Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1310 Compare Versions

Only one version of the bill is available at this time.

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2	2	<BillNo> <Sponsor>
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4	4	SENATE BILL 1310
5	5	By Johnson
6	6
7	7
8	8	SB1310
9	9	000922
10	10	- 1 -
11	11
12	12	AN ACT to amend Tennessee Code Annotated, Title 49,
13	13	Chapter 13, relative to charter schools.
14	14
15	15	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
16	16	SECTION 1. Tennessee Code Annotated, Section 49-13-104, is amended by deleting
17	17	subdivision (4) and substituting instead:
18	18	(4) "Authorizer" means a local board of education, the Tennessee public charter
19	19	school commission, or the achievement school district as defined in § 49-1-614, that
20	20	makes decisions regarding approval, renewal, and revocation of a public charter school
21	21	application or agreement;
22	22	SECTION 2. Tennessee Code Annotated, Section 49-13-104, is amended by adding
23	23	the following as a new subdivision:
24	24	( ) "Replication" means the creation of one (1) or more charter schools pursuant
25	25	to the process authorized in § 49-13-137 that utilize the same academic focus of an
26	26	existing charter school operated by a sponsor or governing body;
27	27	SECTION 3. Tennessee Code Annotated, Section 49-13-106(i), is amended by deleting
28	28	the subsection and substituting instead:
29	29	(i) If a sponsor seeks to establish a new public charter school, including an
30	30	opportunity charter school, then the sponsor must apply to the local board of education
31	31	or to the commission, if direct application to the commission is authorized in this chapter.
32	32	SECTION 4. Tennessee Code Annotated, Section 49-13-107(a), is amended by
33	33	deleting "department of education" and substituting instead "commission".
34	34	SECTION 5. Tennessee Code Annotated, Section 49-13-107(a), is amended by adding
35	35	the following language at the end of the subsection:
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40	40	The commission shall make letters of intent received by the commission available on its
41	41	website no later than ten (10) days from the date on which the letter was received.
42	42	SECTION 6. Tennessee Code Annotated, Section 49-13-107(b), is amended by
43	43	deleting the language that precedes the colon ":" and substituting instead:
44	44	On or before February 1 of the year preceding the year in which the proposed
45	45	public charter school plans to begin operation, the sponsor seeking to establish a public
46	46	charter school shall prepare and file with the authorizer an application using an
47	47	application template developed by the state board of education in coordination with the
48	48	commission. The authorizer shall report each application received by the authorizer to
49	49	the commission no later than ten (10) days from the date on which the authorizer
50	50	received the application. A completed application must provide the following information
51	51	and documents
52	52	SECTION 7. Tennessee Code Annotated, Section 49-13-108, is amended by deleting
53	53	subdivision (b)(4).
54	54	SECTION 8. Tennessee Code Annotated, Section 49-13-108(b)(5), is amended by
55	55	deleting the language "Beginning immediately upon the repeal of subdivision (b)(4)" and
56	56	substituting instead the language "Beginning on January 1, 2021".
57	57	SECTION 9. Tennessee Code Annotated, Section 49-13-108(b)(5)(D), is amended by
58	58	deleting the language "department of education's" and substituting instead "state board of
59	59	education's".
60	60	SECTION 10. Tennessee Code Annotated, Section 49-13-108(g), is amended by
61	61	adding the language "and the commission" after "department of education".
62	62	SECTION 11. Tennessee Code Annotated, Section 49-13-108(g), is amended by
63	63	adding the language "and the commission" after "provide the department".
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68	68	SECTION 12. Tennessee Code Annotated, Section 49-13-108, is amended by deleting
69	69	the language "This section only applies to" in subdivision (b)(1) and substituting instead the
70	70	language "Subsections (b)-(d) only apply to" and by adding the following new subsections:
71	71	(h)
72	72	(1) Beginning on July 1, 2025, if the commission has overturned a local
73	73	board of education's decision to deny a public charter school application on three
74	74	(3) separate occasions within a three-consecutive-year period, then, for the five-
75	75	consecutive-year period immediately following the date on which the commission
76	76	overturned the board's third decision to deny a public charter school application
77	77	within the last three (3) years, any sponsor that seeks to establish a new public
78	78	charter school in that LEA may apply directly to the commission.
79	79	(2) If a sponsor elects to apply directly to the commission pursuant to this
80	80	subsection (h), then the application process must be conducted in accordance
81	81	with § 49-13-107 and with the following:
82	82	(A) The commission shall rule by resolution, at a regularly or
83	83	specially called meeting, to approve or deny a public charter school
84	84	application no later than ninety (90) days after the date on which the
85	85	commission received the completed application. If the commission fails
86	86	to approve or deny a public charter school application within ninety (90)
87	87	days, then the public charter school application is deemed approved;
88	88	(B) If the commission denies an application, then the grounds for
89	89	denial must be stated in writing and must specify objective reasons for the
90	90	denial. Upon receipt of the grounds for denial, the sponsor has thirty (30)
91	91	days to submit an amended application to correct any deficiencies. Upon
92	92	receipt of the amended application, the commission has sixty (60) days to
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97	97	deny or approve the amended application. If the commission fails to
98	98	approve or deny the amended application within sixty (60) days, then the
99	99	amended application is deemed approved;
100	100	(C) If the commission approves an application, then the
101	101	commission is the authorizer and LEA for that public charter school; and
102	102	(D) The commission's decision is final and not subject to appeal.
