| 1 | 1 | | |
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| 2 | 2 | | FIRST REGULAR SESSION |
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| 3 | 3 | | SENATE BILL NO. 693 |
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| 4 | 4 | | 103RD GENERAL ASSEMBLY |
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| 5 | 5 | | INTRODUCED BY SENATOR MAY. |
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| 6 | 6 | | 2639S.01I KRISTINA MARTIN, Secretary |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | To repeal section 160.400, RSMo, and to enact in lieu thereof one new section relating to charter |
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| 9 | 9 | | schools in metropolitan school districts. |
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| 10 | 10 | | |
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| 11 | 11 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 12 | 12 | | Section A. Section 160.400, RSMo, is repealed and one new 1 |
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| 13 | 13 | | section enacted in lieu thereof, to be known as section 160.400, 2 |
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| 14 | 14 | | to read as follows:3 |
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| 15 | 15 | | 160.400. 1. A charter school is an independent public 1 |
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| 16 | 16 | | school. 2 |
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| 17 | 17 | | 2. Except as further provided in subsection 4 of this 3 |
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| 18 | 18 | | section, charter schools may be operated only: 4 |
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| 19 | 19 | | (1) In a metropolitan school district , provided that: 5 |
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| 20 | 20 | | (a) A charter school that was not established in a 6 |
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| 21 | 21 | | metropolitan school district prior to August 28, 2025, shall 7 |
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| 22 | 22 | | be ineligible to operate in a metropol itan school district 8 |
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| 23 | 23 | | on August 28, 2025, or on any day thereafter, 9 |
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| 24 | 24 | | notwithstanding any provision of this section to the 10 |
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| 25 | 25 | | contrary; and 11 |
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| 26 | 26 | | (b) The provisions of paragraph (a) of this 12 |
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| 27 | 27 | | subdivision shall not apply to: 13 |
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| 28 | 28 | | a. The renewal of an existing charter contract 14 |
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| 29 | 29 | | pursuant to the provisions of section 160.405; or 15 |
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| 30 | 30 | | b. The transfer of sponsorship of a charter school in 16 |
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| 31 | 31 | | accordance with rules promulgated by the state board of 17 |
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| 32 | 32 | | education; 18 SB 693 2 |
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| 33 | 33 | | (2) In an urban school district containing most or al l 19 |
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| 34 | 34 | | of a city with a population greater than three hundred fifty 20 |
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| 35 | 35 | | thousand inhabitants; 21 |
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| 36 | 36 | | (3) In a school district that has been classified as 22 |
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| 37 | 37 | | unaccredited by the state board of education; 23 |
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| 38 | 38 | | (4) In a school district that has been classified as 24 |
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| 39 | 39 | | provisionally accredited by the state board of education and 25 |
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| 40 | 40 | | has received scores on its annual performance report 26 |
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| 41 | 41 | | consistent with a classification of provisionally accredited 27 |
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| 42 | 42 | | or unaccredited for three consecutive school years beginning 28 |
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| 43 | 43 | | with the 2012-13 accreditation year under the following 29 |
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| 44 | 44 | | conditions: 30 |
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| 45 | 45 | | (a) The eligibility for charter schools of any school 31 |
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| 46 | 46 | | district whose provisional accreditation is based in whole 32 |
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| 47 | 47 | | or in part on financial stress as defined in sections 33 |
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| 48 | 48 | | 161.520 to 161.529, or on fina ncial hardship as defined by 34 |
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| 49 | 49 | | rule of the state board of education, shall be decided by a 35 |
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| 50 | 50 | | vote of the state board of education during the third 36 |
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| 51 | 51 | | consecutive school year after the designation of provisional 37 |
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| 52 | 52 | | accreditation; and 38 |
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| 53 | 53 | | (b) The sponsor is limited to the local school board 39 |
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| 54 | 54 | | or a sponsor who has met the standards of accountability and 40 |
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| 55 | 55 | | performance as determined by the department based on 41 |
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| 56 | 56 | | sections 160.400 to 160.425 and section 167.349 and properly 42 |
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| 57 | 57 | | promulgated rules of the department; 43 |
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| 58 | 58 | | (5) In a school district located within a county with 44 |
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| 59 | 59 | | more than one hundred fifty thousand but fewer than two 45 |
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| 60 | 60 | | hundred thousand inhabitants, provided that the provisions 46 |
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| 61 | 61 | | of subsections 15 to 18 of section 160.415 shall not apply 47 |
