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Section: 160.0400 Charter schools, defined, St. Louis City and Kansas City school districts--sponsors--use of public school buildings--organization of charter schools--affiliations with college or university--criminal background check required. RSMO ...


Published: 2015

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Missouri Revised Statutes













Chapter 160

Schools--General Provisions

←160.375

Section 160.400.1

160.403→

August 28, 2015

Charter schools, defined, St. Louis City and Kansas City school districts--sponsors--use of public school buildings--organization of charter schools--affiliations with college or university--criminal background check required.

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



2. Except as further provided in subsection 4 of this section,

charter schools may be operated only:



(1) In a metropolitan school district;



(2) In an urban school district containing most or all of a city with

a population greater than three hundred fifty thousand inhabitants;



(3) In a school district that has been declared unaccredited;



(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 following conditions:



(a) The eligibility for charter schools of any school district whose

provisional accreditation is based in whole or in part on financial stress

as defined in sections 161.520 to 161.529, or on financial hardship as

defined by rule of the state board of education, shall be decided by a vote

of the state board of education during the third consecutive school year

after the designation of provisional accreditation; and



(b) The sponsor is limited to the local school board or a sponsor who

has met the standards of accountability and performance as determined by

the department based on sections 160.400 to 160.425 and section 167.349 and

properly promulgated rules of the department; or



(5) In a school district that has been accredited without provisions,

sponsored only by the local school board; provided that no board with a

current year enrollment of one thousand five hundred fifty students or

greater shall permit more than thirty-five percent of its student

enrollment to enroll in charter schools sponsored by the local board under

the authority of this subdivision, except that this restriction shall not

apply to any school district that subsequently becomes eligible under

subdivision* (3) or (4) of this subsection or to any district accredited

without provisions that sponsors charter schools prior to having a current

year student enrollment of one thousand five hundred fifty students or

greater.



3. Except as further provided in subsection 4 of this section, the

following entities are eligible to sponsor charter schools:



(1) The school board of the district in any district which is

sponsoring a charter school as of August 27, 2012, as permitted under

subdivision (1) or (2) of subsection 2 of this section, the special

administrative board of a metropolitan school district during any time in

which powers granted to the district's board of education are vested in a

special administrative board, or if the state board of education appoints a

special administrative board to retain the authority granted to the board

of education of an urban school district containing most or all of a city

with a population greater than three hundred fifty thousand inhabitants,

the special administrative board of such school district;



(2) A public four-year college or university with an approved teacher

education program that meets regional or national standards of

accreditation;



(3) A community college, the service area of which encompasses some

portion of the district;



(4) 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;



(5) Any two-year private vocational or technical school designated as

a 501(c)(3) nonprofit organization under the Internal Revenue Code of 1986,

as amended, which is a member of the North Central Association and

accredited by the Higher Learning Commission, with its primary campus in

Missouri; or



(6) The Missouri charter public school commission created in section

160.425.



4. Changes in a school district's accreditation status that affect

charter schools shall be addressed as follows, except for the districts

described in subdivisions (1) and (2) of subsection 2 of this section:



(1) As a district transitions from unaccredited to provisionally

accredited, the district shall continue to fall under the requirements for

an unaccredited district until it achieves three consecutive full school

years of provisional accreditation;



(2) As a district transitions from provisionally accredited to full

accreditation, the district shall continue to fall under the requirements

for a provisionally accredited district until it achieves three consecutive

full school years of full accreditation;



(3) In any school district classified as unaccredited or

provisionally accredited where a charter school is operating and is

sponsored by an entity other than the local school board, when the school

district becomes classified as accredited without provisions, a charter

school may continue to be sponsored by the entity sponsoring it prior to

the classification of accredited without provisions and shall not be

limited to the local school board as a sponsor.

A charter school operating in a school district identified in subdivision

(1) or (2) of subsection 2 of this section may be sponsored by any of the

entities identified in subsection 3 of this section, irrespective of the

accreditation classification of the district in which it is located. A

charter school in a district described in this subsection whose charter

provides for the addition of grade levels in subsequent years may continue

to add levels until the planned expansion is complete to the extent of

grade levels in comparable schools of the district in which the charter

school is operated.



