2019 Tennessee Code
Title 49 - Education
Chapter 13 - Tennessee Public Charter Schools Act of 2002
§ 49-13-108. Approval or denial of public charter school application by public charter school authorizers.
(a) Public charter school authorizers have the authority to approve applications to establish public charter schools and to make decisions regarding the renewal and revocation of a charter agreement.
(b)
(1) This section only applies to applications for the creation of new public charter schools that are submitted to a local board of education.
(2) The local board of education shall rule by resolution, at a regular or specially called meeting, to approve or deny a public charter school application no later than ninety (90) days after the local board of education's receipt of the completed application. If the local board of education fails to approve or deny a public charter school application within the ninety-day time period prescribed in this subdivision (b)(2), then the public charter school application shall be deemed approved.
(3) The grounds upon which the local board of education based a decision to deny a public charter school application must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days from receipt to submit an amended application to correct the deficiencies. The local board of education has sixty (60) days from receipt of an amended application to deny or to approve the amended application. If the local board of education fails to approve or deny the amended application within sixty (60) days, then the amended application shall be deemed approved.
(4)
(A) Until 11:59 p.m. on December 31, 2020:
(i) A denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor to the state board of education no later than ten (10) days after the date of the final decision to deny. The appeal and review process must be conducted in accordance with this subdivision (b)(4);
(ii) No later than sixty (60) days after the state board of education receives a notice of appeal, or after the state board of education makes a motion to review and provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education's designated representative and held in the LEA in which the proposed public charter school submitted the public charter school application, shall conduct a de novo on the record review of the proposed public charter school's application and make its findings;
(iii) The state board of education or the state board of education's executive director, acting for the state board of education, may allow a sponsor to make corrections to the sponsor's application on appeal, except for the elements of the application required under § 49-13-107(b)(1), (2), (4), (6), (9), (12), (13), (18), and (20);
(iv) If the application is for a public charter school in an LEA that does not contain a priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education shall remand the decision to the local board of education with written instructions for approval of the public charter school application. The grounds upon which the state board of education based its decision to remand the application must be stated in writing and must specify objective reasons for the state board of education's decision. The state board of education's decision is final and is not subject to appeal. The local board of education shall be the authorizer; and
(v) If the application is for a public charter school in an LEA that contains at least one (1) priority school on the current or last preceding priority school list, and if the state board of education finds that the local board of education's decision was contrary to the best interests of the students, LEA, or community, then the state board of education may approve the application for the public charter school. The state board of education's decision is final and is not subject to appeal. The state board shall be the authorizer.
(B) This subdivision (b)(4) is repealed at 11:59 p.m. on December 31, 2020.
(5) Beginning immediately upon the repeal of subdivision (b)(4):
(A) A sponsor may appeal a local board of education's decision to deny a public charter school application to the commission no later than ten (10) days after the date of the local board of education's decision. The appeal and review process must be conducted in accordance with this subdivision (b)(5);
(B) After receiving a notice of appeal, the commission or the commission's designee shall:
(i) Hold an open meeting in the LEA in which the proposed public charter school submitted the public charter school application. The meeting must be open to representatives from the local board of education and the sponsor. Notice of the meeting must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the meeting, notice of the meeting must be:
(a) Published in a newspaper of general circulation in the county where the LEA is located; and
(b) Posted on the commission's website; and
(ii) Conduct a de novo on the record review of the proposed public charter school's application;
(C) The commission shall either approve or deny a public charter school application no later than seventy-five (75) days from the commission's receipt of the notice of appeal;
(D) The commission shall review applications on appeal in accordance with the state board of education's quality public charter school authorizing standards. Except as provided in subsection (c), if the commission finds that the application meets or exceeds the metrics outlined in the department of education's application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the commission may approve the public charter school's application. The commission's decision is final and is not subject to appeal. If the commission approves an application, then the commission is the authorizer and the LEA for that public charter school;
(E) Notwithstanding subdivision (b)(5)(D), a public charter school authorized by the commission, and the local board of education of the LEA in which the public charter school is located, may, within thirty (30) calendar days of the public charter school's authorization, mutually agree in writing that the local board of education will be the authorizer and the LEA for the public charter school, and the local board of education shall assume the rights and responsibilities of the charter agreement. The charter agreement must be filed with the commission in a manner prescribed by the commission. This subdivision (b)(5)(E) also applies to a public charter school that has had its charter agreement renewed on appeal by the commission; and
(F)
(i) For accountability purposes under § 49-1-602, the performance of a public charter school authorized by the commission is not attributable to the LEA in which the public charter school is geographically located; and
(ii) Notwithstanding subdivision (b)(5)(F)(i), if a public charter school authorized by the commission, and the LEA in which the public charter school is geographically located, mutually agree that the local board of education will be the authorizer and the LEA for the public charter school pursuant to subdivision (b)(5)(E), then for accountability purposes under § 49-1-602, the public charter school's performance shall be attributable to the LEA.
(c) The local board of education may consider whether the establishment of the proposed public charter school will have a substantial negative fiscal impact on the LEA such that authorization of the public charter school would be contrary to the best interest of the students, LEA, or community. If a local board of education's decision to deny a public charter school application is based on substantial negative fiscal impact, then the commission shall consider the fiscal impact of the public charter school on the LEA before approving a public charter school on appeal. The commission may request additional information from the public charter school sponsor and the LEA regarding such consideration. The commission shall not approve for operation any public charter school that the commission determines will have a substantial negative fiscal impact on an LEA, such that authorization of the public charter school would be contrary to the best interests of the students, LEA, or community.
(d)
(1) An authorizer may deny a public charter school application if the proposed public charter school plans to staff positions for teachers, administrators, ancillary support personnel, or other employees by utilizing, or otherwise relying on, nonimmigrant foreign worker H1B or J1 visa programs in excess of three and one half percent (3.5%) of the total number of positions at any single public charter school location for any school year.
(2) Notwithstanding subdivision (d)(1), an authorizer shall not deny a public charter school application solely because the proposed public charter school plans to exceed the limitation in subdivision (d)(1) by employing foreign language instructors who, prior to employment, meet and, during the period for which the instructors' H1B or J1 visas have been granted, will meet all Tennessee educator licensure requirements. If an authorizer denies a public charter school application under this subsection (d), then the sponsor may appeal the authorizer's decision to deny the application as provided in subsection (b).
(e) An authorizer shall not base the authorizer's approval of a public charter school application on conditions or contingencies.
(f) The state board of education shall adopt quality public charter school authorizing standards based on national best practices. Authorizers shall adopt the authorizing standards approved by the state board of education.
(g) No later than ten (10) days after the approval or denial of a public charter school application, the authorizer shall report to the department of education whether the authorizer approved or denied the application. The authorizer shall provide the department with a copy of the authorizer's resolution that provides the authorizer's decision and the reasons for the authorizer's decision.
