Current through Register Vol. 49, No. 6, March 15, 2024
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 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; and
4. 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
5. By lottery.