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| 62 | 62 | | to any charter school operat ed in such county; or 48 |
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| 63 | 63 | | (6) In a school district that has been accredited 49 |
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| 64 | 64 | | without provisions, sponsored only by the local school 50 SB 693 3 |
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| 65 | 65 | | board; provided that no board with a current year enrollment 51 |
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| 66 | 66 | | of one thousand five hundred fifty students or greater shal l 52 |
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| 67 | 67 | | permit more than thirty -five percent of its student 53 |
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| 68 | 68 | | enrollment to enroll in charter schools sponsored by the 54 |
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| 69 | 69 | | local board under the authority of this subdivision, except 55 |
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| 70 | 70 | | that this restriction shall not apply to any school district 56 |
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| 71 | 71 | | that subsequently becomes eligible under subdivision (3) or 57 |
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| 72 | 72 | | (4) of this subsection or to any district accredited without 58 |
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| 73 | 73 | | provisions that sponsors charter schools prior to having a 59 |
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| 74 | 74 | | current year student enrollment of one thousand five hundred 60 |
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| 75 | 75 | | fifty students or greater. 61 |
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| 76 | 76 | | 3. Except as further provided in subsection 4 of this 62 |
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| 77 | 77 | | section, the following entities are eligible to sponsor 63 |
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| 78 | 78 | | charter schools: 64 |
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| 79 | 79 | | (1) The school board of the district in any district 65 |
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| 80 | 80 | | which is sponsoring a charter school as of August 27, 2012, 66 |
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| 81 | 81 | | as permitted under subdivision (1) or (2) of subsection 2 of 67 |
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| 82 | 82 | | this section, the special administrative board of a 68 |
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| 83 | 83 | | metropolitan school district during any time in which powers 69 |
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| 84 | 84 | | granted to the district's board of education are vested in a 70 |
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| 85 | 85 | | special administrati ve board, or if the state board of 71 |
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| 86 | 86 | | education appoints a special administrative board to retain 72 |
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| 87 | 87 | | the authority granted to the board of education of an urban 73 |
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| 88 | 88 | | school district containing most or all of a city with a 74 |
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| 89 | 89 | | population greater than three hundred fif ty thousand 75 |
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| 90 | 90 | | inhabitants, the special administrative board of such school 76 |
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| 91 | 91 | | district; 77 |
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| 92 | 92 | | (2) A public four-year college or university with an 78 |
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| 93 | 93 | | approved teacher education program that meets regional or 79 |
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| 94 | 94 | | national standards of accreditation; 80 |
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| 95 | 95 | | (3) A community college, the service area of which 81 |
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| 96 | 96 | | encompasses some portion of the district; 82 SB 693 4 |
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| 97 | 97 | | (4) Any private four-year college or university with 83 |
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| 98 | 98 | | an enrollment of at least one thousand students, with its 84 |
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| 99 | 99 | | primary campus in Missouri, and with an approved tea cher 85 |
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| 100 | 100 | | preparation program; 86 |
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| 101 | 101 | | (5) Any two-year private vocational or technical 87 |
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| 102 | 102 | | school designated as a 501(c)(3) nonprofit organization 88 |
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| 103 | 103 | | under the Internal Revenue Code of 1986, as amended, and 89 |
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| 104 | 104 | | accredited by the Higher Learning Commission, with its 90 |
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| 105 | 105 | | primary campus in Missouri; 91 |
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| 106 | 106 | | (6) The Missouri charter public school commission 92 |
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| 107 | 107 | | created in section 160.425. 93 |
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| 108 | 108 | | 4. Changes in a school district's accreditation status 94 |
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| 109 | 109 | | that affect charter schools shall be addressed as follows, 95 |
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| 110 | 110 | | except for the district s described in subdivisions (1) and 96 |
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| 111 | 111 | | (2) of subsection 2 of this section: 97 |
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| 112 | 112 | | (1) As a district transitions from unaccredited to 98 |
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| 113 | 113 | | provisionally accredited, the district shall continue to 99 |
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| 114 | 114 | | fall under the requirements for an unaccredited district 100 |
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| 115 | 115 | | until it achieves three consecutive full school years of 101 |
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| 116 | 116 | | provisional accreditation; 102 |
