2010 Tennessee Code
Title 49 - Education
Chapter 13 - Tennessee Public Charter Schools Act of 2002
49-13-113 - Enrollment.

49-13-113. Enrollment.

(a)  Participation in a public charter school shall be based on parental choice or the choice of the legal guardian or custodian.

(b)  (1)  A charter school shall enroll an eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building.

     (2)  (A)  If applications exceed the planned capacity of the public charter school, the following preferences shall apply:

                (i)  Pupils in attendance in the previous school year at any public school that converts to become a public charter school;

                (ii)  Pupils attending public schools within the LEA in which the public charter school is located, if those pupils would otherwise be included in the area in which the public charter school will focus;

                (iii)  Children residing within the LEA service area in which the public charter school is located, but who are not enrolled in public schools, if those children would otherwise be included in the area in which the public charter school will focus; and

                (iv)  Children residing outside the LEA in which the public charter school is located and whose needs would be included in the area in which the public charter school will focus.

          (B)  If enrollment within a group of preference set out in subdivision (b)(2)(A) exceeds the planned capacity of the school, enrollment within that group shall be determined on the basis of a lottery.

(c)  Subject to the requirements of subsections (a) and (b), preference may be afforded to the siblings of a pupil who is already enrolled and to the children of a teacher, sponsor or member of the governing body of the charter school, not to exceed ten percent (10%) of total enrollment or twenty-five (25) students, whichever is less.

(d)  (1)  Notwithstanding provisions of subsections (b) and (c) to the contrary, a charter school shall conduct an initial student application period of at least thirty (30) days. During the initial student application period, students meeting the requirements of § 49-13-106(a)(1)(A)-(D) shall be given priority. If the number of students seeking to be enrolled who meet the requirements of § 49-13-106(a)(1)(A)-(D) exceeds the school's capacity or the capacity of a program, class, grade level or building, then the enrollment of students meeting the requirements of § 49-13-106(a)(1)(B)-(D) shall be determined on the basis of a lottery. If the number of students seeking to be enrolled who meet the requirements of § 49-13-106(a)(1)(A)-(D) does not exceed the capacity of a program, class, grade level or building, then, after the initial student application period, the charter school may enroll students in such program, class, grade level or building who meet the requirements of § 49-13-106(a)(1)(E). If the number of students seeking to be enrolled who meet the requirements of § 49-13-106(a)(1)(E) exceeds the school's capacity or the capacity of a program, class, grade level or building remaining after the initial student application period has ended, then enrollment for students meeting the requirements of § 49-13-106(a)(1)(E) shall be determined on the basis of a lottery. Any lottery required to be conducted under this subsection (d) shall be conducted within seven (7) days after the end of the initial student application period. After the initial student application period, a charter school with unfilled capacity in a program, class, grade level or building may enroll any student seeking enrollment in the program, class, grade level or building who meets the requirements of § 49-13-106(a)(1)(A)-(E).

     (2)  A charter school shall provide to the department of education certification by an independent accounting firm or by a law firm that each lottery conducted for enrollment purposes complied with the requirements of this subsection (d). In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.

     (3)  The charter school shall comply with the Family Education Rights and Privacy Act, codified in 20 U.S.C. § 1232g, with respect to the publication of any list of students' names before, during or after the enrollment and lottery process.

     (4)  This subsection (d) shall only apply in LEAs in which students are eligible to enroll in charter schools pursuant to § 49-13-106(a)(1)(E).

     (5)  The state board of education shall promulgate rules and regulations concerning enrollment lotteries to be conducted under this subsection (d). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

[Acts 2002, ch. 850, § 13; 2009, ch. 555, § 21.]