FIRST REGULAR SESSION SENATE BILL NO. 177 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR NURRENBERN. 0421S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 160, RSMo, by adding thereto one new section relating to charter schools. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 160, RSMo, is amended by adding thereto 1 one new section, to be known as section 160.426, to read as 2 follows:3 160.426. 1. Beginning August 28, 2025, no charter 1 school shall be eligible to operate in this state without 2 the state board of education's issuance of a certificate of 3 need for such charter school as provided in this section. 4 2. A certificate of need shall be required only for 5 proposed charter schools that are not established as of 6 August 28, 2025, and shall not be required for: 7 (1) The renewal of a charter contract pursuan t to the 8 provisions of section 160.405; or 9 (2) The transfer of sponsorship of a charter school in 10 accordance with rules promulgated by the state board of 11 education. 12 3. This section shall not be construed to exempt a 13 charter school from the requirements of section 160.405 or 14 any other applicable state or federal law or regulation. 15 4. The charter school certificate of need application 16 shall consist of a written certification, including 17 supporting documentation, submitted by the gover ning board 18 of the school district or the governing body of the city or 19 SB 177 2 county in which the proposed charter school would be 20 located, affirming that the following conditions apply to 21 the school district in which the proposed charter school 22 would be operated: 23 (1) Consumer demand for alternative educational 24 options exceeds supply; 25 (2) The school district's attendance area contains 26 sufficient economies of scale to ensure both an adequate 27 supply of high quality teachers and a sufficient numbe r of 28 potential students in order for the proposed charter school 29 to succeed without detrimentally impacting the school 30 district's ability to provide a free public education for 31 students who enroll in the school district. For purposes of 32 this subdivision, "economies of scale" shall mean the 33 capacity to reduce costs and increase efficiency as student 34 enrollment numbers change; and 35 (3) The proposed charter school is likely to: 36 (a) Alleviate economic and racial inequities across 37 the school district's attendance centers; 38 (b) Improve students' academic achievement and test 39 scores; 40 (c) Reduce student-teacher ratios across the school 41 district; 42 (d) Result in a more efficient education service 43 delivery system without superflu ous duplication of services; 44 (e) Limit the number of schooling disruptions faced by 45 children and families; and 46 (f) Address family priorities that are not strictly 47 educational in nature, including, but not limited to, 48 safety, convenience, tra nsportation time, neighborhood 49 walkability, and school culture. 50 SB 177 3 5. The state board of education shall review each 51 charter school certificate of need application and either 52 approve or disapprove each application within one hundred 53 twenty calendar days of receipt. If the board determines 54 that the information provided in the application is factual 55 and based on sound data and reasoning, the board shall 56 consider the conditions of this subsection to be satisfied, 57 and the board shall approve such ap plication. If the board 58 determines that the information provided in the application 59 is not factual and based on sound data and reasoning, the 60 board shall disapprove the application and provide to the 61 applicant written documentation of the reasons why the 62 application was not approved. 63