Prospective Student Population for Charter Schools

In 2005, the Tennessee General Assembly amended the charter school law stating:

Public charter schools may be formed to provide quality educational options for students. The prospective student population will be:

• Students who were previously enrolled in a charter school; or
• Students who are assigned to, or were previously enrolled in a school failing to make adequate yearly progress, as defined by the state’s accountability system, giving priority to at-risk students; or
• Students who, in the previous school year, failed to test proficient in the subjects of language arts/reading or mathematics in grades three (3) through eight (8) on the Tennessee comprehensive assessment program examinations; or
• Students who, in the previous school year, failed to test proficient on the gateway examinations in language arts/reading or mathematics.

Methods of Forming Public Charter Schools

A public charter school may be formed by creating a new school or converting an eligible public school to charter status.

Newly Created Public Charter Schools

The sponsor of a public charter school must file a public charter school application with the local board of education on or before October 1 of the year preceding the year in which the proposed public charter school plans to begin operation. A sponsor is defined as any individual, group, or other organization filing an application in support of the establishment of a public charter school, provided, however, that a sponsor cannot be a for-profit entity, a private school, a religious or church school, or promote the agenda of any religious denomination or religiously affiliated entity. Upon approval of a charter application, the sponsor shall authorize a governing body to operate the public charter school. A public charter school shall be operated by a not-for-profit organization with exemption from federal taxation under 501(c)(3) of the Internal Revenue Code. No charter shall be granted to a for-profit corporation, and no cyber-based public charter school may be authorized.

Conversion of Eligible Schools to Charter Status

An eligible public school may convert to a public charter school pursuant to the provisions of the charter school law if the parents of sixty percent (60%) of the children enrolled at the school or sixty percent (60%) of the teachers assigned to the school agree and demonstrated support by signing a petition seeking conversion and the local education agency (LEA) agrees to the conversion. An LEA may also convert an eligible public school to a public charter school. The conversion of a traditional public school to a public charter school must occur at the beginning of an academic year. No charter agreement shall be granted that authorizes the conversion of any private, parochial, cyber-based, or home-based school to charter status.

Appeals of Denied Applications

A denial of a charter school application by the local education agency (LEA) may be appealed to the Tennessee State Board of Education. A separate entity from the Tennessee Department of Education, the State Board of Education is the governing and policy making body for the Tennessee system of public elementary and secondary education. The only exception to the opportunity to appeal is in the case where an LEA’s decision whether to convert an eligible public school to a charter school may not be appealed to the State Board of Education.

Waivers

The charter school law specifies that public charter schools shall be part of the state program of public education, and clarifies that except where prohibited, the sponsor of a proposed public charter school may apply either to the local education agency or the commissioner of education for a waiver of any state board rule or statute that inhibits or hinders the proposed charter school’s ability to meet its goals or comply with it’s mission statement. Neither the LEA nor the commissioner may waive regulatory or statutory requirements related to: (1) federal and state civil rights, (2) federal, state, and local health and safety, (3) federal and state public records, (4) immunizations, (5) possession of weapons on school grounds, (6) background checks and fingerprinting of personnel, (7) federal and state special education services, (8) student due process, (9) parental rights, (10) federal and state student assessment and accountability, (11) open meetings, and (12) at least the same equivalent time of instruction as required in regular public schools. Rules of procedure for the commissioner’s review of charter school waiver requests are outlined in Chapter 0520-14-2 of Rules of the State Board of Education Charter Schools.

Number of Public Charter Schools

Prior to 2008, at which time the Tennessee General Assembly is scheduled to evaluate the effectiveness of charter schools for the purpose of re-enactment or extension of the charter school statute, the number of charter schools created shall not exceed, statewide, 50 in number, 20 of which shall be located within a home rule municipality of a county with a population greater than 897,400, and four of which shall be located within a county with a population greater than 897,400.

Charter School Authorizers

Local education agencies are designated as the chartering authority for public charter schools. Chartering authority means the local board of education which approves, renews, or decides not to revoke a public charter school application or agreement. 

Additional Information

• A public charter school shall operate as a public, nonsectarian, non-religious public school, with control of instruction vested in the governing body of the school under the general supervision of the chartering authority and in compliance with the charter agreement and the charter school law.
• Public charter schools must administer state assessments and meet the same performance standards and requirements adopted by the state board of education for traditional public schools.
• The meetings of the governing body of a public charter school shall be deemed public business and must be held in compliance with title 8, chapter 44, part 1.
• All teachers in a public charter school must have a current valid Tennessee teaching license, or meet the minimum requirements for licensure as defined by the state board of education.
• Public charter schools are subject to state audit procedures and audit requirements.
• Local boards of education must allocate 100 percent of state and local education funds to the charter school on the per pupil expenditure of the LEA
• The governing body of the public charter school shall make at least an annual progress report to the sponsor of the school, the chartering authority, and the commissioner of education.
• New public charter schools, conversion schools and all renewals of charter agreements shall be for five-year periods. Public charter school agreements may be revoked or denied renewal by the final chartering authority as outlined in T.C.A. 49-13-122.