board of education under section 101
162.081, including attachment of a school district's 102
territory to another district or dissolution, such that a 103
student attending a charter school prior to such change no 104
longer resides in a school district in which the charter 105
school is located, then the student may complete the current 106
academic year at the charter school. The student shall be 107
considered a resident student. The student's parent or 108
legal guardian shall be responsible for the student's 109
transportation to and from the charter school. 110
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7. The provisions of sections 167.018 and 167.019 111
concerning foster children's educational rights are 112
applicable to charter schools. 113
160.415. 1. For the purposes of calculation and 1
distribution of state school aid under section 163.031, 2
pupils enrolled in a charter school shall be included in the 3
pupil enrollment of the school district within which each 4
pupil resides. Each charter school shall report the 5
eligibility for free and reduced price lunch, special 6
education, or limited English proficiency status, as well as 7
eligibility for categorical aid, of pupils resident in a 8
school district who are enrolled in the charter school to 9
the school district in which those pupils reside. The 10
charter school shall report the average daily attendance 11
data, free and reduced price lunch count, special education 12
pupil count, and limited English proficiency pupil count to 13
the state department of elementary and secondary education. 14
Each charter school shall promptly notify the state 15
department of elementary and secondary education and the 16
pupil's school district when a pupil discontinues enrollment 17
at a charter school. 18
2. Except as provided in subsections 3 and 4 of this 19
section, the aid payments for charter schools shall be as 20
described in this subsection. 21
(1) A school district having one or more resident 22
pupils attending a charter school shall pay to the charter 23
school an annual amount equal to the product of the charter 24
school's weighted average daily attendance and the state 25
adequacy target, multiplied by the dollar value modifier for 26
the district, plus local tax revenues per weighted average 27
daily attendance from the incidental and teachers' funds in 28
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excess of the performance levy as defined in section 163.011 29
plus all other state aid attributable to such pupils. 30
(2) The district of residence of a pupil attending a 31
charter school shall also pay to the charter school any 32
other federal or state aid that the district receives on 33
account of such pupil. 34
(3) If the department overpays or underpays the amount 35
due to the charter school, such overpayment or underpayment 36
shall be repaid by the charter school or credited to the 37
charter school in twelve equal payments in the next fiscal 38
year. 39
(4) The amounts provided pursuant to this subsection 40
shall be prorated for partial year enrollment for a pupil. 41
(5) A school district shall pay the amounts due 42
pursuant to this subsection as the disbursal agent and no 43
later than twenty days following the receipt of any such 44
funds. The department of elementary and secondary education 45
shall pay the amounts due when it acts as the disbursal 46
agent within five days of the required due date. 47
3. A workplace charter school shall receive payment 48
for each eligible pupil as provided under subsection 2 of 49
this section, except that if the pupil is not a resident of 50
the district and is participating in a voluntary 51
interdistrict transfer program, the payment for such pupils 52
shall be the same as provided under section 162.1060. 53
4. A charter school that has declared itself as a 54
local educational agency shall receive from the department 55
of elementary and secondary education an annual amount equal 56
to the product of the charter school's weighted average 57
daily attendance and the state adequacy target, multiplied 58
by the dollar value modifier for the district, plus local 59
tax revenues per weighted average daily attendance from the 60
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incidental and teachers funds in excess of the performance 61
levy as defined in section 163.011 plus all other state aid 62
attributable to such pupils. If a charter school declares 63
itself as a local educational agency, the department of 64
elementary and secondary education shall, upon notice of the 65
declaration, reduce the payment made to the school district 66
by the amount specified in this subsection and pay directly 67
to the charter school the annual amount reduced from the 68
school district's payment. 69
5. If a school district fails to make timely payments 70
of any amount for which it is the disbursal agent, the state 71
department of elementary and secondary education shall 72
authorize payment to the charter school of the amount due 73
pursuant to subsection 2 of this section and shall deduct 74
the same amount from the next state school aid apportionment 75
to the owing school district. If a charter school is paid 76
more or less than the amounts due pursuant to this section, 77
the amount of overpayment or underpayment shall be adjusted 78
equally in the next twelve payments by the school district 79
or the department of elementary and secondary education, as 80
appropriate. Any dispute between the school district and a 81
charter school as to the amount owing to the charter school 82
shall be resolved by the department of elementary and 83
secondary education, and the department's decision shall be 84
the final administrative action for the purposes of review 85
pursuant to chapter 536. During the period of dispute, the 86
department of elementary and secondary education shall make 87
every administrative and statutory effort to allow the 88
continued education of students in their current charter 89
school setting. 90
6. The charter school and a local school board may 91
agree by contract for services to be provided by the school 92
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district to the charter school. The charter school may 93
contract with any other entity for services. Such services 94
may include but are not limited to food service, custodial 95
service, maintenance, management assistance, curriculum 96
assistance, media services and libraries and shall be 97
subject to negotiation between the charter school and the 98
local school board or other entity. Documented actual costs 99
of such services shall be paid for by the charter school. 100
7. In the case of a proposed charter school that 101
intends to contract with an education service provider for 102
substantial educational services or management services, the 103
request for proposals shall additionally require the charter 104
school applicant to: 105
(1) Provide evidence of the education service 106
provider's success in serving student populations similar to 107
the targeted population, including demonstrated academic 108
