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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. 923
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR WEBBER.
4904S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.400 and 160.415, RSMo, and to enact in lieu thereof two new sections
relating to charter schools.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.400 and 160.415, RSMo, are 1
repealed and two new sections enacted in lieu thereof, to be 2
known as sections 160.400 and 160.415, to read as follows:3
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
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(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
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; or 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. 48
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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
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
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4. Changes in a school district's accreditation status 81
that affect charter schools shall be addressed as follows, 82
except for the districts described in subdivisions (1) and 83
(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
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. 102
A charter school operating in a school district identified 103
in subdivision (1)[, (2), or (5)] or (2) of subsection 2 of 104
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
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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
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
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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
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
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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
(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
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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
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
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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
(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
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(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
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
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resident district shall not be liable for any outstanding 300
liability or obligations of the charter school. 301
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
excess of the performance levy as defined in section 163.011 29
plus all other state aid attributable to such pupils. 30
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(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
incidental and teachers funds in excess of the performance 61
levy as defined in section 163.011 plus all other state aid 62
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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
district to the charter school. The charter school may 93
contract with any other entity for services. Such services 94
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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
(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
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(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
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
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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
12. A charter school is authorized to incur debt in 163
anticipation of receipt of funds. A charter school may also 164
borrow to finance facilities and other capital items. A 165
school district may incur bonded indebtedness or take other 166
measures to provide for physical facilities and other 167
capital items for charter schools that it sponsors or 168
contracts with. Except as otherwise specifically provided 169
in sections 160.400 to 160.425, upon the dissolution of a 170
charter school, any liabilities of the corporation will be 171
satisfied through the procedures of chapter 355. A charter 172
school shall satisfy all its financial obligations within 173
twelve months of notice from the sponsor of the charter 174
school's closure under subsection 8 of section 160.405. 175
After satisfaction of all its financial obligations, a 176
charter school shall return any remaining state and federal 177
funds to the department of elementary and secondary 178
education for disposition as stated in subdivision (17) of 179
subsection 1 of section 160.405. The department of 180
elementary and secondary education may withhold funding at a 181
level the department determines to be adequate during a 182
school's last year of operation until the department 183
determines that school records, liabilities, and reporting 184
requirements, including a full audit, are satisfied. 185
13. Charter schools shall not have the power to 186
acquire property by eminent domain. 187
14. The governing board of a charter school is 188
authorized to accept grants, gifts or donations of any kind 189
and to expend or use such grants, gifts or donations. A 190
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grant, gift or donation shall not be accepted by the 191
governing board if it is subject to any condition contrary 192
to law applicable to the charter school or other public 193
schools, or contrary to the terms of the charter. 194
15. In addition to any state aid remitted to charter 195
schools under this section, the department of elementary and 196
secondary education shall remit to any charter school an 197
amount equal to the weighted average daily attendance of the 198
charter school multiplied by the difference of: 199
(1) The amount of state aid and local aid per weighted 200
average daily attendance received by the school district in 201
which the charter school is located, not including any funds 202
remitted to charter schools in the district. For the 203
purposes of this subdivision, the weighted average daily 204
attendance of the school district shall not include the 205
weighted average daily attendance of the charter schools 206
located in the district; and 207
(2) The amount of state aid and local aid per weighted 208
average daily attendance of the charter school received by 209
the charter school. 210
16. Charter schools may adjust weighted average daily 211
attendance pursuant to section 163.036. 212
17. When calculating the amounts in subdivisions (1) 213
and (2) of subsection 15 of this section, the department 214
shall utilize the most current data to which the department 215
has access. 216
18. For the purposes of subsection 15 of this section: 217
(1) The definitions contained in section 163.011, 218
shall apply; 219
(2) The term "local aid" shall mean all local and 220
county revenue received, including, but not limited to, the 221
following: 222
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(a) Property taxes and delinquent taxes; 223
(b) Merchants' and manufacturers' tax revenues; 224
(c) Financial institutions' tax revenues; 225
(d) City sales tax revenue, including city sales tax 226
collected in any city not within a county; 227
(e) Payments in lieu of taxes; and 228
(f) Revenues from state-assessed railroad and 229
utilities tax; 230
(3) The term local aid shall not be construed to 231
include: 232
(a) Charitable contributions, gifts, and grants made 233
to school districts; 234
(b) Interest earnings of school districts and student 235
fees paid to school districts; 236
(c) Debt service authorized by a public vote for the 237
purpose of making payments on a bond issuance of a school 238
district; 239
(d) Proposition C revenues received for school 240
purposes from the school district trust fund under section 241
163.087; or 242
(e) Any other funding solely intended for a particular 243
school district or their respective employees, schools, 244
foundations, or organizations; 245
(4) The term "state aid" shall mean any revenues 246
received pursuant to this section and sections 163.043 and 247
163.087. 248
19. Notwithstanding any other provision of law to the 249
contrary, subsections 15 to 18 of this section shall be 250
applicable to charter schools operated only in the following 251
school districts[, provided that no such school district 252
shall be located in a county with more than one hundred 253
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fifty thousand but fewer than two hundred thousand 254
inhabitants]: 255
(1) In a metropolitan school district; 256
(2) In an urban school district containing most or all 257
of a city with more than four hundred thousand inhabitants 258
and located in more than one county; 259
(3) In a school district that has been classified as 260
unaccredited by the state board of education; 261
(4) In a school district that has been classified as 262
provisionally accredited by the state board of education and 263
has received scores on its annual performance report 264
consistent with a classification of provisionally accredited 265
or unaccredited for three consecutive school years beginning 266
with the 2012-13 accreditation year under the conditions 267
described in paragraphs (a) and (b) of subdivision (4) of 268
subsection 2 of section 160.400; or 269
(5) In a school district that has been accredited 270
without provisions, sponsored only by the local school board 271
under the conditions described in subdivision (6) of 272
subsection 2 of section 160.400. 273
20. (1) The members of the governing board of a 274
charter school shall be residents of the state of Missouri. 275
(2) Any current member of a governing board of a 276
charter school who does not meet the requirements in 277
subdivision (1) of this subsection may complete their term. 278
Such individual shall not be renominated as a member of the 279
governing board on which he or she sits. 280
21. (1) Any charter school management company 281
operating a charter school in the state shall be a nonprofit 282
corporation incorporated pursuant to chapter 355. 283
(2) Notwithstanding any provision of law to the 284
contrary, if a charter school is operated by a charter 285
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school management company, all laws and regulations that 286
apply to employees of such charter school shall apply to the 287
actions of any employees of the management company while 288
they are conducting any work relating to the direct decision- 289
making of the operation of such charter school. 290
22. Beginning July 1, 2023, the provisions of section 291
160.995 shall be applicable to charter schools. 292
23. Each charter school shall publish its annual 293
performance report on the school's website in a downloadable 294
format. 295
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