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University Policy Office

Shelly G. Gonzalez, Policy Officer
Administration 208
Warrensburg, MO 64093
Phone: 660.543.4730
Fax: 660.543.8022
sgonzalez@ucmo.edu





Charter School Policies and Procedures
Board of Governors Policy 3.1.070
Approved by the Board of Governors on December 14, 2001

These policies and procedures are proposed for adoption by the University of Central Missouri, Board of Governors to implement Sections 160.400 -160.420, RSMo.

I. Responsibilities of the University of Central Missouri, Acting as Sponsor Pursuant to Section 160.400, RSMo.

A. UCM administrators will act on authority delegated from the Board of Governors or from the provost and vice president for academic affairs.

B. The University of Central Missouri has no obligation to agree to serve as sponsor, and a determination not to approve a charter or a decision not to serve as sponsor cannot be appealed. Approval of the charter and agreement to serve as sponsor is entirely at the discretion of the sponsor.

C. UCM will provide information about UCM's expectations for charters consisting of statutory and regulatory compliance and best practice expectations.

D. UCM will review all charters submitted to sponsor according to the calendar established by the Department of Elementary and Secondary Education for submission of new charter applications.

E. Sponsor shall perform operational reviews. These reviews include financial audits, professional assessments and all facets of school operations.

  1. Sponsor shall set the calendar for formal operational reviews and determine the necessary scope.

  2. Informal performance assessments will be conducted on a regular and on-going basis.

  3. Formal operational reviews will take place at least every two years, but they may occur on an annual basis if sponsor requires. Sponsor shall set the calendar for formal operational reviews and determine the necessary scope.

  4. The operational review team shall be responsible for preparing a written report summarizing its findings. The report will include observations of note, including strengths and weaknesses of the school's operations.

  5. Operational reviews will be performed by an audit team appointed by sponsor and comprised of persons with relevant expertise.

F. Provide Consulting and Developmental Services

  1. UCM participates as a sponsor, in part, to provide service and research opportunities to faculty and students. From time to time, as charter schools express willingness or interest in such services and as UCM faculty and students have interest in performing them, the sponsor will facilitate this involvement.

  2. Consulting and developmental services may be limited by faculty and staff availability and funding.

G. Engage in activities identified in Section 160.400.8, RSMo

No charter school sponsored by UCM may "affiliate with" UCM pursuant to Section 160.400.8, RSMo. Faculty, staff and students of UCM may desire to engage charter school in some of the activities listed under this subsection. Sponsor will, at its discretion, offer the services and seek the benefits of affiliation status as set forth in subsection 8.

H. The sponsor will place charter school on probationary status when warranted. (See Article VI. Probationary Status)

I. The sponsor will assist in the development of remedial plan when appropriate. (See Article VI. Probationary Status)

J. The sponsor will revoke a charter when warranted. (See Article V. Revocation)

II. Responsibilities and Obligations of Charter School Board of Directors

A. An applicant for a charter sponsored by UCM must have established a nonprofit corporation pursuant to Chapter 355, RSMo.

B. The charter school board of directors can submit a charter to the sponsor for review.

  1. The charter will include proposed means of fulfilling obligations imposed by Section 160.405, RSMo.

  2. The charter will define the charter school's mission.

  3. The charter must include academic performance standards to be met and a plan setting forth how they will be measured.

  4. The charter must be in compliance with the provisions of Sections 160.400 - 160.420, RSMo., and other applicable laws, regulations or ordinances.

  5. The charter must ensure that the charter school is operated in a manner such that no immediate threats to health or safety exist for the school's children, staff or constituents.

C. The charter, governance structure and management functions must be in place and operational so that sponsor has confidence that the charter school can fulfill the terms of the charter.

D. The charter school will cooperate in involving sponsor in activities specified in Section 160.400.8, RSMo.

E. The charter school will cooperate with sponsor in preparing operational review materials, and reviewing and considering the information gleaned from the audits.

F. The charter school administration will maintain open and timely communications with sponsor, and between and among: sponsor, management company, charter school board of directors, and charter school faculty and staff.

