| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 88 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR WEBBER. |
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| 8 | 8 | | 0772S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal sections 160.400 and 160.415, RSMo, and to enact in lieu thereof two new sections |
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| 11 | 11 | | relating to charter schools. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Sections 160.400 and 160.415, RSMo, are 1 |
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| 15 | 15 | | repealed and two new sections enacted in lieu thereof, to be 2 |
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| 16 | 16 | | known as sections 160.400 and 160.415, to read as follows:3 |
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| 17 | 17 | | 160.400. 1. A charter school is an independent public 1 |
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| 18 | 18 | | school. 2 |
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| 19 | 19 | | 2. Except as further provided in subsection 4 of this 3 |
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| 20 | 20 | | section, charter schools may be operated only: 4 |
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| 21 | 21 | | (1) In a metropolitan school district; 5 |
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| 22 | 22 | | (2) In an urban school distric t containing most or all 6 |
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| 23 | 23 | | of a city with a population greater than three hundred fifty 7 |
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| 24 | 24 | | thousand inhabitants; 8 |
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| 25 | 25 | | (3) In a school district that has been classified as 9 |
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| 26 | 26 | | unaccredited by the state board of education; 10 |
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| 27 | 27 | | (4) In a school district that has been classified as 11 |
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| 28 | 28 | | provisionally accredited by the state board of education and 12 |
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| 29 | 29 | | has received scores on its annual performance report 13 |
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| 30 | 30 | | consistent with a classification of provisionally accredited 14 |
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| 31 | 31 | | or unaccredited for three consecutive school years beginni ng 15 |
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| 32 | 32 | | with the 2012-13 accreditation year under the following 16 |
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| 33 | 33 | | conditions: 17 SB 88 2 |
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| 34 | 34 | | (a) The eligibility for charter schools of any school 18 |
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| 35 | 35 | | district whose provisional accreditation is based in whole 19 |
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| 36 | 36 | | or in part on financial stress as defined in sections 20 |
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| 37 | 37 | | 161.520 to 161.529, or on financial hardship as defined by 21 |
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| 38 | 38 | | rule of the state board of education, shall be decided by a 22 |
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| 39 | 39 | | vote of the state board of education during the third 23 |
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| 40 | 40 | | consecutive school year after the designation of provisional 24 |
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| 41 | 41 | | accreditation; and 25 |
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| 42 | 42 | | (b) The sponsor is limited to the local school board 26 |
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| 43 | 43 | | or a sponsor who has met the standards of accountability and 27 |
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| 44 | 44 | | performance as determined by the department based on 28 |
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| 45 | 45 | | sections 160.400 to 160.425 and section 167.349 and properly 29 |
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| 46 | 46 | | promulgated rules of the department; or 30 |
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| 47 | 47 | | (5) [In a school district located within a county with 31 |
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| 48 | 48 | | more than one hundred fifty thousand but fewer than two 32 |
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| 49 | 49 | | hundred thousand inhabitants, provided that the provisions 33 |
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| 50 | 50 | | of subsections 15 to 18 of section 160.415 shall not apply 34 |
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| 51 | 51 | | to any charter school operated in such county; or 35 |
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| 52 | 52 | | (6)] In a school district that has been accredited 36 |
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| 53 | 53 | | without provisions, sponsored only by the local school 37 |
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| 54 | 54 | | board; provided that no board with a current year enrollment 38 |
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| 55 | 55 | | of one thousand five hundred fi fty students or greater shall 39 |
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| 56 | 56 | | permit more than thirty -five percent of its student 40 |
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| 57 | 57 | | enrollment to enroll in charter schools sponsored by the 41 |
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| 58 | 58 | | local board under the authority of this subdivision, except 42 |
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| 59 | 59 | | that this restriction shall not apply to any school d istrict 43 |
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| 60 | 60 | | that subsequently becomes eligible under subdivision (3) or 44 |
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| 61 | 61 | | (4) of this subsection or to any district accredited without 45 |
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| 62 | 62 | | provisions that sponsors charter schools prior to having a 46 |
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| 63 | 63 | | current year student enrollment of one thousand five hundred 47 |
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| 64 | 64 | | fifty students or greater. 48 SB 88 3 |
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| 65 | 65 | | 3. Except as further provided in subsection 4 of this 49 |
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| 66 | 66 | | section, the following entities are eligible to sponsor 50 |
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| 67 | 67 | | charter schools: 51 |
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| 68 | 68 | | (1) The school board of the district in any district 52 |
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| 69 | 69 | | which is sponsoring a charter school as of August 27, 2012, 53 |
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| 70 | 70 | | as permitted under subdivision (1) or (2) of subsection 2 of 54 |
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| 71 | 71 | | this section, the special administrative board of a 55 |
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| 72 | 72 | | metropolitan school district during any time in which powers 56 |
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| 73 | 73 | | granted to the district's board of education are veste d in a 57 |
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| 74 | 74 | | special administrative board, or if the state board of 58 |
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| 75 | 75 | | education appoints a special administrative board to retain 59 |