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| 117 | 117 | | (2) As a district transitions from provisionally 103 |
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| 118 | 118 | | accredited to full accreditation, the district shall 104 |
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| 119 | 119 | | continue to fall under the requirements for a provisionally 105 |
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| 120 | 120 | | accredited district until it achieves three consecutive full 106 |
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| 121 | 121 | | school years of full accreditation; 107 |
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| 122 | 122 | | (3) In any school district classified as unaccredited 108 |
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| 123 | 123 | | or provisionally accredited where a charter school is 109 |
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| 124 | 124 | | operating and is sponsored by an entity other than the local 110 |
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| 125 | 125 | | school board, when the school district becomes classified as 111 |
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| 126 | 126 | | accredited without provisions, a charter school may continue 112 |
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| 127 | 127 | | to be sponsored by the entity sponsoring it prior to the 113 SB 693 5 |
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| 128 | 128 | | classification of accredited without provisions and shall 114 |
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| 129 | 129 | | not be limited to the local school board as a sponsor. 115 |
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| 130 | 130 | | A charter school operating in a school district identified 116 |
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| 131 | 131 | | in subdivision (1), (2), or (5) of subsection 2 of this 117 |
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| 132 | 132 | | section may be sponsored by any of the entities identified 118 |
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| 133 | 133 | | in subsection 3 of this sec tion, irrespective of the 119 |
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| 134 | 134 | | accreditation classification of the district in which it is 120 |
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| 135 | 135 | | located. A charter school in a district described in this 121 |
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| 136 | 136 | | subsection whose charter provides for the addition of grade 122 |
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| 137 | 137 | | levels in subsequent years may continue to add levels until 123 |
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| 138 | 138 | | the planned expansion is complete to the extent of grade 124 |
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| 139 | 139 | | levels in comparable schools of the district in which the 125 |
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| 140 | 140 | | charter school is operated. 126 |
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| 141 | 141 | | 5. The mayor of a city not within a county may request 127 |
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| 142 | 142 | | a sponsor under subdivision (2), (3 ), (4), (5), or (6) of 128 |
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| 143 | 143 | | subsection 3 of this section to consider sponsoring a 129 |
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| 144 | 144 | | "workplace charter school", which is defined for purposes of 130 |
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| 145 | 145 | | sections 160.400 to 160.425 as a charter school with the 131 |
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| 146 | 146 | | ability to target prospective students whose parent or 132 |
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| 147 | 147 | | parents are employed in a business district, as defined in 133 |
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| 148 | 148 | | the charter, which is located in the city. 134 |
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| 149 | 149 | | 6. No sponsor shall receive from an applicant for a 135 |
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| 150 | 150 | | charter school any fee of any type for the consideration of 136 |
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| 151 | 151 | | a charter, nor may a sponsor condi tion its consideration of 137 |
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| 152 | 152 | | a charter on the promise of future payment of any kind. 138 |
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| 153 | 153 | | 7. The charter school shall be organized as a Missouri 139 |
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| 154 | 154 | | nonprofit corporation incorporated pursuant to chapter 355. 140 |
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| 155 | 155 | | The charter provided for herein shall constitute a contract 141 |
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| 156 | 156 | | between the sponsor and the charter school. 142 |
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| 157 | 157 | | 8. As a nonprofit corporation incorporated pursuant to 143 |
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| 158 | 158 | | chapter 355, the charter school shall select the method for 144 SB 693 6 |
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| 159 | 159 | | election of officers pursuant to section 355.326 based on 145 |
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| 160 | 160 | | the class of corporation selected. Meetings of the 146 |
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| 161 | 161 | | governing board of the charter school shall be subject to 147 |
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| 162 | 162 | | the provisions of sections 610.010 to 610.030. 148 |
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| 163 | 163 | | 9. A sponsor of a charter school, its agents and 149 |
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| 164 | 164 | | employees are not liable for any acts or omissions of a 150 |
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| 165 | 165 | | charter school that it sponsors, including acts or omissions 151 |
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| 166 | 166 | | relating to the charter submitted by the charter school, the 152 |
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| 167 | 167 | | operation of the charter school and the performance of the 153 |
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| 168 | 168 | | charter school. 154 |