achievement as well as successful management of nonacademic 109
school functions, if applicable; 110
(2) Provide a term sheet setting forth the proposed 111
duration of the service contract; roles and responsibilities 112
of the governing board, the school staff, and the service 113
provider; scope of services and resources to be provided by 114
the service provider; performance evaluation measures and 115
time lines; compensation structure, including clear 116
identification of all fees to be paid to the service 117
provider; methods of contract oversight and enforcement; 118
investment disclosure; and conditions for renewal and 119
termination of the contract; 120
(3) Disclose any known conflicts of interest between 121
the school governing board and proposed service provider or 122
any affiliated business entities; 123
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(4) Disclose and explain any termination or nonrenewal 124
of contracts for equivalent services for any other charter 125
school in the United States within the past five years; 126
(5) Ensure that the legal counsel for the charter 127
school shall report directly to the charter school's 128
governing board; and 129
(6) Provide a process to ensure that the expenditures 130
that the education service provider intends to bill to the 131
charter school shall receive prior approval of the governing 132
board or its designee. 133
8. A charter school may enter into contracts with 134
community partnerships and state agencies acting in 135
collaboration with such partnerships that provide services 136
to students and their families linked to the school. 137
9. A charter school shall be eligible for 138
transportation state aid pursuant to section 163.161 and 139
shall be free to contract with the local district, or any 140
other entity, for the provision of transportation to the 141
students of the charter school. 142
10. (1) The proportionate share of state and federal 143
resources generated by students with disabilities or staff 144
serving them shall be paid in full to charter schools 145
enrolling those students by their school district where such 146
enrollment is through a contract for services described in 147
this section. The proportionate share of money generated 148
under other federal or state categorical aid programs shall 149
be directed to charter schools serving such students 150
eligible for that aid. 151
(2) A charter school shall provide the special 152
services provided pursuant to section 162.705 and may 153
provide the special services pursuant to a contract with a 154
school district or any provider of such services. 155
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11. A charter school shall not charge tuition or 156
impose fees that a school district is prohibited from 157
charging or imposing, except that a charter school may 158
receive tuition payments from [districts in the same or an 159
adjoining county for nonresident students who transfer to an 160
approved charter school, as defined in section 167.895, from 161
an unaccredited district]: 162
(1) Students transferring under the Missouri 163
empowerment scholarship accounts program created in sections 164
135.712 to 135.719 and sections 166.700 to 166.720; or 165
(2) Students transferring under section 167.895. 166
12. A charter school is authorized to incur debt in 167
anticipation of receipt of funds. A charter school may also 168
borrow to finance facilities and other capital items. A 169
school district may incur bonded indebtedness or take other 170
measures to provide for physical facilities and other 171
capital items for charter schools that it sponsors or 172
contracts with. Except as otherwise specifically provided 173
in sections 160.400 to 160.425, upon the dissolution of a 174
charter school, any liabilities of the corporation will be 175
satisfied through the procedures of chapter 355. A charter 176
school shall satisfy all its financial obligations within 177
twelve months of notice from the sponsor of the charter 178
school's closure under subsection 8 of section 160.405. 179
After satisfaction of all its financial obligations, a 180
charter school shall return any remaining state and federal 181
funds to the department of elementary and secondary 182
education for disposition as stated in subdivision (17) of 183
subsection 1 of section 160.405. The department of 184
elementary and secondary education may withhold funding at a 185
level the department determines to be adequate during a 186
school's last year of operation until the department 187
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determines that school records, liabilities, and reporting 188
requirements, including a full audit, are satisfied. 189
13. Charter schools shall not have the power to 190
acquire property by eminent domain. 191
14. The governing board of a charter school is 192
authorized to accept grants, gifts or donations of any kind 193
and to expend or use such grants, gifts or donations. A 194
grant, gift or donation shall not be accepted by the 195
governing board if it is subject to any condition contrary 196
to law applicable to the charter school or other public 197
schools, or contrary to the terms of the charter. 198
15. In addition to any state aid remitted to charter 199
schools under this section, the department of elementary and 200
secondary education shall remit to any charter school an 201
amount equal to the weighted average daily attendance of the 202
charter school multiplied by the difference of: 203
(1) The amount of state aid and local aid per weighted 204
average daily attendance received by the school district in 205
which the charter school is located, not including any funds 206
remitted to charter schools in the district. For the 207
purposes of this subdivision, the weighted average daily 208
attendance of the school district shall not include the 209
weighted average daily attendance of the charter schools 210
located in the district; and 211
(2) The amount of state aid and local aid per weighted 212
average daily attendance of the charter school received by 213
the charter school. 214
16. Charter schools may adjust weighted average daily 215
attendance pursuant to section 163.036. 216
17. When calculating the amounts in subdivisions (1) 217
and (2) of subsection 15 of this section, the department 218
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shall utilize the most current data to which the department 219
has access. 220
18. For the purposes of subsection 15 of this section: 221
(1) The definitions contained in section 163.011, 222
shall apply; 223
(2) The term "local aid" shall mean all local and 224
county revenue received, including, but not limited to, the 225
following: 226
(a) Property taxes and delinquent taxes; 227
(b) Merchants' and manufacturers' tax revenues; 228
(c) Financial institutions' tax revenues; 229
(d) City sales tax revenue, including city sales tax 230
collected in any city not within a county; 231
(e) Payments in lieu of taxes; and 232
(f) Revenues from state-assessed railroad and 233
utilities tax; 234
