SCS/SB 729 - This act makes many revisions to laws concering charter schools and public school teachers.

TEACHERS & STAFF - Expands to Kansas City the opportunity for retired teachers to continue receiving their pensions while returning to teaching for up to two years (currently available only in City of St Louis). Personnel employed by charter schools may, at the employee's option, participate in the retirement system of the school district in which the charter school is located. Clarifies that a charter school employee may remain employed by the school district upon providing notice by July 1. District teachers employed in charter schools may retain seniority rights and tenure status for two years.

CHARTER SCHOOL LOCATIONS - Charter schools may be operated in the currently authorized territories, even if the existing school district no longer exists or includes that territory. Clarifies that charter schools may be sponsored by a public 4-year college or university in a county containing an eligible school district, even if the college or university is not in the school district.

CONVERSION TO CHARTER SCHOOLS - Increases the number of public school buildings in a school district which may be converted to charter school use from five percent to ten percent, with discretion given to the local school board.

PROCESS FOR CHARTERING A SCHOOL - The act revises the procedure and timeline for chartering a school.

GRANT FUNDING FOR SPONSORS OF CHARTER SCHOOLS - Department of Elementary and Secondary Education (DESE) shall administer grant funding for sponsors of charter schools. The funding shall be from up to 1/2% of the amount of operating revenues provided to charter schools, and DESE shall reduce the rate as needed to generate no greater than $500,000 per year. Any sponsor may apply and must demonstrate compliance all requirements of law. Grants shall be based on schools sponsored, enrollment and degree of compliance in ensuring implementation. Unused funds shall be retained and used to reduce the next year's withholding from charter school revenues.

CHARTER SCHOOL BOARDS Sponsors must perform criminal background checks on the members of the Board of Directors of any nonprofit corporation applying to establish a charter school, prior to granting or renewing a charter. DESE shall offer training for charter school board members, but such training is not required. No member of a charter school board may be employed by the charter school nor have financial interest in any entity employed by or contracting with the board.

ACCOUNTABILITY FOR PUBLIC FUNDS No school district or other entity may use any state funds to challenge the constitutionality of the charter school laws. Charter schools are required to publish audits and financial reports.

ACCOUNTABILITY FOR PERFORMANCE Sponsors must provide documentation establishing compliance with charter school laws. Sponsors found to have violated the charter school law requirements may have their ability to sponsor new schools suspended for up to four years by the State Board of Education; suspension is mandatory for subsequent violations. Charter schools are required to employ the Missouri Assessment Program (MAP) tests. Charter school assessment results shall be included in MSIP reviews to the same extent as regular schools assessment results are. Charter schools shall provide all information needed to confirm compliance with all requirements of the charter and all charter school laws.

PUBLIC REPORTING Public reporting shall include results of background checks of charter board members. A charter may be revoked for failure to provide necessary compliance information, or the sponsor may require specified remedial action of the school. Charter schools must make available the charter and public report card to the parent of guardian of any pupil eligible to seek to enroll at the school. Reasonable fees may be charged for such copies.

LEGAL LIABILITY Charter school board members, officers and employees who willfully violate charter school laws or neglect to perform any duty in the charter school laws are guilty of a misdemeanor as other public school employees are under current law.

LIMITATIONS ON NUMBER OF NEW CHARTER SCHOOLS For school years 2001-02 through 2005-06, no new charter schools may be established or sponsored in a district if the fraction of pupils in charter schools (not including re-enrolled dropouts) at the beginning of the previous year, as determined by the State Board, exceeded 15%.

"CHERRY-PICKING" A charter school's enrollment of pupils eligible for free or reduced price lunch may not fall below 30% the district-wide average.

The act contains penalty provisions.
DAVID TALLMAN

SSA TO SA 1 - PROVIDES THAT DISTRICT TEACHERS MAY TEACH INDEFINITELY IN A CHARTER SCHOOL WITHOUT LOSING PERMANENT TEACHER STATUS IN THE DISTRICT, THOUGH WITHOUT RETAINING SENIORITY RIGHTS.

SA 2 - PROVIDES THAT URBAN SCHOOL DISTRICTS MUST LEASE VACANT BUILDING SPACE TO CHARTER SCHOOLS ON SUBSTANTIALLY EQUIVALENT TERMS, BASED ON FAIR MARKET VALUE.

SA 3 - REDUCES RESIDENCY REQUIREMENT FOR CANDIDATES FOR THE ST. LOUIS BOARD OF EDUCATION FROM THREE YEARS TO ONE YEAR, AND MAKES TECHNICAL CHANGES.

SA 4 - ALLOWS NONCERTIFICATED PERSONNEL TO SERVE AS ADMINISTRATORS IN CHARTER SCHOOLS.

SA 6 - SUBJECTS CHARTER SCHOOL BOARD MEMBERS TO THE SAME LIABILITY AS OTHER PUBLIC SCHOOL DISTRICT BOARD MEMBERS.

SA 7 - REQUIRES THAT BACKGROUND CHECKS OF CHARTER SCHOOL BOARD MEMBERS BE INCLUDED IN THE SCHOOL'S ANNUAL REPORT.