State Codes and Statutes

Statutes > Missouri > T11 > C160 > 160_400

Charter schools, defined, St. Louis City and Kansas City schooldistricts--sponsors--use of public school buildings--organizationof charter schools--affiliations with college oruniversity--criminal background check required.

160.400. 1. A charter school is an independent public school.

2. Charter schools may be operated only in a metropolitan schooldistrict or in an urban school district containing most or all of a citywith a population greater than three hundred fifty thousand inhabitants andmay be sponsored by any of the following:

(1) The school board of the district;

(2) A public four-year college or university with its primary campusin the school district or in a county adjacent to the county in which thedistrict is located, with an approved teacher education program that meetsregional or national standards of accreditation;

(3) A community college located in the district; or

(4) Any private four-year college or university located in a city notwithin a county with an enrollment of at least one thousand students, andwith an approved teacher preparation program.

3. The mayor of a city not within a county may request a sponsorunder subdivision (2), (3), or (4) of subsection 2 of this section toconsider sponsoring a "workplace charter school", which is defined forpurposes of sections 160.400 to 160.420 as a charter school with theability to target prospective students whose parent or parents are employedin a business district, as defined in the charter, which is located in thecity.

4. No sponsor shall receive from an applicant for a charter schoolany fee of any type for the consideration of a charter, nor may a sponsorcondition its consideration of a charter on the promise of future paymentof any kind.

5. The charter school shall be a Missouri nonprofit corporationincorporated pursuant to chapter 355, RSMo. The charter provided forherein shall constitute a contract between the sponsor and the charterschool.

6. As a nonprofit corporation incorporated pursuant to chapter 355,RSMo, the charter school shall select the method for election of officerspursuant to section 355.326, RSMo, based on the class of corporationselected. Meetings of the governing board of the charter school shall besubject to the provisions of sections 610.010 to 610.030, RSMo, the openmeetings law.

7. A sponsor of a charter school, its agents and employees are notliable for any acts or omissions of a charter school that it sponsors,including acts or omissions relating to the charter submitted by thecharter school, the operation of the charter school and the performance ofthe charter school.

8. A charter school may affiliate with a four-year college oruniversity, including a private college or university, or a communitycollege as otherwise specified in subsection 2 of this section when itscharter is granted by a sponsor other than such college, university orcommunity college. Affiliation status recognizes a relationship betweenthe charter school and the college or university for purposes of teachertraining and staff development, curriculum and assessment development, useof physical facilities owned by or rented on behalf of the college oruniversity, and other similar purposes. The primary campus of the collegeor university must be located within the county in which the schooldistrict lies wherein the charter school is located or in a county adjacentto the county in which the district is located. A university, college orcommunity college may not charge or accept a fee for affiliation status.

9. The expenses associated with sponsorship of charter schools shallbe defrayed by the department of elementary and secondary educationretaining one and five-tenths percent of the amount of state and localfunding allocated to the charter school under section 160.415, not toexceed one hundred twenty-five thousand dollars, adjusted for inflation.Such amount shall not be withheld when the sponsor is a school district orthe state board of education. The department of elementary and secondaryeducation shall remit the retained funds for each charter school to theschool's sponsor, provided the sponsor remains in good standing byfulfilling its sponsorship obligations under sections 160.400 to 160.420and 167.349, RSMo, with regard to each charter school it sponsors,including appropriate demonstration of the following:

(1) Expends no less than ninety percent of its charter schoolsponsorship funds in support of its charter school sponsorship program, oras a direct investment in the sponsored schools;

(2) Maintains a comprehensive application process that follows fairprocedures and rigorous criteria and grants charters only to thosedevelopers who demonstrate strong capacity for establishing and operating aquality charter school;

(3) Negotiates contracts with charter schools that clearly articulatethe rights and responsibilities of each party regarding school autonomy,expected outcomes, measures for evaluating success or failure, performanceconsequences, and other material terms;

(4) Conducts contract oversight that evaluates performance, monitorscompliance, informs intervention and renewal decisions, and ensuresautonomy provided under applicable law; and

(5) Designs and implements a transparent and rigorous process thatuses comprehensive data to make merit-based renewal decisions.

10. No university, college or community college shall grant a charterto a nonprofit corporation if an employee of the university, college orcommunity college is a member of the corporation's board of directors.

11. No sponsor shall grant a charter under sections 160.400 to160.420 and 167.349, RSMo, without ensuring that a criminal backgroundcheck and child abuse registry check are conducted for all members of thegoverning board of the charter schools or the incorporators of the charterschool if initial directors are not named in the articles of incorporation,nor shall a sponsor renew a charter without ensuring a criminal backgroundcheck and child abuse registry check are conducted for each member of thegoverning board of the charter school.

