Charter School Closure

PURPOSE: This rule establishes processes and procedures for charter school sponsors to close a charter school as required by the Missouri Department of Elementary and Secondary Education. These processes and procedures serve as a foundation for closures as authorized by sections 160.400.16(6) and 160.405.15, RSMo Supp. 2013. (1) Communication. The charter school sponsor (sponsor) will closely monitor the charter school’s clear, adequate, and timely communication with parents, school staff, the community, and all stakeholder groups regarding the closing of a charter school to ensure that students, families, staff, and community have the support needed for student transfer/transition. (2) Student Records. The sponsor will closely monitor the charter school’s transfer of all student records in accordance with privacy rules set forth in the Family Educational Rights and Privacy Act (FERPA) and any applicable state record retention schedules/policies/laws, including, but not limited to: (A) Conducting a review to determine that all student records are complete and located in a secure location; (B) Compiling student records into a format that is electronically transferable; (C) Providing staff for purposes of transferring student records to other schools as the charter school closes; and (D) Transferring, in a timely manner, all student-related records for retention and historical accessibility to the local school district as required under the Public School Records Retention Schedule (PSRRS) (section 109.255, RSMo 2000). (3) Business and Personnel Records. The sponsor shall coordinate efforts regarding all personnel, governance, and financial records that are retained according to the PSRRS. (4) Submission of Final Data and Reports. The sponsor shall coordinate efforts for the completion of all data and reporting for the closing charter school, including, but not limited to: (A) Annual Secretary of the Board Report (ASBR) by August 15 of the year of closing; (B) Final audit submitted before December 31 of the year of closing; (C) Program evaluation reports and final expenditure reports (FER) submitted for all federal/state programs in which the closing charter school participated; (D) Submission of core data and the Missouri Student Information System (MOSIS) data; and (E) Required student testing. (5) Resolution of Financial Obligations. During the dissolution of a charter school, the sponsor shall coordinate efforts to ensure the meeting of financial obligations associated as required in section 160.415.12, RSMo. (A) The sponsor is responsible for the oversight of unobligated assets of the charter school. The sponsor contractually requires— 1. Quarterly accountability reports on receipts and expenditures; 2. Quarterly bank statements for the closing charter school accounts; 3. Monitoring of all expenditures during and after school closure to ensure such expenditures are essential to the closing process; and 4. An independent audit be conducted for any remaining funds if more than three (3) months lapse from the official closure of the charter school. (B) If the charter school does not have sufficient funds to close out the year, the sponsor is responsible for oversight and reporting as required in section 160.405.1(15)(a-f), RSMo. (6) Disposition of Assets. Distribution of materials and equipment purchased with state funds will be determined by the charter school’s plan/policy for disposition of assets. The sponsor will closely monitor the reallocation of equipment and materials from a closed charter school to reasonably assure the equipment and materials follow the students to their new school. For equipment and or materials exceeding a total value of five thousand dollars ($5,000) purchased with federal funds and in accordance with federal guidelines, the sponsor shall verify that— AND SECONDARY EDUCATION (A) A physical verification that federally purchased equipment or electronic items is conducted; (B) An inventory of available items is sent to all local educational agencies (LEAs) and the district within the physical boundaries of the public school district within sixty (60) days of the school closure; (C) An opportunity for LEAs/districts interested in acquiring inventory items to send a written request for equipment or materials to the school and sponsor; and (D) Distribution of equipment or materials is based on— 1. Any equipment and material required for an Individual Education Plan (IEP) for a student with disabilities must follow the student to his/her new public school; 2. All equipment and materials purchased with federal IDEA Part B funds must be sent to a public special education program for use by students with disabilities; 3. All materials/equipment purchased with specific funding sources (Perkins, Title I, discretionary grants) must be sent to other LEAs participating in those programs; 4. The percentage of students transferring from the closed charter to the requesting LEAs/district; or 5. By lottery. AUTHORITY: sections 160.400–160.425 and 161.092, RSMo Supp. 2013.* Original rule filed Sept. 27, 2013, effective May 30, 2014. *Original authority: 160.400–160.425, RSMo, see Revised Statutes of Missouri Supp. 2012 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013.