Judge upholds Missouri law allowing charter schools in Boone County

A 2024 law that allowed charter schools to open in Boone County is not an unconstitutional “special law,” a Cole County judge ruled Thursday.

Columbia Public Schools challenged the statute, arguing that it violated the Missouri Constitution’s prohibition on special laws, which single out localities or people when a general law could apply.

But even though the law singled out Boone County, lawmakers had reasonable grounds for limiting charter school expansion to the county, Circuit Court Judge Emily Fretwell wrote in an 11-page ruling.

Columbia Public Schools has already stated that it plans to appeal the decision.

“While we respect the judicial process, we respectfully disagree with the court’s determination that this provision is not an unconstitutional special law,” the district’s chief communications officer Michelle Baumstark said in a statement.

Previously, charter schools were only permitted in St. Louis and Kansas City school districts, in districts that have lost state accreditation and where a local school district chooses to sponsor a charter school.

“The court only looks for any ‘plausible reason for the classification in question,’” Fretwell wrote, citing a 2011 Missouri Supreme Court case. “Regardless of whether the reasoning is imperfect or speculative.”

The school district had the burden of proving that there is no reasonable explanation for singling out Boone County. Fretwell found “several rational bases” for the law.

She agreed with the Missouri Attorney General’s Office that Boone County had “unique characteristics” that “justify its different treatment compared to all other counties.” Those included the county’s population, large achievement gaps between certain student groups in English and math, its high percentage of college-educated adults and the presence of the University of Missouri-Columbia.

“It is reasonable to believe that the diverse population Mizzou brings to Boone County could uniquely support and benefit from charter schools,” Fretwell wrote.

She also upheld lawmakers’ decision to exempt Boone County from a charter school funding provision. When the legislature expanded charter schools into the county, it excluded the county from a funding provision passed in 2022 that boosted state aid for charter schools elsewhere.

“The General Assembly could reasonably believe that those provisions responded to the specific state of affairs affecting existing charter schools in other jurisdictions,” her decision says. “Because charter schools are new to Boone County, it is uncertain whether those same problems will exist.”

The Missouri Charter Public School Association, which unsuccessfully sought to intervene in the case, said Thursday’s decision “preserves an opportunity for more Missouri families to access tuition-free public schools.”

“We are encouraged by this ruling, which permits greater access to (charter) public schools that fit the needs of students and families in the Boone County area,” said the organization’s executive director Noah Devine.

One charter school, Frontier Charter School, has been approved to open in Boone County. It plans to begin operating in Columbia next year.

“This case is about more than charter schools. It is about fairness, accountability, and the constitutional protections that prevent individual communities from being singled out through state legislation,” Baumstark said. “The expansion of charter schools in Boone County also raises serious concerns about the long-term impact on public education and the responsible use of taxpayer dollars.”

A second case challenging the process in which the State Board of Education approved Frontier’s application is ongoing.