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| 76 | 76 | | the authority granted to the board of education of an urban 60 |
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| 77 | 77 | | school district containing most or all of a city with a 61 |
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| 78 | 78 | | population greater than three hundred fifty thousand 62 |
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| 79 | 79 | | inhabitants, the special administrative board of such school 63 |
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| 80 | 80 | | district; 64 |
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| 81 | 81 | | (2) A public four-year college or university with an 65 |
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| 82 | 82 | | approved teacher education program that meets regional or 66 |
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| 83 | 83 | | national standards of ac creditation; 67 |
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| 84 | 84 | | (3) A community college, the service area of which 68 |
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| 85 | 85 | | encompasses some portion of the district; 69 |
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| 86 | 86 | | (4) Any private four-year college or university with 70 |
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| 87 | 87 | | an enrollment of at least one thousand students, with its 71 |
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| 88 | 88 | | primary campus in Missou ri, and with an approved teacher 72 |
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| 89 | 89 | | preparation program; 73 |
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| 90 | 90 | | (5) Any two-year private vocational or technical 74 |
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| 91 | 91 | | school designated as a 501(c)(3) nonprofit organization 75 |
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| 92 | 92 | | under the Internal Revenue Code of 1986, as amended, and 76 |
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| 93 | 93 | | accredited by the Higher Learn ing Commission, with its 77 |
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| 94 | 94 | | primary campus in Missouri; 78 |
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| 95 | 95 | | (6) The Missouri charter public school commission 79 |
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| 96 | 96 | | created in section 160.425. 80 SB 88 4 |
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| 97 | 97 | | 4. Changes in a school district's accreditation status 81 |
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| 98 | 98 | | that affect charter schools shall be addressed as follo ws, 82 |
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| 99 | 99 | | except for the districts described in subdivisions (1) and 83 |
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| 100 | 100 | | (2) of subsection 2 of this section: 84 |
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| 101 | 101 | | (1) As a district transitions from unaccredited to 85 |
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| 102 | 102 | | provisionally accredited, the district shall continue to 86 |
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| 103 | 103 | | fall under the requirements for an una ccredited district 87 |
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| 104 | 104 | | until it achieves three consecutive full school years of 88 |
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| 105 | 105 | | provisional accreditation; 89 |
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| 106 | 106 | | (2) As a district transitions from provisionally 90 |
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| 107 | 107 | | accredited to full accreditation, the district shall 91 |
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| 108 | 108 | | continue to fall under the requirements f or a provisionally 92 |
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| 109 | 109 | | accredited district until it achieves three consecutive full 93 |
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| 110 | 110 | | school years of full accreditation; 94 |
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| 111 | 111 | | (3) In any school district classified as unaccredited 95 |
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| 112 | 112 | | or provisionally accredited where a charter school is 96 |
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| 113 | 113 | | operating and is spons ored by an entity other than the local 97 |
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| 114 | 114 | | school board, when the school district becomes classified as 98 |
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| 115 | 115 | | accredited without provisions, a charter school may continue 99 |
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| 116 | 116 | | to be sponsored by the entity sponsoring it prior to the 100 |
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| 117 | 117 | | classification of accredited witho ut provisions and shall 101 |
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| 118 | 118 | | not be limited to the local school board as a sponsor. 102 |
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| 119 | 119 | | A charter school operating in a school district identified 103 |
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| 120 | 120 | | in subdivision (1)[, (2), or (5)] or (2) of subsection 2 of 104 |
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| 121 | 121 | | this section may be sponsored by any of the entities 105 |
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| 122 | 122 | | identified in subsection 3 of this section, irrespective of 106 |
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| 123 | 123 | | the accreditation classification of the district in which it 107 |
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| 124 | 124 | | is located. A charter school in a district described in 108 |
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| 125 | 125 | | this subsection whose charter provides for the addition of 109 |
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| 126 | 126 | | grade levels in subsequent years may continue to add levels 110 |
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| 127 | 127 | | until the planned expansion is complete to the extent of 111 SB 88 5 |
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| 128 | 128 | | grade levels in comparable schools of the district in which 112 |
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| 129 | 129 | | the charter school is operated. 113 |
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| 130 | 130 | | 5. The mayor of a city not within a county may request 114 |
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| 131 | 131 | | a sponsor under subdivision (2), (3), (4), (5), or (6) of 115 |
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| 132 | 132 | | subsection 3 of this section to consider sponsoring a 116 |
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| 133 | 133 | | "workplace charter school", which is defined for purposes of 117 |
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| 134 | 134 | | sections 160.400 to 160.425 as a charter school with the 118 |
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| 135 | 135 | | ability to target pr ospective students whose parent or 119 |
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| 136 | 136 | | parents are employed in a business district, as defined in 120 |
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| 137 | 137 | | the charter, which is located in the city. 121 |
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| 138 | 138 | | 6. No sponsor shall receive from an applicant for a 122 |
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| 139 | 139 | | charter school any fee of any type for the consideration o f 123 |
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| 140 | 140 | | a charter, nor may a sponsor condition its consideration of 124 |
