Missouri 2025 Regular Session

Missouri Senate Bill SB398 Compare Versions

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Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 398
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BROWN (26).
8	8	1375S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal sections 160.400 and 160.425, RSMo, and to enact in lieu thereof three new sections
11	11	relating to charter schools.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Sections 160.400 and 160.425, RSMo, are 1
15	15	repealed and three new sections enacted in lieu thereof, to be 2
16	16	known as sections 160.400, 160.422, and 160.425, to read as 3
17	17	follows:4
18	18	160.400. 1. A charter school is an independent public 1
19	19	school. 2
20	20	2. [Except as further provided in subsection 4 of this 3
21	21	section,] Charter schools may be operated only: 4
22	22	(1) In a metropolitan school district; 5
23	23	(2) In an urban school district containing most or all 6
24	24	of a city with a population greater than three hundred fifty 7
25	25	thousand inhabitants; 8
26	26	(3) In a school district that has been classified as 9
27	27	unaccredited by the state board of education; 10
28	28	(4) In a school district that has been classified as 11
29	29	provisionally accredited by the state board of education and 12
30	30	has received scores on its annual performance report 13
31	31	consistent with a classification of provisionally accredited 14
32	32	or unaccredited for three consecut ive school years beginning 15
33	33	with the 2012-13 accreditation year under the following 16
34	34	conditions: 17 SB 398 2
35	35	(a) The eligibility for charter schools of any school 18
36	36	district whose provisional accreditation is based in whole 19
37	37	or in part on financial stress as defi ned in sections 20
38	38	161.520 to 161.529, or on financial hardship as defined by 21
39	39	rule of the state board of education, shall be decided by a 22
40	40	vote of the state board of education during the third 23
41	41	consecutive school year after the designation of provisional 24
42	42	accreditation; and 25
43	43	(b) The sponsor is limited to the local school board 26
44	44	or a sponsor who has met the standards of accountability and 27
45	45	performance as determined by the department based on 28
46	46	sections 160.400 to 160.425 and section 167.349 and properly 29
47	47	promulgated rules of the department; 30
48	48	(5) In a school district located within a county with 31
49	49	more than one hundred fifty thousand but fewer than two 32
50	50	hundred thousand inhabitants, provided that the provisions 33
51	51	of subsections 15 to 18 of section 160.41 5 shall not apply 34
52	52	to any charter school operated in such county; [or] 35
53	53	(6) In a school district located within a county with 36
54	54	a charter form of government; 37
55	55	(7) In any municipality with a population greater than 38
56	56	thirty thousand; or 39
57	57	(8) In a school district that has been accredited 40
58	58	without provisions, sponsored only by the local school 41
59	59	board; provided that no board with a current year enrollment 42
60	60	of one thousand five hundred fifty students or greater shall 43
61	61	permit more than thirty -five percent of its student 44
62	62	enrollment to enroll in charter schools sponsored by the 45
63	63	local board under the authority of this subdivision, except 46
64	64	that this restriction shall not apply to any school district 47
65	65	that subsequently becomes eligible under subdivision (3) or 48
66	66	(4) of this subsection or to any district accredited without 49 SB 398 3
67	67	provisions that sponsors charter schools prior to having a 50
68	68	current year student enrollment of one thousand five hundred 51
69	69	fifty students or greater. 52
70	70	3. [Except as further provided in subsection 4 of this 53
71	71	section,] The following entities are eligible to sponsor 54
72	72	charter schools: 55
73	73	(1) The school board of the district in any district 56
74	74	which is sponsoring a charter school as of August 27, 2012, 57
75	75	as permitted under subdivision (1) or (2) of subsection 2 of 58
76	76	this section, the special administrative board of a 59
77	77	metropolitan school district during any time in which powers 60
78	78	granted to the district's board of education are vested in a 61
79	79	special administrative board, or if the state board of 62
80	80	education appoints a special administrative board to retain 63
81	81	the authority granted to the board of education of an urban 64
82	82	school district containing most or all of a city with a 65