(3) The term local aid shall not be construed to 235
include: 236
(a) Charitable contributions, gifts, and grants made 237
to school districts; 238
(b) Interest earnings of school districts and student 239
fees paid to school districts; 240
(c) Debt service authorized by a public vote for the 241
purpose of making payments on a bond issuance of a school 242
district; 243
(d) Proposition C revenues received for school 244
purposes from the school district trust fund under section 245
163.087; or 246
(e) Any other funding solely intended for a particular 247
school district or their respective employees, schools, 248
foundations, or organizations; 249
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(4) The term "state aid" shall mean any revenues 250
received pursuant to this section and sections 163.043 and 251
163.087. 252
19. [Notwithstanding any other provision of law to the 253
contrary, subsections 15 to 18 of this section shall be 254
applicable to charter schools operated only in the following 255
school districts, provided that no such school district 256
shall be located in a county with more than one hundred 257
fifty thousand but fewer than two hundred thousand 258
inhabitants: 259
(1) In a metropolitan school district; 260
(2) In an urban school district containing most or all 261
of a city with more than four hundred thousand inhabitants 262
and located in more than one county; 263
(3) In a school district that has been classified as 264
unaccredited by the state board of education; 265
(4) In a school district that has been classified as 266
provisionally accredited by the state board of education and 267
has received scores on its annual performance report 268
consistent with a classification of provisionally accredited 269
or unaccredited for three consecutive school years beginning 270
with the 2012-13 accreditation year under the conditions 271
described in paragraphs (a) and (b) of subdivision (4) of 272
subsection 2 of section 160.400; or 273
(5) In a school district that has been accredited 274
without provisions, sponsored only by the local school board 275
under the conditions described in subdivision (6) of 276
subsection 2 of section 160.400. 277
20.] (1) The members of the governing board of a 278
charter school shall be residents of the state of Missouri. 279
(2) Any current member of a governing board of a 280
charter school who does not meet the requirements in 281
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subdivision (1) of this subsection may complete their term. 282
Such individual shall not be renominated as a member of the 283
governing board on which he or she sits. 284
[21.] 20. (1) Any charter school management company 285
operating a charter school in the state shall be a nonprofit 286
corporation incorporated pursuant to chapter 355. 287
(2) Notwithstanding any provision of law to the 288
contrary, if a charter school is operated by a charter 289
school management company, all laws and regulations that 290
apply to employees of such charter school shall apply to the 291
actions of any employees of the management company while 292
they are conducting any work relating to the direct decision- 293
making of the operation of such charter school. 294
[22.] 21. Beginning July 1, 2023, the provisions of 295
section 160.995 shall be applicable to charter schools. 296
[23.] 22. Each charter school shall publish its annual 297
performance report on the school's website in a downloadable 298
format. 299
160.422. 1. A political subdivision shall not adopt, 1
enforce, impose, or administer an ordinance, local policy, 2
or local resolution that prohibits property sold, leased, or 3
transferred by the political subdivision from being used by 4
a charter public school for any lawful educational purpose. 5
2. A political subdivision shall not impose, enforce, 6
or apply any deed restriction, property use restriction, or 7
other such restriction that expressly, or by its operation, 8
prohibits property sold, leased, or transferred by the 9
political subdivision from being used by a charter public 10
school for any lawful educational purpose. Any deed 11
restriction, affirmative use deed restriction, property use 12
restriction, or other such restriction that affirmatively 13
allows for only one or more specified uses or purposes that 14
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do not include any educational use or purpose by a charter 15
public school is prohibited under this section. Any deed 16
restriction, affirmative use deed restriction, property use 17
restriction, or other such restriction in effect on the 18
effective date of this section that prohibits or does not 19
permit property previously used for any educational purpose 20
from being used for any future educational purpose by a 21
charter public school is void. 22
3. Any ordinance, policy, regulation, deed, use 23
restriction, or contract made in violation of this section 24
shall be void from its inception. 25
4. For purposes of this section, "political 26
subdivision" shall include, but shall not be limited to, 27
municipalities, counties, and school districts. 28
162.092. 1. If a school district extends an offer to 1
purchase or lease an unused facility to a party other than a 2
public entity, the contract shall include a provision that 3
makes the purchase or lease subject to the right of first 4
refusal by a public entity. 5
2. If the offer to purchase or lease is accepted, the 6
school district selling or leasing the unused facility shall 7
provide a public notice on its website stating: 8
(1) The unused facility is available for lease or 9
purchase; 10
(2) The square footage of the unused facility; 11
(3) The contact information for the school district 12
representative in charge of the lease or sale; and 13
(4) The expiration date of the right of first refusal, 14
which shall be sixty days after the date of notification. 15
3. If two or more public entities notify the offering 16
school district indicating an interest in the unused 17
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facility to lease or purchase, the offering school district 18
shall make the final selection of the purchaser or lessee. 19
4. In right of first refusal negotiations with a 20
public entity, it shall be the option of the offering school 21
district whether to sell or lease the property under 22
consideration, at fair market value or less, for a term to 23
be agreed upon by the parties. A lease shall include 24
ingress to and egress from the facility, and where a part of 25
a facility is leased, the right to access and use of the 26
common area shared by all tenants and users of the 27
facility. If a public entity leases the entire facility, 28
the public entity may incur debt to make improvements to the 29
facility, and the school district shall subordinate its 30
interest in the lease to such debt. 31
5. The public entity shall have six months after the 32
date of making a written offer to complete the purchase or 33
lease of the unused facility for a price negotiated with the 34
school district. 35
6. During the term of a lease, the public entity shall 36
