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HB 3122

Requires charter schools to obtain a certificate of need issued by the State board of education in order to be eligible to operate

2026 Regular Session Introduced by Stephanie Boykin and 1 co-sponsor

Beginning Aug 28, 2026, new Missouri charter schools must obtain a State Board of Education certificate of need to operate, with specific data-driven criteria.

Referred: Emerging Issues(H)
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Bill Summary · HB 3122

Summary of HB 3122 (2026) — Missouri

Purpose and intent

  • Establish a new requirement that, beginning August 28, 2026, charter schools must obtain a certificate of need from the State Board of Education in order to be eligible to operate in Missouri.
  • The certificate of need applies only to proposed charter schools not already established as of August 28, 2026; it does not apply to renewals of existing charter contracts or transfers of sponsorship.

Key provisions and changes

  • Section 160.426 sets the new requirement:
    • Effective date: August 28, 2026.
    • Eligibility condition: A charter school must have a State Board of Education certificate of need to operate.
    • Exemptions: No certificate of need is required for (a) renewal of an existing charter contract under section 160.405, or (b) transfer of sponsorship of a charter school under board rules.
    • Compliance: The certificate of need does not exempt charter schools from other applicable state or federal laws or regulations.
  • Application process for the certificate of need:
    • The applicant is the governing board of the school district or the governing body of the city or county where the proposed charter school would be located.
    • The application must include a written certification with supporting documentation and must address: 1) Consumer demand for alternative educational options exceeds supply in the district. 2) The district attendance area has sufficient economies of scale to ensure an adequate supply of high-quality teachers and a sufficient number of potential students, so the proposed charter can succeed without harming the district’s ability to provide a free public education.
      • "Economies of scale" defined as the capacity to reduce costs and increase efficiency as enrollment changes. 3) The proposed charter is likely to:
      • Alleviate economic and racial inequities across the district’s attendance centers.
      • Improve student academic achievement and test scores.
      • Reduce student-teacher ratios across the district.
      • Result in a more efficient education service delivery system without unnecessary duplication of services.
      • Limit schooling disruptions for children and families.
      • Address family priorities beyond strictly educational concerns (e.g., safety, transportation, neighborhood walkability, school culture).
  • Board review and decision timeline:
    • The State Board of Education must review and either approve or disapprove each certificate of need within 120 calendar days of receipt.
    • If information is deemed factual and based on sound data, the board shall approve; if not, the board shall disapprove and provide written reasons.

Who or what would be affected

  • Prospective charter schools seeking to operate (new charter schools) beginning in 2026.
  • Districts, cities, or counties proposing new charter schools must prepare and submit the certificate of need application and supporting documentation.
  • Existing charter schools are unaffected in terms of certificate of need; renewals and sponsorship transfers remain subject to current rules without requiring a new certificate of need.

Procedural and timeline aspects

  • Effective date for new requirement: August 28, 2026.
  • 120-day decision window for the State Board of Education to approve or disapprove each certificate of need.
  • Exemptions apply only to renewals and sponsorship transfers; all other operating or regulatory requirements remain in place.

Notes

  • The bill emphasizes data-driven justification, with explicit criteria around demand, economies of scale, and projected impacts on equity, achievement, efficiency, and family priorities.
  • The proposal does not alter other charter laws beyond adding this initial eligibility hurdle for new charter operators.

Compiled from official sources — confirm details with the bill’s official record.

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