Missouri’s fourth-largest school district sued the state Monday to prevent establishment of a new charter school in Boone County.
Columbia Public Schools wants the courts to declare a law passed in 2024 unconstitutional, arguing that it is a local law for one county masquerading as a general law for the entire state.
The district waited to file the lawsuit until Frontier Schools, a Kansas City-based charter operator, applied to the State Board of Education because it represents a threat to the district’s financial health, district leaders said at a news conference.
“These actions are about protecting constitutional principles and ensuring the public education decisions in Boone County are made by people who are accountable to the voters and the families that live here,” said John Lyman, president of the Columbia Board of Education.
The district alleges that the law allowing a charter school in Boone County was passed without the proper notification required by the Missouri Constitution for “local or special laws.” In addition to overturning the law, the lawsuit asks the court to prevent the state board from voting on the application while the lawsuit is pending.
In a message to parents explaining why the district filed the lawsuit, the board insisted it did not oppose the concept of school choice for parents.
“Parents can choose now to send their children to a private or parochial school, and there are scholarships for families in need,” the message stated. “Public education exists to serve all children and charters simply do not.”
Along with suing to overturn the law, the district sent a letter signed by all seven local board members to the state board asking them to reject the Frontier application.
To open in the fall of 2026, Frontier would require approval of its application by Jan. 31. The board is scheduled to meet Jan. 14 and 15, but no agenda has been posted.
If the Jan. 31 deadline is missed, Frontier will aim to open in 2027, spokeswoman Jennifer Gray said in an email to The Independent.
The timing for board consideration is uncertain because the application is under review, said Lucas Bond, spokesman for the Department of Elementary and Secondary Education.
Bond declined to comment on the lawsuit.
Prior to 2024, state law allowed charter schools in Kansas City, St. Louis, unaccredited districts and by sponsorship of the local school board.
The 2024 law made no reference to the need to address educational, administrative or statewide needs by allowing charters to open Boone County, the lawsuit states. Instead, it is an unconstitutional local law, it states, because it uses a population definition for the county — more than 150,000 people and fewer than 200,000 — to say where charters would be allowed.
The Constitution says no such law can be passed without published notice 30 days before it is filed, the lawsuit alleges.
“The state cannot avoid these constitutional obligations by disguising a one-county law behind a pretextual temporary population bracket,” the lawsuit states.
The Senate’s top leader in 2024, then-President Pro Tem Caleb Rowden, a Columbia Republican, inserted the provision in a wide-ranging education bill over objections of local education leaders.
State Sen. Stephen Webber, a Columbia Democrat who succeeded Rowden in the district, has, for the second year, filed a bill to repeal the charter law provision for Boone County.
There are two charter schools under discussion for Boone County but only Frontier has submitted an application. Frontier, which operates four schools in Kansas City, is asking the state board to approve an elementary charter school focused on science, technology, engineering and math, or STEM, education.
The application anticipates enrolling 184 students in grades pre-K through second grade in its first year, growing to 584 and educating students through the fifth grade by the fifth year of operation.
The application states that the demand for the school is based on the evidence of interest found in “national and regional research.”
For Columbia, “the combination of population growth, rising early childhood enrollment, and limited STEM-intensive options in the public elementary system creates a strong market.”
The district already operates one STEM-focused elementary school, with an enrollment of about 220, and provides several STEM enrichment programs including the Boone County Nature School operated in partnership with the Missouri Department of Conservation.
With 18,034 students, Columbia is behind only Springfield, North Kansas City and Rockwood School District in St. Louis County in total enrollment.
In the letter to the state board, Columbia board members targeted what they say is evidence of a cut-and-paste approach for stating the achievement goals of the proposed school. Frontier’s application states that “the Performance Contract (with sponsor St. Louis University) requires that academic goals meet or exceed the aggregated pupil performance of Kansas City Public Schools.”
That shows Frontier is a franchise education program seeking to syphon state and local tax money away from public schools, board member Suzette Waters said at the news conference.
“We do not believe our community is interested in a fast-food-style education for our children,” Waters said. “Truly the best way to know if there is public interest in a charter school in Boone County is to let citizens vote on it.”
Columbia Superintendent Jeff Klein said the charter, if approved, would divert about $4 million of state and local tax money away from the district in the first year and $9 million a year if it meets enrollment goals. The district has a $433 million annual budget, but the reduction in student numbers would not be concentrated, so costs would not change.
Frontier has done no community meetings to measure support and shown no reason why the district is not performing, Klein said.
“Our district already provides quality, choice, innovation and proven outcomes within a system that is fully accredited, fiscally responsible and deeply connected to its community,” he said.
Frontier defended its application, and the need for its school in Columbia, in written responses to questions from The Independent.
The school would comply with state law on its attendance area, support students with special education needs and contribute to educating Columbia’s growing population, the answers stated.
Community meetings will be held after the application is approved to explain the program and attract enrollment, Frontier stated.
“Frontier would engage more directly with families, community members, and local stakeholders to share detailed information about the school and to better understand community interest and needs,” the statement read.
A community youth training and employment organization, Job Point, was the first to announce plans for a charter school in Columbia but the organization has not followed through with a formal application.
The district has consulted with Job Point on how its program can work with the district, Klein said. He said he does not expect the organization to follow through.
“We intend to oppose the establishment of charter schools in Boone County,” Klein said, “as long as we perceive it is not consistent with the will of the community or the interests of the community.”