be responsible for direct expenses related to the facility 37
or any part of the facility, including utilities, insurance, 38
maintenance, property taxes, and repairs. 39
7. If a public entity plans to sell an unused facility 40
that it has purchased, it shall first offer the facility to 41
the school district from which it was purchased. Such offer 42
shall be governed by the procedures set forth in this 43
section. 44
8. As used in this section, the following terms mean: 45
(1) "Public entity", the state of Missouri; any 46
political subdivision of the state, including all boards, 47
commissions, agencies, institutions, authorities, and bodies 48
politic and corporate of the state created by or in 49
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accordance with state law or regulations; or any institution 50
supported in whole or in part by public funds; 51
(2) "School board-approved written plan", a written 52
plan that is approved by the school board for future use of 53
an unused school building or facility owned by the school 54
district and that specifies purposes for which such building 55
or facility shall be used by the school within two years of 56
the plan's approval, such as academic purposes, 57
extracurricular activities, administrative school functions, 58
or sports; 59
(3) "Unused facility", a school building or facility 60
that is owned by a school district and is not used for 61
academic purposes, extracurricular activities, 62
administrative school functions, or sports, and for which 63
either of the following is true: 64
(a) The school district does not have a school board- 65
approved written plan for future use of the building or 66
facility; or 67
(b) The school district has a school board-approved 68
written plan for future use of the building or facility, but 69
such plan has not been executed within two years of the 70
plan's approval. 71
166.700. As used in sections 166.700 to 166.720, the 1
following terms mean: 2
(1) "Curriculum", a complete course of study for a 3
particular content area or grade level, including any 4
supplemental materials; 5
(2) "District", the same meaning as used in section 6
160.011; 7
(3) "Educational assistance organization", the same 8
meaning as used in section 135.712; 9
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(4) "Illegal alien", any person who is not lawfully 10
present in the United States or any person who gained 11
illegal entry into the United States; 12
(5) "Parent", the same meaning as used in section 13
135.712; 14
(6) "Private school", a school that is not a part of 15
the public school system of the state of Missouri and that 16
charges tuition for the rendering of elementary or secondary 17
educational services; 18
(7) "Program", the same meaning as used in section 19
135.712; 20
(8) "Qualified school", an FPE school or any of the 21
following entities that is incorporated in Missouri and that 22
does not discriminate on the basis of race, color, or 23
national origin: 24
(a) A charter school as defined in section 160.400; 25
(b) A private school; 26
(c) A public school as defined in section 160.011; or 27
(d) A public or private virtual school; 28
(9) "Qualified student", any elementary or secondary 29
school student who is a resident of this state[,] and who is 30
not an illegal alien[, and who: 31
(a) Has an approved "individualized education plan" 32
(IEP) developed under the federal Individuals with 33
Disabilities Education Act (IDEA), 20 U.S.C. Section 1400 et 34
seq., as amended; or 35
(b) Is a member of a household whose total annual 36
income does not exceed an amount equal to three hundred 37
percent of the income standard used to qualify for free and 38
reduced price lunches, and that meets at least one of the 39
following qualifications: 40
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a. Attended a public school as a full-time student for 41
at least one semester during the previous twelve months; 42
b. Is a child who is eligible to begin kindergarten or 43
first grade under sections 160.051 to 160.055; or 44
c. Is a sibling of a qualified student who received a 45
scholarship grant in the previous school year and will 46
receive a scholarship grant in the current school year]. 47
166.720. 1. Sections 166.700 to 166.720 shall not be 1
construed to permit any governmental agency to exercise 2
control or supervision over any qualified school in which a 3
qualified student enrolls other than a qualified school that 4
is a public school. 5
2. A qualified school, other than a qualified school 6
that is a public school, that accepts a payment from a 7
parent under sections 166.700 to 166.720 shall not be 8
considered an agent of the state or federal government due 9
to its acceptance of the payment. 10
3. A qualified school shall not be required to alter 11
its creed, practices, admissions policy, or curriculum in 12
order to accept students whose parents pay tuition or fees 13
from a Missouri empowerment scholarship account to 14
participate as a qualified school. 15
4. [(1) Any qualified student receiving a Missouri 16
empowerment scholarship who leaves a public school or 17
charter school, as such terms are defined in chapter 160, in 18
the qualified student's resident school district to enroll 19
in a qualified school that is not the qualified student's 20
resident school district shall continue to be counted in the 21
resident public school or charter school's weighted average 22
daily attendance as a resident student for the purposes of 23
determining state and federal aid for the qualified 24
student's resident school district or charter school. 25
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(2) The qualified student will continue to be counted 26
for such purpose as provided: 27
(a) For five years after the qualified student no 28
longer attends school in the qualified student's resident 29
school district; 30
(b) Until any calendar year that the qualified student 31
no longer receives grant money in their scholarship account; 32
(c) Until the qualified student is counted in the 33
weighted average daily attendance for a public school or 34
charter that they are a resident student in; or 35
(d) Until the qualified student graduates. 36
(3) The educational assistance organization and the 37
state treasurer shall provide the necessary information to 38
the department of elementary and secondary education to 39
allow the federal and state aid to continue to the public 40
school or charter school in the qualified student's resident 41
school district previously attended by the qualified student. 42
(4) The provisions of this subsection shall terminate 43
five years after August 28, 2021. 44
5.] In any legal proceeding challenging the 45
application of sections 166.700 to 166.720 to a qualified 46
school, the state shall bear the burden of establishing that 47
the law is necessary and does not impose any undue burden on 48
qualified schools. 49
[6.] 5. The provisions of section 23.253 of the 50
Missouri sunset act shall not apply to sections 166.700 to 51
166.720. 52
167.241. 1. Except as otherwise provided under this 1