83	83	population greater than three hundred fifty thousand 66
84	84	inhabitants, the special administrative board of such school 67
85	85	district; 68
86	86	(2) A public four-year college or university with an 69
87	87	approved teacher education program that meets regional or 70
88	88	national standards of accreditation; 71
89	89	(3) A community college, the service area of which 72
90	90	encompasses some portion of the district; 73
91	91	(4) Any private four-year college or university with 74
92	92	an enrollment of at least one thousand students, with its 75
93	93	primary campus in Missouri, and with an approved teacher 76
94	94	preparation program; 77
95	95	(5) Any two-year private vocational or technical 78
96	96	school designated as a 501(c)(3) nonprofit organization 79
97	97	under the Internal Revenue Code of 1986, as amended, and 80 SB 398 4
98	98	accredited by the Higher Learning Commission, with its 81
99	99	primary campus in Missouri; 82
100	100	(6) The Missouri charter public school commission 83
101	101	created in section 160.425. 84
102	102	4. [Changes in a school district's accreditation 85
103	103	status that affect charter schools shall be addressed as 86
104	104	follows, except for the districts described in subdivisions 87
105	105	(1) and (2) of subsection 2 of this section: 88
106	106	(1) As a district transitions from unaccredited to 89
107	107	provisionally accredited, the district shall continue to 90
108	108	fall under the requirements for an unaccredited district 91
109	109	until it achieves three consecutive ful l school years of 92
110	110	provisional accreditation; 93
111	111	(2) As a district transitions from provisionally 94
112	112	accredited to full accreditation, the district shall 95
113	113	continue to fall under the requirements for a provisionally 96
114	114	accredited district until it achieves t hree consecutive full 97
115	115	school years of full accreditation; 98
116	116	(3) In any school district classified as unaccredited 99
117	117	or provisionally accredited where a charter school is 100
118	118	operating and is sponsored by an entity other than the local 101
119	119	school board, when the school district becomes classified as 102
120	120	accredited without provisions, a charter school may continue 103
121	121	to be sponsored by the entity sponsoring it prior to the 104
122	122	classification of accredited without provisions and shall 105
123	123	not be limited to the local school board as a sponsor. 106
124	124	A charter school operating in a school district identified 107
125	125	in subdivision (1), (2), or (5) of subsection 2 of this 108
126	126	section may be sponsored by any of the entities identified 109
127	127	in subsection 3 of this section, irrespective of the 110
128	128	accreditation classification of the district in which it is 111 SB 398 5
129	129	located. A charter school in a district described in this 112
130	130	subsection whose charter provides for the addition of grade 113
131	131	levels in subsequent years may continue to add levels until 114
132	132	the planned expansion is complete to the extent of grade 115
133	133	levels in comparable schools of the district in which the 116
134	134	charter school is operated. 117
135	135	5. The mayor of a city not within a county may request 118
136	136	a sponsor under subdivision (2), (3), (4), (5), or (6) of 119
137	137	subsection 3 of this section to consider sponsoring a 120
138	138	"workplace charter school", which is defined for purposes of 121
139	139	sections 160.400 to 160.425 as a charter school with the 122
140	140	ability to target prospective students whose parent or 123
141	141	parents are employed in a busine ss district, as defined in 124
142	142	the charter, which is located in the city. 125
143	143	6.] No sponsor shall receive from an applicant for a 126
144	144	charter school any fee of any type for the consideration of 127
145	145	a charter, nor may a sponsor condition its consideration of 128
146	146	a charter on the promise of future payment of any kind. 129
147	147	[7.] 5. The charter school shall be organized as a 130
148	148	Missouri nonprofit corporation incorporated pursuant to 131
149	149	chapter 355. The charter provided for herein shall 132
150	150	constitute a contract between the s ponsor and the charter 133
151	151	school. 134
152	152	[8.] 6. As a nonprofit corporation incorporated 135
153	153	pursuant to chapter 355, the charter school shall select the 136
154	154	method for election of officers pursuant to section 355.326 137
155	155	based on the class of corporation selected. Meetings of the 138
156	156	governing board of the charter school shall be subject to 139
