SECOND REGULAR SESSION

HOUSE BILL NO. 3122 103RD GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE MURRAY.

6012H.01I JOSEPH ENGLER, Chief Clerk

AN ACT To amend chapter 160, RSMo, by adding thereto one new section relating to charter schools.

Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 160, RSMo, is amended by adding thereto one new section, to be 2 known as section 160.426, to read as follows: 160.426. 1. Beginning August 28, 2026, no charter school shall be eligible to 2 operate in this state without the state board of education's issuance of a certificate of 3 need for such charter school as provided in this section. 4 2. A certificate of need shall be required only for proposed charter schools that 5 are not established as of August 28, 2026, and shall not be required for: 6 (1) The renewal of a charter contract under the provisions of section 160.405; or 7 (2) The transfer of sponsorship of a charter school in accordance with rules 8 promulgated by the state board of education. 9 3. This section shall not be construed to exempt a charter school from the 10 requirements of section 160.405 or any other applicable state or federal law or 11 regulation. 12 4. The charter school certificate of need application shall consist of a written 13 certification including, but not limited to, supporting documentation, submitted by the 14 governing board of the school district or the governing body of the city or county in 15 which the proposed charter school would be located, affirming that the following 16 conditions apply to the school district in which the proposed charter school would be 17 operated: 18 (1) Consumer demand for alternative educational options exceeds supply;

EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3122 2

19 (2) The school district's attendance area contains sufficient economies of scale to 20 ensure both an adequate supply of high-quality teachers and a sufficient number of 21 potential students in order for the proposed charter school to succeed without 22 detrimentally impacting the school district's ability to provide a free public education 23 for students who enroll in the school district. For purposes of this subdivision, 24 "economies of scale" means the capacity to reduce costs and increase efficiency as 25 student enrollment numbers change; and 26 (3) The proposed charter school is likely to: 27 (a) Alleviate economic and racial inequities across the school district's 28 attendance centers; 29 (b) Improve students' academic achievement and test scores; 30 (c) Reduce student-teacher ratios across the school district; 31 (d) Result in a more efficient education service delivery system without 32 superfluous duplication of services; 33 (e) Limit the number of schooling disruptions faced by children and families; 34 and 35 (f) Address family priorities that are not strictly educational in nature including, 36 but not limited to, safety, convenience, transportation time, neighborhood walkability, 37 and school culture. 38 5. The state board of education shall review each charter school certificate of 39 need application and either approve or disapprove each application within one hundred 40 twenty calendar days of receipt. If the board determines that the information provided 41 in the application is factual and based on sound data and reasoning, the board shall 42 consider the conditions of this subsection to be satisfied and the board shall approve 43 such application. If the board determines that the information provided in the 44 application is not factual and based on sound data and reasoning, the board shall 45 disapprove the application and provide to the applicant written documentation of the 46 reasons why the application was not approved. ✔

Statutes affected:
Introduced (6012H.01): 160.426