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| 141 | 141 | | a charter on the promise of future payment of any kind. 125 |
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| 142 | 142 | | 7. The charter school shall be organized as a Missouri 126 |
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| 143 | 143 | | nonprofit corporation incorporated pursuant to chapter 355. 127 |
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| 144 | 144 | | The charter provided for herein shall constitute a contract 128 |
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| 145 | 145 | | between the sponsor and the charter school. 129 |
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| 146 | 146 | | 8. As a nonprofit corporation incorporated pursuant to 130 |
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| 147 | 147 | | chapter 355, the charter school shall select the method for 131 |
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| 148 | 148 | | election of officers pursuant to section 355.326 based on 132 |
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| 149 | 149 | | the class of corporation selected. Meetings of the 133 |
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| 150 | 150 | | governing board of the charter school shall be subject to 134 |
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| 151 | 151 | | the provisions of sections 610.010 to 610.030. 135 |
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| 152 | 152 | | 9. A sponsor of a charter school, its agents and 136 |
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| 153 | 153 | | employees are not liab le for any acts or omissions of a 137 |
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| 154 | 154 | | charter school that it sponsors, including acts or omissions 138 |
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| 155 | 155 | | relating to the charter submitted by the charter school, the 139 |
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| 156 | 156 | | operation of the charter school and the performance of the 140 |
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| 157 | 157 | | charter school. 141 |
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| 158 | 158 | | 10. A charter school may affiliate with a four -year 142 |
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| 159 | 159 | | college or university, including a private college or 143 SB 88 6 |
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| 160 | 160 | | university, or a community college as otherwise specified in 144 |
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| 161 | 161 | | subsection 3 of this section when its charter is granted by 145 |
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| 162 | 162 | | a sponsor other than such college, unive rsity or community 146 |
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| 163 | 163 | | college. Affiliation status recognizes a relationship 147 |
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| 164 | 164 | | between the charter school and the college or university for 148 |
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| 165 | 165 | | purposes of teacher training and staff development, 149 |
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| 166 | 166 | | curriculum and assessment development, use of physical 150 |
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| 167 | 167 | | facilities owned by or rented on behalf of the college or 151 |
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| 168 | 168 | | university, and other similar purposes. A university, 152 |
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| 169 | 169 | | college or community college may not charge or accept a fee 153 |
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| 170 | 170 | | for affiliation status. 154 |
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| 171 | 171 | | 11. The expenses associated with sponsorship of 155 |
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| 172 | 172 | | charter schools shall be defrayed by the department of 156 |
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| 173 | 173 | | elementary and secondary education retaining one and five - 157 |
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| 174 | 174 | | tenths percent of the amount of state and local funding 158 |
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| 175 | 175 | | allocated to the charter school under section 160.415, not 159 |
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| 176 | 176 | | to exceed one hundred twenty -five thousand dollars, adjusted 160 |
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| 177 | 177 | | for inflation. The department of elementary and secondary 161 |
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| 178 | 178 | | education shall remit the retained funds for each charter 162 |
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| 179 | 179 | | school to the school's sponsor, provided the sponsor remains 163 |
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| 180 | 180 | | in good standing by fulfilling its sponsorship obligations 164 |
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| 181 | 181 | | under sections 160.400 to 160.425 and 167.349 with regard to 165 |
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| 182 | 182 | | each charter school it sponsors, including appropriate 166 |
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| 183 | 183 | | demonstration of the following: 167 |
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| 184 | 184 | | (1) Expends no less than ninety percent of its charter 168 |
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| 185 | 185 | | school sponsorship funds in sup port of its charter school 169 |
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| 186 | 186 | | sponsorship program, or as a direct investment in the 170 |
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| 187 | 187 | | sponsored schools; 171 |
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| 188 | 188 | | (2) Maintains a comprehensive application process that 172 |
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| 189 | 189 | | follows fair procedures and rigorous criteria and grants 173 |
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| 190 | 190 | | charters only to those developers who demonstrate strong 174 SB 88 7 |
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| 191 | 191 | | capacity for establishing and operating a quality charter 175 |
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| 192 | 192 | | school; 176 |
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| 193 | 193 | | (3) Negotiates contracts with charter schools that 177 |
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| 194 | 194 | | clearly articulate the rights and responsibilities of each 178 |
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| 195 | 195 | | party regarding school autonomy, expected outco mes, measures 179 |
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| 196 | 196 | | for evaluating success or failure, performance consequences 180 |
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| 197 | 197 | | based on the annual performance report, and other material 181 |
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| 198 | 198 | | terms; 182 |
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| 199 | 199 | | (4) Conducts contract oversight that evaluates 183 |
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| 200 | 200 | | performance, monitors compliance, informs intervention and 184 |
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| 201 | 201 | | renewal decisions, and ensures autonomy provided under 185 |
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| 202 | 202 | | applicable law; and 186 |
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| 203 | 203 | | (5) Designs and implements a transparent and rigorous 187 |
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| 204 | 204 | | process that uses comprehensive data to make merit -based 188 |