157	157	the provisions of sections 610.010 to 610.030. 140
158	158	[9.] 7. A sponsor of a charter school, its agents and 141
159	159	employees are not liable for any acts or omissions of a 142
160	160	charter school that it sponsors, including acts or omissions 143 SB 398 6
161	161	relating to the charter submitted by the charter school, the 144
162	162	operation of the charter school and the performance of the 145
163	163	charter school. 146
164	164	[10.] 8. A charter school may affiliate with a four - 147
165	165	year college or university, including a private college or 148
166	166	university, or a community college as otherwise specified in 149
167	167	subsection 3 of this section when its charter is granted by 150
168	168	a sponsor other than such college, university or community 151
169	169	college. Affiliation status recognizes a relationship 152
170	170	between the charter school and the college or university for 153
171	171	purposes of teacher training and staff development, 154
172	172	curriculum and assessment development, use of physical 155
173	173	facilities owned by or rented on behalf of the college or 156
174	174	university, and other similar purposes. A university, 157
175	175	college or community college may not charge or accept a fee 158
176	176	for affiliation status. 159
177	177	[11.] 9. The expenses associated with sponsorship of 160
178	178	charter schools shall be defrayed by the department of 161
179	179	elementary and secondary education retaining one and five - 162
180	180	tenths percent of the amount of state and local funding 163
181	181	allocated to the charter school under section 160.415, not 164
182	182	to exceed one hundred twenty -five thousand dollars, adjusted 165
183	183	for inflation. The department of elementary and secondary 166
184	184	education shall remit the retained funds for each charter 167
185	185	school to the school's sponsor, provided the sponsor remains 168
186	186	in good standing by fulfilling its sponsorship obligations 169
187	187	under sections 160.400 to 16 0.425 and 167.349 with regard to 170
188	188	each charter school it sponsors, including appropriate 171
189	189	demonstration of the following: 172
190	190	(1) Expends no less than ninety percent of its charter 173
191	191	school sponsorship funds in support of its charter school 174 SB 398 7
192	192	sponsorship program, or as a direct investment in the 175
193	193	sponsored schools; 176
194	194	(2) Maintains a comprehensive application process that 177
195	195	follows fair procedures and rigorous criteria and grants 178
196	196	charters only to those developers who demonstrate strong 179
197	197	capacity for establishing and operating a quality charter 180
198	198	school; 181
199	199	(3) Negotiates contracts with charter schools that 182
200	200	clearly articulate the rights and responsibilities of each 183
201	201	party regarding school autonomy, expected outcomes, measures 184
202	202	for evaluating success or failure, performance consequences 185
203	203	based on the annual performance report, and other material 186
204	204	terms; 187
205	205	(4) Conducts contract oversight that evaluates 188
206	206	performance, monitors compliance, informs intervention and 189
207	207	renewal decisions, and ensures autonomy provided under 190
208	208	applicable law; and 191
209	209	(5) Designs and implements a transparent and rigorous 192
210	210	process that uses comprehensive data to make merit -based 193
211	211	renewal decisions. 194
212	212	[12.] 10. Sponsors receiving funds under subsection 195
213	213	[11] 9 of this section shall be required to submit annual 196
214	214	reports to the joint committee on education demonstrating 197
215	215	they are in compliance with subsection [17] 15 of this 198
216	216	section. 199
217	217	[13.] 11. No university, college or community college 200
218	218	shall grant a charter to a nonprofi t corporation if an 201
219	219	employee of the university, college or community college is 202
220	220	a member of the corporation's board of directors. 203
221	221	[14.] 12. No sponsor shall grant a charter under 204
222	222	sections 160.400 to 160.425 and 167.349 without ensuring 205
223	223	that a criminal background check and family care safety 206 SB 398 8
224	224	registry check are conducted for all members of the 207
225	225	governing board of the charter schools or the incorporators 208
226	226	of the charter school if initial directors are not named in 209
227	227	the articles of incorporation, nor shall a sponsor renew a 210
228	228	charter without ensuring a criminal background check and 211
