160.415. Distribution of state school aid for charter schools--powers and duties of governing body of charter schools.
Distribution of state school aid for charter schools--powers andduties of governing body of charter schools.
160.415. 1. For the purposes of calculation and distribution ofstate school aid under section 163.031, RSMo, pupils enrolled in a charterschool shall be included in the pupil enrollment of the school districtwithin which each pupil resides. Each charter school shall report thenames, addresses, and eligibility for free and reduced lunch, specialeducation, or limited English proficiency status, as well as eligibilityfor categorical aid, of pupils resident in a school district who areenrolled in the charter school to the school district in which those pupilsreside. The charter school shall report the average daily attendance data,free and reduced lunch count, special education pupil count, and limitedEnglish proficiency pupil count to the state department of elementary andsecondary education. Each charter school shall promptly notify the statedepartment of elementary and secondary education and the pupil's schooldistrict when a student discontinues enrollment at a charter school.
2. Except as provided in subsections 3 and 4 of this section, the aidpayments for charter schools shall be as described in this subsection.
(1) A school district having one or more resident pupils attending acharter school shall pay to the charter school an annual amount equal tothe product of the charter school's weighted average daily attendance andthe state adequacy target, multiplied by the dollar value modifier for thedistrict, plus local tax revenues per weighted average daily attendancefrom the incidental and teachers' funds in excess of the performance levyas defined in section 163.011, RSMo, plus all other state aid attributableto such pupils.
(2) The district of residence of a pupil attending a charter schoolshall also pay to the charter school any other federal or state aid thatthe district receives on account of such child.
(3) If the department overpays or underpays the amount due to thecharter school, such overpayment or underpayment shall be repaid by thepublic charter school or credited to the public charter school in twelveequal payments in the next fiscal year.
(4) The amounts provided pursuant to this subsection shall beprorated for partial year enrollment for a pupil.
(5) A school district shall pay the amounts due pursuant to thissubsection as the disbursal agent and no later than twenty days followingthe receipt of any such funds. The department of elementary and secondaryeducation shall pay the amounts due when it acts as the disbursal agentwithin five days of the required due date.
3. A workplace charter school shall receive payment for each eligiblepupil as provided under subsection 2 of this section, except that if thestudent is not a resident of the district and is participating in avoluntary interdistrict transfer program, the payment for such pupils shallbe the same as provided under section 162.1060, RSMo.
4. A charter school that has declared itself as a local educationalagency shall receive from the department of elementary and secondaryeducation an annual amount equal to the product of the charter school'sweighted average daily attendance and the state adequacy target, multipliedby the dollar value modifier for the district, plus local tax revenues perweighted average daily attendance from the incidental and teachers funds inexcess of the performance levy as defined in section 163.011, RSMo, plusall other state aid attributable to such pupils. If a charter schooldeclares itself as a local education agency, the department of elementaryand secondary education shall, upon notice of the declaration, reduce thepayment made to the school district by the amount specified in thissubsection and pay directly to the charter school the annual amount reducedfrom the school district's payment.
5. If a school district fails to make timely payments of any amountfor which it is the disbursal agent, the state department of elementary andsecondary education shall authorize payment to the charter school of theamount due pursuant to subsection 2 of this section and shall deduct thesame amount from the next state school aid apportionment to the owingschool district. If a charter school is paid more or less than the amountsdue pursuant to this section, the amount of overpayment or underpaymentshall be adjusted equally in the next twelve payments by the schooldistrict or the department of elementary and secondary education, asappropriate. Any dispute between the school district and a charter schoolas to the amount owing to the charter school shall be resolved by thedepartment of elementary and secondary education, and the department'sdecision shall be the final administrative action for the purposes ofreview pursuant to chapter 536, RSMo. During the period of dispute, thedepartment of elementary and secondary education shall make everyadministrative and statutory effort to allow the continued education ofchildren in their current public charter school setting.
6. The charter school and a local school board may agree by contractfor services to be provided by the school district to the charter school.The charter school may contract with any other entity for services. Suchservices may include but are not limited to food service, custodialservice, maintenance, management assistance, curriculum assistance, mediaservices and libraries and shall be subject to negotiation between thecharter school and the local school board or other entity. Documentedactual costs of such services shall be paid for by the charter school.
7. A charter school may enter into contracts with communitypartnerships and state agencies acting in collaboration with suchpartnerships that provide services to children and their families linked tothe school.
8. A charter school shall be eligible for transportation state aidpursuant to section 163.161, RSMo, and shall be free to contract with thelocal district, or any other entity, for the provision of transportation tothe students of the charter school.
9. (1) The proportionate share of state and federal resourcesgenerated by students with disabilities or staff serving them shall be paidin full to charter schools enrolling those students by their schooldistrict where such enrollment is through a contract for services describedin this section. The proportionate share of money generated under otherfederal or state categorical aid programs shall be directed to charterschools serving such students eligible for that aid.
(2) A charter school district shall provide the special servicesprovided pursuant to section 162.705, RSMo, and may provide the specialservices pursuant to a contract with a school district or any provider ofsuch services.
10. A charter school may not charge tuition, nor may it impose feesthat a school district is prohibited from imposing.
11. A charter school is authorized to incur debt in anticipation ofreceipt of funds. A charter school may also borrow to finance facilitiesand other capital items. A school district may incur bonded indebtednessor take other measures to provide for physical facilities and other capitalitems for charter schools that it sponsors or contracts with. Upon thedissolution of a charter school, any liabilities of the corporation will besatisfied through the procedures of chapter 355, RSMo.
12. Charter schools shall not have the power to acquire property byeminent domain.
13. The governing body of a charter school is authorized to acceptgrants, gifts or donations of any kind and to expend or use such grants,gifts or donations. A grant, gift or donation may not be accepted by thegoverning body if it is subject to any condition contrary to law applicableto the charter school or other public schools, or contrary to the terms ofthe charter.
(L. 1998 S.B. 781 § 7, A.L. 1999 H.B. 889, A.L. 2005 S.B. 287)Effective 7-01-06