JEFFERSON CITY • A St. Louis charter school under fire for bad performance fought for its life Friday, its future in the hands of a Cole County judge.

The State Board of Education voted last month to reject the application of Paideia Academy, a charter elementary school that had been operating in one form or another since 2001. Citing low test scores and poor management, the state board took action that could lead to the school closing its campuses in north and south St. Louis.

Paideia sued, however, and its attorney argued Friday before Cole County Circuit Judge Jon Beetem that the state had no right to consider test scores as a reason for dismissing its application.

"There is insufficient evidence to deny the application and put 300 students on the street," attorney Thomas Carter said.

The battle exposes what some regard as a failing of charter school law. The schools were touted as alternatives to traditional public schools that could be closed swiftly if they fail to perform. But in Missouri and elsewhere, efforts to close failing charters have often been stymied by litigation and red tape.

Carter said that even if Beetem rules against Paideia, the school plans to open this fall and would appeal the ruling to a higher court.

If the school were to reopen without a charter, it would have to do so without state funds. And, it would have to find another building to keep its south St. Louis presence. The school no longer leases the old St. Boniface Catholic School, 7604 Michigan Avenue. Next month, another charter elementary school — Carondelet Leadership Academy — will open in that building.

"There's been a bit of a controversy and a problem because Paideia was insisting they would open, but they will not open at the previous site," said Gloria Shelton, regional manager for American Quality Schools, a not-for-profit management company that will oversee Carondelet Leadership Academy.

Since charter schools first opened in Missouri a decade ago, oversight has largely fallen to sponsoring institutions, typically universities. In a few cases, sponsors have closed a failing charter school or refused to remain as sponsor. A few charter schools have closed on their own.

But until last month's vote, the state education department had not played such a direct role in closing a charter.

"One of the purposes of charter schools is to relieve you from regulations," said David Liechti, president of the State Board of Education. "But on the other hand, we have the best interest of the kids at heart, and we want them to achieve."

Missouri Education Commissioner Chris Nicastro, who has said that more should be required of charter school sponsors and that the state board should have more authority to close a failing school, had recommended that officials deny Paideia's application.

Whether Paideia even has a sponsoring institution was a key issue in Friday's hearing. Lincoln University had sent a letter to the state indicating its intent to take over sponsorship from the Missouri University of Science and Technology, which had pulled its sponsorship. But Lincoln's Board of Curators had never voted on the sponsorship, and it was unclear at the time the Board of Education made its decision whether Paideia truly had a sponsor.

With or without the sponsorship, Paideia's application for a charter was inadequate in several areas, testified Jocelyn Strand, the state's director of charter schools.

Paideia is one of two St. Louis charter schools facing closure this year. Ethel Hedgeman Lyle Academy, which lost its sponsor in April, has been troubled for years with low academic performance, staff turnover and infighting among leaders and students. Owing nearly 100 creditors more than $5 million, Lyle's debt abruptly forced students to finish the year under the domain of St. Louis Public Schools. Now, Lyle's more than 700 students must enroll in different schools this fall.

Paideia, formerly St. Louis Charter Academies, was part of an original plan in 2001 that attracted national attention. Then-state Sen. Peter Kinder and several pastors planned to open four tuition-free schools for 3,000 St. Louis students. A Wall Street Journal editorial called the schools "the chance of a lifetime" for St. Louis children.

Charter consultant Richard Hay, who guided Paideia through the application process, testified Friday that while Paideia's test scores are low, they are comparable to other public schools in the city.

"Paideia has never denied that its test scores are low," Hay said. "The students they serve come in with bad scores."