Missouri

Missouri law allows public charter schools to open in the Kansas City school district, the St. Louis school district, unaccredited districts, provisionally accredited districts, and accredited districts.
Missouri law prohibits public charter schools from serving more than 35% of public school students in accredited school districts that enroll 1,500 or more students.

Missouri law allows new start-ups and public school conversions.

Missouri law allows the following types of entities to serve as authorizers in the Kansas City school district, the St. Louis school district, and unaccredited districts: the Kansas City and St. Louis school boards; a special administrative board created by the state board of education to operate the Kansas City or St. Louis school districts; a community college, the service area of which encompasses some portion of the district; a public four-year college or university with an approved teacher education program that meets regional or national standards of accreditation; any private four-year college or university with an enrollment of at least one thousand students, with its primary campus in Missouri, and with an approved teacher preparation program; any two-year private vocational or technical school designated as a 501(c)(3) nonprofit organization under the Internal Revenue Code of 1986 which is a member of the North Central Association and accredited by the Higher Learning Commission, with its primary campus in Missouri; or the Missouri Charter Public School Commission.
In provisionally accredited school districts that have received scores on their annual performance reports consistent with a classification of provisionally accredited or unaccredited for three consecutive school years beginning with the 2012-2013 accreditation year, Missouri law allows local school boards and authorizers that have met the standards of accountability and performance as determined by the state department of education to authorize charters.

In accredited school districts, Missouri law only allows local school boards to authorize charters.

Missouri law requires that when an authorizer approves an application, it must forward it to the state board of education for its approval along with an assurance that it meets legal requirements and provides a monitoring plan for the school. The law allows the state board to find the application insufficient and decline to approve it.

If an authorizer turns down an application, the law allows the applicant to submit it to the state board, which can approve it and then act as the authorizer.

Missouri law requires the state department of education to establish an annual application and approval process for all entities eligible to sponsor charters that are not sponsoring a charter school as of August 28, 2012.
Missouri law requires the application process for sponsorship to require each interested eligible sponsor to submit an application that includes: written notification of intent to serve as a charter school sponsor in accordance with state law; evidence of the applicant sponsor's budget and personnel capacity; an outline of the request for proposal that the applicant sponsor would, if approved as a charter sponsor, issue to solicit charter school applicants consistent with state law; the performance framework that the applicant sponsor would, if approved as a charter sponsor, use to guide the establishment of a charter contract and for ongoing oversight and a description of how it would evaluate the charter schools it sponsors; and the applicant sponsor's renewal, revocation, and nonrenewal processes consistent with state law.

By April first of each year, the law requires the department to decide whether to grant or deny a sponsoring authority to a sponsor applicant. According to the law, this decision shall be made based on the applicant charter's compliance with state law and properly promulgated rules of the department.

Within thirty days of the department's decision, the law requires the department to execute a renewable sponsoring contract with each entity it has approved as a sponsor. According to the law, the term of each authorizing contract shall be six years and renewable.

Missouri law requires authorizers to submit an annual report to the Joint Committee on Education.

The law requires the state board to notify each sponsor of applicable standards.

The law requires that the state board of education ensure that each sponsor is in compliance with its responsibilities. The law requires the state board to evaluate sponsors to determine compliance with the state’s standards for sponsorship every three years. It requires the evaluation to include a sponsor's policies and procedures in the areas of charter application approval, required charter agreement terms and content, sponsor performance evaluation and compliance monitoring, and charter renewal, intervention, and revocation decisions. The law provides that nothing shall preclude the department from undertaking an evaluation at any time for cause.

The law provides that if the department determines that a sponsor is in material noncompliance with its sponsorship duties, the sponsor shall be notified and given reasonable time for remediation. If remediation does not address the compliance issues identified by the department, the law requires the commissioner of education to conduct a public hearing and thereafter provide notice to the charter sponsor of corrective action that will be recommended to the state board of education. According to the law, corrective action by the department may include withholding the sponsor's funding and suspending the sponsor's authority to sponsor a school that it currently sponsors or to sponsor any additional school until the sponsor is reauthorized by the state board of education.

