KLINDT (Co-sponsors), CRAWFORD, SUMMERS, PHILLIPS, PRYOR, GROSS, PURGASON, LONG,
KELLEY (47), DOLAN, BERKSTRESSER, ENZ, BARTLESMEYER, HEGEMAN, LEVIN,
HARTZLER (124), KING, OSTMANN, GASKILL, REINHART, ALTER AND LUETKEMEYER.
Read 1st time January 17, 2000, and 1000 copies ordered printed.
ANNE C. WALKER, Chief Clerk
AN ACT
To repeal section 160.400, RSMo Supp. 1999, relating to the creation of waiver school districts, and to enact in lieu thereof two new sections relating to the same subject.
Section A. Section 160.400, RSMo Supp. 1999, is repealed and two new sections enacted in lieu thereof, to be known as sections 160.400 and 162.1090, to read as follows:
160.400. 1. A charter school is an independent, publicly supported 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]; except that a charter school in a waiver district created pursuant to section 162.1090, RSMo, may be operated anywhere in this state. Charter schools 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; or
(3) A community college located in the district.
3. A maximum of five percent of the school buildings currently in use for instructional purposes in a district may be converted to charter schools. This limitation does not apply to vacant buildings or buildings not used for instructional purposes, or to waiver districts created pursuant to section 162.1090, RSMo, wherein all buildings in those districts are converted into charter schools.
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. 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.
162.1090. 1. Any fully accredited school district of this state may, upon a majority vote of the school board of the district, declare itself a waiver district for the school year next following such vote. For purposes of this section, a "waiver district" is a school district which operates under the laws applicable to charter schools pursuant to sections 160.400 to 160.420, RSMo, in lieu of operating under the laws and rules which generally apply to all school districts of this state.
2. Waiver school districts shall not be subject to the laws and rules which generally apply to the school districts of this state and instead shall be subject to the laws of charter schools pursuant to sections 160.400 to 160.420; except that waiver districts:
(1) Shall not have the admission policies approved for charter schools pursuant to section 160.410, RSMo, and shall have the same general admission policies as provided by law for every other school district in this state;
(2) Shall not be funded pursuant to section 160.415, RSMo, and shall be funded in the same manner as is provided by law for every other school district in this state;
(3) Shall have the power to acquire property by eminent domain in the same manner as other school districts;
(4) Shall act as applicant and sponsor for purposes of sections 160.400 to 160.420, RSMo, and waiver districts
shall apply to the state board for charter approval. The state board of education shall review each waiver district
charter in the same manner as it reviews other charters. The charter shall be written, pursuant to sections 160.400
to 160.420, RSMo, for the waiver district as a whole, and all schools in the district shall follow the charter as if the
entire district were one charter school approved pursuant to sections 160.400 to 160.420, RSMo.
Missouri House of Representatives