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| 205 | 205 | | renewal decisions. 189 |
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| 206 | 206 | | 12. Sponsors receiving funds under subsection 11 of 190 |
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| 207 | 207 | | this section shall be required to submit annual reports to 191 |
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| 208 | 208 | | the joint committee on education demonstrating they are in 192 |
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| 209 | 209 | | compliance with subsection 17 of this section. 193 |
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| 210 | 210 | | 13. No university, college or community college shall 194 |
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| 211 | 211 | | grant a charter to a nonprofit corporation if an employee of 195 |
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| 212 | 212 | | the university, college or community college is a member of 196 |
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| 213 | 213 | | the corporation's board of directors. 197 |
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| 214 | 214 | | 14. No sponsor shall grant a charter under sections 198 |
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| 215 | 215 | | 160.400 to 160.425 and 167.349 without ensurin g that a 199 |
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| 216 | 216 | | criminal background check and family care safety registry 200 |
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| 217 | 217 | | check are conducted for all members of the governing board 201 |
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| 218 | 218 | | of the charter schools or the incorporators of the charter 202 |
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| 219 | 219 | | school if initial directors are not named in the articles of 203 |
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| 220 | 220 | | incorporation, nor shall a sponsor renew a charter without 204 |
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| 221 | 221 | | ensuring a criminal background check and family care safety 205 SB 88 8 |
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| 222 | 222 | | registry check are conducted for each member of the 206 |
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| 223 | 223 | | governing board of the charter school. 207 |
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| 224 | 224 | | 15. No member of the governing board of a charter 208 |
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| 225 | 225 | | school shall hold any office or employment from the board or 209 |
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| 226 | 226 | | the charter school while serving as a member, nor shall the 210 |
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| 227 | 227 | | member have any substantial interest, as defined in section 211 |
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| 228 | 228 | | 105.450, in any entity employed by or contracting with the 212 |
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| 229 | 229 | | board. No board member shall be an employee of a company 213 |
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| 230 | 230 | | that provides substantial services to the charter school. 214 |
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| 231 | 231 | | All members of the governing board of the charter school 215 |
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| 232 | 232 | | shall be considered decision -making public servants as 216 |
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| 233 | 233 | | defined in section 105.450 for the purposes of the financial 217 |
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| 234 | 234 | | disclosure requirements contained in sections 105.483, 218 |
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| 235 | 235 | | 105.485, 105.487, and 105.489. 219 |
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| 236 | 236 | | 16. A sponsor shall develop the policies and 220 |
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| 237 | 237 | | procedures for: 221 |
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| 238 | 238 | | (1) The review of a charter school proposal including 222 |
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| 239 | 239 | | an application that provides sufficient information for 223 |
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| 240 | 240 | | rigorous evaluation of the proposed charter and provides 224 |
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| 241 | 241 | | clear documentation that the education program and academic 225 |
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| 242 | 242 | | program are aligned with the state standards and grade -level 226 |
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| 243 | 243 | | expectations, and prov ides clear documentation of effective 227 |
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| 244 | 244 | | governance and management structures, and a sustainable 228 |
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| 245 | 245 | | operational plan; 229 |
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| 246 | 246 | | (2) The granting of a charter; 230 |
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| 247 | 247 | | (3) The performance contract that the sponsor will use 231 |
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| 248 | 248 | | to evaluate the performance of charter scho ols. Charter 232 |
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| 249 | 249 | | schools shall meet current state academic performance 233 |
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| 250 | 250 | | standards as well as other standards agreed upon by the 234 |
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| 251 | 251 | | sponsor and the charter school in the performance contract; 235 |
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| 252 | 252 | | (4) The sponsor's intervention, renewal, and 236 |
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| 253 | 253 | | revocation policies, including the conditions under which 237 SB 88 9 |
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| 254 | 254 | | the charter sponsor may intervene in the operation of the 238 |
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| 255 | 255 | | charter school, along with actions and consequences that may 239 |
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| 256 | 256 | | ensue, and the conditions for renewal of the charter at the 240 |
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| 257 | 257 | | end of the term, consistent with subsections 8 and 9 of 241 |
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| 258 | 258 | | section 160.405; 242 |
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| 259 | 259 | | (5) Additional criteria that the sponsor will use for 243 |
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| 260 | 260 | | ongoing oversight of the charter; and 244 |
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| 261 | 261 | | (6) Procedures to be implemented if a charter school 245 |
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| 262 | 262 | | should close, consistent with the provisions of subdivi sion 246 |
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| 263 | 263 | | (15) of subsection 1 of section 160.405. 247 |
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| 264 | 264 | | The department shall provide guidance to sponsors in 248 |
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| 265 | 265 | | developing such policies and procedures. 249 |
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| 266 | 266 | | 17. (1) A sponsor shall provide timely submission to 250 |
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| 267 | 267 | | the state board of education of all data necessary to 251 |
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| 268 | 268 | | demonstrate that the sponsor is in material compliance with 252 |
