Section 160.415

Title XI EDUCATION AND LIBRARIES

Chapter 160

Effective - 28 Aug 2024, 6 histories   

  160.415.  Distribution of state school aid for charter schools — powers and duties of governing body of charter schools — performance report. — 1.  For the purposes of calculation and distribution of state school aid under section 163.031, pupils enrolled in a charter school shall be included in the pupil enrollment of the school district within which each pupil resides.  Each charter school shall report the eligibility for free and reduced price lunch, special education, or limited English proficiency status, as well as eligibility for categorical aid, of pupils resident in a school district who are enrolled in the charter school to the school district in which those pupils reside.  The charter school shall report the average daily attendance data, free and reduced price lunch count, special education pupil count, and limited English proficiency pupil count to the state department of elementary and secondary education.  Each charter school shall promptly notify the state department of elementary and secondary education and the pupil's school district when a pupil discontinues enrollment at a charter school.

  2.  Except as provided in subsections 3 and 4 of this section, the aid payments for charter schools shall be as described in this subsection.

  (1)  A school district having one or more resident pupils attending a charter school shall pay to the charter school an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, plus local tax revenues per weighted average daily attendance from the incidental and teachers' funds in excess of the performance levy as defined in section 163.011 plus all other state aid attributable to such pupils.

  (2)  The district of residence of a pupil attending a charter school shall also pay to the charter school any other federal or state aid that the district receives on account of such pupil.

  (3)  If the department overpays or underpays the amount due to the charter school, such overpayment or underpayment shall be repaid by the charter school or credited to the charter school in twelve equal payments in the next fiscal year.

  (4)  The amounts provided pursuant to this subsection shall be prorated for partial year enrollment for a pupil.

  (5)  A school district shall pay the amounts due pursuant to this subsection as the disbursal agent and no later than twenty days following the receipt of any such funds.  The department of elementary and secondary education shall pay the amounts due when it acts as the disbursal agent within five days of the required due date.

  3.  A workplace charter school shall receive payment for each eligible pupil as provided under subsection 2 of this section, except that if the pupil is not a resident of the district and is participating in a voluntary interdistrict transfer program, the payment for such pupils shall be the same as provided under section 162.1060.

  4.  A charter school that has declared itself as a local educational agency shall receive from the department of elementary and secondary education an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, plus local tax revenues per weighted average daily attendance from the incidental and teachers funds in excess of the performance levy as defined in section 163.011 plus all other state aid attributable to such pupils.  If a charter school declares itself as a local educational agency, the department of elementary and secondary education shall, upon notice of the declaration, reduce the payment made to the school district by the amount specified in this subsection and pay directly to the charter school the annual amount reduced from the school district's payment.

  5.  If a school district fails to make timely payments of any amount for which it is the disbursal agent, the state department of elementary and secondary education shall authorize payment to the charter school of the amount due pursuant to subsection 2 of this section and shall deduct the same amount from the next state school aid apportionment to the owing school district.  If a charter school is paid more or less than the amounts due pursuant to this section, the amount of overpayment or underpayment shall be adjusted equally in the next twelve payments by the school district or the department of elementary and secondary education, as appropriate.  Any dispute between the school district and a charter school as to the amount owing to the charter school shall be resolved by the department of elementary and secondary education, and the department's decision shall be the final administrative action for the purposes of review pursuant to chapter 536.  During the period of dispute, the department of elementary and secondary education shall make every administrative and statutory effort to allow the continued education of students in their current charter school setting.

  6.  The charter school and a local school board may agree by contract for services to be provided by the school district to the charter school.  The charter school may contract with any other entity for services.  Such services may include but are not limited to food service, custodial service, maintenance, management assistance, curriculum assistance, media services and libraries and shall be subject to negotiation between the charter school and the local school board or other entity.  Documented actual costs of such services shall be paid for by the charter school.

  7.  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 request for proposals shall additionally require the charter school applicant to:

  (1)  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;

  (2)  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;

  (3)  Disclose any known conflicts of interest between the school governing board and proposed service provider or any affiliated business entities;

  (4)  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;

  (5)  Ensure that the legal counsel for the charter school shall report directly to the charter school's governing board; and

  (6)  Provide a process to ensure that the expenditures that the education service provider intends to bill to the charter school shall receive prior approval of the governing board or its designee.

  8.  A charter school may enter into contracts with community partnerships and state agencies acting in collaboration with such partnerships that provide services to students and their families linked to the school.

  9.  A charter school shall be eligible for transportation state aid pursuant to section 163.161 and shall be free to contract with the local district, or any other entity, for the provision of transportation to the students of the charter school.

  10.  (1)  The proportionate share of state and federal resources generated by students with disabilities or staff serving them shall be paid in full to charter schools enrolling those students by their school district where such enrollment is through a contract for services described in this section.  The proportionate share of money generated under other federal or state categorical aid programs shall be directed to charter schools serving such students eligible for that aid.

  (2)  A charter school shall provide the special services provided pursuant to section 162.705 and may provide the special services pursuant to a contract with a school district or any provider of such services.

  11.  A charter school shall not charge tuition or impose fees that a school district is prohibited from charging or imposing, except that a charter school may receive tuition payments from districts in the same or an adjoining county for nonresident students who transfer to an approved charter school, as defined in section 167.895, from an unaccredited district.