12. No member of the governing board of a charter school shall holdany office or employment from the board or the charter school while servingas a member, nor shall the member have any substantial interest, as definedin section 105.450, RSMo, in any entity employed by or contracting with theboard. No board member shall be an employee of a company that providessubstantial services to the charter school. All members of the governingboard of the charter school shall be considered decision-making publicservants as defined in section 105.450, RSMo, for the purposes of thefinancial disclosure requirements contained in sections 105.483, 105.485,105.487, and 105.489, RSMo.

13. A sponsor shall provide timely submission to the state board ofeducation of all data necessary to demonstrate that the sponsor is inmaterial compliance with all requirements of sections 160.400 to 160.420and 167.349, RSMo.

14. The state board of education shall ensure each sponsor is incompliance with all requirements under sections 160.400 to 160.420 and167.349, RSMo, for each charter school sponsored by any sponsor. The stateboard shall notify each sponsor of the standards for sponsorship of charterschools, delineating both what is mandated by statute and what bestpractices dictate. The state board, after a public hearing, may requireremedial action for a sponsor that it finds has not fulfilled itsobligations of sponsorship, such remedial actions including withholding thesponsor's funding and suspending for a period of up to one year thesponsor's authority to sponsor a school that it currently sponsors or tosponsor any additional school. If the state board removes the authority tosponsor a currently operating charter school, the state board shall becomethe interim sponsor of the school for a period of up to three years untilthe school finds a new sponsor or until the charter contract period lapses.

(L. 1998 S.B. 781 § 4, A.L. 2005 S.B. 287, A.L. 2009 S.B. 291)

State Codes and Statutes

Statutes > Missouri > T11 > C160 > 160_400

Charter schools, defined, St. Louis City and Kansas City schooldistricts--sponsors--use of public school buildings--organizationof charter schools--affiliations with college oruniversity--criminal background check required.

160.400. 1. A charter school is an independent public school.

2. Charter schools may be operated only in a metropolitan schooldistrict or in an urban school district containing most or all of a citywith a population greater than three hundred fifty thousand inhabitants andmay be sponsored by any of the following:

(1) The school board of the district;

(2) A public four-year college or university with its primary campusin the school district or in a county adjacent to the county in which thedistrict is located, with an approved teacher education program that meetsregional or national standards of accreditation;

(3) A community college located in the district; or

(4) Any private four-year college or university located in a city notwithin a county with an enrollment of at least one thousand students, andwith an approved teacher preparation program.

3. The mayor of a city not within a county may request a sponsorunder subdivision (2), (3), or (4) of subsection 2 of this section toconsider sponsoring a "workplace charter school", which is defined forpurposes of sections 160.400 to 160.420 as a charter school with theability to target prospective students whose parent or parents are employedin a business district, as defined in the charter, which is located in thecity.

4. No sponsor shall receive from an applicant for a charter schoolany fee of any type for the consideration of a charter, nor may a sponsorcondition its consideration of a charter on the promise of future paymentof any kind.

5. The charter school shall be a Missouri nonprofit corporationincorporated pursuant to chapter 355, RSMo. The charter provided forherein shall constitute a contract between the sponsor and the charterschool.

6. As a nonprofit corporation incorporated pursuant to chapter 355,RSMo, the charter school shall select the method for election of officerspursuant to section 355.326, RSMo, based on the class of corporationselected. Meetings of the governing board of the charter school shall besubject to the provisions of sections 610.010 to 610.030, RSMo, the openmeetings law.

7. A sponsor of a charter school, its agents and employees are notliable for any acts or omissions of a charter school that it sponsors,including acts or omissions relating to the charter submitted by thecharter school, the operation of the charter school and the performance ofthe charter school.

8. A charter school may affiliate with a four-year college oruniversity, including a private college or university, or a communitycollege as otherwise specified in subsection 2 of this section when itscharter is granted by a sponsor other than such college, university orcommunity college. Affiliation status recognizes a relationship betweenthe charter school and the college or university for purposes of teachertraining and staff development, curriculum and assessment development, useof physical facilities owned by or rented on behalf of the college oruniversity, and other similar purposes. The primary campus of the collegeor university must be located within the county in which the schooldistrict lies wherein the charter school is located or in a county adjacentto the county in which the district is located. A university, college orcommunity college may not charge or accept a fee for affiliation status.