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| 269 | 269 | | all requirements of sections 160.400 to 160.425 and section 253 |
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| 270 | 270 | | 167.349. The state board of education shall ensure each 254 |
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| 271 | 271 | | sponsor is in compliance with all requirements under 255 |
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| 272 | 272 | | sections 160.400 to 160.425 and 167.349 for each charter 256 |
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| 273 | 273 | | school sponsored by any sponsor. The state board shall 257 |
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| 274 | 274 | | notify each sponsor of the standards for sponsorship of 258 |
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| 275 | 275 | | charter schools, delineating both what is mandated by 259 |
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| 276 | 276 | | statute and what best practices dictate. The state board 260 |
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| 277 | 277 | | shall evaluate sponsors to determine compliance with these 261 |
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| 278 | 278 | | standards every three years. The evaluation shall include a 262 |
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| 279 | 279 | | sponsor's policies and procedures in the areas of charter 263 |
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| 280 | 280 | | application approval; required charter agreement terms and 264 |
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| 281 | 281 | | content; sponsor performance evaluation and compliance 265 |
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| 282 | 282 | | monitoring; and charter renewal, intervention, and 266 |
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| 283 | 283 | | revocation decisions. Nothing shall preclude the department 267 |
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| 284 | 284 | | from undertaking an evaluation at any time for cause. 268 SB 88 10 |
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| 285 | 285 | | (2) If the department determine s that a sponsor is in 269 |
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| 286 | 286 | | material noncompliance with its sponsorship duties, the 270 |
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| 287 | 287 | | sponsor shall be notified and given reasonable time for 271 |
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| 288 | 288 | | remediation. If remediation does not address the compliance 272 |
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| 289 | 289 | | issues identified by the department, the commissioner of 273 |
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| 290 | 290 | | education shall conduct a public hearing and thereafter 274 |
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| 291 | 291 | | provide notice to the charter sponsor of corrective action 275 |
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| 292 | 292 | | that will be recommended to the state board of education. 276 |
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| 293 | 293 | | Corrective action by the department may include withholding 277 |
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| 294 | 294 | | the sponsor's funding and suspending the sponsor's authority 278 |
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| 295 | 295 | | to sponsor a school that it currently sponsors or to sponsor 279 |
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| 296 | 296 | | any additional school until the sponsor is reauthorized by 280 |
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| 297 | 297 | | the state board of education under section 160.403. 281 |
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| 298 | 298 | | (3) The charter sponsor may, w ithin thirty days of 282 |
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| 299 | 299 | | receipt of the notice of the commissioner's recommendation, 283 |
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| 300 | 300 | | provide a written statement and other documentation to show 284 |
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| 301 | 301 | | cause as to why that action should not be taken. Final 285 |
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| 302 | 302 | | determination of corrective action shall be determined by 286 |
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| 303 | 303 | | the state board of education based upon a review of the 287 |
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| 304 | 304 | | documentation submitted to the department and the charter 288 |
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| 305 | 305 | | sponsor. 289 |
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| 306 | 306 | | (4) If the state board removes the authority to 290 |
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| 307 | 307 | | sponsor a currently operating charter school under any 291 |
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| 308 | 308 | | provision of law, the Missouri charter public school 292 |
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| 309 | 309 | | commission shall become the sponsor of the school. 293 |
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| 310 | 310 | | 18. If a sponsor notifies a charter school of closure 294 |
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| 311 | 311 | | under subsection 8 of section 160.405, the department of 295 |
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| 312 | 312 | | elementary and secondary education shall exercis e its 296 |
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| 313 | 313 | | financial withholding authority under subsection 12 of 297 |
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| 314 | 314 | | section 160.415 to assure all obligations of the charter 298 |
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| 315 | 315 | | school shall be met. The state, charter sponsor, or 299 SB 88 11 |
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| 316 | 316 | | resident district shall not be liable for any outstanding 300 |
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| 317 | 317 | | liability or obligatio ns of the charter school. 301 |
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| 318 | 318 | | 160.415. 1. For the purposes of calculation and 1 |
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| 319 | 319 | | distribution of state school aid under section 163.031, 2 |
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| 320 | 320 | | pupils enrolled in a charter school shall be included in the 3 |
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| 321 | 321 | | pupil enrollment of the school district w ithin which each 4 |
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| 322 | 322 | | pupil resides. Each charter school shall report the 5 |
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| 323 | 323 | | eligibility for free and reduced price lunch, special 6 |
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| 324 | 324 | | education, or limited English proficiency status, as well as 7 |
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| 325 | 325 | | eligibility for categorical aid, of pupils resident in a 8 |
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| 326 | 326 | | school district who are enrolled in the charter school to 9 |
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| 327 | 327 | | the school district in which those pupils reside. The 10 |
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| 328 | 328 | | charter school shall report the average daily attendance 11 |
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| 329 | 329 | | data, free and reduced price lunch count, special education 12 |
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| 330 | 330 | | pupil count, and limited Englis h proficiency pupil count to 13 |
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| 331 | 331 | | the state department of elementary and secondary education. 14 |