  12.  A charter school is authorized to incur debt in anticipation of receipt of funds.  A charter school may also borrow to finance facilities and other capital items.  A school district may incur bonded indebtedness or take other measures to provide for physical facilities and other capital items for charter schools that it sponsors or contracts with.  Except as otherwise specifically provided in sections 160.400 to 160.425, upon the dissolution of a charter school, any liabilities of the corporation will be satisfied through the procedures of chapter 355.  A charter school shall satisfy all its financial obligations within twelve months of notice from the sponsor of the charter school's closure under subsection 8 of section 160.405.  After satisfaction of all its financial obligations, a charter school shall return any remaining state and federal funds to the department of elementary and secondary education for disposition as stated in subdivision (17) of subsection 1 of section 160.405.  The department of elementary and secondary education may withhold funding at a level the department determines to be adequate during a school's last year of operation until the department determines that school records, liabilities, and reporting requirements, including a full audit, are satisfied.

  13.  Charter schools shall not have the power to acquire property by eminent domain.

  14.  The governing board of a charter school is authorized to accept grants, gifts or donations of any kind and to expend or use such grants, gifts or donations.  A grant, gift or donation shall not be accepted by the governing board if it is subject to any condition contrary to law applicable to the charter school or other public schools, or contrary to the terms of the charter.

  15.  In addition to any state aid remitted to charter schools under this section, the department of elementary and secondary education shall remit to any charter school an amount equal to the weighted average daily attendance of the charter school multiplied by the difference of:

  (1)  The amount of state aid and local aid per weighted average daily attendance received by the school district in which the charter school is located, not including any funds remitted to charter schools in the district.  For the purposes of this subdivision, the weighted average daily attendance of the school district shall not include the weighted average daily attendance of the charter schools located in the district; and

  (2)  The amount of state aid and local aid per weighted average daily attendance of the charter school received by the charter school.

  16.  Charter schools may adjust weighted average daily attendance pursuant to section 163.036.

  17.  When calculating the amounts in subdivisions (1) and (2) of subsection 15 of this section, the department shall utilize the most current data to which the department has access.

  18.  For the purposes of subsection 15 of this section:

  (1)  The definitions contained in section 163.011, shall apply;

  (2)  The term "local aid" shall mean all local and county revenue received, including, but not limited to, the following:

  (a)  Property taxes and delinquent taxes;

  (b)  Merchants' and manufacturers' tax revenues;

  (c)  Financial institutions' tax revenues;

  (d)  City sales tax revenue, including city sales tax collected in any city not within a county;

  (e)  Payments in lieu of taxes; and

  (f)  Revenues from state-assessed railroad and utilities tax;

  (3)  The term local aid shall not be construed to include:

  (a)  Charitable contributions, gifts, and grants made to school districts;

  (b)  Interest earnings of school districts and student fees paid to school districts;

  (c)  Debt service authorized by a public vote for the purpose of making payments on a bond issuance of a school district;

  (d)  Proposition C revenues received for school purposes from the school district trust fund under section 163.087; or

  (e)  Any other funding solely intended for a particular school district or their respective employees, schools, foundations, or organizations;

  (4)  The term "state aid" shall mean any revenues received pursuant to this section and sections 163.043 and 163.087.

  19.  Notwithstanding any other provision of law to the contrary, subsections 15 to 18 of this section shall be applicable to charter schools operated only in the following school districts, provided that no such school district shall be located in a county with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants:

  (1)  In a metropolitan school district;

  (2)  In an urban school district containing most or all of a city with more than four hundred thousand inhabitants and located in more than one county;

  (3)  In a school district that has been classified as unaccredited by the state board of education;

  (4)  In a school district that has been classified as provisionally accredited by the state board of education and has received scores on its annual performance report consistent with a classification of provisionally accredited or unaccredited for three consecutive school years beginning with the 2012-13 accreditation year under the conditions described in paragraphs (a) and (b) of subdivision (4) of subsection 2 of section 160.400; or

  (5)  In a school district that has been accredited without provisions, sponsored only by the local school board under the conditions described in subdivision (6) of subsection 2 of section 160.400.

  20.  (1)  The members of the governing board of a charter school shall be residents of the state of Missouri.

  (2)  Any current member of a governing board of a charter school who does not meet the requirements in subdivision (1) of this subsection may complete their term.  Such individual shall not be renominated as a member of the governing board on which he or she sits.

  21.  (1)  Any charter school management company operating a charter school in the state shall be a nonprofit corporation incorporated pursuant to chapter 355.

  (2)  Notwithstanding any provision of law to the contrary, if a charter school is operated by a charter school management company, all laws and regulations that apply to employees of such charter school shall apply to the actions of any employees of the management company while they are conducting any work relating to the direct decision-making of the operation of such charter school.

  22.  Beginning July 1, 2023, the provisions of section 160.995 shall be applicable to charter schools.

  23.  Each charter school shall publish its annual performance report on the school's website in a downloadable format.

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(L. 1998 S.B. 781 § 7, A.L. 1999 H.B. 889, A.L. 2005 S.B. 287, A.L. 2012 S.B. 576, A.L. 2016 S.B. 638, A.L. 2019 H.B. 604, A.L. 2022 H.B. 1552, A.L. 2024 S.B. 727)