section, transportation for pupils whose tuition the 2
district of residence is required to pay by section 167.131 3
or who are assigned as provided in section 167.121 shall be 4
provided by the district of residence. 5
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2. In the case of pupils covered by section 167.131, 6
the district of residence shall be required to provide 7
transportation only to school districts accredited by the 8
state board of education pursuant to the authority of the 9
state board of education to classify schools as established 10
in section 161.092, and those school districts designated by 11
the board of education of the district of residence. 12
3. [(1) For purposes of this subsection, "approved 13
charter school" has the same meaning given to the term under 14
section 167.895. 15
(2)] For pupils [covered by] transferring to another 16
school district or charter school pursuant to the provisions 17
of section 167.895, the district of residence shall be 18
required to provide transportation only to school districts 19
or [approved] charter schools designated by the department 20
of elementary and secondary education or its designee. For 21
such pupils [covered by section 167.895], the department of 22
elementary and secondary education or its designee shall 23
designate at least one [accredited] school district or 24
[approved] charter school to which the district of residence 25
shall provide transportation. If the designated district or 26
charter school reaches full student capacity and is unable 27
to receive additional students, the department of elementary 28
and secondary education or its designee shall designate at 29
least one additional [accredited] district or [approved] 30
charter school to which the district of residence shall 31
provide transportation. 32
167.895. 1. For purposes of this section and section 1
167.898, the following terms mean: 2
(1) ["Approved charter school", a charter school that 3
has existed for less than three years or a charter school 4
with a three-year average score consistent with a 5
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classification of accredited without provisions on its 6
annual performance report; 7
(2) "Attendance center", a public school building, 8
public school buildings, or part of a public school building 9
that offers education in a grade or grades not higher than 10
the twelfth grade and that constitutes one unit for 11
accountability and reporting purposes for the department of 12
elementary and secondary education; 13
(3) "Available receiving district", a school district 14
able to receive transfer students under this section; 15
(4)] "Receiving district", a school district receiving 16
transfer students under this section; 17
[(5)] (2) "Sending district", a school district from 18
which students are transferring to a receiving district or 19
approved charter school, as allowed under this section. 20
2. (1) Any student may transfer to another public 21
school [in the student's district of residence if such 22
student is enrolled in and has attended, for the full 23
semester immediately prior to requesting the transfer, an 24
attendance center: 25
(a) That is located within an unaccredited district; 26
and 27
(b) That has an annual performance report score 28
consistent with a classification of unaccredited] or charter 29
school pursuant to the provisions of this section and 30
section 167.898 beginning in the 2027-28 school year and in 31
all subsequent school years. However, no such transfer 32
shall result in a class size and assigned enrollment in a 33
receiving school that exceeds the standards for class size 34
and assigned enrollment as promulgated in the Missouri 35
school improvement program's resource standards. If the 36
student chooses to attend a magnet school, an academically 37
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selective school, or a school with a competitive entrance 38
process within his or her district of residence that has 39
admissions requirements, the student shall meet the 40
admissions requirements in order to attend. 41
(2) The school board of each [unaccredited] school 42
district shall determine the capacity at each [of the 43
district's attendance centers that has an annual performance 44
report score consistent with a classification of accredited] 45
grade level and each school, and shall accept all transfer 46
students who apply and are assigned to the school district 47
under the Missouri empowerment scholarship accounts program 48
created in sections 135.712 to 135.719 and sections 166.700 49
to 166.720 and all students who apply and are assigned to 50
the school district as provided in section 167.898, provided 51
that there is capacity in the requested grade level and 52
school. The district's school board shall be responsible 53
for coordinating transfers within the district as allowed 54
under this subsection, and school board policies governing 55
transfers shall not discriminate against any student on the 56
basis of such student's residential address, academic 57
performance, athletic ability, disability, race, ethnicity, 58
sex, or free and reduced price lunch status. 59
(3) [The school board of each unaccredited district 60
shall annually report to the department of elementary and 61
secondary education or its designee the number of available 62
slots in attendance centers within the district that have 63
annual performance report scores consistent with a 64
classification of accredited, the number of students who 65
request to transfer within the district, and the number of 66
such transfer requests that are granted.] (a) The local 67
school board shall adopt a policy to determine the number of 68
transfer students the school district has the capacity to 69
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accept for each grade level and school no later than October 70
27, 2026. The policy shall be publicly posted on the school 71
district's website. 72
(b) By July 15, 2027, and by the first day of each 73
month thereafter, each local school board shall, upon 74
establishing the number of transfer students the school 75
district has the capacity to accept in each grade level and 76
school: 77
a. Publish the number of available transfer placements 78
for each grade level and school in a prominent and publicly 79
accessible place on the school district's website; 80
b. Report the number of available transfer placements 81
for each grade level and school to the department of 82
elementary and secondary education; and 83
c. Report such district's average per pupil 84
expenditure to the department of elementary and secondary 85
education. 86
(c) The department of elementary and secondary 87
education shall publish the data received from school 88
districts under paragraph (b) of this subdivision on an 89
online portal accessible via a primary tab on the top banner 90
of the homepage of such department's website. The portal 91
shall be updated at least monthly and shall include a search 92
function permitting users to easily identify schools with 93