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| 332 | 332 | | Each charter school shall promptly notify the state 15 |
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| 333 | 333 | | department of elementary and secondary education and the 16 |
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| 334 | 334 | | pupil's school district when a pupil discontinues enr ollment 17 |
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| 335 | 335 | | at a charter school. 18 |
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| 336 | 336 | | 2. Except as provided in subsections 3 and 4 of this 19 |
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| 337 | 337 | | section, the aid payments for charter schools shall be as 20 |
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| 338 | 338 | | described in this subsection. 21 |
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| 339 | 339 | | (1) A school district having one or more resident 22 |
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| 340 | 340 | | pupils attending a c harter school shall pay to the charter 23 |
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| 341 | 341 | | school an annual amount equal to the product of the charter 24 |
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| 342 | 342 | | school's weighted average daily attendance and the state 25 |
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| 343 | 343 | | adequacy target, multiplied by the dollar value modifier for 26 |
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| 344 | 344 | | the district, plus local tax revenu es per weighted average 27 |
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| 345 | 345 | | daily attendance from the incidental and teachers' funds in 28 |
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| 346 | 346 | | excess of the performance levy as defined in section 163.011 29 |
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| 347 | 347 | | plus all other state aid attributable to such pupils. 30 SB 88 12 |
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| 348 | 348 | | (2) The district of residence of a pupil attendi ng a 31 |
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| 349 | 349 | | charter school shall also pay to the charter school any 32 |
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| 350 | 350 | | other federal or state aid that the district receives on 33 |
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| 351 | 351 | | account of such pupil. 34 |
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| 352 | 352 | | (3) If the department overpays or underpays the amount 35 |
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| 353 | 353 | | due to the charter school, such overpayment or und erpayment 36 |
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| 354 | 354 | | shall be repaid by the charter school or credited to the 37 |
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| 355 | 355 | | charter school in twelve equal payments in the next fiscal 38 |
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| 356 | 356 | | year. 39 |
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| 357 | 357 | | (4) The amounts provided pursuant to this subsection 40 |
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| 358 | 358 | | shall be prorated for partial year enrollment for a pupil. 41 |
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| 359 | 359 | | (5) A school district shall pay the amounts due 42 |
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| 360 | 360 | | pursuant to this subsection as the disbursal agent and no 43 |
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| 361 | 361 | | later than twenty days following the receipt of any such 44 |
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| 362 | 362 | | funds. The department of elementary and secondary education 45 |
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| 363 | 363 | | shall pay the amounts du e when it acts as the disbursal 46 |
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| 364 | 364 | | agent within five days of the required due date. 47 |
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| 365 | 365 | | 3. A workplace charter school shall receive payment 48 |
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| 366 | 366 | | for each eligible pupil as provided under subsection 2 of 49 |
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| 367 | 367 | | this section, except that if the pupil is not a resident of 50 |
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| 368 | 368 | | the district and is participating in a voluntary 51 |
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| 369 | 369 | | interdistrict transfer program, the payment for such pupils 52 |
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| 370 | 370 | | shall be the same as provided under section 162.1060. 53 |
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| 371 | 371 | | 4. A charter school that has declared itself as a 54 |
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| 372 | 372 | | local educational agency shal l receive from the department 55 |
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| 373 | 373 | | of elementary and secondary education an annual amount equal 56 |
|---|
| 374 | 374 | | to the product of the charter school's weighted average 57 |
|---|
| 375 | 375 | | daily attendance and the state adequacy target, multiplied 58 |
|---|
| 376 | 376 | | by the dollar value modifier for the district, plus local 59 |
|---|
| 377 | 377 | | tax revenues per weighted average daily attendance from the 60 |
|---|
| 378 | 378 | | incidental and teachers funds in excess of the performance 61 |
|---|
| 379 | 379 | | levy as defined in section 163.011 plus all other state aid 62 SB 88 13 |
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| 380 | 380 | | attributable to such pupils. If a charter school declares 63 |
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| 381 | 381 | | itself as a local educational agency, the department of 64 |
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| 382 | 382 | | elementary and secondary education shall, upon notice of the 65 |
|---|
| 383 | 383 | | declaration, reduce the payment made to the school district 66 |
|---|
| 384 | 384 | | by the amount specified in this subsection and pay directly 67 |
|---|
| 385 | 385 | | to the charter school the annual amount reduced from the 68 |
|---|
| 386 | 386 | | school district's payment. 69 |
|---|
| 387 | 387 | | 5. If a school district fails to make timely payments 70 |
|---|
| 388 | 388 | | of any amount for which it is the disbursal agent, the state 71 |
|---|
| 389 | 389 | | department of elementary and secondary education shall 72 |
|---|
| 390 | 390 | | authorize payment to the charter school of the amount due 73 |
|---|
| 391 | 391 | | pursuant to subsection 2 of this section and shall deduct 74 |
|---|
| 392 | 392 | | the same amount from the next state school aid apportionment 75 |
|---|
| 393 | 393 | | to the owing school district. If a charter school is paid 76 |
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| 394 | 394 | | more or less than the am ounts due pursuant to this section, 77 |
|---|
| 395 | 395 | | the amount of overpayment or underpayment shall be adjusted 78 |
|---|
| 396 | 396 | | equally in the next twelve payments by the school district 79 |
|---|
| 397 | 397 | | or the department of elementary and secondary education, as 80 |
|---|
| 398 | 398 | | appropriate. Any dispute between the school district and a 81 |
|---|
| 399 | 399 | | charter school as to the amount owing to the charter school 82 |
|---|
| 400 | 400 | | shall be resolved by the department of elementary and 83 |
|---|
| 401 | 401 | | secondary education, and the department's decision shall be 84 |
|---|
| 402 | 402 | | the final administrative action for the purposes of rev iew 85 |
|---|
| 403 | 403 | | pursuant to chapter 536. During the period of dispute, the 86 |
|---|
| 404 | 404 | | department of elementary and secondary education shall make 87 |
|---|