103	103	(3) After the five-consecutive-year period during which a sponsor may
104	104	apply directly to the commission for approval pursuant to this subsection (h), a
105	105	sponsor that seeks to establish a new public charter school must apply directly to
106	106	the local board of education unless the conditions in subdivision (h)(1) are met in
107	107	the future.
108	108	(i)
109	109	(1) A public institution of higher education in this state that seeks to open
110	110	a public charter school may apply to the local board of education or directly to the
111	111	commission. If a public institution of higher education in this state elects to apply
112	112	directly to the commission for approval of its public charter school application,
113	113	then the application process must be conducted in accordance with § 49-13-107.
114	114	(2) Notwithstanding § 49-13-113(d)(6), a public charter school sponsored
115	115	by a public institution of higher education in this state may give an enrollment
116	116	preference to children of the public institution of higher education's employees or
117	117	members of the institution's governing body, not to exceed twenty-five percent
118	118	(25%) of the public charter school's total enrollment.
119	119	SECTION 13. Tennessee Code Annotated, Section 49-13-110(d), is amended by
120	120	deleting the subsection and substituting instead:
121	121
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125	125	(d) The governing body of the public charter school may petition the authorizer
126	126	to amend the charter agreement. The commission shall determine the timelines for
127	127	approval and the appeal process. If the authorizer is the commission, then an appeal
128	128	shall not be made of the commission's decision to deny a petition to amend the charter
129	129	agreement. The governing body of a public charter school may petition the authorizer
130	130	for voluntary termination of the charter agreement before the charter agreement expires.
131	131	SECTION 14. Tennessee Code Annotated, Section 49-13-111(a)(4), is amended by
132	132	deleting "Except as provided in § 49-13-142(d), receive" and substituting instead "Receive".
133	133	SECTION 15. Tennessee Code Annotated, Section 49-13-116(a), is amended by
134	134	deleting "department" and substituting instead "state board".
135	135	SECTION 16. Tennessee Code Annotated, Section 49-13-116(b), is amended by
136	136	deleting "department of education" and substituting instead "commission".
137	137	SECTION 17. Tennessee Code Annotated, Section 49-13-116(b), is amended by
138	138	adding the following language at the end of the subsection:
139	139	The commission shall annually make the information described in this subsection
140	140	(b) available on its website.
141	141	SECTION 18. Tennessee Code Annotated, Section 49-13-120, is amended by deleting
142	142	the section and substituting instead:
143	143	(a) The commissioner of education shall prepare an annual report on public
144	144	charter schools that includes, at a minimum:
145	145	(1) Public charter school enrollment;
146	146	(2) Geographic distribution of public charter schools; and
147	147	(3) Public charter school performance, as evidenced by the information
148	148	provided pursuant to subdivision (b)(3).
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153	153	(b) In addition to the annual audit of accounts and records of its approved public
154	154	charter schools pursuant to § 49-13-127, each authorizer shall, by January 1 each year,
155	155	submit an annual authorizing report to the state board of education and make the annual
156	156	authorizing report available on its website. The annual authorizing report must include:
157	157	(1) The operating status of the public charter schools approved by the
158	158	authorizer with a designation of:
159	159	(A) Approved, but not yet open;
160	160	(B) Open and operating;
161	161	(C) Revoked, including the reason for revocation;
162	162	(D) Nonrenewed; or
163	163	(E) Closed, including the closing date and reason for closing;
164	164	(2) The oversight and contracted services, if any, provided by the
165	165	authorizer to the public charter schools approved by the authorizer; and
166	166	(3) A performance report for each public charter school it oversees, in
167	167	accordance with the performance framework set forth in the charter agreement.
168	168	SECTION 19. Tennessee Code Annotated, Section 49-13-121(a), is amended by
169	169	deleting "department of education" and substituting instead "state board of education in
170	170	consultation with the commission".
171	171	SECTION 20. Tennessee Code Annotated, Section 49-13-121(a), is amended by
172	172	adding the following language at the end of the subsection:
173	173	The authorizer shall report each renewal application received by the authorizer to
174	174	the commission no later than ten (10) days from the date on which the authorizer
175	175	received the renewal application.
176	176	SECTION 21. Tennessee Code Annotated, Section 49-13-121(d), is amended by
177	177	deleting "progress reports" and substituting instead "authorizing report".
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182	182	SECTION 22. Tennessee Code Annotated, Section 49-13-121(e), is amended by
183	183	deleting the subsection.
184	184	SECTION 23. Tennessee Code Annotated, Section 49-13-121(f), is amended by
185	185	deleting "Beginning immediately upon the repeal of subdivision (e)" and substituting instead
186	186	"Beginning on January 1, 2021".