229	229	family care safety registry check are conducted for each 212
230	230	member of the governing board of the charter school. 213
231	231	[15.] 13. No member of the governing board of a 214
232	232	charter school shall hold any office or employment from the 215
233	233	board or the charter school while serving as a member, nor 216
234	234	shall the member have any substantial interest, as defined 217
235	235	in section 105.450, in any entity employed by or contracting 218
236	236	with the board. No board member shall be an employee of a 219
237	237	company that provides substantial services to the charter 220
238	238	school. All members of the governing board of the charter 221
239	239	school shall be considered decision -making public servants 222
240	240	as defined in section 105.450 for th e purposes of the 223
241	241	financial disclosure requirements contained in sections 224
242	242	105.483, 105.485, 105.487, and 105.489. 225
243	243	[16.] 14. A sponsor shall develop the policies and 226
244	244	procedures for: 227
245	245	(1) The review of a charter school proposal including 228
246	246	an application that provides sufficient information for 229
247	247	rigorous evaluation of the proposed charter and provides 230
248	248	clear documentation that the education program and academic 231
249	249	program are aligned with the state standards and grade -level 232
250	250	expectations, and provi des clear documentation of effective 233
251	251	governance and management structures, and a sustainable 234
252	252	operational plan; 235
253	253	(2) The granting of a charter; 236
254	254	(3) The performance contract that the sponsor will use 237
255	255	to evaluate the performance of charter schoo ls. Charter 238 SB 398 9
256	256	schools shall meet current state academic performance 239
257	257	standards as well as other standards agreed upon by the 240
258	258	sponsor and the charter school in the performance contract; 241
259	259	(4) The sponsor's intervention, renewal, and 242
260	260	revocation policies, including the conditions under which 243
261	261	the charter sponsor may intervene in the operation of the 244
262	262	charter school, along with actions and consequences that may 245
263	263	ensue, and the conditions for renewal of the charter at the 246
264	264	end of the term, consistent with subsections 8 and 9 of 247
265	265	section 160.405; 248
266	266	(5) Additional criteria that the sponsor will use for 249
267	267	ongoing oversight of the charter; and 250
268	268	(6) Procedures to be implemented if a charter school 251
269	269	should close, consistent with the provisions of subdivis ion 252
270	270	(15) of subsection 1 of section 160.405. 253
271	271	The department shall provide guidance to sponsors in 254
272	272	developing such policies and procedures. 255
273	273	[17.] 15. (1) A sponsor shall provide timely 256
274	274	submission to the state board of education of all data 257
275	275	necessary to demonstrate that the sponsor is in material 258
276	276	compliance with all requirements of sections 160.400 to 259
277	277	160.425 and section 167.349. The state board of education 260
278	278	shall ensure each sponsor is in compliance with all 261
279	279	requirements under sections 160.40 0 to 160.425 and 167.349 262
280	280	for each charter school sponsored by any sponsor. The state 263
281	281	board shall notify each sponsor of the standards for 264
282	282	sponsorship of charter schools, delineating both what is 265
283	283	mandated by statute and what best practices dictate. The 266
284	284	state board shall evaluate sponsors to determine compliance 267
285	285	with these standards every three years. The evaluation 268
286	286	shall include a sponsor's policies and procedures in the 269 SB 398 10
287	287	areas of charter application approval; required charter 270
288	288	agreement terms and content; sponsor performance evaluation 271
289	289	and compliance monitoring; and charter renewal, 272
290	290	intervention, and revocation decisions. Nothing shall 273
291	291	preclude the department from undertaking an evaluation at 274
292	292	any time for cause. 275
293	293	(2) If the department det ermines that a sponsor is in 276
294	294	material noncompliance with its sponsorship duties, the 277
295	295	sponsor shall be notified and given reasonable time for 278
296	296	remediation. If remediation does not address the compliance 279
297	297	issues identified by the department, the commissio ner of 280
298	298	education shall conduct a public hearing and thereafter 281
299	299	provide notice to the charter sponsor of corrective action 282