capacity near their home address. 94
(d) If a request for transfer is denied, an appeal may 95
be taken to the state board of education by the requesting 96
parents or student, if such appeal is commenced not more 97
than ten days after the denial. An appeal is commenced by 98
mailing a notice of appeal by certified mail to the 99
superintendent of the receiving school district and to the 100
state board of education. If the state board of education 101
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does not hear the appeal within sixty calendar days of such 102
appeal's commencement, then the appeal shall be deemed 103
granted with immediate effect. The department of elementary 104
and secondary education shall develop forms for filing 105
appeals and shall assist the parent or student in the 106
mechanics of commencing the appeal. The state board of 107
education shall promulgate rules to establish the process 108
for appeals. 109
3. [(1) Any student who is eligible to transfer 110
within his or her district under subsection 2 of this 111
section but who is unable to do so due to a lack of capacity 112
in the attendance centers in his or her district of 113
residence may apply to the department of elementary and 114
secondary education or its designee to transfer to: 115
(a) An attendance center: 116
a. That is located within an accredited district that 117
is located in the same or an adjoining county; and 118
b. That has an annual performance report score 119
consistent with a classification of accredited; or 120
(b) An approved charter school located in another 121
district in the same or an adjoining county. 122
(2) A student who is eligible to begin kindergarten or 123
first grade at an attendance center: 124
(a) That is located within an unaccredited district; 125
(b) That has an annual performance report score 126
consistent with a classification of unaccredited; and 127
(c) That offers classes above the second grade level 128
may apply to the department of elementary and secondary 129
education or its designee for a transfer to a school 130
described under paragraph (a) or (b) of subdivision (1) of 131
this subsection if he or she resides in the attendance area 132
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of the attendance center described under this subdivision on 133
March first preceding the school year of first attendance. 134
A student who does not apply by March first for enrollment 135
in any school year after the 2019-20 school year shall be 136
required to enroll and attend the attendance center 137
described under this subdivision for one semester to become 138
eligible. 139
(3) If a student who is eligible to transfer under 140
this subsection chooses to apply to attend a magnet school, 141
an academically selective school, or a school with a 142
competitive entrance process that has admissions 143
requirements, the student shall furnish proof that he or she 144
meets the admissions requirements. 145
(4) Any student who does not maintain residency in the 146
attendance area of his or her attendance center in the 147
district of residence shall lose eligibility to transfer. 148
(5) Except as provided under subsection 7 of this 149
section, any student who transfers but later withdraws shall 150
lose eligibility to transfer. 151
(6) The transfer provisions of this subsection shall 152
not apply to a district created under sections 162.815 to 153
162.840 or to any early childhood programs or early 154
childhood special education programs. 155
4. (1) No student enrolled in and attending an 156
attendance center that does not offer classes above the 157
second grade level shall be eligible to transfer under this 158
section. 159
(2) No student who is eligible to begin kindergarten 160
or first grade at an attendance center that does not offer 161
classes above the second grade level shall be eligible to 162
transfer under this section. 163
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5. (1) (a) No provisionally accredited district 164
shall be eligible to receive transfer students. 165
(b) Except as provided under paragraph (c) of this 166
subdivision, no attendance center that has an annual 167
performance report score consistent with a classification of 168
provisionally accredited shall be eligible to receive 169
transfer students. 170
(c) A transfer student who chooses to attend an 171
attendance center that has an annual performance report 172
score consistent with a classification of provisionally 173
accredited and that is located within his or her 174
unaccredited district of residence shall be allowed to 175
transfer to such attendance center if there is an available 176
slot. 177
(2) (a) No unaccredited district shall be eligible to 178
receive transfer students. 179
(b) No attendance center that has an annual 180
performance report score consistent with a classification of 181
unaccredited shall be eligible to receive transfer students. 182
(3) No district or attendance center that has received 183
two consecutive annual performance reports consistent with a 184
classification of provisionally accredited for the years 185
immediately preceding the year in which it seeks to enroll 186
transfer students shall be eligible to receive any transfer 187
students, irrespective of its state board of education 188
classification designation; except that, any student who was 189
granted a transfer to such a district or attendance center 190
prior to August 28, 2019 may remain enrolled in that 191
district or attendance center. 192
6. Notwithstanding the provisions of subsection 5 of 193
this section, a student may transfer to an attendance center: 194
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(1) That is located within an unaccredited or 195
provisionally accredited district; and 196
(2) That has an annual performance report score 197
consistent with a classification of accredited 198
if the attendance center applies for and is granted a waiver 199
by the department of elementary and secondary education or 200
its designee to allow the attendance center to accept 201
transfer students. 202
7. If a receiving district becomes unaccredited or 203
provisionally accredited, or if an approved charter school 204
loses its status as an approved charter school, any students 205
who previously transferred to the district or charter school 206
shall receive the opportunity to remain enrolled in the 207
district or charter school or to transfer to another 208
district or approved charter school without losing their 209
eligibility to transfer. 210
8. For a receiving district, no acceptance of a 211
transfer student shall require any of the following actions, 212
unless the board of education of the receiving district has 213
approved the action: 214
(1) The hiring of additional classroom teachers; 215
(2) The construction of additional classrooms; or 216
(3) A class size and assigned enrollment in a 217
receiving school that exceeds the standards for class size 218
and assigned enrollment as promulgated in the Missouri 219
school improvement program's resource standards. 220
