2016 Tennessee Code
Title 49 - Education
Chapter 13 - Tennessee Public Charter Schools Act of 2002
§ 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 during the previous school year:
(a) Another charter school that has an articulation agreement with the enrolling public charter school; provided, that the articulation agreement has been approved by the chartering authority; or
(b) A pre-K program operated by the charter school sponsor;
(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 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) Subject to the requirement of subsections (a) and (b), preference may be afforded to the siblings of a pupil who is already enrolled.
(e) (1) 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 section. In lieu of such certification, a charter school may request that the department of education review and approve the lottery process.
(2) The charter school shall comply with the Family Education Rights and Privacy Act (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.
(3) The state board of education shall promulgate rules and regulations concerning enrollment lotteries to be conducted under this subsection (e). The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) A charter school authorized by the state board may enroll any student in the LEA in which the charter school is located who is in the grades served by the school. However, if a charter school sponsor submits an application with the focus of serving students from a group or groups set forth in § 49-13-106(b)(1)(C), then the school shall give preference in enrollment to students from such group or groups; otherwise the charter school sponsor shall comply with subsection (a). A charter school authorized by the state board may accept students from outside the LEA as provided in subdivision (b)(2).
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