300	300	that will be recommended to the state board of education. 283
301	301	Corrective action by the department may include withholding 284
302	302	the sponsor's funding and suspending the sponsor's authority 285
303	303	to sponsor a school that it currently sponsors or to sponsor 286
304	304	any additional school until the sponsor is reauthorized by 287
305	305	the state board of education under section 160.403. 288
306	306	(3) The charter sponsor may, within thirty days of 289
307	307	receipt of the notice of the commissioner's recommendation, 290
308	308	provide a written statement and other documentation to show 291
309	309	cause as to why that action should not be taken. Final 292
310	310	determination of corrective action shall be deter mined by 293
311	311	the state board of education based upon a review of the 294
312	312	documentation submitted to the department and the charter 295
313	313	sponsor. 296
314	314	(4) If the state board removes the authority to 297
315	315	sponsor a currently operating charter school under any 298
316	316	provision of law, the Missouri charter public school 299
317	317	commission shall become the sponsor of the school. 300 SB 398 11
318	318	[18.] 16. If a sponsor notifies a charter school of 301
319	319	closure under subsection 8 of section 160.405, the 302
320	320	department of elementary and secondary education s hall 303
321	321	exercise its financial withholding authority under 304
322	322	subsection 12 of section 160.415 to assure all obligations 305
323	323	of the charter school shall be met. The state, charter 306
324	324	sponsor, or resident district shall not be liable for any 307
325	325	outstanding liability or obligations of the charter school. 308
326	326	160.422. 1. Any city not within a county shall not 1
327	327	adopt, enforce, impose, or administer an ordinance, local 2
328	328	policy, or local resolution that prohibits property sold, 3
329	329	leased, or transferred by t he city not within a county from 4
330	330	being used for any lawful educational purpose by a charter 5
331	331	school. 6
332	332	2. Any city not within a county shall not impose, 7
333	333	enforce, or apply any deed restriction that expressly, or by 8
334	334	its operation, prohibits property s old, leased, or 9
335	335	transferred by the city not within a county from being used 10
336	336	for any lawful educational purpose by a charter school. Any 11
337	337	deed restriction or affirmative use deed restriction that 12
338	338	affirmatively allows for only one or more specified uses or 13
339	339	purposes that do not include any educational use or purpose 14
340	340	is prohibited under this section. Any deed restriction or 15
341	341	affirmative use deed restriction in effect on the effective 16
342	342	date of this section that prohibits or does not permit 17
343	343	property previously used for any educational purpose from 18
344	344	being used for any future educational purpose is void. 19
345	345	3. If any city not within a county offers property of 20
346	346	the city not within a county for sale, lease, or rent, the 21
347	347	city not within a county shall not refuse to sell, lease, or 22
348	348	rent the property to a charter school solely because the 23
349	349	charter school intends to use the property for an 24 SB 398 12
350	350	educational purpose, if the intent of the charter school is 25
351	351	to use the property for a lawful educational purpose. If 26
352	352	the city not within a county offers property of the city not 27
353	353	within a county for sale, lease, or rent, the city not 28
354	354	within a county is not required to sell, lease, or rent the 29
355	355	property to a charter school solely because the charter 30
356	356	school intends to us e the property for an educational 31
357	357	purpose. 32
358	358	4. Any ordinance, policy, regulation, deed, or 33
359	359	contract made in violation of this section shall be void 34
360	360	from its inception. 35
361	361	160.425. 1. The "Missouri Charter Public School 1
362	362	Commission" is hereby created with the authority to sponsor 2
363	363	high quality charter schools throughout the state of 3
364	364	Missouri. 4
365	365	2. The commission shall consist of nine members 5
366	366	appointed by the governor, by and with the advice and 6
367	367	consent of the senate. No more than five of the members 7
368	368	shall be of the same political party. No more than two 8
369	369	members shall be from the same congressional district. The 9
370	370	term of office of each member shall be four years, except 10
371	371	those of the members first appointed, of which three shall 11
372	372	be appointed for a term of one year, two for a term of two 12