Missouri law allows the charter sponsor to, within thirty days of receipt of the notice of the commissioner's recommendation, provide a written statement and other documentation to show cause as to why that action should not be taken. According to the law, final determination of corrective action shall be determined by the state board of education based upon a review of the documentation submitted to the department and the charter sponsor.

If the state board removes an authorizer's ability to authorize charter schools, the law requires the Missouri Charter Public School Commission to serve as the authorizer of any schools sponsored by the entity losing its ability to authorize charters.

To defray the expenses associated with authorizing, Missouri law requires the state department of education to retain and provide to the authorizer one and five-tenths percent of the amount of state and local funding allocated to the charter school.
Regulations require authorizers to submit an annual report how they are spending their authorizing fees.
The law allows charter schools to enter into contracts with districts for the provision of services, but it silent about allowing charters to enter into contracts with non-district authorizers for the provision of services.

Missouri law provides application elements for all schools and additional application elements when using educational service providers. Missouri law requires authorizers to develop the policies and procedures for the review of a charter school proposal including an application that provides sufficient information for rigorous evaluation of the proposed charter and provides clear documentation that the education program and academic program are aligned with the state standards and grade-level expectations, and provides clear documentation of effective governance and management structures, and a sustainable operational plan.
The law requires an authorizer to notify the applicant in writing as to the reasons for the denial of the application and forward to the state board of education within five business days.

Missouri law requires the negotiation of separate contracts with charter schools that clearly articulate the right and responsibilities of each party regarding school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences, and other material terms.
The law requires the application/contract to define the responsibilities of the charter school and the authorizer.

The law requires the application/contract to contain a description of the charter school's pupil performance standards and academic program performance standards. According to the law, the charter school program shall be designed to enable each pupil to achieve such standards and shall contain a complete set of indicators, measures, metrics, and targets for academic program performance, including specific goals on graduation rates and standardized test performance and academic growth.

Missouri law provides that the term of charter agreements must be five years.
Missouri law requires the negotiation of separate contracts with charter schools that clearly articulate the right and responsibilities of each party regarding school autonomy, expected outcomes, measures for evaluating success or failure, performance consequences, and other material terms.

The law requires the application/contract to define the responsibilities of the charter school and the authorizer.

The law requires the application/contract to contain a description of the charter school's pupil performance standards and academic program performance standards. According to the law, the charter school program shall be designed to enable each pupil to achieve such standards and shall contain a complete set of indicators, measures, metrics, and targets for academic program performance, including specific goals on graduation rates and standardized test performance and academic growth.

Missouri law provides that the term of charter agreements must be five years.

Missouri law requires that, upon approving an application, the authorizer must create and submit to the state board of education a monitoring plan under which they will evaluate the academic performance of students enrolled in each charter school.
The law requires sponsors to annually review the charter school's compliance with statutory standards including: participation in the statewide system of assessments; assurances for the completion and distribution of an annual report card; the collection of baseline data during the first three years of operation to determine the longitudinal success of the charter school; a method to measure pupil progress toward the pupil academic standards adopted by the state board of education; and publication of each charter school's annual performance report.

The law requires charter schools to have a certified public accountant conduct an annual audit, submit an annual financial report, and use practices consistent with the Missouri Financial Accounting Manual.

According to the law, a sponsor's intervention policies shall give schools clear, adequate, evidence-based, and timely notice of contract violations or performance deficiencies and mandate intervention based upon findings of the state board of education of the following: the charter school provides a high school program which fails to maintain a graduation rate of at least seventy percent in three of the last four school years unless the school has dropout recovery as its mission; the charter school's annual performance report results are below the district's annual performance report results based on the performance standards that are applicable to the grade level configuration of both the charter school and the district in which the charter school is located in three of the last four school years; and the charter school is identified as a persistently lowest achieving school by the department of elementary and secondary education.