9. (1) By July 15, 2019, the board of education of 221
each available receiving district and the governing board of 222
each approved charter school eligible to receive transfer 223
students under this section shall set the number of transfer 224
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students the district or charter school is able to receive 225
for the 2019-20 school year. 226
(2) By February first annually, the board of education 227
of each available receiving district and the governing board 228
of each approved charter school eligible to receive transfer 229
students under this section shall set the number of transfer 230
students the district or charter school is able to receive 231
for the following school year. 232
(3) An available receiving district or approved 233
charter school eligible to receive transfer students under 234
this section shall publish the number set under this 235
subsection and shall not be required to accept any transfer 236
students under this section that would cause it to exceed 237
the published number. 238
10. (1) Each available receiving district shall adopt 239
a policy establishing a tuition rate for transfer students 240
by February first annually. 241
(2) Each approved charter school eligible to receive 242
transfer students under this section shall adopt a policy 243
establishing a tuition rate for transfer students by 244
February first annually. 245
(3) A sending district shall pay the receiving 246
district or the approved charter school the amount specified 247
under section 167.132 for each transfer student. 248
11. A student whose transfer application has been 249
denied by a receiving district shall have the right to 250
appeal the decision of the receiving district to the 251
department of elementary and secondary education. The 252
appeal shall be taken within fifteen days after the decision 253
of the department and may be taken by filing notice of 254
appeal with the department. Such appeal shall be heard as 255
provided in chapter 536. 256
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12. If an unaccredited district becomes classified as 257
provisionally accredited or accredited without provisions by 258
the state board of education, or if an attendance center 259
within an unaccredited district improves its annual 260
performance report score from a score that is consistent 261
with a classification of unaccredited to a score that is 262
consistent with a classification of provisionally accredited 263
or accredited, any resident student of the unaccredited 264
district who has transferred to an approved charter school 265
or to an accredited district in the same or an adjoining 266
county, as allowed under subsection 3 of this section, shall 267
be permitted to continue his or her educational program in 268
the receiving district or charter school through the 269
completion of middle school, junior high school, or high 270
school, whichever occurs first; except that, a student who 271
attends any school serving students through high school 272
graduation but starting at grades lower than ninth grade 273
shall be permitted to complete high school in the school to 274
which he or she has transferred. 275
13. Notwithstanding the provisions of subsection 10 of 276
this section, if costs associated with the provision of 277
special education and related services to a student with a 278
disability exceed the tuition amount established under this 279
section, the unaccredited district shall remain responsible 280
for paying the excess cost to the receiving district. If 281
the receiving district is a component district of a special 282
school district, the unaccredited district, including any 283
metropolitan school district, shall contract with the 284
special school district for the entirety of the costs to 285
provide special education and related services, excluding 286
transportation in accordance with this section. The special 287
school district may contract with an unaccredited district, 288
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including any metropolitan district, for the provision of 289
transportation of a student with a disability or the 290
unaccredited district may provide transportation on its own. 291
14.] Notwithstanding the provisions of chapter 163 or 292
federal calculations of military impact aid to the contrary, 293
for the purposes of determining state and federal aid, a 294
transfer student shall be counted as a resident of the 295
receiving district in which the student is enrolled. 296
Tuition shall not be charged to any student or to his or her 297
parent or legal guardian. 298
4. A special school district shall continue to provide 299
special education and related services, with the exception 300
of transportation under this section, to a student with a 301
disability transferring [from an attendance center with an 302
annual performance report score consistent with a 303
classification of unaccredited that is within a component 304
district to an attendance center with an annual performance 305
report score consistent with a classification of accredited 306
that is within the same or a different component district] 307
to another school within the special school district. 308
[15.] 5. If [any] the sending school district is a 309
metropolitan school district [is classified as 310
unaccredited], it shall remain responsible for the provision 311
of special education and related services, including 312
transportation, to students with disabilities. A special 313
school district in an adjoining county to a metropolitan 314
school district may contract with the metropolitan school 315
district for the reimbursement of special education services 316
under sections 162.705 and 162.710 provided by the special 317
school district for transfer students who are residents of 318
the [unaccredited] sending district. 319
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[16.] 6. Regardless of whether transportation is 320
identified as a related service within a student's 321
individualized education program, a receiving district that 322
is not part of a special school district shall not be 323
responsible for providing transportation to a student 324
transferring under this section. [An unaccredited] A 325
sending district may contract with a receiving district that 326
is not part of a special school district under sections 327
162.705 and 162.710 for transportation of students with 328
disabilities. 329
[17.] 7. If the sending district is a seven-director 330
school district or urban school district [is classified as 331
unaccredited], it may contract with a receiving district 332
that is not part of a special school district in the same or 333
an adjoining county for the reimbursement of special 334
education and related services under sections 162.705 and 335
162.710 provided by the receiving district for transfer 336
students who are residents of the [unaccredited] sending 337
district. 338
167.898. 1. [(1)] By July 15, [2019] 2027, and by 1
[January first annually] the first day of each month 2
thereafter, each [accredited] school district[, any portion 3