5. The mayor of a city not within a county may request a sponsor

under subdivision (2), (3), (4), (5), or (6) of subsection 3 of this

section to consider sponsoring a "workplace charter school", which is

defined for purposes of sections 160.400 to 160.425 as a charter school

with the ability to target prospective students whose parent or parents are

employed in a business district, as defined in the charter, which is

located in the city.



6. No sponsor shall receive from an applicant for a charter school

any fee of any type for the consideration of a charter, nor may a sponsor

condition its consideration of a charter on the promise of future payment

of any kind.



7. The charter school shall be organized as a Missouri nonprofit

corporation incorporated pursuant to chapter 355. The charter provided for

herein shall constitute a contract between the sponsor and the charter

school.



8. As a nonprofit corporation incorporated pursuant to chapter 355,

the charter school shall select the method for election of officers

pursuant to section 355.326 based on the class of corporation selected.

Meetings of the governing board of the charter school shall be subject to

the provisions of sections 610.010 to 610.030.



9. A sponsor of a charter school, its agents and employees are not

liable for any acts or omissions of a charter school that it sponsors,

including acts or omissions relating to the charter submitted by the

charter school, the operation of the charter school and the performance of

the charter school.



10. A charter school may affiliate with a four-year college or

university, including a private college or university, or a community

college as otherwise specified in subsection 3 of this section when its

charter is granted by a sponsor other than such college, university or

community college. Affiliation status recognizes a relationship between

the charter school and the college or university for purposes of teacher

training and staff development, curriculum and assessment development, use

of physical facilities owned by or rented on behalf of the college or

university, and other similar purposes. A university, college or community

college may not charge or accept a fee for affiliation status.



11. The expenses associated with sponsorship of charter schools shall

be defrayed by the department of elementary and secondary education

retaining one and five-tenths percent of the amount of state and local

funding allocated to the charter school under section 160.415, not to

exceed one hundred twenty-five thousand dollars, adjusted for inflation.

The department of elementary and secondary education shall remit the

retained funds for each charter school to the school's sponsor, provided

the sponsor remains in good standing by fulfilling its sponsorship

obligations under sections 160.400 to 160.425 and 167.349 with regard to

each charter school it sponsors, including appropriate demonstration of the

following:



(1) Expends no less than ninety percent of its charter school

sponsorship funds in support of its charter school sponsorship program, or

as a direct investment in the sponsored schools;



(2) Maintains a comprehensive application process that follows fair

procedures and rigorous criteria and grants charters only to those

developers who demonstrate strong capacity for establishing and operating a

quality charter school;



(3) Negotiates contracts with charter schools that clearly articulate

the rights and responsibilities of each party regarding school autonomy,

expected outcomes, measures for evaluating success or failure, performance

consequences, and other material terms;



(4) Conducts contract oversight that evaluates performance, monitors

compliance, informs intervention and renewal decisions, and ensures

autonomy provided under applicable law; and



(5) Designs and implements a transparent and rigorous process that

uses comprehensive data to make merit-based renewal decisions.



12. Sponsors receiving funds under subsection 11 of this section

shall be required to submit annual reports to the joint committee on

education demonstrating they are in compliance with subsection 17 of this

section.



13. No university, college or community college shall grant a charter

to a nonprofit corporation if an employee of the university, college or

community college is a member of the corporation's board of directors.



14. No sponsor shall grant a charter under sections 160.400 to

160.425 and 167.349 without ensuring that a criminal background check and

family care safety registry check are conducted for all members of the

governing board of the charter schools or the incorporators of the charter

school if initial directors are not named in the articles of incorporation,

nor shall a sponsor renew a charter without ensuring a criminal background

check and family care registry check are conducted for each member of the

governing board of the charter school.



15. No member of the governing board of a charter school shall hold

any office or employment from the board or the charter school while serving

as a member, nor shall the member have any substantial interest, as defined

in section 105.450, in any entity employed by or contracting with the

board. No board member shall be an employee of a company that provides

substantial services to the charter school. All members of the governing

board of the charter school shall be considered decision-making public

servants as defined in section 105.450 for the purposes of the financial

disclosure requirements contained in sections 105.483, 105.485, 105.487,

and 105.489.



