1 | 1 | | |
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2 | 2 | | SENATE BILL 1020 |
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3 | 3 | | By White |
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4 | 4 | | |
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5 | 5 | | HOUSE BILL 1162 |
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6 | 6 | | By Stevens |
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7 | 7 | | |
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8 | 8 | | |
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9 | 9 | | HB1162 |
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10 | 10 | | 003166 |
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11 | 11 | | - 1 - |
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12 | 12 | | |
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13 | 13 | | AN ACT to amend Tennessee Code Annotated, Title 49, |
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14 | 14 | | relative to public charter schools. |
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15 | 15 | | |
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16 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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17 | 17 | | SECTION 1. Tennessee Code Annotated, Section 49-2-140, is amended by adding the |
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18 | 18 | | following as a new subsection: |
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19 | 19 | | (h) A public charter school, as defined in § 49-13-104, that is authorized by a |
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20 | 20 | | county LEA may operate within the geographic boundaries of a municipal LEA pursuant |
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21 | 21 | | to § 49-13-137. Subsections (c)-(g) do not apply to a public charter school that is |
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22 | 22 | | authorized by a county LEA and that is operating within the geographic boundaries of a |
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23 | 23 | | municipal LEA pursuant to § 49-13-137. |
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24 | 24 | | SECTION 2. Tennessee Code Annotated, Section 49-13-105(a), is amended by |
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25 | 25 | | deleting the third sentence of the subsection and substituting instead the following: |
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26 | 26 | | Except as provided in § 49-13-137, a public charter school that is authorized by |
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27 | 27 | | the commission must operate within the geographic boundaries of the local board |
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28 | 28 | | of education that denied approval of the initial public charter school application. |
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29 | 29 | | SECTION 3. Tennessee Code Annotated, Section 49-13-113(c), is amended by adding |
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30 | 30 | | the language "pursuant to its charter agreement, but not pursuant to § 49-13-137," after the |
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31 | 31 | | language "is located" wherever it appears in the subsection. |
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32 | 32 | | SECTION 4. Tennessee Code Annotated, Section 49-13-113(b), is amended by |
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33 | 33 | | deleting the subsection and substituting instead the following: |
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34 | 34 | | (b) |
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35 | 35 | | |
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36 | 36 | | |
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37 | 37 | | - 2 - 003166 |
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38 | 38 | | |
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39 | 39 | | (1) A public charter school authorized by the commission is open to |
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40 | 40 | | students residing within the geographic boundaries of the LEA in which the public |
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41 | 41 | | charter school is authorized to locate in its charter agreement. |
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42 | 42 | | (2) A public charter school that operates, pursuant to § 49-13-137, |
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43 | 43 | | outside the geographic boundaries of the LEA in which the public charter school |
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44 | 44 | | is authorized to locate in its charter agreement is not open to students residing |
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45 | 45 | | within the geographic boundaries of the LEA in which the public charter school is |
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46 | 46 | | operating pursuant to § 49-13-137, unless the LEA in which the public charter |
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47 | 47 | | school is authorized to locate in its charter agreement has a policy allowing out- |
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48 | 48 | | of-district enrollment. |
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49 | 49 | | SECTION 5. Tennessee Code Annotated, Section 49-13-113(d)(4)(E), is amended by |
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50 | 50 | | deleting "of the LEA in which the public charter school is located" and substituting instead "of |
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51 | 51 | | the LEA in which the public charter school is authorized to locate in its charter agreement". |
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52 | 52 | | SECTION 6. Tennessee Code Annotated, Section 49-13-113(e), is amended by |
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53 | 53 | | designating the existing language as subdivision (1) and adding the following as a new |
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54 | 54 | | subdivision: |
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55 | 55 | | (2) Subdivision (e)(1) does not allow a public charter school authorized by the |
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56 | 56 | | ASD to enroll additional students residing within the geographic boundaries of an LEA in |
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57 | 57 | | which the public charter school is operating pursuant to § 49-13-137. |
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58 | 58 | | SECTION 7. Tennessee Code Annotated, Section 49-13-136(c), is amended by adding |
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59 | 59 | | the following as a new subdivision: |
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60 | 60 | | (7) An LEA in which one (1) or more public charter schools operate, but only |
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61 | 61 | | pursuant to § 49-13-137, is not required to comply with the requirements of this |
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62 | 62 | | subsection (c). This subsection (c) only applies to an LEA in which one (1) or more |
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63 | 63 | | |
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64 | 64 | | |
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65 | 65 | | - 3 - 003166 |
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66 | 66 | | |
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67 | 67 | | public charter schools operate pursuant to a charter agreement that authorizes the |
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68 | 68 | | public charter school to locate within the geographic boundaries of that LEA. |
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69 | 69 | | SECTION 8. Tennessee Code Annotated, Title 49, Chapter 13, is amended by adding |
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70 | 70 | | the following as a new section: |
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71 | 71 | | 49-13-137. Limited operation outside the geographic boundaries of the LEA. |
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72 | 72 | | A public charter school may operate outside the geographic boundaries of the |
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73 | 73 | | LEA in which the public charter school is authorized to locate in its charter agreement, if: |
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74 | 74 | | (1) The public charter school needs additional space, facilities, or |
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75 | 75 | | buildings to serve the students of the public charter school; and |
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76 | 76 | | (2) The public charter school enters into a written agreement for the |
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77 | 77 | | lease of buildings or facilities, or portions thereof, that are located in the same |
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78 | 78 | | county as the LEA in which the public charter school is authorized to locate in its |
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79 | 79 | | charter agreement; provided, that the buildings or facilities, or portions thereof, |
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80 | 80 | | leased by the public charter school are used for educational purposes. |
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81 | 81 | | SECTION 9. The heading in this act is for reference purposes only and does not |
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82 | 82 | | constitute a part of the law enacted by this act. However, the Tennessee Code Commission is |
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83 | 83 | | requested to include the heading in any compilation or publication containing this act. |
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84 | 84 | | SECTION 10. This act takes effect upon becoming a law, the public welfare requiring it, |
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85 | 85 | | and applies to the 2025-2026 school year and each school year thereafter. |
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