G. The charter school will develop a remedial plan at the request of the sponsor.

H. The charter school will implement the remedial plan.

I. If the charter is revoked, the charter school will execute an orderly and lawful closure of business.

III. Amending a Charter

A. The charter may be amended at the request of the governing body of the charter school. The sponsor makes the final determination to approve the proposed amendment.

B. The sponsor may solicit such a request from the governing body of the charter school.

IV. Probationary Status

A. In accordance with the findings obtained from an operational review, or from notice of a breach of the charter, violation of law, rule or regulation governing the charter school, or a risk to health and safety, a charter school may be placed on probationary status.

B. In appropriate circumstances, the sponsor may place the charter school in probationary status and recommend the initiation of revocation.

C. The purpose of probationary status is to give the charter school time to:

  1. create a remediation plan that is acceptable to the sponsor

    1. The sponsor will provide the charter school with a written report that will specifically identify deficiencies and violations.

    2. The remediation plan will provide jointly agreed upon strategies and measures of improvement.

    3. The remediation plan will have a time line deemed workable and appropriate to the sponsor under the circumstances.

    4. The remediation plan will include measures to protect students and staff and to continue school operations in an appropriate, safe and reasonable manner.

  2. implement the remediation plan

  3. assess the progress as agreed

D. Sponsor will analyze the results of the remediation plan and recommend:

  1. Continuation of probationary status with specific deficiencies noted to inform the development of an extended remediation plan;

  2. termination of the probationary status; or

  3. initiation of revocation.

E. Revocation

A. A charter may be revoked when the sponsor determines that a remediation plan has failed to eliminate the specific concerns that were identified.

B. A charter may be revoked when continued operation of the school presents a clear and immediate threat to the health or safety of the children.

C. The sponsor can revoke a charter without placing the charter school in probationary status and without requiring a remedial plan. Pursuant to Section 160.405, RSMo, a sponsor may revoke a charter at any time if the charter school commits a serious breach of one or more provisions of its charter or on any of the following grounds: failure to meet academic performance standards as set forth in its charter, failure to meet generally accepted standards of fiscal management or violation of law.

D. A charter may be revoked at the end of the sponsorship agreement if sponsor is unable to continue to devote the necessary resources to serve as the charter school's sponsor.

E. The decision to recommend revocation of a charter will be initiated by the UCM director of charter schools and sent to the dean of the College of Education. The written recommendation will include specific detail outlining the basis for the revocation. If the dean agrees with the recommendation, it will be forwarded to the provost. If the provost concurs with the recommendation to revoke the charter, the provost will forward the recommendation to the president. If the president agrees that revocation should be initiated, the president will so recommend to the Board of Governors.

F. If the Board of Governors votes to revoke the charter, the board of directors for the charter school will be provided with written notice of the Board of Governors’ intent to revoke the charter, effective no sooner than 60 days after the action expressing intent to revoke. The notice will include the specific grounds for the action taken by the Board of Governors and a copy of the procedures for charter school hearings which appears in the following section.

VI. Procedures for Charter Revocation Hearings

A. Nature of the Hearing Process Defined

  1. The purpose of the hearing is to provide an objective forum to consider pertinent information and evidence relating to the proposed revocation of the affected school's charter. In accordance with Section 160.405, RSMo, the hearing is administrative in nature and any final determination reached herein, pursuant to action by the charter school, is subject to judicial review.

  2. The hearing is not intended, by structure or purpose, to be adversarial in nature. Representatives from both the charter school and the University of Central Missouri are obligated to cooperatively provide evidence and information that will enable the hearing panel to reach an informed objective decision about the proposed charter revocation.

B. Composition of the Hearing Panel

  1. The composition of the hearing panel shall be determined by the president of the Board of Governors of UCM.

    The president may consider members of the Board Of Governors, especially from the Kansas City area; UCM faculty members; UCM staff members; or members of the community at large.

  2. The president of the Board of Governors of UCM shall designate the chair of the hearing panel.

C. Notice of Hearing

  1. Written notice of the hearing shall be provided to the charter school at least 10 business days in advance of the hearing.

  2. The hearing will be scheduled pursuant to consultation with all principal parties involved to ensure their availability.