of which is located in the same county as or in an adjoining 4
county to an unaccredited district,] shall report to the 5
department of elementary and secondary education or its 6
designee the number of available enrollment slots by grade 7
level and school. 8
[(2) By July 15, 2019, and by January first annually, 9
each unaccredited district shall report to the department of 10
elementary and secondary education or its designee the 11
number of available enrollment slots in the schools of its 12
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district that have received annual performance report scores 13
consistent with a classification of accredited. 14
(3) By July 15, 2019, and by January first annually, 15
each approved charter school that is eligible to receive 16
transfer students under section 167.895 shall report to the 17
department of elementary and secondary education or its 18
designee the number of available enrollment slots.] 19
2. The department of elementary and secondary 20
education or its designee shall make information and 21
assistance available [to parents or guardians who intend to 22
transfer their child to an accredited district or to an 23
approved charter school as described under section 167.895] 24
via the Missouri open enrollment portal created under 25
section 167.895. 26
3. The parent or guardian of a student who intends to 27
transfer his or her child to [an accredited] a receiving 28
district or to [an approved] a charter school as described 29
under section 167.895 for enrollment in that district or 30
charter school in any school year after the 2019-20 school 31
year shall send initial notification to the department of 32
elementary and secondary education or its designee by [March 33
first for enrollment in the subsequent school year] August 34
1, 2027, and by the first day of each month thereafter, for 35
enrollment in any subsequent month. 36
4. The department of elementary and secondary 37
education or its designee shall assign those students who 38
seek to transfer to [an accredited] a receiving district or 39
to [an approved] a charter school as described under section 40
167.895. When assigning transfer students to [approved] 41
charter schools, the department of elementary and secondary 42
education or its designee shall coordinate with each 43
approved charter school and its admissions process if 44
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capacity is insufficient to enroll all students who submit a 45
timely application. [An approved] A charter school shall 46
not be required to institute a lottery procedure for 47
determining the admission of resident students. The 48
department of elementary and secondary education or its 49
designee shall give first priority to students who live in 50
the same household with any family member within the first 51
or second degree of consanguinity or affinity who already 52
attends a school with an annual performance report score 53
consistent with a classification of accredited and who apply 54
to attend the same school. If insufficient grade- 55
appropriate enrollment slots are available for a student to 56
be able to transfer, the student shall receive first 57
priority the following [school year] month. The department 58
of elementary and secondary education or its designee shall 59
consider the following factors in assigning school districts 60
and charter schools: 61
(1) The student's or parent's choice of the receiving 62
school district or charter school; 63
(2) The best interests of the student; 64
(3) The availability of transportation funding, as 65
provided under section 167.241; and 66
(4) Distance and travel time to a receiving school. 67
The department of elementary and secondary education or its 68
designee shall not consider student academic performance, 69
free and reduced price lunch status, or athletic ability in 70
assigning a student to a school. The parent or guardian may 71
make an application for a specific building assignment 72
within the district or [approved] charter school. Final 73
building assignment shall be determined by the receiving 74
school district or [approved] charter school. 75
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5. (1) The department of elementary and secondary 76
education or its designee may deny a transfer to a student 77
who in the most recent school year has been suspended from 78
school two or more times or who has been suspended for an 79
act of school violence under subsection 2 of section 80
160.261. A student whose transfer is initially precluded 81
under this subsection may be permitted to transfer on a 82
provisional basis as a probationary transfer student, 83
subject to no further disruptive behavior, upon a statement 84
from the student's current school that the student is not 85
disruptive. A student who is denied a transfer under this 86
subsection has the right to an in-person meeting with an 87
employee of the department of elementary and secondary 88
education or its designee. 89
(2) The department of elementary and secondary 90
education shall promulgate rules to provide common standards 91
for determining disruptive behavior that shall include, but 92
not be limited to, criteria under section 160.261. Any rule 93
or portion of a rule, as that term is defined in section 94
536.010, that is created under the authority delegated in 95
this section shall become effective only if it complies with 96
and is subject to all of the provisions of chapter 536 and, 97
if applicable, section 536.028. This section and chapter 98
536 are nonseverable, and if any of the powers vested with 99
the general assembly pursuant to chapter 536 to review, to 100
delay the effective date, or to disapprove and annul a rule 101
are subsequently held unconstitutional, then the grant of 102
rulemaking authority and any rule proposed or adopted after 103
August 28, 2019, shall be invalid and void. 104
168.189. 1. A school district may consider, but may 1
not require, any criteria greater than that which is 2
necessary to obtain a Missouri initial administrator 3
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certificate as promulgated under 5 CSR 20-400.610 in an 4
application to hire a district administrator. 5
2. A school district may employ as an administrator an 6
individual who does not possess a Missouri initial 7
administrator certificate as promulgated under 5 CSR 20- 8
400.610 if the individual meets the following criteria: 9
(1) Master's degree or, at minimum, its equivalent; 10
(2) Eight years of experience in an executive role 11
that is responsible for leading teams and accountable for 12
profits and losses; and 13
(3) A waiver specific to the applicant has been 14
granted to the school district for this purpose. 15
3. A waiver granted under subdivision (3) of 16
subsection 2 of this section shall be valid for no longer 17
than three years and eligible for renewal once. Upon 18
conclusion of the six year waiver period, the state board of 19
education may grant the applicant a permanent certificate to 20
serve as an administrator in any school district. 21
✓