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| 169 | 169 | | 10. A charter school may affiliate with a four -year 155 |
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| 170 | 170 | | college or university, including a private college or 156 |
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| 171 | 171 | | university, or a community college as otherwise specified in 157 |
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| 172 | 172 | | subsection 3 of this section when its charter is granted by 158 |
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| 173 | 173 | | a sponsor other than such college, university or community 159 |
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| 174 | 174 | | college. Affiliation status recognizes a relationship 160 |
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| 175 | 175 | | between the charter school and the college or university for 161 |
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| 176 | 176 | | purposes of teacher training and staff development, 162 |
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| 177 | 177 | | curriculum and assessment development, use of physical 163 |
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| 178 | 178 | | facilities owned by or rented on behalf of the college or 164 |
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| 179 | 179 | | university, and other similar purposes. A university, 165 |
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| 180 | 180 | | college or community college may not charge or accept a fee 166 |
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| 181 | 181 | | for affiliation status. 167 |
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| 182 | 182 | | 11. The expenses associated with sponsorship of 168 |
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| 183 | 183 | | charter schools shall be defrayed by the depart ment of 169 |
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| 184 | 184 | | elementary and secondary education retaining one and five - 170 |
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| 185 | 185 | | tenths percent of the amount of state and local funding 171 |
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| 186 | 186 | | allocated to the charter school under section 160.415, not 172 |
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| 187 | 187 | | to exceed one hundred twenty -five thousand dollars, adjusted 173 |
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| 188 | 188 | | for inflation. The department of elementary and secondary 174 |
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| 189 | 189 | | education shall remit the retained funds for each charter 175 |
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| 190 | 190 | | school to the school's sponsor, provided the sponsor remains 176 SB 693 7 |
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| 191 | 191 | | in good standing by fulfilling its sponsorship obligations 177 |
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| 192 | 192 | | under sections 160.400 t o 160.425 and 167.349 with regard to 178 |
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| 193 | 193 | | each charter school it sponsors, including appropriate 179 |
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| 194 | 194 | | demonstration of the following: 180 |
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| 195 | 195 | | (1) Expends no less than ninety percent of its charter 181 |
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| 196 | 196 | | school sponsorship funds in support of its charter school 182 |
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| 197 | 197 | | sponsorship program, or as a direct investment in the 183 |
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| 198 | 198 | | sponsored schools; 184 |
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| 199 | 199 | | (2) Maintains a comprehensive application process that 185 |
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| 200 | 200 | | follows fair procedures and rigorous criteria and grants 186 |
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| 201 | 201 | | charters only to those developers who demonstrate strong 187 |
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| 202 | 202 | | capacity for establishing and operating a quality charter 188 |
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| 203 | 203 | | school; 189 |
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| 204 | 204 | | (3) Negotiates contracts with charter schools that 190 |
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| 205 | 205 | | clearly articulate the rights and responsibilities of each 191 |
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| 206 | 206 | | party regarding school autonomy, expected outcomes, measures 192 |
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| 207 | 207 | | for evaluating success or failure, performance consequences 193 |
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| 208 | 208 | | based on the annual performance report, and other material 194 |
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| 209 | 209 | | terms; 195 |
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| 210 | 210 | | (4) Conducts contract oversight that evaluates 196 |
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| 211 | 211 | | performance, monitors compliance, informs intervention and 197 |
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| 212 | 212 | | renewal decisions, and ensures auton omy provided under 198 |
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| 213 | 213 | | applicable law; and 199 |
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| 214 | 214 | | (5) Designs and implements a transparent and rigorous 200 |
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| 215 | 215 | | process that uses comprehensive data to make merit -based 201 |
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| 216 | 216 | | renewal decisions. 202 |
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| 217 | 217 | | 12. Sponsors receiving funds under subsection 11 of 203 |
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| 218 | 218 | | this section shall be required to submit annual reports to 204 |
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| 219 | 219 | | the joint committee on education demonstrating they are in 205 |
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| 220 | 220 | | compliance with subsection 17 of this section. 206 |
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| 221 | 221 | | 13. No university, college or community college shall 207 |
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| 222 | 222 | | grant a charter to a nonprofit corporation if a n employee of 208 SB 693 8 |