16. A sponsor shall develop the policies and procedures for:



(1) 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;



(2) The granting of a charter;



(3) The performance framework that the sponsor will use to evaluate

the performance of charter schools;



(4) The sponsor's intervention, renewal, and revocation policies,

including the conditions under which the charter sponsor may intervene in

the operation of the charter school, along with actions and consequences

that may ensue, and the conditions for renewal of the charter at the end of

the term, consistent with subsections 8 and 9 of section 160.405;



(5) Additional criteria that the sponsor will use for ongoing

oversight of the charter; and



(6) Procedures to be implemented if a charter school should close,

consistent with the provisions of subdivision (15) of subsection 1 of

section 160.405.

The department shall provide guidance to sponsors in developing such

policies and procedures.



17. (1) A sponsor shall provide timely submission to the state board

of education of all data necessary to demonstrate that the sponsor is in

material compliance with all requirements of sections 160.400 to 160.425

and section 167.349. The state board of education shall ensure each

sponsor is in compliance with all requirements under sections 160.400 to

160.425 and 167.349 for each charter school sponsored by any sponsor. The

state board shall notify each sponsor of the standards for sponsorship of

charter schools, delineating both what is mandated by statute and what best

practices dictate. The state board shall evaluate sponsors to determine

compliance with these standards every three years. The evaluation shall

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. Nothing shall preclude the

department from undertaking an evaluation at any time for cause.



(2) 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 commissioner of

education shall 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. 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

under section 160.403.



(3) The charter sponsor may, 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. 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.



(4) If the state board removes the authority to sponsor a currently

operating charter school under any provision of law, the Missouri charter

public school commission shall become the sponsor of the school.



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

2012 S.B. 576)



*Word "subdivisions" appears in original rolls.





2009

2006

1998



2009



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



2. Charter schools may be operated only in a metropolitan school district

or in an urban school district containing most or all of a city with a

population greater than three hundred fifty thousand inhabitants and may 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 campus in

the school district or in a county adjacent to the county in which the

district is located, with an approved teacher education program that meets

regional 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 not

within a county with an enrollment of at least one thousand students, and

with an approved teacher preparation program.



3. The mayor of a city not within a county may request a sponsor under

subdivision (2), (3), or (4) of subsection 2 of this section to consider

sponsoring a "workplace charter school", which is defined for purposes of

sections 160.400 to 160.420 as a charter school with the ability to target

prospective students whose parent or parents are employed in a business

district, as defined in the charter, which is located in the city.



4. No sponsor shall receive from an applicant for a charter school any

fee of any type for the consideration of a charter, nor may a sponsor

condition its consideration of a charter on the promise of future payment of

any kind.



5. The charter school shall be a Missouri nonprofit corporation

incorporated pursuant to chapter 355. The charter provided for herein shall

constitute a contract between the sponsor and the charter school.



6. As a nonprofit corporation incorporated pursuant to chapter 355, the

charter school shall select the method for election of officers pursuant to

section 355.326 based on the class of corporation selected. Meetings of the

governing board of the charter school shall be subject to the provisions of

sections 610.010 to 610.030, the open meetings law.



7. A sponsor of a charter school, its agents and employees are not liable

for any acts or omissions of a charter school that it sponsors, including

acts or omissions relating to the charter submitted by the charter school, the

operation of the charter school and the performance of the charter school.



8. A charter school may affiliate with a four-year college or university,

including a private college or university, or a community college as

otherwise specified in subsection 2 of this section when its charter is

granted by a sponsor other than such college, university or community college.

Affiliation status recognizes a relationship between the charter school and

the college or university for purposes of teacher training and staff

development, curriculum and assessment development, use of physical

facilities owned by or rented on behalf of the college or university, and

other similar purposes. The primary campus of the college or university must

be located within the county in which the school district lies wherein the

charter school is located or in a county adjacent to the county in which the

district is located. A university, college or community college may not

charge or accept a fee for affiliation status.