The law requires an authorizer to take all reasonable steps to confirm that each charter school authorized by it is in material compliance with all of its obligations under its charter and the law. The law requires a charter school to provide enough information for them to make this analysis.

Under Missouri law, charter schools must present annual school report cards that include comprehensive measures of student progress to the state department of education and disseminated by the state annually.

By October 1 of each year, the law requires the sponsor of each charter school to review the information submitted on the report required by state law to identify charter schools experiencing financial stress. The law authorizes the state department of elementary and secondary education to obtain such additional information from a charter school as may be necessary to determine the financial condition of the charter school. Annually, the law requires the department of education to provide a listing of charter schools identified as experiencing financial stress to the governor, speaker of the house of representatives, and president pro tempore of the senate

According to the law, a sponsor shall notify by November first the governing board of the charter school identified as experiencing financial stress. Upon receiving the notification, the governing board shall develop, or cause to have developed, and shall approve a budget and education plan on forms provided by the sponsor. The budget and education plan shall be submitted to the sponsor, signed by the officers of the charter school, within forty-five calendar days of notification that the charter school has been identified as experiencing financial stress. Minimally, the budget and education plan shall: give assurances that adequate educational services to students of the charter school shall continue uninterrupted for the remainder of the current school year and that the charter school can provide the minimum number of school days and hours required by state law; outline a procedure to be followed by the charter school to report to charter school patrons about the financial condition of the charter school; and detail the expenditure reduction measures, revenue increases, or other actions to be taken by the charter school to address its condition of financial stress.

According to the law, upon receipt and following review of any budget and education plan, the sponsor may make suggestions to improve the plan. Nothing in state law shall exempt a charter school from submitting a budget and education plan to the sponsor following each such notification that a charter school has been identified as experiencing financial stress, except that the sponsor may permit a charter school's governing board to make amendments to or update a budget and education plan previously submitted to the sponsor.

The law allows the department to withhold any payment of financial aid otherwise due to the charter school.

The law allows authorizers to place a school on probation to allow implementation of a remedial plan, which may require a change in methodology or leadership or both. If unsuccessful, the law allows the authorizer to revoke the charter.

The law includes implicit requirements that schools seeking renewal must apply for it.
According to Missouri law, a sponsor's renewal process of a charter school shall be based on the thorough analysis of a comprehensive body of objective evidence and consider if:

• The charter school has maintained results on its annual performance report that meet or exceed the district in which the charter school is located based on the performance standards that are applicable to the grade level configuration of both the charter school and the district in which the charter school is located in three of the last four school years.
• The charter school is organizationally and fiscally viable determining at a minimum that the school does not have a negative balance in its operating funds, a combined balance of less than three percent of the amount expended for such funds during the previous fiscal year, or expenditures that exceed receipts for the most recently completed fiscal year.
• The charter is in compliance with its legally binding performance contract and certain sections of state law.

Missouri law indicates that high-quality charter schools shall be provided expedited opportunities to replicate and expand and may be renewed for a longer time period.

The law requires a sponsor to have a policy to revoke a charter during the charter term if there is clear evidence of underperformance as demonstrated in the charter school’s annual performance report in three of the last four school years or a violation of the law or the public trust that imperils students or public funds.

Under Missouri law, an authorizer can revoke a charter or take other appropriate remedial action, which may include placing the charter school on probationary status for no more than twenty-four months, provided that no more than one designation of probationary status shall be allowed for the duration of the charter contract, at any time if the charter school commits a serious breach of one or more provisions of its charter or on any of the following grounds: failure to meet the performance contract as set forth in its charter, failure to meet generally accepted standards of fiscal management, or violation of law.

Before revoking a charter, the law requires authorizers to provide appropriate due process protections to the school, including a timely written notice of an intent to revoke and a formal hearing upon request of the school’s board.

The law provides that renewal terms are for not less than five years nor greater than 10 years.

The law requires authorizers to hold administrative hearings upon a recommendation of revocation.

