Mo. Code Regs. tit. 5 § 20-100.265
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 5 CSR 20-100.265 - Charter School ClosurePURPOSE: 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 coordinate adequate and timely communication with parents, school staff, and the community regarding the closing of a charter school and the options that are available for student transfer/transition.(2) Student records. The sponsor will coordinate the 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) If the charter school does not have sufficient funds to close out the year, the sponsor is expected to utilize state funding secured under section 160.400.11, RSMo, to meet expenses associated with the closure.(B) The sponsor is responsible for the unobligated assets of charter school and the return of such assets to the Department of Elementary and Secondary Education (department) for disposition according to section 160.405.1(17), RSMo. For unobligated assets (state funds) that are not returned and remain in the possession of the closing charter school board, the sponsor will 1. Provide quarterly accountability reports on receipts and expenditures;2. Provide quarterly bank statements for the closing charter school accounts;3. Monitor expenditures after school closure to ensure such expenditures are essential to the closing process; and4. Require an independent audit be conducted for any remaining funds if more than three (3) months lapse from the official closure of the charter school.(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 is responsible for ensuring that the reallocation of equipment and materials from a closed charter school reasonably follow the students to their new school. For equipment and or material exceeding a value of five thousand dollars ($5,000) purchased with federal funds and in accordance with federal guidelines, the sponsor shall provide- (A) A physical verification that federally purchased equipment or electronic items is conducted;(B) An inventory of available items be sent to all local educational agencies (LEA) 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 sponsor;(D) Distribution of equipment or materials based on- 1. Any equipment and material required for an Individual Education Plan (lEP) 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 AUTHORITY: sections 160.400-160.425 and 161.092, RSMo Supp. 2013. Original rule filed Sept. 27, 2013, effective May 31, 2014.