Summary of the Introduced Bill

HB 1228 -- Charter Schools

Sponsor:  Jones (63)

This bill changes the laws regarding charter schools.  In its
main provisions, the bill:

(1)  Authorizes the State Auditor to audit a charter school;

(2)  Expands the area of operation of charter schools to include
an unaccredited district or a provisionally accredited district.
In a school district that is accredited without provisions, only
the local school board may sponsor a charter school in the

(3)  Expands the entities that are eligible to sponsor a charter
school to include all public four-year colleges and universities
and any private four-year college or university with its primary
campus in the state; certain two-year private nonprofit
vocational or technical schools; the Missouri Charter Public
School Commission established in the bill; and certain charitable
organizations that are not sectarian or religious.  The bill also
expands the list of community colleges that are allowed to
sponsor charter schools and clarifies the status of school boards
that currently sponsor charter schools and other current

(4)  Requires a sponsor receiving sponsorship funds to report
annually to the Joint Committee on Education that it is in
compliance with the requirement on timely submission of data;

(5)  Requires a sponsor to develop policies and procedures for
the review of a charter school proposal, granting of a charter,
performance framework to evaluate the performance of charter
schools and the sponsor's renewal, nonrenewal, and revocation
process and closure procedures;

(6)  Requires the State Board of Education within the Department
of Elementary and Secondary Education to evaluate sponsors for
compliance with standards every three years and removes the one-
year limitation on the state board's authority to withhold funds
and suspend the sponsor's authority and allows this authority
until the sponsor is reauthorized by the state board;

(7)  Establishes an annual procedure for the application and
approval of sponsors who are not sponsoring a charter school as
of August 28, 2012;

(8)  Revises the requirements for the contents of a charter by:

(a)  Replacing the goals and objectives with a legally binding
performance contract;

(b)  Adding a procedure to ensure admission of students with
disabilities and a description of the parental grievance

(c)  Requiring a charter to be approved by the state board by
December 1 of the year prior to the proposed opening date; and

(d)  Repealing the requirement that a sponsor of three of more
charter schools must ensure that at least one of every three
charter schools it sponsors is geared toward high risk students
and revising the definition of "high risk";

(9)  Clarifies what alternative arrangements are allowed for
students to obtain academic credit and requires a study of the
effects of the alternative arrangements to assess student
performance, graduation rates, educational outcomes, and entry
into the workforce or higher education;

(10)  Limits a sponsor's ability to place a charter school on
probation to no more than 12 months for the duration of the

(11)  Changes the appeal body for a sponsor's revocation decision
from judicial review to the state board;

(12)  Revises the charter renewal process by setting August 1 as
the date for demonstrating that the school is in compliance with
state and federal law and its performance contract and submitting
a revised charter application so that its charter may be renewed
by the state board at its next meeting;

(13)  Clarifies:

(a)  The terms under which a charter school may purchase or rent
a school district facility, offering a charter school the right
of first refusal;

(b)  The residence status of nonresident pupils from certain

(c)  Admission preference for high risk students;

(d)  Limitation of admission based on gender; and

(e)  The status of students for inclusion in charter school
performance on state assessments;

(14)  Requires that a copy of any contract between the governing
board of a charter school and a management company for services
be available for public inspection;

(15)  Establishes a charter student's right to complete the
current semester if the student moves out of the district and to
complete the year if a district boundary change affects the
student's residence status;

(16)  Clarifies that foster children's educational rights are
applicable to charter schools;

(17)  Requires a proposed charter school that intends to contract
with an education service provider for substantial services to
require the applicant in the request for proposal to:

(a)  Provide evidence of the service provider's success in
serving student populations similar to the charter school's
target population;

(b)  Provide a term sheet covering the duration of services,
roles and responsibilities, scope of resources, evaluation
measures, compensation structure, oversight methods, investment
disclosure, and contract renewal and termination processes;

(c)  Disclose any known conflicts of interest;

(d)  Disclose and explain any termination or nonrenewal for
charter school services in the past five years;

(e)  Ensure that the legal counsel for the charter school
directly reports to the school's governing board; and

(f)  Provide a process to ensure prior approval by the governing
board for the payment of service provider expenditures billable
to the charter school;

(18)  Authorizes the department to withhold charter school
funding during a charter school's last year of operating until
the department determines that all records, liabilities, and
reporting requirements, including a full audit, of the school are

(19)  Establishes procedures to determine if a charter school is
financially stressed and to guide its recovery from financial
stress; and

(20)  Establishes the Missouri Charter Public School Commission
with authority to sponsor high quality charter schools.  The
commission is to consist of nine members appointed by the
Governor with the advice and consent of the Senate.  Five of the
members are to be appointed directly by Governor and one member
is to be selected by the Governor from a slate of three nominees
recommended by each of following:

(a)  The Commissioner of Education;

(b)  The Commissioner of Higher Education within the Department
of Higher Education;

(c)  The President Pro Tem of the Senate; and

(d)  The Speaker of the House of Representatives.

Copyright (c) Missouri House of Representatives

Missouri House of Representatives
Last Updated January 20, 2012 at 5:36 pm