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2017 Tennessee Code
Title 49 - Education
Chapter 13 - Tennessee Public Charter Schools Act of 2002
§ 49-13-122. Revocation or nonrenewal of charter -- Closure of schools.
Universal Citation: TN Code § 49-13-122 (2017)
- (a)
- (1) A public charter school agreement shall be revoked or denied renewal by the final chartering authority if the school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602 for 2017 or any year thereafter. Such revocation shall take effect immediately following the close of the school year in which the school is identified as a priority school.
- (2) A public charter school's identification as a priority school that is scheduled to close under this subsection (a) shall be entitled to a review by the department of education to verify the accuracy of the data used to identify the school as a priority school.
- (3) This subsection (a) shall not apply to schools authorized by the achievement school district pursuant to § 49-1-614 or to schools converted to charter schools under § 49-13-106(b)(2) unless the school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602, for two (2) consecutive cycles.
- (4) Nothing in this subsection (a) shall prohibit a chartering authority from revoking or denying renewal of a charter agreement of a charter school that fails to meet the minimum performance requirements set forth in the charter agreement.
- (b) A public charter school agreement may be revoked at any time or not renewed by the final chartering authority if the chartering authority determines that the school:
- (1) Committed a material violation of any conditions, standards, or procedures set forth in the charter agreement;
- (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or
- (3) Failed to meet generally accepted standards of fiscal management.
- (c) Thirty (30) days prior to any decision by an LEA to revoke a charter agreement, the LEA shall notify the charter school in writing of the possibility of revocation and the reasons for such possible revocation.
- (d) If the chartering authority revokes or does not renew a charter agreement, the chartering authority shall clearly state in writing its reasons for the revocation or nonrenewal.
- (e) Within ten (10) days of a chartering authority voting to renew, not renew, or revoke a charter agreement, the chartering authority shall report to the department of education the decision and shall provide a copy of the chartering authority's resolution setting forth the decision and reasons for the decision.
- (f) A decision to revoke or not to renew a charter agreement may be appealed to the state board of education within ten (10) days of the decision, except for revocations or failures to renew based on the violations specified in subsection (a). Within sixty (60) days after receipt of the notice of appeal and after reasonable public notice, the state board, at a public hearing attended by the board or its designated representative and held in the school district in which the charter school has been operating, shall conduct a de novo on the record review of the chartering authority's decision. In order to overturn an LEA's decision to revoke or not to renew a charter agreement, the state board must find that such decision was contrary to § 49-13-122. The decision of the state board shall be final and not subject to appeal. This subsection shall apply only to decisions to revoke or not to renew a charter agreement where the LEA is the chartering authority.
- (g) Except in the case of fraud, misappropriation of funds, flagrant disregard of the charter agreement, or similar misconduct, a decision to revoke or not to renew a charter agreement shall become effective at the close of the school year.
- (h) If a public charter school voluntarily closes, its charter agreement with the chartering authority shall cease to be effective as of the closing date.
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