| 405 | 405 | | every administrative and statutory effort to allow the 88 |
|---|
| 406 | 406 | | continued education of students in their current charter 89 |
|---|
| 407 | 407 | | school setting. 90 |
|---|
| 408 | 408 | | 6. The charter school and a local school board may 91 |
|---|
| 409 | 409 | | agree by contract for services to be provided by the school 92 |
|---|
| 410 | 410 | | district to the charter school. The charter school may 93 |
|---|
| 411 | 411 | | contract with any other entity for services. Such services 94 SB 88 14 |
|---|
| 412 | 412 | | may include but are not limited to food service, custodial 95 |
|---|
| 413 | 413 | | service, maintenance, management assistance, curriculum 96 |
|---|
| 414 | 414 | | assistance, media services and libraries and shall be 97 |
|---|
| 415 | 415 | | subject to negotiation between the charter school and the 98 |
|---|
| 416 | 416 | | local school board or other entity. Documented actual costs 99 |
|---|
| 417 | 417 | | of such services shall be paid for by the charter school. 100 |
|---|
| 418 | 418 | | 7. In the case of a proposed charter school that 101 |
|---|
| 419 | 419 | | intends to contract with an education service provider for 102 |
|---|
| 420 | 420 | | substantial educational services or management services, the 103 |
|---|
| 421 | 421 | | request for proposals shall additionally require the charter 104 |
|---|
| 422 | 422 | | school applicant to: 105 |
|---|
| 423 | 423 | | (1) Provide evidence of the education service 106 |
|---|
| 424 | 424 | | provider's success in serving student populations similar to 107 |
|---|
| 425 | 425 | | the targeted population, including demonstrated academic 108 |
|---|
| 426 | 426 | | achievement as well as successful management of nonacademic 109 |
|---|
| 427 | 427 | | school functions, if applicable; 110 |
|---|
| 428 | 428 | | (2) Provide a term sheet setting forth the proposed 111 |
|---|
| 429 | 429 | | duration of the service contract; roles and responsibilities 112 |
|---|
| 430 | 430 | | of the governing board, the school staff, and the service 113 |
|---|
| 431 | 431 | | provider; scope of services and resources to be provided by 114 |
|---|
| 432 | 432 | | the service provider; performance evaluation measures and 115 |
|---|
| 433 | 433 | | time lines; compensation structure, including clear 116 |
|---|
| 434 | 434 | | identification of all fees to be paid to the service 117 |
|---|
| 435 | 435 | | provider; methods of contract oversight and enforcement; 118 |
|---|
| 436 | 436 | | investment disclosure; and conditions for renewal and 119 |
|---|
| 437 | 437 | | termination of the contract; 120 |
|---|
| 438 | 438 | | (3) Disclose any known conflicts of interest between 121 |
|---|
| 439 | 439 | | the school governing board and proposed service provider or 122 |
|---|
| 440 | 440 | | any affiliated business entities; 123 |
|---|
| 441 | 441 | | (4) Disclose and explain any termination or nonrenewal 124 |
|---|
| 442 | 442 | | of contracts for equivalent services for any other charter 125 |
|---|
| 443 | 443 | | school in the United States within the past five years; 126 SB 88 15 |
|---|
| 444 | 444 | | (5) Ensure that the legal counsel for the c harter 127 |
|---|
| 445 | 445 | | school shall report directly to the charter school's 128 |
|---|
| 446 | 446 | | governing board; and 129 |
|---|
| 447 | 447 | | (6) Provide a process to ensure that the expenditures 130 |
|---|
| 448 | 448 | | that the education service provider intends to bill to the 131 |
|---|
| 449 | 449 | | charter school shall receive prior approval of the g overning 132 |
|---|
| 450 | 450 | | board or its designee. 133 |
|---|
| 451 | 451 | | 8. A charter school may enter into contracts with 134 |
|---|
| 452 | 452 | | community partnerships and state agencies acting in 135 |
|---|
| 453 | 453 | | collaboration with such partnerships that provide services 136 |
|---|
| 454 | 454 | | to students and their families linked to the school. 137 |
|---|
| 455 | 455 | | 9. A charter school shall be eligible for 138 |
|---|
| 456 | 456 | | transportation state aid pursuant to section 163.161 and 139 |
|---|
| 457 | 457 | | shall be free to contract with the local district, or any 140 |
|---|
| 458 | 458 | | other entity, for the provision of transportation to the 141 |
|---|
| 459 | 459 | | students of the charter school. 142 |
|---|
| 460 | 460 | | 10. (1) The proportionate share of state and federal 143 |
|---|
| 461 | 461 | | resources generated by students with disabilities or staff 144 |
|---|
| 462 | 462 | | serving them shall be paid in full to charter schools 145 |
|---|
| 463 | 463 | | enrolling those students by their school district where such 146 |
|---|
| 464 | 464 | | enrollment is through a contract for services described in 147 |
|---|
| 465 | 465 | | this section. The proportionate share of money generated 148 |
|---|
| 466 | 466 | | under other federal or state categorical aid programs shall 149 |
|---|
| 467 | 467 | | be directed to charter schools serving such students 150 |
|---|
| 468 | 468 | | eligible for that aid. 151 |
|---|
| 469 | 469 | | (2) A charter school shall provide the special 152 |
|---|
| 470 | 470 | | services provided pursuant to section 162.705 and may 153 |
|---|
| 471 | 471 | | provide the special services pursuant to a contract with a 154 |
|---|
| 472 | 472 | | school district or any provider of such services. 155 |
|---|
| 473 | 473 | | 11. A charter school shall not charge tuition or 156 |
|---|
| 474 | 474 | | impose fees that a school district is prohibited from 157 |
|---|
| 475 | 475 | | charging or imposing, except that a charter school may 158 SB 88 16 |
|---|
| 476 | 476 | | receive tuition payments from districts in the same or an 159 |
|---|
| 477 | 477 | | adjoining county for nonresident students who transfer to an 160 |
|---|
| 478 | 478 | | approved charter schoo l, as defined in section 167.895, from 161 |
|---|
| 479 | 479 | | an unaccredited district. 162 |
|---|
| 480 | 480 | | 12. A charter school is authorized to incur debt in 163 |
|---|
| 481 | 481 | | anticipation of receipt of funds. A charter school may also 164 |
|---|
| 482 | 482 | | borrow to finance facilities and other capital items. A 165 |
|---|
| 483 | 483 | | school district may incur bonded indebtedness or take other 166 |
|---|
| 484 | 484 | | measures to provide for physical facilities and other 167 |
|---|
| 485 | 485 | | capital items for charter schools that it sponsors or 168 |
|---|
| 486 | 486 | | contracts with. Except as otherwise specifically provided 169 |
|---|
| 487 | 487 | | in sections 160.400 to 160.425, upon the dissolution of a 170 |
|---|
| 488 | 488 | | charter school, any liabilities of the corporation will be 171 |
|---|
| 489 | 489 | | satisfied through the procedures of chapter 355. A charter 172 |
|---|
| 490 | 490 | | school shall satisfy all its financial obligations within 173 |
|---|
| 491 | 491 | | twelve months of notice from the sponsor of the chart er 174 |
|---|
| 492 | 492 | | school's closure under subsection 8 of section 160.405. 175 |
|---|
| 493 | 493 | | After satisfaction of all its financial obligations, a 176 |
|---|
| 494 | 494 | | charter school shall return any remaining state and federal 177 |
|---|
| 495 | 495 | | funds to the department of elementary and secondary 178 |
|---|
| 496 | 496 | | education for dispositio n as stated in subdivision (17) of 179 |
|---|
| 497 | 497 | | subsection 1 of section 160.405. The department of 180 |
|---|
| 498 | 498 | | elementary and secondary education may withhold funding at a 181 |
|---|
| 499 | 499 | | level the department determines to be adequate during a 182 |
|---|
| 500 | 500 | | school's last year of operation until the depart ment 183 |
|---|
| 501 | 501 | | determines that school records, liabilities, and reporting 184 |
|---|
| 502 | 502 | | requirements, including a full audit, are satisfied. 185 |
|---|
| 503 | 503 | | 13. Charter schools shall not have the power to 186 |
|---|
| 504 | 504 | | acquire property by eminent domain. 187 |
|---|
| 505 | 505 | | 14. The governing board of a charter sch ool is 188 |
|---|