373	373	years, two for a term of three years, and two for a term of 13
374	374	four years. At the expiration of the term of each member, 14
375	375	the governor, by and with the advice and consent of the 15
376	376	senate, shall appoint a successor. 16
377	377	3. The appointees to the commission shall be selected 17
378	378	as follows: 18
379	379	(1) One member selected by the governor from a slate 19
380	380	of three recommended by the commissioner of education; 20 SB 398 13
381	381	(2) One member selected by the govern or from a slate 21
382	382	of three recommended by the commissioner of higher education; 22
383	383	(3) One member selected by the governor from a slate 23
384	384	of three recommended by the president pro tempore of the 24
385	385	senate; 25
386	386	(4) One member selected by the governor from a slate 26
387	387	of three recommended by the speaker of the house of 27
388	388	representatives; and 28
389	389	(5) Five additional members appointed by the governor, 29
390	390	one of whom shall be selected from a slate of three nominees 30
391	391	recommended by the Missouri School Boards Associa tion. 31
392	392	4. Members appointed to the commission shall 32
393	393	collectively possess strong experience and expertise in 33
394	394	governance, management and finance, school leadership, 34
395	395	assessment, curriculum and instruction, and education law. 35
396	396	All members of the commi ssion shall have demonstrated 36
397	397	understanding of and commitment to charter schooling as a 37
398	398	strategy for strengthening public education. 38
399	399	5. The commission shall annually elect a chairperson 39
400	400	and vice chairperson, who shall act as chairperson in his or 40
401	401	her absence. The commission shall meet at the call of the 41
402	402	chairperson. The chairperson may call meetings at such 42
403	403	times as he or she deems advisable and shall call a meeting 43
404	404	when requested to do so by three or more members of the 44
405	405	commission. Members of the commission are not eligible to 45
406	406	receive compensation. 46
407	407	6. The commission may approve proposed charters for 47
408	408	its sponsorship under sections 160.400 to 160.425 and shall: 48
409	409	(1) Comply with all of the requirements applicable to 49
410	410	sponsors under sections 160.400 to 160.425; 50
411	411	(2) Exercise sponsorship over charters approved by the 51
412	412	commission under sections 160.400 to 160.425, including 52 SB 398 14
413	413	receipt of sponsorship funding under subsection [11] 9 of 53
414	414	section 160.400. Sponsorship funding due to th e commission 54
415	415	shall be deposited to the credit of the charter public 55
416	416	school commission revolving fund created pursuant to this 56
417	417	section. 57
418	418	7. Charter schools sponsored by the commission shall 58
419	419	comply with all of the requirements applicable to charter 59
420	420	schools under sections 160.400 to 160.425. 60
421	421	8. The commission shall conduct its business in 61
422	422	accordance with chapter 610. 62
423	423	9. The department of elementary and secondary 63
424	424	education shall provide start -up funding for the commission 64
425	425	to operate. The commission shall reimburse the department's 65
426	426	costs from any funds it receives as sponsor under section 66
427	427	160.400. 67
428	428	10. The commission is authorized to receive and expend 68
429	429	gifts, grants, and donations of any kind from any public or 69
430	430	private entity to carry out the purposes of sections 160.400 70
431	431	to 160.425, subject to the terms and conditions under which 71
432	432	they are given, provided that all such terms and conditions 72
433	433	are permissible under law. 73
434	434	11. There is hereby created in the state treasury the 74
435	435	"Charter Public School Commission Revolving Fund", which 75
436	436	shall consist of moneys collected under this section. The 76
437	437	state treasurer shall be custodian of the fund. In 77
438	438	accordance with sections 30.170 and 30.180, the state 78
439	439	treasurer may approve disbursem ents. Notwithstanding the 79
440	440	provisions of section 33.080 to the contrary, any moneys 80
441	441	remaining in the fund at the end of the biennium shall not 81
442	442	revert to the credit of the general revenue fund. The state 82
443	443	treasurer shall invest moneys in the fund in the same manner 83
444	444	as other funds are invested. Subject to appropriation, 84 SB 398 15
445	445	moneys in the fund shall be used solely for the 85
446	446	administration of this section. 86
447	447	