9. The expenses associated with sponsorship of charter schools shallbe defrayed by the department of elementary and secondary educationretaining one and five-tenths percent of the amount of state and localfunding allocated to the charter school under section 160.415, not toexceed one hundred twenty-five thousand dollars, adjusted for inflation.Such amount shall not be withheld when the sponsor is a school district orthe state board of education. The department of elementary and secondaryeducation shall remit the retained funds for each charter school to theschool's sponsor, provided the sponsor remains in good standing byfulfilling its sponsorship obligations under sections 160.400 to 160.420and 167.349, RSMo, with regard to each charter school it sponsors,including appropriate demonstration of the following:

(1) Expends no less than ninety percent of its charter schoolsponsorship funds in support of its charter school sponsorship program, oras a direct investment in the sponsored schools;

(2) Maintains a comprehensive application process that follows fairprocedures and rigorous criteria and grants charters only to thosedevelopers who demonstrate strong capacity for establishing and operating aquality charter school;

(3) Negotiates contracts with charter schools that clearly articulatethe rights and responsibilities of each party regarding school autonomy,expected outcomes, measures for evaluating success or failure, performanceconsequences, and other material terms;

(4) Conducts contract oversight that evaluates performance, monitorscompliance, informs intervention and renewal decisions, and ensuresautonomy provided under applicable law; and

(5) Designs and implements a transparent and rigorous process thatuses comprehensive data to make merit-based renewal decisions.

10. No university, college or community college shall grant a charterto a nonprofit corporation if an employee of the university, college orcommunity college is a member of the corporation's board of directors.

11. No sponsor shall grant a charter under sections 160.400 to160.420 and 167.349, RSMo, without ensuring that a criminal backgroundcheck and child abuse registry check are conducted for all members of thegoverning board of the charter schools or the incorporators of the charterschool if initial directors are not named in the articles of incorporation,nor shall a sponsor renew a charter without ensuring a criminal backgroundcheck and child abuse registry check are conducted for each member of thegoverning board of the charter school.

12. No member of the governing board of a charter school shall holdany office or employment from the board or the charter school while servingas a member, nor shall the member have any substantial interest, as definedin section 105.450, RSMo, in any entity employed by or contracting with theboard. No board member shall be an employee of a company that providessubstantial services to the charter school. All members of the governingboard of the charter school shall be considered decision-making publicservants as defined in section 105.450, RSMo, for the purposes of thefinancial disclosure requirements contained in sections 105.483, 105.485,105.487, and 105.489, RSMo.

13. A sponsor shall provide timely submission to the state board ofeducation of all data necessary to demonstrate that the sponsor is inmaterial compliance with all requirements of sections 160.400 to 160.420and 167.349, RSMo.

14. The state board of education shall ensure each sponsor is incompliance with all requirements under sections 160.400 to 160.420 and167.349, RSMo, for each charter school sponsored by any sponsor. The stateboard shall notify each sponsor of the standards for sponsorship of charterschools, delineating both what is mandated by statute and what bestpractices dictate. The state board, after a public hearing, may requireremedial action for a sponsor that it finds has not fulfilled itsobligations of sponsorship, such remedial actions including withholding thesponsor's funding and suspending for a period of up to one year thesponsor's authority to sponsor a school that it currently sponsors or tosponsor any additional school. If the state board removes the authority tosponsor a currently operating charter school, the state board shall becomethe interim sponsor of the school for a period of up to three years untilthe school finds a new sponsor or until the charter contract period lapses.

(L. 1998 S.B. 781 § 4, A.L. 2005 S.B. 287, A.L. 2009 S.B. 291)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T11 > C160 > 160_400

Charter schools, defined, St. Louis City and Kansas City schooldistricts--sponsors--use of public school buildings--organizationof charter schools--affiliations with college oruniversity--criminal background check required.

160.400. 1. A charter school is an independent public school.

2. Charter schools may be operated only in a metropolitan schooldistrict or in an urban school district containing most or all of a citywith a population greater than three hundred fifty thousand inhabitants andmay be sponsored by any of the following:

(1) The school board of the district;

(2) A public four-year college or university with its primary campusin the school district or in a county adjacent to the county in which thedistrict is located, with an approved teacher education program that meetsregional or national standards of accreditation;

(3) A community college located in the district; or

(4) Any private four-year college or university located in a city notwithin a county with an enrollment of at least one thousand students, andwith an approved teacher preparation program.

3. The mayor of a city not within a county may request a sponsorunder subdivision (2), (3), or (4) of subsection 2 of this section toconsider sponsoring a "workplace charter school", which is defined forpurposes of sections 160.400 to 160.420 as a charter school with theability to target prospective students whose parent or parents are employedin a business district, as defined in the charter, which is located in thecity.

4. No sponsor shall receive from an applicant for a charter schoolany fee of any type for the consideration of a charter, nor may a sponsorcondition its consideration of a charter on the promise of future paymentof any kind.

5. The charter school shall be a Missouri nonprofit corporationincorporated pursuant to chapter 355, RSMo. The charter provided forherein shall constitute a contract between the sponsor and the charterschool.