| 506 | 506 | | authorized to accept grants, gifts or donations of any kind 189 |
|---|
| 507 | 507 | | and to expend or use such grants, gifts or donations. A 190 SB 88 17 |
|---|
| 508 | 508 | | grant, gift or donation shall not be accepted by the 191 |
|---|
| 509 | 509 | | governing board if it is subject to any condition contrary 192 |
|---|
| 510 | 510 | | to law applicable to the charter school or other public 193 |
|---|
| 511 | 511 | | schools, or contrary to the terms of the charter. 194 |
|---|
| 512 | 512 | | 15. In addition to any state aid remitted to charter 195 |
|---|
| 513 | 513 | | schools under this section, the department of elementary and 196 |
|---|
| 514 | 514 | | secondary education shall remit to any cha rter school an 197 |
|---|
| 515 | 515 | | amount equal to the weighted average daily attendance of the 198 |
|---|
| 516 | 516 | | charter school multiplied by the difference of: 199 |
|---|
| 517 | 517 | | (1) The amount of state aid and local aid per weighted 200 |
|---|
| 518 | 518 | | average daily attendance received by the school district in 201 |
|---|
| 519 | 519 | | which the charter school is located, not including any funds 202 |
|---|
| 520 | 520 | | remitted to charter schools in the district. For the 203 |
|---|
| 521 | 521 | | purposes of this subdivision, the weighted average daily 204 |
|---|
| 522 | 522 | | attendance of the school district shall not include the 205 |
|---|
| 523 | 523 | | weighted average daily attendan ce of the charter schools 206 |
|---|
| 524 | 524 | | located in the district; and 207 |
|---|
| 525 | 525 | | (2) The amount of state aid and local aid per weighted 208 |
|---|
| 526 | 526 | | average daily attendance of the charter school received by 209 |
|---|
| 527 | 527 | | the charter school. 210 |
|---|
| 528 | 528 | | 16. Charter schools may adjust weighted average dail y 211 |
|---|
| 529 | 529 | | attendance pursuant to section 163.036. 212 |
|---|
| 530 | 530 | | 17. When calculating the amounts in subdivisions (1) 213 |
|---|
| 531 | 531 | | and (2) of subsection 15 of this section, the department 214 |
|---|
| 532 | 532 | | shall utilize the most current data to which the department 215 |
|---|
| 533 | 533 | | has access. 216 |
|---|
| 534 | 534 | | 18. For the purposes of subsection 15 of this section: 217 |
|---|
| 535 | 535 | | (1) The definitions contained in section 163.011, 218 |
|---|
| 536 | 536 | | shall apply; 219 |
|---|
| 537 | 537 | | (2) The term "local aid" shall mean all local and 220 |
|---|
| 538 | 538 | | county revenue received, including, but not limited to, the 221 |
|---|
| 539 | 539 | | following: 222 SB 88 18 |
|---|
| 540 | 540 | | (a) Property taxes and delinquent taxes; 223 |
|---|
| 541 | 541 | | (b) Merchants' and manufacturers' tax revenues; 224 |
|---|
| 542 | 542 | | (c) Financial institutions' tax revenues; 225 |
|---|
| 543 | 543 | | (d) City sales tax revenue, including city sales tax 226 |
|---|
| 544 | 544 | | collected in any city not within a county; 227 |
|---|
| 545 | 545 | | (e) Payments in lieu of taxes; and 228 |
|---|
| 546 | 546 | | (f) Revenues from state-assessed railroad and 229 |
|---|
| 547 | 547 | | utilities tax; 230 |
|---|
| 548 | 548 | | (3) The term local aid shall not be construed to 231 |
|---|
| 549 | 549 | | include: 232 |
|---|
| 550 | 550 | | (a) Charitable contributions, gifts, and grants made 233 |
|---|
| 551 | 551 | | to school districts; 234 |
|---|
| 552 | 552 | | (b) Interest earnings of school districts and student 235 |
|---|
| 553 | 553 | | fees paid to school districts; 236 |
|---|
| 554 | 554 | | (c) Debt service authorized by a public vote for the 237 |
|---|
| 555 | 555 | | purpose of making payments on a bond issuance of a school 238 |
|---|
| 556 | 556 | | district; 239 |
|---|
| 557 | 557 | | (d) Proposition C revenues received for school 240 |
|---|
| 558 | 558 | | purposes from the school district trust fund under section 241 |
|---|
| 559 | 559 | | 163.087; or 242 |
|---|
| 560 | 560 | | (e) Any other funding solely intended for a particular 243 |
|---|
| 561 | 561 | | school district or their respective employees, schools, 244 |
|---|
| 562 | 562 | | foundations, or organizations; 245 |
|---|
| 563 | 563 | | (4) The term "state aid" shall m ean any revenues 246 |
|---|
| 564 | 564 | | received pursuant to this section and sections 163.043 and 247 |
|---|
| 565 | 565 | | 163.087. 248 |
|---|
| 566 | 566 | | 19. Notwithstanding any other provision of law to the 249 |
|---|
| 567 | 567 | | contrary, subsections 15 to 18 of this section shall be 250 |
|---|
| 568 | 568 | | applicable to charter schools operated only in the following 251 |
|---|
| 569 | 569 | | school districts[, provided that no such school district 252 |
|---|
| 570 | 570 | | shall be located in a county with more than one hundred 253 SB 88 19 |
|---|
| 571 | 571 | | fifty thousand but fewer than two hundred thousand 254 |
|---|
| 572 | 572 | | inhabitants]: 255 |
|---|
| 573 | 573 | | (1) In a metropolitan school district; 256 |
|---|
| 574 | 574 | | (2) In an urban school district containing most or all 257 |
|---|
| 575 | 575 | | of a city with more than four hundred thousand inhabitants 258 |
|---|
| 576 | 576 | | and located in more than one county; 259 |
|---|
| 577 | 577 | | (3) In a school district that has been classified as 260 |
|---|
| 578 | 578 | | unaccredited by the state board of education; 261 |
|---|
| 579 | 579 | | (4) In a school district that has been classified as 262 |
|---|
| 580 | 580 | | provisionally accredited by the state board of education and 263 |
|---|
| 581 | 581 | | has received scores on its annual performance report 264 |
|---|
| 582 | 582 | | consistent with a classification of provisionally accredited 265 |
|---|
| 583 | 583 | | or unaccredited for three co nsecutive school years beginning 266 |
|---|
| 584 | 584 | | with the 2012-13 accreditation year under the conditions 267 |
|---|
| 585 | 585 | | described in paragraphs (a) and (b) of subdivision (4) of 268 |
|---|
| 586 | 586 | | subsection 2 of section 160.400; or 269 |
|---|
| 587 | 587 | | (5) In a school district that has been accredited 270 |
|---|
| 588 | 588 | | without provisions, sponsored only by the local school board 271 |
|---|
| 589 | 589 | | under the conditions described in subdivision (6) of 272 |
|---|
| 590 | 590 | | subsection 2 of section 160.400. 273 |
|---|
| 591 | 591 | | 20. (1) The members of the governing board of a 274 |
|---|
| 592 | 592 | | charter school shall be residents of the state of Missouri. 275 |
|---|
| 593 | 593 | | (2) Any current member of a governing board of a 276 |
|---|
| 594 | 594 | | charter school who does not meet the requirements in 277 |
|---|
| 595 | 595 | | subdivision (1) of this subsection may complete their term. 278 |
|---|
| 596 | 596 | | Such individual shall not be renominated as a member of the 279 |
|---|
| 597 | 597 | | governing board on which h e or she sits. 280 |
|---|
| 598 | 598 | | 21. (1) Any charter school management company 281 |
|---|
| 599 | 599 | | operating a charter school in the state shall be a nonprofit 282 |
|---|
| 600 | 600 | | corporation incorporated pursuant to chapter 355. 283 |
|---|
| 601 | 601 | | (2) Notwithstanding any provision of law to the 284 |
|---|
| 602 | 602 | | contrary, if a chart er school is operated by a charter 285 SB 88 20 |
|---|
| 603 | 603 | | school management company, all laws and regulations that 286 |
|---|
| 604 | 604 | | apply to employees of such charter school shall apply to the 287 |
|---|
| 605 | 605 | | actions of any employees of the management company while 288 |
|---|
| 606 | 606 | | they are conducting any work relating to t he direct decision- 289 |
|---|
| 607 | 607 | | making of the operation of such charter school. 290 |
|---|
| 608 | 608 | | 22. Beginning July 1, 2023, the provisions of section 291 |
|---|
| 609 | 609 | | 160.995 shall be applicable to charter schools. 292 |
|---|
| 610 | 610 | | 23. Each charter school shall publish its annual 293 |
|---|
| 611 | 611 | | performance report on t he school's website in a downloadable 294 |
|---|
| 612 | 612 | | format. 295 |
|---|
| 613 | 613 | | |
|---|