PURPOSE: This rule establishes requirements and procedures for transfer of sponsorship for charter schools prior to the expiration of a contract between a charter and its sponsor. This transfer process is designed to ensure continuity of support for the charter school, accurate and timely data submissions, and accurate transmittal of funds due to sponsors.

1. (1) Transfer Requirements and Application.

   1. (A) A transfer of charter school sponsorship from one (1) sponsor to another prior to the expiration of the current contract, may only occur if approved by the State Board of Education (board).
   2. (B) All standards and requirements established in the current charter contract shall remain in effect until the scheduled renewal of the charter school, unless the board approves any changes.

   3. (C) All parties, the charter school, and its current sponsor, along with the proposed sponsor, must submit a joint application for transfer to the board for consideration prior to February 1 to be considered for the following school year. The joint application shall include the following components:

      1. 1. An explanation of why the school is seeking to transfer

to another sponsor, including:

1. A. Evidence that the applicant has solicited input from

and notified students in grades 5-12, parents/guardians, and staff of the request to transfer sponsors at least four (4) months prior to approaching other sponsoring institutions related to potential transfer. Feedback should be included in application for transfer.

1. (D) The board shall only consider approval of charter school requests to transfer to another sponsor if it finds the transfer applicant has submitted evidence of the criteria outlined in subsection (1)(C), above. The board maintains its discretion to deny a transfer request if the criteria outlined in subsection (1) (C), above, is not met, and for good cause including, but not limited to:

   1. 1. Failure to seek input from students, parents/guardians,

and staff;

1. 2. The transfer is motivated by an adverse review by the

department; or

1. 3. There is evidence of the current sponsor’s unwillingness

to end its contract early.

1. (2) Transition Requirements.

   1. (A) All obligations of the previous charter sponsor shall terminate upon the official date of transfer on June 30.
   2. (B) The receiving sponsor will be responsible for ensuring that all required documents due after the date of transfer are submitted in a timely fashion, including, but not limited to, the Annual Secretary of the Board Report and Financial Audit.
   3. (C) Within thirty (30) days of transfer, the prior charter sponsor shall provide information relevant to the charter school as requested by the proposed sponsor, including, but not limited to assets, student records, and reports.
   4. (D) The proposed sponsor that seeks to sponsor a transferring school must have met all requirements of the Standards of Charter Sponsorship in its most recent sponsor evaluation.

AUTHORITY: sections 160.405 and 161.092, RSMo 2016.* Original rule filed Dec. 11, 2020, effective July 30, 2021. *Original authority: 160.405, RSMo 1998, amended 2005, 2009, 2012, 2016 and 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014.