187	187	SECTION 24. Tennessee Code Annotated, Section 49-13-121(f)(3), is amended by
188	188	deleting the subdivision and substituting instead:
189	189	(3) Notwithstanding subsection (g), the first sentence of § 49-13-110(b), and §
190	190	49-13-110(c), if the commission approves the renewal of a charter agreement on appeal
191	191	from a local board of education, then the public charter school and the commission shall
192	192	enter into a renewed charter agreement in accordance with § 49-13-110(a) for a term of
193	193	no less than five (5) academic years, but no more than ten (10) academic years, as
194	194	determined by resolution of the commission.
195	195	SECTION 25. Tennessee Code Annotated, Section 49-13-121(i), is amended by adding
196	196	the language "and commission" after "department of education".
197	197	SECTION 26. Tennessee Code Annotated, Section 49-13-121(k), is amended by
198	198	deleting "department of education" and substituting instead "state board of education".
199	199	SECTION 27. Tennessee Code Annotated, Section 49-13-121, is amended by adding
200	200	the following as a new subsection:
201	201	( ) Notwithstanding subsection (g), the first sentence of § 49-13-110(b), and §
202	202	49-13-110(c), if the commission approves the renewal of a charter agreement in
203	203	accordance with § 49-1-614(k)(2)(B) or § 49-1-614(k)(4), then the public charter school
204	204	and the commission shall enter into a renewed charter agreement in accordance with §
205	205	49-13-110(a) for a term of no less than five (5) academic years, but no more than ten
206	206	(10) academic years, as determined by resolution of the commission.
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211	211	SECTION 28. Tennessee Code Annotated, Section 49-13-122(g), is amended by
212	212	adding the language "and commission" after "department of education".
213	213	SECTION 29. Tennessee Code Annotated, Section 49-13-128(f), is amended by
214	214	deleting the subsection and substituting instead:
215	215	(f) By December 1 of each year, each LEA that collects an annual authorizer fee
216	216	shall report the total amount of authorizer fees collected in the previous school year and
217	217	the authorizing obligations fulfilled using the fee to the state board of education. The
218	218	state board shall create a standard template for purposes of the report and shall post the
219	219	information received from each LEA on its website by December 11 of each year.
220	220	SECTION 30. Tennessee Code Annotated, Section 49-13-133(b), is amended by
221	221	deleting "department" and substituting instead "state board of education".
222	222	SECTION 31. Tennessee Code Annotated, Section 49-13-142, is amended by deleting
223	223	the section.
224	224	SECTION 32. Tennessee Code Annotated, Section 49-13-143(a), is amended by
225	225	deleting "department" wherever it appears and substituting instead "state board".
226	226	SECTION 33. Tennessee Code Annotated, Section 49-13-143(b), is amended by
227	227	deleting the second sentence of the subsection and substituting instead:
228	228	If an authorizer has not adopted a performance framework for all of the
229	229	authorizer's schools, then the authorizer must adopt the model performance
230	230	framework developed by the state board pursuant to subsection (a).
231	231	SECTION 34. Tennessee Code Annotated, Title 49, Chapter 13, is amended by adding
232	232	the following new section:
233	233	49-13-137. Replication application.
234	234	(a) A governing body that has at least one (1) public charter school authorized
235	235	by a local board of education or by the commission that has been in operation for at
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240	240	least one (1) full school year at the time the governing body submits its letter of intent
241	241	pursuant to § 49-13-107(a) may apply for replication in the LEA in which the governing
242	242	body is currently operating to the local board of education or directly to the commission.
243	243	The state board of education, in consultation with the commission, shall develop a
244	244	replication application form for purposes of this section.
245	245	(b) If the sponsor of the new public charter school by way of replication elects to
246	246	apply directly to the commission, then the application process must be conducted in
247	247	accordance with § 49-13-107 and with the following:
248	248	(1) The commission shall rule by resolution, at a regularly or specially
249	249	called meeting, to approve or deny a replication application no later than ninety
250	250	(90) days from the date on which the commission received the completed
251	251	application. If the commission fails to approve or deny a replication application
252	252	within ninety (90) days, then the application is deemed approved;
253	253	(2) If the commission denies a replication application, then the grounds
254	254	for denial must be stated in writing and must specify objective reasons for the
255	255	denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days to
256	256	submit an amended replication application to correct any deficiencies. Upon
257	257	receipt of the amended application, the commission has sixty (60) days to deny
258	258	or approve the amended application. If the commission fails to approve or deny
259	259	the amended application within sixty (60) days, then the amended application is
260	260	deemed approved;
261	261	(3) If the commission approves a replication application, then the
262	262	commission is the authorizer and LEA for that public charter school; and
263	263	(4) The commission's decision is final and not subject to appeal.
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268	268	(c) This section does not prohibit a governing body from applying for replication
269	269	to the local board of education through the application process in § 49-13-108(b).
270	270	SECTION 35. The headings in this act are for reference purposes only and do not
271	271	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
272	272	requested to include the headings in any compilation or publication containing this act.
273	273	SECTION 36. This act takes effect July 1, 2025, the public welfare requiring it.