SCS/SB 789 - Charter schools may be sponsored in districts with graduation rate less than 65% by the school board, a four- year college with an approved teacher education program, a community college and, in KC and St. Louis City, also by the Mayor of the city. In all other districts, only the school board may sponsor a charter school.

The act specifies requirements for the proposed charter to be submitted to the sponsor by the entity seeking to establish a charter school. Charter schools shall be nonsectarian, financially accountable, offer a comprehensive program of instruction for one or more grade levels, have methods to measure pupil progress towards state academic standards and comply with laws pertaining to health, safety and minimum educational standards. Geographic preferences of charter schools shall not create racially or socio-economically isolated schools. Charter schools shall not limit admissions based upon race. Charter schools shall be exempt from all other laws and rules pertaining to schools, except as provided in this act.

A charter school and school district may agree for the charter school to contract with the school district for special education services, and, in such cases, the proportionate share of state and federal funds for disabled students shall go to charter schools educating such students. Schools within special school districts may elect to enroll disabled students in charter schools by contract and with agreement of the parent, school district and charter school. A school district may contract with a charter school to provide special education services.

The state share of per pupil aid shall be paid directly from the Department of Elementary and Secondary Education to the charter school. In districts where entities other than the school board may sponsor charter schools, the school district where the pupil resides shall pay the local share of per pupil operating revenues, plus any other federal or state aid received on behalf of such child, to the charter school. In districts where only the school board may sponsor charter schools, the amount of per pupil local effort given to the charter school shall be negotiated by the district with the charter school.

Each charter school shall report the names, address and eligibility for state categorical aid for each pupil to the school district of residence and to the Department, and each charter school shall promptly report to the district and the Department when a student discontinues enrollment.

Certificated teachers at a charter school, may, at the school's option, participate in the public school teacher retirement system applicable to the district in which the school is located. Charter school teachers who remain employees of the district shall retain permanent teacher status and seniority rights in the district. A charter school may employ non- certificated teachers to comprise up to 20% of the instructional staff, but such teachers shall not be members of PSRS. Noncertificated instructional staff at charter schools shall be supervised by certificated staff. All instructional staff shall have education, experience and skills appropriate to their instructional duties. School district employees may be employed by the district and the charter school contract may provide for employees to choose to remain employed by the district. A criminal and child abuse background check shall be conducted before hiring any employee of the charter school.

Similar provisions are contained in SB 781.
OTTO FAJEN