Judge rules for state in Boone County charter school battle
COLUMBIA, Mo. (KMIZ)
A Cole County judge ruled in favor of the state in a battle over a Boone County charter school on Thursday, determining that a law that allows charter schools in Boone County is constitutional.
The suit was filed in December 2025, with Columbia Public Schools claiming Senate Bill 727, which was passed in 2024, unlawfully singles out Boone County. The law states that charter schools can operate in counties of "between 150,000 and 200,000 inhabitants."
While the bill does not name Boone County, it is the only county in the state that fits this description.
During court hearings, the state claimed that Boone County is a good candidate for a charter school for several reasons, including the law's population guidelines.
Judge Emily Fretwell wrote that the state's law was created rationally and that arguments have not proven that the General Assembly was targeting Boone County with the law.
"The General Assembly could have similarly believed that counties below this threshold would lack sufficient demand for charter schools. Even if this classification is not 'perfect,' it is not arbitrary and unreasonable,” Fretwell wrote.
In a statement, CPS spokesperson Michelle Baumstark reported CPS was disappointed in the ruling.
"Legislation that singles out Boone County for treatment different from other Missouri communities is a matter of statewide significance. The district intends to appeal this decision as we believe the constitutional questions raised by this legislation deserve further judicial review."
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. 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," the statement said.
Fretwell added that the state's additional arguments for a charter school in Boone County, including its high achievement gap between student demographic groups in public schools and proximity to a higher education institution, made the county viable for a charter school.
The Missouri Board of Education in April approved an application by Frontier Charter School sponsored by Saint Louis University to open in the Columbia area. The school will be STEM-focused and plans to start operations in 2027 with only pre-K through second-grade students.
Frontier will add a grade every year. The school plans to welcome fifth-grade students by the start of the 2031-32 school year and have full enrollment by the 2032-33 school year.
In their statement, CPS also warned of potential funding issues that come with charter schools.
"Charter schools divide limited taxpayer dollars among competing systems, do not serve all students, and weaken the educational opportunities available to those students who remain in traditional public schools. Public education policy should strengthen our schools, support student achievement, and ensure every child has access to high-quality educational opportunities. Columbia Public Schools is committed to protecting the resources necessary to provide an excellent education for all students," the statement said.
CPS filed a second lawsuit against the State Board of Education in September, claiming the board did not follow proper procedure in its approval and that Frontier's application failed to meet several required deadlines.
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