The law includes implicit requirements that schools seeking renewal must apply for it.
According to Missouri law, a sponsor's renewal process of a charter school shall be based on the thorough analysis of a comprehensive body of objective evidence and consider if:
â€¢ The charter school has maintained results on its annual performance report that meet or exceed the district in which the charter school is located based on the performance standards that are applicable to the grade level configuration of both the charter school and the district in which the charter school is located in three of the last four school years.
â€¢ The charter school is organizationally and fiscally viable determining at a minimum that the school does not have a negative balance in its operating funds, a combined balance of less than three percent of the amount expended for such funds during the previous fiscal year, or expenditures that exceed receipts for the most recently completed fiscal year.
â€¢ The charter is in compliance with its legally binding performance contract and certain sections of state law.
Missouri law indicates that high-quality charter schools shall be provided expedited opportunities to replicate and expand and may be renewed for a longer time period.
The law requires a sponsor to have a policy to revoke a charter during the charter term if there is clear evidence of underperformance as demonstrated in the charter schoolâ€™s annual performance report in three of the last four school years or a violation of the law or the public trust that imperils students or public funds.
Under Missouri law, an authorizer can revoke a charter or take other appropriate remedial action, which may include placing the charter school on probationary status for no more than twenty-four months, provided that no more than one designation of probationary status shall be allowed for the duration of the charter contract, at any time if the charter school commits a serious breach of one or more provisions of its charter or on any of the following grounds: failure to meet the performance contract as set forth in its charter, failure to meet generally accepted standards of fiscal management, or violation of law.
Before revoking a charter, the law requires authorizers to provide appropriate due process protections to the school, including a timely written notice of an intent to revoke and a formal hearing upon request of the schoolâ€™s board.
The law provides that renewal terms are for not less than five years nor greater than 10 years.
The law requires authorizers to hold administrative hearings upon a recommendation of revocation.
Along with data reflecting the academic performance standards indicated in state law, the law requires the sponsor to submit a revised charter application to the state board of education for review and renewal.
Beginning August first during the year in which a charter is considered for renewal, the law requires a charter school sponsor to demonstrate to the state board of education that the charter school is in compliance with federal and state law as provided in certain sections of state law and the school's performance contract including but not limited to those requirements specific to academic performance.
The law requires the state board of education to vote on a charter up for renewal at a regularly scheduled board meeting. The law also requires the state board of education to renew a schoolâ€™s charter if a charter school sponsor demonstrates the objectives identified in state law. The law does not require authorizers to state reasons for non-renewals and revocations in writing.
The law requires charter contracts to contain procedures to be implemented if the charter school should close including: orderly transition of student records to new schools and archival of student records; archival of business operation and transfer or repository of personnel records; submission of final financial reports; resolution of any remaining financial obligations; disposition of the charter school's assets upon closure; and a notification plan to inform parents or guardians of students, the local school district, the retirement system in which the charter school's employees participate, and the state board of education within thirty days of the decision to close.
For all new or revised charters, the law requires charter contracts to contain procedures to be used upon closure of the charter school requiring that unobligated assets of the charter school be returned to the state department of elementary and secondary education for their disposition, which upon receipt of such assets shall return them to the local school district in which the school was located, the state, or any other entity to which they would belong.