Along with data reflecting the academic performance standards indicated in state law, the law requires the sponsor to submit a revised charter application to the state board of education for review and renewal.

Beginning August first during the year in which a charter is considered for renewal, the law requires a charter school sponsor to demonstrate to the state board of education that the charter school is in compliance with federal and state law as provided in certain sections of state law and the school's performance contract including but not limited to those requirements specific to academic performance.

The law requires the state board of education to vote on a charter up for renewal at a regularly scheduled board meeting. The law also requires the state board of education to renew a school’s charter if a charter school sponsor demonstrates the objectives identified in state law. The law does not require authorizers to state reasons for non-renewals and revocations in writing.

The law requires charter contracts to contain procedures to be implemented if the charter school should close including: orderly transition of student records to new schools and archival of student records; archival of business operation and transfer or repository of personnel records; submission of final financial reports; resolution of any remaining financial obligations; disposition of the charter school's assets upon closure; and a notification plan to inform parents or guardians of students, the local school district, the retirement system in which the charter school's employees participate, and the state board of education within thirty days of the decision to close.

For all new or revised charters, the law requires charter contracts to contain procedures to be used upon closure of the charter school requiring that unobligated assets of the charter school be returned to the state department of elementary and secondary education for their disposition, which upon receipt of such assets shall return them to the local school district in which the school was located, the state, or any other entity to which they would belong.

Missouri law allows contracting with all types of educational service providers.
In the case of a proposed charter school that intends to contract with an education service provider for substantial educational services or management services, the law requires the charter school applicant to:

• Provide evidence of the education service provider's success in serving student populations similar to the targeted population, including demonstrated academic achievement as well as successful management of nonacademic school functions, if applicable;
• Provide a term sheet setting forth the proposed duration of the service contract; roles and responsibilities of the governing board, the school staff, and the service provider; scope of services and resources to be provided by the service provider; performance evaluation measures and time lines; compensation structure, including clear identification of all fees to be paid to the service provider; methods of contract oversight and enforcement; investment disclosure; and conditions for renewal and termination of the contract;
• Disclose any known conflicts of interest between the school governing board and proposed service provider or any affiliated business entities;
• Disclose and explain any termination or nonrenewal of contracts for equivalent services for any other charter school in the United States within the past five years;
• Ensure that the legal counsel for the charter school shall report directly to the charter school's governing board; and
• Provide a process to ensure that the expenditures that the educational service provider intends to bill to the charter school shall receive prior approval of the governing board or its designee.

Missouri law states that charter school governing board members may not have any substantial interest in any entity employed by, or contracting with, the board. It also states that board members cannot be employees of a company that provides substantial services to the charter school and it requires them to meet financial disclosure requirements.

Missouri law states that charter schools are not exempt from criminal background checks and that all such checks are required for teachers and others coming in contact with students.

Missouri law requires that charter schools incorporate as non-profit entities with various powers, such as entering into partnership contracts for services to support the school and incurring debt in advance of receiving funds. Statute indicates that charter schools can incur bonded indebtedness or take other measures to provide for physical facilities or other needs.
Under Missouri law, charter school board members are selected as officers of the nonprofit charter school and must follow financial disclosure requirements. They are subject to the same liability for acts while in office as if they were members of traditional school boards.

According to Missouri law, a charter school shall enroll:
• All pupils resident in the district in which it operates;
• Nonresident pupils eligible to attend a district's school under an urban voluntary transfer program;
• Nonresident students currently enrolled in an unaccredited school district.
• In the case of a charter school whose mission includes student drop-out prevention or recovery, any nonresident pupil from the same or an adjacent county who resides in a residential care facility, a transitional living group home, or an independent living program whose last school of enrollment is in the school district where the charter school is established, who submits a timely application; and
• In the case of a workplace charter school, any student eligible whose parent is employed in the business district, who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. The configuration of a business district shall be set forth in the charter and shall not be construed to create an undue advantage for a single employer or small number of employers.

Missouri law provides that a charter school shall not limit admission based on race, ethnicity, national origin, disability, income level, proficiency in the English language or athletic ability.