9. The expenses associated with sponsorship of charter schools shall be

defrayed by the department of elementary and secondary education retaining

one and five-tenths percent of the amount of state and local funding

allocated to the charter school under section 160.415, not to exceed one

hundred twenty-five thousand dollars, adjusted for inflation. Such amount

shall not be withheld when the sponsor is a school district or the state

board of education. The department of elementary and secondary education

shall remit the retained funds for each charter school to the school's

sponsor, provided the sponsor remains in good standing by fulfilling its

sponsorship obligations under sections 160.400 to 160.420 and 167.349 with

regard to each charter school it sponsors, including appropriate

demonstration of the following:



(1) Expends no less than ninety percent of its charter school

sponsorship funds in support of its charter school sponsorship program, or as

a direct investment in the sponsored schools;



(2) Maintains a comprehensive application process that follows fair

procedures and rigorous criteria and grants charters only to those developers

who demonstrate strong capacity for establishing and operating a quality

charter school;



(3) Negotiates contracts with charter schools that clearly articulate

the rights and responsibilities of each party regarding school autonomy,

expected outcomes, measures for evaluating success or failure, performance

consequences, and other material terms;



(4) Conducts contract oversight that evaluates performance, monitors

compliance, informs intervention and renewal decisions, and ensures autonomy

provided under applicable law; and



(5) Designs and implements a transparent and rigorous process that uses

comprehensive data to make merit-based renewal decisions.



10. No university, college or community college shall grant a charter to

a nonprofit corporation if an employee of the university, college or

community college is a member of the corporation's board of directors.



11. No sponsor shall grant a charter under sections 160.400 to 160.420

and 167.349 without ensuring that a criminal background check and child abuse

registry check are conducted for all members of the governing board of the

charter schools or the incorporators of the charter school if initial

directors are not named in the articles of incorporation, nor shall a sponsor

renew a charter without ensuring a criminal background check and child abuse

registry check are conducted for each member of the governing board of the

charter school.



12. No member of the governing board of a charter school shall hold any

office or employment from the board or the charter school while serving as a

member, nor shall the member have any substantial interest, as defined in

section 105.450, in any entity employed by or contracting with the board. No

board member shall be an employee of a company that provides substantial

services to the charter school. All members of the governing board of the

charter school shall be considered decision-making public servants as defined

in section 105.450 for the purposes of the financial disclosure requirements

contained in sections 105.483, 105.485, 105.487, and 105.489.



13. A sponsor shall provide timely submission to the state board of

education of all data necessary to demonstrate that the sponsor is in

material compliance with all requirements of sections 160.400 to 160.420 and

167.349.



14. The state board of education shall ensure each sponsor is in

compliance with all requirements under sections 160.400 to 160.420 and

167.349 for each charter school sponsored by any sponsor. The state board

shall notify each sponsor of the standards for sponsorship of charter schools,

delineating both what is mandated by statute and what best practices dictate.

The state board, after a public hearing, may require remedial action for a

sponsor that it finds has not fulfilled its obligations of sponsorship, such

remedial actions including withholding the sponsor's funding and suspending

for a period of up to one year the sponsor's authority to sponsor a school

that it currently sponsors or to sponsor any additional school. If the state

board removes the authority to sponsor a currently operating charter school,

the state board shall become the interim sponsor of the school for a period

of up to three years until the school finds a new sponsor or until the

charter contract period lapses.



2006



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



2. Charter schools may be operated only in a metropolitan school

district or in an urban school district containing most or all of a city

with a population greater than three hundred fifty thousand inhabitants and

may 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 campus

in the school district or in a county adjacent to the county in which the

district is located, with an approved teacher education program that meets

regional 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 not

within a county with an enrollment of at least one thousand students, and

with an approved teacher preparation program.



3. The mayor of a city not within a county may request a sponsor

under subdivision (2), (3), or (4) of subsection 2 of this section to

consider sponsoring a workplace charter school, which is defined for

purposes of sections 160.400 to 160.420 as a charter school with the

ability to target prospective students whose parent or parents are employed

in a business district, as defined in the charter, which is located in the

city.



4. No sponsor shall receive from an applicant for a charter school

any fee of any type for the consideration of a charter, nor may a sponsor

condition its consideration of a charter on the promise of future payment

of any kind.



5. The charter school shall be a Missouri nonprofit corporation

incorporated pursuant to chapter 355, RSMo. The charter provided for

herein shall constitute a contract between the sponsor and the charter

school.



