2018 Tennessee Code
Title 49 - Education
Chapter 13 - Tennessee Public Charter Schools Act of 2002
§ 49-13-142. Oversight and monitoring of charter schools authorized by state board upon appeal from denial of approval of a charter school application by certain LEAs.
(a) This section shall only apply to charter schools authorized by the state board of education upon appeal from a denial of approval of a charter school application by an LEA that contains at least one (1) priority school on the current or last preceding priority school list.
(b)
(1) Except as provided in subdivision (b)(3), oversight and monitoring of charter schools authorized by the state board of education shall be performed by the state board. As requested, the department of education shall assist the state board with general oversight of any charter school authorized by the state board.
(2) A charter school authorized by the state board shall continue to be overseen and monitored by the state board notwithstanding the subsequent removal of all schools in an LEA from the priority school list; provided, however, that in the case of a charter school authorized by the state board but renewed by the LEA in accordance with § 49-13-121(b), the LEA becomes the chartering authority and shall be responsible for oversight and monitoring of the charter school.
(3) A charter school authorized by the state board and the LEA in which the charter school is located may, within thirty (30) calendar days of such authorization, mutually agree that the charter school shall be overseen and monitored by the LEA. Any such agreement shall be filed with the state board in a manner prescribed by the state board. This subdivision (b)(3) shall also apply to charter schools renewed on appeal by the state board.
(c)
(1) Except as provided in subdivision (c)(2), for accountability purposes under § 49-1-602, the performance of a charter school authorized by the state board of education shall not be attributable to the LEA.
(2) If a charter school authorized by the state board and the LEA in which the charter school is located mutually agree that the charter school shall be overseen and monitored by the LEA pursuant to subdivision (b)(2), then, for accountability purposes under § 49-1-602, the performance of the charter school shall be attributable to the LEA.
(d) The state board shall receive from the department of education or from the LEA in which the charter school is located, as appropriate, an amount equal to the per student state and local funds received by the department or the LEA in which the charter school is located for the students enrolled in a charter school authorized by the state board. The state board shall receive for the charter schools it authorizes all appropriate allocations of federal funds as do other LEAs under federal law or regulations, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements shall be made in accordance with procedures developed by the department. Funding for charter schools authorized by the state board shall be in accordance with §§ 49-13-112 and 49-13-118.
(e) The department shall determine the amount of the state BEP non-classroom component for capital outlay to be distributed, according to § 49-13-112(c), to a charter school authorized by the state board. The LEA shall pay to the department one hundred percent (100%) of the required local match under the BEP for capital outlay as a nonclassroom component for distribution to the charter school.
(f) A charter school authorized by the state board may contract with the LEA in which the school operates for school support services or student support services, including, but not limited to, food services and transportation.
(g) The state board of education is the LEA for all charter schools it authorizes.