6. As a nonprofit corporation incorporated pursuant to chapter 355,RSMo, the charter school shall select the method for election of officerspursuant to section 355.326, RSMo, based on the class of corporationselected. Meetings of the governing board of the charter school shall besubject to the provisions of sections 610.010 to 610.030, RSMo, the openmeetings law.

7. A sponsor of a charter school, its agents and employees are notliable for any acts or omissions of a charter school that it sponsors,including acts or omissions relating to the charter submitted by thecharter school, the operation of the charter school and the performance ofthe charter school.

8. A charter school may affiliate with a four-year college oruniversity, including a private college or university, or a communitycollege as otherwise specified in subsection 2 of this section when itscharter is granted by a sponsor other than such college, university orcommunity college. Affiliation status recognizes a relationship betweenthe charter school and the college or university for purposes of teachertraining and staff development, curriculum and assessment development, useof physical facilities owned by or rented on behalf of the college oruniversity, and other similar purposes. The primary campus of the collegeor university must be located within the county in which the schooldistrict lies wherein the charter school is located or in a county adjacentto the county in which the district is located. A university, college orcommunity college may not charge or accept a fee for affiliation status.

9. The expenses associated with sponsorship of charter schools shallbe defrayed by the department of elementary and secondary educationretaining one and five-tenths percent of the amount of state and localfunding allocated to the charter school under section 160.415, not toexceed one hundred twenty-five thousand dollars, adjusted for inflation.Such amount shall not be withheld when the sponsor is a school district orthe state board of education. The department of elementary and secondaryeducation shall remit the retained funds for each charter school to theschool's sponsor, provided the sponsor remains in good standing byfulfilling its sponsorship obligations under sections 160.400 to 160.420and 167.349, RSMo, with regard to each charter school it sponsors,including appropriate demonstration of the following:

(1) Expends no less than ninety percent of its charter schoolsponsorship funds in support of its charter school sponsorship program, oras a direct investment in the sponsored schools;

(2) Maintains a comprehensive application process that follows fairprocedures and rigorous criteria and grants charters only to thosedevelopers who demonstrate strong capacity for establishing and operating aquality charter school;

(3) Negotiates contracts with charter schools that clearly articulatethe rights and responsibilities of each party regarding school autonomy,expected outcomes, measures for evaluating success or failure, performanceconsequences, and other material terms;

(4) Conducts contract oversight that evaluates performance, monitorscompliance, informs intervention and renewal decisions, and ensuresautonomy provided under applicable law; and

(5) Designs and implements a transparent and rigorous process thatuses comprehensive data to make merit-based renewal decisions.

10. No university, college or community college shall grant a charterto a nonprofit corporation if an employee of the university, college orcommunity college is a member of the corporation's board of directors.

11. No sponsor shall grant a charter under sections 160.400 to160.420 and 167.349, RSMo, without ensuring that a criminal backgroundcheck and child abuse registry check are conducted for all members of thegoverning board of the charter schools or the incorporators of the charterschool if initial directors are not named in the articles of incorporation,nor shall a sponsor renew a charter without ensuring a criminal backgroundcheck and child abuse registry check are conducted for each member of thegoverning board of the charter school.

12. No member of the governing board of a charter school shall holdany office or employment from the board or the charter school while servingas a member, nor shall the member have any substantial interest, as definedin section 105.450, RSMo, in any entity employed by or contracting with theboard. No board member shall be an employee of a company that providessubstantial services to the charter school. All members of the governingboard of the charter school shall be considered decision-making publicservants as defined in section 105.450, RSMo, for the purposes of thefinancial disclosure requirements contained in sections 105.483, 105.485,105.487, and 105.489, RSMo.

13. A sponsor shall provide timely submission to the state board ofeducation of all data necessary to demonstrate that the sponsor is inmaterial compliance with all requirements of sections 160.400 to 160.420and 167.349, RSMo.

14. The state board of education shall ensure each sponsor is incompliance with all requirements under sections 160.400 to 160.420 and167.349, RSMo, for each charter school sponsored by any sponsor. The stateboard shall notify each sponsor of the standards for sponsorship of charterschools, delineating both what is mandated by statute and what bestpractices dictate. The state board, after a public hearing, may requireremedial action for a sponsor that it finds has not fulfilled itsobligations of sponsorship, such remedial actions including withholding thesponsor's funding and suspending for a period of up to one year thesponsor's authority to sponsor a school that it currently sponsors or tosponsor any additional school. If the state board removes the authority tosponsor a currently operating charter school, the state board shall becomethe interim sponsor of the school for a period of up to three years untilthe school finds a new sponsor or until the charter contract period lapses.

(L. 1998 S.B. 781 § 4, A.L. 2005 S.B. 287, A.L. 2009 S.B. 291)