6. As a nonprofit corporation incorporated pursuant to chapter 355,

RSMo, the charter school shall select the method for election of officers

pursuant to section 355.326, RSMo, based on the class of corporation

selected. Meetings of the governing board of the charter school shall be

subject to the provisions of sections 610.010 to 610.030, RSMo, the open

meetings law.



7. A sponsor of a charter school, its agents and employees are not

liable for any acts or omissions of a charter school that it sponsors,

including acts or omissions relating to the charter submitted by the

charter school, the operation of the charter school and the performance of

the charter school.



8. A charter school may affiliate with a four-year college or

university, including a private college or university, or a community

college as otherwise specified in subsection 2 of this section when its

charter is granted by a sponsor other than such college, university or

community college. Affiliation status recognizes a relationship between

the charter school and the college or university for purposes of teacher

training and staff development, curriculum and assessment development, use

of physical facilities owned by or rented on behalf of the college or

university, and other similar purposes. The primary campus of the college

or university must be located within the county in which the school

district lies wherein the charter school is located or in a county adjacent

to the county in which the district is located. A university, college or

community college may not charge or accept a fee for affiliation status.



9. The expenses associated with sponsorship of charter schools shall

be defrayed by the department of elementary and secondary education

retaining one and five-tenths percent of the amount of state and local

funding allocated to the charter school under section 160.415, not to

exceed one hundred twenty-five thousand dollars, adjusted for inflation.

Such amount shall not be withheld when the sponsor is a school district or

the state board of education. The department of elementary and secondary

education shall remit the retained funds for each charter school to the

school's sponsor, provided the sponsor remains in good standing by

fulfilling its sponsorship obligations under sections 160.400 to 160.420

and 167.349, RSMo, with regard to each charter school it sponsors.



10. No university, college or community college shall grant a charter

to a nonprofit corporation if an employee of the university, college or

community college is a member of the corporation's board of directors.



11. No sponsor shall grant a charter under sections 160.400 to

160.420 and 167.349, RSMo, without ensuring that a criminal background

check and child abuse registry check are conducted for all members of the

governing board of the charter schools or the incorporators of the charter

school if initial directors are not named in the articles of incorporation,

nor shall a sponsor renew a charter without ensuring a criminal background

check and child abuse registry check are conducted for each member of the

governing board of the charter school.



12. No member of the governing board of a charter school shall hold

any office or employment from the board or the charter school while serving

as a member, nor shall the member have any substantial interest, as defined

in section 105.450, RSMo, in any entity employed by or contracting with the

board. No board member shall be an employee of a company that provides

substantial services to the charter school. All members of the governing

board of the charter school shall be considered decision-making public

servants as defined in section 105.450, RSMo, for the purposes of the

financial 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 of

education of all data necessary to demonstrate that the sponsor is in

material compliance with all requirements of sections 160.400 to 160.420

and 167.349, RSMo.



14. The state board of education shall ensure each sponsor is in

compliance with all requirements under sections 160.400 to 160.420 and

167.349, RSMo, for each charter school sponsored by any sponsor. The state

board shall notify each sponsor of the standards for sponsorship of charter

schools, delineating both what is mandated by statute and what best

practices dictate. The state board, after a public hearing, may require

remedial action for a sponsor that it finds has not fulfilled its

obligations of sponsorship, such remedial actions including withholding the

sponsor's funding and suspending for a period of up to one year the

sponsor's authority to sponsor a school that it currently sponsors or to

sponsor any additional school. If the state board removes the authority to

sponsor a currently operating charter school, the state board shall become

the interim sponsor of the school for a period of up to three years until

the school finds a new sponsor or until the charter contract period lapses.



1998



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



2. Charter schools may be operated only in a metropolitan school

district or in an urban school district containing most or all of a city

with a population greater than three hundred fifty thousand inhabitants and

may 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 campus

in the school district or in a county adjacent to the county in which the

district is located, with an approved teacher education program that meets

regional 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 not

within a county with an enrollment of at least one thousand students, and

with an approved teacher preparation program.



