Prohibits a political subdivision from adopting policies for property transferred by political subdivisions from being used for lawful education purposes by a charter school
Summary
HB1363 amends Missouri law to limit local government restrictions on the sale, lease, or transfer of school district property to charter schools. The bill creates a new section in Chapter 160, RSMo, stating that no municipality may adopt or enforce an ordinance, policy, or resolution that blocks school district property from being sold, leased, or transferred to a charter school for any lawful educational purpose.
The bill also bars municipalities from enforcing deed restrictions that would prevent property from being used by a charter school for lawful educational purposes. It goes further by voiding certain existing deed restrictions, including those that limit previously educationally used property from being used again for any future educational purpose by a charter school. Any ordinance, policy, regulation, deed, or contract made in violation of the section would be void from inception, and agreements for such transfers must include maintenance and upkeep provisions.
Impact
HB1363 would preempt local ordinances and certain deed-based limitations that interfere with charter schools acquiring and using school district property for educational purposes. It affects municipalities, school districts, charter schools, and parties to property-sale or lease agreements by invalidating conflicting local rules and contractual restrictions. The bill would also create a new statutory rule in Chapter 160 governing property transfers involving charter schools and educational use.
Sentiment
The bill appears to have generally favorable support in the House, as reflected by strong vote margins on both perfection and third reading. The recorded votes of 99-46 and 107-40 suggest the measure advanced with clear majority backing, though not unanimous support. The available record does not include committee testimony, but the floor votes indicate the bill was broadly supported by proponents of charter school access to public property and opposed by a substantial minority.
Contention
The main point of contention is the bill’s preemption of local control and its invalidation of existing deed restrictions. Opponents are likely concerned that municipalities, school districts, or other property holders should retain authority to decide how surplus property is used and whether charter schools may occupy it. Supporters, by contrast, appear to favor ensuring charter schools can access former school property for educational use without being blocked by local ordinances or restrictive covenants. The bill also raises concerns about the retroactive voiding of existing deed restrictions and the extent to which private or public property agreements can be overridden by state law.