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| 223 | 223 | | the university, college or community college is a member of 209 |
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| 224 | 224 | | the corporation's board of directors. 210 |
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| 225 | 225 | | 14. No sponsor shall grant a charter under sections 211 |
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| 226 | 226 | | 160.400 to 160.425 and 167.349 without ensuring that a 212 |
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| 227 | 227 | | criminal background check a nd family care safety registry 213 |
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| 228 | 228 | | check are conducted for all members of the governing board 214 |
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| 229 | 229 | | of the charter schools or the incorporators of the charter 215 |
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| 230 | 230 | | school if initial directors are not named in the articles of 216 |
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| 231 | 231 | | incorporation, nor shall a sponsor renew a charter without 217 |
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| 232 | 232 | | ensuring a criminal background check and family care safety 218 |
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| 233 | 233 | | registry check are conducted for each member of the 219 |
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| 234 | 234 | | governing board of the charter school. 220 |
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| 235 | 235 | | 15. No member of the governing board of a charter 221 |
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| 236 | 236 | | school shall hold any office or employment from the board or 222 |
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| 237 | 237 | | the charter school while serving as a member, nor shall the 223 |
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| 238 | 238 | | member have any substantial interest, as defined in section 224 |
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| 239 | 239 | | 105.450, in any entity employed by or contracting with the 225 |
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| 240 | 240 | | board. No board member shall be an empl oyee of a company 226 |
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| 241 | 241 | | that provides substantial services to the charter school. 227 |
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| 242 | 242 | | All members of the governing board of the charter school 228 |
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| 243 | 243 | | shall be considered decision -making public servants as 229 |
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| 244 | 244 | | defined in section 105.450 for the purposes of the financial 230 |
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| 245 | 245 | | disclosure requirements contained in sections 105.483, 231 |
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| 246 | 246 | | 105.485, 105.487, and 105.489. 232 |
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| 247 | 247 | | 16. A sponsor shall develop the policies and 233 |
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| 248 | 248 | | procedures for: 234 |
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| 249 | 249 | | (1) The review of a charter school proposal including 235 |
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| 250 | 250 | | an application that provides sufficient i nformation for 236 |
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| 251 | 251 | | rigorous evaluation of the proposed charter and provides 237 |
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| 252 | 252 | | clear documentation that the education program and academic 238 |
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| 253 | 253 | | program are aligned with the state standards and grade -level 239 |
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| 254 | 254 | | expectations, and provides clear documentation of effective 240 SB 693 9 |
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| 255 | 255 | | governance and management structures, and a sustainable 241 |
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| 256 | 256 | | operational plan; 242 |
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| 257 | 257 | | (2) The granting of a charter; 243 |
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| 258 | 258 | | (3) The performance contract that the sponsor will use 244 |
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| 259 | 259 | | to evaluate the performance of charter schools. Charter 245 |
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| 260 | 260 | | schools shall meet cur rent state academic performance 246 |
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| 261 | 261 | | standards as well as other standards agreed upon by the 247 |
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| 262 | 262 | | sponsor and the charter school in the performance contract; 248 |
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| 263 | 263 | | (4) The sponsor's intervention, renewal, and 249 |
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| 264 | 264 | | revocation policies, including the conditions under wh ich 250 |
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| 265 | 265 | | the charter sponsor may intervene in the operation of the 251 |
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| 266 | 266 | | charter school, along with actions and consequences that may 252 |
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| 267 | 267 | | ensue, and the conditions for renewal of the charter at the 253 |
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| 268 | 268 | | end of the term, consistent with subsections 8 and 9 of 254 |
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| 269 | 269 | | section 160.405; 255 |
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| 270 | 270 | | (5) Additional criteria that the sponsor will use for 256 |
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| 271 | 271 | | ongoing oversight of the charter; and 257 |
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| 272 | 272 | | (6) Procedures to be implemented if a charter school 258 |
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| 273 | 273 | | should close, consistent with the provisions of subdivision 259 |
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| 274 | 274 | | (15) of subsection 1 of section 160.405. 260 |
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| 275 | 275 | | The department shall provide guidance to sponsors in 261 |
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| 276 | 276 | | developing such policies and procedures. 262 |