3. The mayor of a city not within a county may request a sponsor

under subdivision (2), (3), or (4) of subsection 2 of this section to

consider sponsoring a workplace charter school, which is defined for

purposes of sections 160.400 to 160.420 as a charter school with the

ability to target prospective students whose parent or parents are employed

in a business district, as defined in the charter, which is located in the

city.



4. No sponsor shall receive from an applicant for a charter school

any fee of any type for the consideration of a charter, nor may a sponsor

condition its consideration of a charter on the promise of future payment

of any kind.



5. The charter school shall be a Missouri nonprofit corporation

incorporated pursuant to chapter 355, RSMo. The charter provided for

herein shall constitute a contract between the sponsor and the charter

school.



6. As a nonprofit corporation incorporated pursuant to chapter 355,

RSMo, the charter school shall select the method for election of officers

pursuant to section 355.326, RSMo, based on the class of corporation

selected. Meetings of the governing board of the charter school shall be

subject to the provisions of sections 610.010 to 610.030, RSMo, the open

meetings law.



7. A sponsor of a charter school, its agents and employees are not

liable for any acts or omissions of a charter school that it sponsors,

including acts or omissions relating to the charter submitted by the

charter school, the operation of the charter school and the performance of

the charter school.



8. A charter school may affiliate with a four-year college or

university, including a private college or university, or a community

college as otherwise specified in subsection 2 of this section when its

charter is granted by a sponsor other than such college, university or

community college. Affiliation status recognizes a relationship between

the charter school and the college or university for purposes of teacher

training and staff development, curriculum and assessment development, use

of physical facilities owned by or rented on behalf of the college or

university, and other similar purposes. The primary campus of the college

or university must be located within the county in which the school

district lies wherein the charter school is located or in a county adjacent

to the county in which the district is located. A university, college or

community college may not charge or accept a fee for affiliation status.



9. The expenses associated with sponsorship of charter schools shall

be defrayed by the department of elementary and secondary education

retaining one and five-tenths percent of the amount of state and local

funding allocated to the charter school under section 160.415, not to

exceed one hundred twenty-five thousand dollars, adjusted for inflation.

Such amount shall not be withheld when the sponsor is a school district or

the state board of education. The department of elementary and secondary

education shall remit the retained funds for each charter school to the

school's sponsor, provided the sponsor remains in good standing by

fulfilling its sponsorship obligations under sections 160.400 to 160.420

and 167.349, RSMo, with regard to each charter school it sponsors.



10. No university, college or community college shall grant a charter

to a nonprofit corporation if an employee of the university, college or

community college is a member of the corporation's board of directors.



11. No sponsor shall grant a charter under sections 160.400 to

160.420 and 167.349, RSMo, without ensuring that a criminal background

check and child abuse registry check are conducted for all members of the

governing board of the charter schools or the incorporators of the charter

school if initial directors are not named in the articles of incorporation,

nor shall a sponsor renew a charter without ensuring a criminal background

check and child abuse registry check are conducted for each member of the

governing board of the charter school.



12. No member of the governing board of a charter school shall hold

any office or employment from the board or the charter school while serving

as a member, nor shall the member have any substantial interest, as defined

in section 105.450, RSMo, in any entity employed by or contracting with the

board. No board member shall be an employee of a company that provides

substantial services to the charter school. All members of the governing

board of the charter school shall be considered decision-making public

servants as defined in section 105.450, RSMo, for the purposes of the

financial 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 of

education of all data necessary to demonstrate that the sponsor is in

material compliance with all requirements of sections 160.400 to 160.420

and 167.349, RSMo.



14. The state board of education shall ensure each sponsor is in

compliance with all requirements under sections 160.400 to 160.420 and

167.349, RSMo, for each charter school sponsored by any sponsor. The state

board shall notify each sponsor of the standards for sponsorship of charter

schools, delineating both what is mandated by statute and what best

practices dictate. The state board, after a public hearing, may require

remedial action for a sponsor that it finds has not fulfilled its

obligations of sponsorship, such remedial actions including withholding the

sponsor's funding and suspending for a period of up to one year the

sponsor's authority to sponsor a school that it currently sponsors or to

sponsor any additional school. If the state board removes the authority to

sponsor a currently operating charter school, the state board shall become

the interim sponsor of the school for a period of up to three years until

the school finds a new sponsor or until the charter contract period lapses.



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