  3. The written notice shall specify the date, time and location of the hearing, and identify persons composing the hearing panel.

  4. The hearing will be open to the public.

  5. Unless requested otherwise by charter school officials, the hearing will be held in Kansas City, Mo.

D. Notice of Basis for Revocation

  1. The charter school will receive written notice of deficiencies in support of the proposed revocation of its charter.

  2. At least three business days in advance of the scheduled hearing, UCM and the charter school will each provide to the other a list of exhibits and witnesses. The list of witnesses shall identify each witness by name and address and shall provide a short summary of the witness’s expected testimony. Copies of the exhibits shall be submitted with the exhibit list.

E. Hearing Procedure

  1. Opening Statements

    1. UCM opening statement (suggested time: 15 minutes)

    2. Charter school opening statement (suggested time: 15 minutes)

  2. Presentations

    1. UCM presentation (suggested time: 90 minutes)

    2. Charter school presentation (suggested time: 90 minutes)

    3. UCM rebuttal presentation (suggested time: 15 minutes)

    4. Charter school rebuttal presentation (suggested time: 15 minutes)

  3. Closing Statements

    1. UCM closing statement (suggested time: 30 minutes)

    2. Charter school closing statement (suggested time: 30 minutes)

  4. The chair, in his/her discretion, may extend any of the time parameters on the parties' presentations or statements, but in no case shall the time allotted to UCM exceed the time allotted to the charter school.

F. Hearing - Other Procedural Details

  1. The charter school may submit a written brief, not to exceed 25 pages, no later than three business days prior to the hearing.

  2. In both its presentation and its closing statement, the charter school may use its combined amount of time for that portion as it wishes. (e.g., it may use 120 minutes in its main presentation and reserve only 15 minutes for rebuttal presentation).

  3. The hearing panel may ask questions of any person present at any time during the hearing.

  4. The chair of the hearing panel, in consultation with members of the panel, will be responsible for the determination of procedural questions that may arise during the hearing process. This may include, but is not necessarily limited to, the relevancy of the evidence or testimony presented by UCM or the charter school designee(s). For purposes of this hearing, any and all decisions made by the chair of the hearing panel with regards to procedural and/or relevancy issues, shall be considered final.

  5. The chair of the hearing panel is responsible for ensuring the hearing is conducted in an orderly, professional and just manner.

  6. Both parties are entitled to legal representation and counsel throughout the hearing.

  7. The hearing shall be "on the record." A certified court reporter shall be present to administer oaths/affirmations and to make a record. All documents to be considered by the hearing panel shall be marked and offered as exhibits. A transcript of the hearing shall be provided to the Board of Governors and shall be provided to the charter school upon request.

  8. The hearing panel may receive any evidence that, in the discretion of the chair, may be helpful to the panel regardless of whether such evidence would be admissible in a court of law.

G. Decision of the Hearing Panel

  1. The written findings of the hearing panel shall be provided to the charter school and UCM officials no later than seven business days after the hearing.

  2. The written statement of the hearing panel shall contain the recommendation reached by the panel (i.e., finding in favor of charter revocation, finding not in favor of charter revocation), and a summary of the evidence and/or information relied upon to reach the decision. The statement shall include all findings of fact and conclusions of law, and such findings and conclusions shall be set forth in separate sections of the statement.

  3. The Board of Governors of UCM will take action on the panel’s recommendation at the next meeting of the Board of Governors. If either party has objections to the panel's findings of fact, conclusions of law, or recommendation, that party shall submit such objections in writing to the Board of Governors no later than five business days prior to the Board of Governors' meeting.

H. Retention of Hearing Documentation and/or Evidence

All exhibits of other evidence used by the hearing panel to reach its recommendation shall be retained by the assistant secretary of the Board of Governors of UCM.

VII. Termination

A. A charter may be revoked through the procedures outlined in this document.

B. A sponsorship may end at the completion of the current term unless both sponsor and charter school affirm by execution of written agreement the extension of the agreement for a defined period of time.

Approved by the Board of Governors on December 14, 2001
Formatting updated August 1, 2007