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| 277 | 277 | | 17. (1) A sponsor shall provide timely submission to 263 |
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| 278 | 278 | | the state board of education of all data necessary to 264 |
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| 279 | 279 | | demonstrate that the sponsor is in material compliance with 265 |
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| 280 | 280 | | all requirements of sections 160.400 to 160.425 and section 266 |
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| 281 | 281 | | 167.349. The state board of education shall ensure each 267 |
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| 282 | 282 | | sponsor is in compliance with all requirements under 268 |
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| 283 | 283 | | sections 160.400 to 160.425 and 167.349 for each charter 269 |
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| 284 | 284 | | school sponsored by any sponsor. The state board shall 270 |
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| 285 | 285 | | notify each sponsor of the standards for sponsorship of 271 SB 693 10 |
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| 286 | 286 | | charter schools, delineating both what is mandated by 272 |
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| 287 | 287 | | statute and what best practices dictate. The state board 273 |
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| 288 | 288 | | shall evaluate sponsors to determine compliance with these 274 |
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| 289 | 289 | | standards every three years. The evaluation shall include a 275 |
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| 290 | 290 | | sponsor's policies and procedures in the areas of charter 276 |
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| 291 | 291 | | application approval; required charter agreement terms and 277 |
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| 292 | 292 | | content; sponsor performance evaluation an d compliance 278 |
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| 293 | 293 | | monitoring; and charter renewal, intervention, and 279 |
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| 294 | 294 | | revocation decisions. Nothing shall preclude the department 280 |
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| 295 | 295 | | from undertaking an evaluation at any time for cause. 281 |
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| 296 | 296 | | (2) If the department determines that a sponsor is in 282 |
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| 297 | 297 | | material noncompliance with its sponsorship duties, the 283 |
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| 298 | 298 | | sponsor shall be notified and given reasonable time for 284 |
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| 299 | 299 | | remediation. If remediation does not address the compliance 285 |
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| 300 | 300 | | issues identified by the department, the commissioner of 286 |
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| 301 | 301 | | education shall conduct a public he aring and thereafter 287 |
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| 302 | 302 | | provide notice to the charter sponsor of corrective action 288 |
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| 303 | 303 | | that will be recommended to the state board of education. 289 |
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| 304 | 304 | | Corrective action by the department may include withholding 290 |
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| 305 | 305 | | the sponsor's funding and suspending the sponsor's au thority 291 |
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| 306 | 306 | | to sponsor a school that it currently sponsors or to sponsor 292 |
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| 307 | 307 | | any additional school until the sponsor is reauthorized by 293 |
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| 308 | 308 | | the state board of education under section 160.403. 294 |
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| 309 | 309 | | (3) The charter sponsor may, within thirty days of 295 |
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| 310 | 310 | | receipt of the notice of the commissioner's recommendation, 296 |
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| 311 | 311 | | provide a written statement and other documentation to show 297 |
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| 312 | 312 | | cause as to why that action should not be taken. Final 298 |
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| 313 | 313 | | determination of corrective action shall be determined by 299 |
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| 314 | 314 | | the state board of education base d upon a review of the 300 |
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| 315 | 315 | | documentation submitted to the department and the charter 301 |
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| 316 | 316 | | sponsor. 302 SB 693 11 |
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| 317 | 317 | | (4) If the state board removes the authority to 303 |
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| 318 | 318 | | sponsor a currently operating charter school under any 304 |
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| 319 | 319 | | provision of law, the Missouri charter public school 305 |
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| 320 | 320 | | commission shall become the sponsor of the school. 306 |
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| 321 | 321 | | 18. If a sponsor notifies a charter school of closure 307 |
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| 322 | 322 | | under subsection 8 of section 160.405, the department of 308 |
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| 323 | 323 | | elementary and secondary education shall exercise its 309 |
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| 324 | 324 | | financial withholding authorit y under subsection 12 of 310 |
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| 325 | 325 | | section 160.415 to assure all obligations of the charter 311 |
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| 326 | 326 | | school shall be met. The state, charter sponsor, or 312 |
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| 327 | 327 | | resident district shall not be liable for any outstanding 313 |
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| 328 | 328 | | liability or obligations of the charter school. 314 |
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| 329 | 329 | | |
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