Missouri law provides that a charter school may establish a geographical area around the school whose residents will receive a preference for enrolling in the school, provided that such preferences do not result in the establishment of racially or socioeconomically isolated schools and provided such preferences conform to policies and guidelines established by the state board of education. It allows a charter school to give a preference for admission of children whose siblings attend the school or whose parents are employed at the school. The law allows charter schools to give a preference for admission to high-risk students, as defined in state law, when the school targets these students through its proposed mission, curriculum, teaching methods, and services. Missouri law provides that a charter school may give a preference for admission to students who will be eligible for the free and reduced-price lunch program in the upcoming school year

Missouri law requires that charter schools follow an admission process that ensures students an equal chance of admission.

Missouri law exempts charter schools from all state and district statutes, rules, and education code provisions except those explicitly applying to charters (i.e., state, county, or city laws and regulations relating to health and safety, minimum educational standards, notification of criminal conduct to law enforcement authorities, criminal background checks, assessment, transmittal of school records, and minimum attendance requirements).
Missouri law provides that 20% of charter school teachers are exempt from certification in Missouri if they are working towards certification and have expertise in the content area. It also allows foreign language programs flexibility in determining certification status of teachers from other countries.

Missouri law permits (but does not require) collective bargaining for non-charter public school teachers. When collective bargaining does take place, however, it is required to address two topics: wages, and terms and conditions of employment. The law is silent on all other commonly bargained topics, neither prohibiting nor permitting their inclusion in negotiations.Missouri law provides that charter schools are exempt from participation in any district collective bargaining agreements.
Prior to the Supreme Court’s ruling in Janus v. AFSCME, Missouri allowed mandatory agency fees. The Supreme Court decision renders that state law unconstitutional. There has not been any reactive legislation enacted.
To be certified as an exclusive representative, a labor organization must present card signatures representing at least 30 percent of public employees in the unit to the State Board of Mediation, which will verify the petition and hold an election. The election ballot must include any organization that has demonstrated support from at least 30 percent of employees, as well as an option for no representative. The election is decided by majority vote, and recertification must occur every three years.Missouri law provides that charter schools are exempt from participation in any district collective bargaining agreements.

Missouri law is silent regarding these arrangements. However, such arrangements are happening in practice.

Missouri law is silent about charter eligibility and access.

Missouri law provides that a charter school must provide special education services and may provide them pursuant to a contract with the district or any other entity for services. The law requires the state to provide the proportionate share of state and federal resources for students with disabilities and staff that serve them to charter schools enrolling those students. The law allows charter schools to apply for the special education high cost pool.

Under Missouri law, for the purposes of the calculation and distribution of state aid, pupils enrolled in charter schools are included in the pupil enrollment of the school district where the student resides in the application of the state's per-pupil funding formula.
Missouri law requires districts to pay to charter schools per pupil funding in accordance with a state funding formula as well as other federal and state aid attributable to the charter school. It requires the district to make such payments no later than 20 days following receipt of such funds.

Missouri law provides that charter schools are eligible for state transportation aid and are free to contract with the local district or any other entity for such services.

In a national study of charter school funding (University of Arkansas, Charter School Funding: Inequity Persists, 2014), Missouri charter schools were receiving on average $11,857 per pupil in public funds, while traditional public schools would have received $17,787 for those students. As a result, the state's charter schools were receiving $5,930 per pupil - or 33.3% - less than what the traditional public schools would have received for those students. This figure includes all sources of funding, and analysis reveals continued inequities for both operational and capital funding (see component #19 for information on capital issues).

Missouri law provides that a school district may incur bonded indebtedness or take other measures to provide for physical facilities for charter schools that it authorizes or with which it contracts.
Missouri law also allows charter schools to access bonds through the Missouri Health & Educational Facilities Authority.

Under Missouri law, charter schools must participate in the employee retirement systems in their school districts.

Missouri law does not include any of the model law’s provisions for full-time virtual charter schools.