§ 49-1-614 — Achievement school district

Tennessee § 49-1-614

• Jurisdiction: Tennessee
• Title: 49

Text

(a) The "achievement school district" or "ASD" is an organizational unit of the department of education, established and administered by the commissioner for the purpose of providing oversight for the operation of schools assigned to or authorized by the ASD. (b) The commissioner shall have the authority to directly operate or contract with one (1) or more individuals, governmental entities or nonprofit entities to manage the day-to-day operations of any or all schools placed in the ASD, including, but not limited to, providing direct services to students. (c) (1) The commissioner shall have the authority to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status pursuant to § 49-1-602 ; provided, however, that schools assigned to the ASD after June 1, 2017, shall be limited to priority schools. (2) Schools placed in the ASD after June 1, 2017, shall only serve grades that the school served at the time the commissioner assigned the school to the ASD. The governing body of a charter school may apply to the LEA to expand the grades the school serves under the provisions outlined in § 49-13-106 . (3) Prior to the assignment of a school to the ASD, the commissioner shall consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools. (4) Nothing shall prohibit the ASD from establishing an alternative school to serve students assigned to the ASD. (d) (1) The ASD may receive, control, and expend local and state funding for schools placed under its jurisdiction, and shall have the authority to seek, receive, expend, manage, and retain federal funding and grant funding and to otherwise seek, obtain, expend, manage, and retain funding with the same authority as an LEA. The ASD shall receive from the department or LEA, as appropriate, an amount of state and local funds in the manner prescribed in § 49-13-112 for all schools in the ASD, including those schools operated through charter agreements, contracts, and direct-run models. ASD schools shall also receive all appropriate allocations of federal funds as other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and other ESEA funds. All funding allocations and disbursements shall be in accordance with procedures developed by the department. (2) The ASD shall have the authority to receive donations of money, property or securities from any source for the benefit of the ASD and schools within the ASD. All such funds shall, in good faith, be disbursed in accordance with the conditions of the gifts. (3) To the extent that any state and local funds allocated to the ASD are not used to support a school or LEA in the ASD, they shall be allocated to a state reserve fund to be distributed to the appropriate LEA upon approval of the commissioner and upon the removal of the school from the ASD. (e) The ASD may require any LEA to provide school support or student support services for a school transferred from the LEA's jurisdiction including, but not limited to, student transportation, school food service, alternative schools or student assessment for special education eligibility that are compliant with all laws and regulations governing such services. In such cases, the ASD shall reimburse the actual cost to the LEA providing such services. (f) The ASD shall have the right to use any school building and all facilities and property otherwise part of the school and recognized as part of the facilities or assets of the school prior to its placement in the ASD and shall have access to such additional facilities as were typically available to the school, its students, faculty and staff prior to its placement in the ASD. Such use shall be unrestricted and free of charge, except that the ASD shall be responsible for and obligated to provide for routine maintenance and repair such that the facilities and property are maintained in as good order as when the right of use was acquired by the ASD. The ASD shall also be responsible for paying all utilities in use at ASD-utilized facilities. Extensive repairs to buildings or facilities considered capital expenses shall be the responsibility of the LEA and not the ASD. Any fixtures, improvements or tangible assets added to a school building or facility by the ASD shall remain at the school building or facility upon its return to the LEA. (g) (1) If it is determined that the ASD shall directly operate a school within the ASD, the employees hired to work in schools directly operated by the ASD may be deemed employees of the ASD and such employees shall be under the exclusive control of the ASD. The ASD shall develop written procedures, subject to the approval of the commissioner, for employment and management of personnel as well as the development of compensation and benefit plans. Within the limits of the budget, staffing needs of any school within the ASD shall be exclusively determined by the ASD with approval of the commissioner. (2) The ASD, or the entity under contract to operate schools within the ASD, shall have the authority to determine whether any teacher who was assigned to such school prior to the school's transfer into the ASD shall have the option of continuing to teach at that school as an employee of either the ASD or the operating entity. Any tenured teacher not given that option shall remain an employee of the LEA, subject to § 49-5-511 . The LEA, if it so chooses, may continue the employment of a nontenured teacher not given that option. Moreover, any teacher who accepts that option may, at the discretion of the LEA, return as an employee of the LEA, should the ASD or operating entity later determine not to continue to employ such teacher. (3) With the exception of the provisions protecting teachers' rights to accumulated sick leave, retirement benefits, pension and tenure status within an LEA, § 49-5-203 , and the [former] Education Professional Negotiations Act, compiled in chapter 5, part 6 of this title, prior to June 1, 2011, shall not apply to teachers who accept the option of continuing to teach at a school placed in the ASD. (h) Notwithstanding any law to the contrary, the ASD shall, at a minimum, have the same authority and autonomy afforded to LEAs under state law regarding the procurement of property, goods and services, including, but not limited to, personal, professional, consulting, and social services. The ASD shall develop written procedures for the procurement of all goods and services in compliance with the expenditure thresholds for competitive bidding outlined or permitted in § 49-2-203 . Such procedures shall be submitted to and approved by the commissioner. (i) Notwithstanding title 12, chapter 7, part 1, or any other law to the contrary, the ASD shall have the authority to authorize the preparation and use of publications and other media for the marketing and public education needs of the ASD in order to effectively carry out its mission. (j) The ASD or any entity the ASD contracts with to operate or manage schools that have been placed in the ASD may apply to the commissioner for a waiver of any state board rule that inhibits or hinders the ability of the school to increase student achievement. Notwithstanding this subsection (j), the commissioner shall not waive rules related to the following: (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. (k) (1) (A) A school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school pursuant to § 49-1-602 for two (2) consecutive cycles beginning with the 2017 priority school list; provided, however, that a school shall not remain in the ASD for more than a ten-year period. (B) Prior to a school exiting the ASD, the commissioner, in consultation with the LEA or the Tennessee public charter school commission, as appropriate, shall develop and approve a school transition plan for determining the school's exit from the ASD. The transition plan shall include a communication protocol for notifying the parents of students who currently attend ASD schools of the student's future school enrollment options. (C) Notwithstanding subdivision (k)(1)(A), if the LEA is identified as an LEA earning the lowest accountability determination pursuant to § 49-1-602(a) and the parents of at least sixty percent (60%) of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period. (2) Notwithstanding subdivision (k)(1) or any other provision to the contrary, the commissioner may determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD pursuant to § 49-13-106 , may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement. The commissioner's determination must be based on metrics, including, but not limited to, the ASD's school performance framework (SPF) and school accountability results publicly reported on the department's website annually and must specify whether: (A) The ASD-authorized charter school must apply to the LEA for authorization under § 49-13-107 before its initial ASD charter agreement expires; or (B) The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of that charter agreement. Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement. If a renewal is approved by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the LEA's school building for at least three (3) years, or to purchase the building from the LEA at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. For purposes of this subsection (k), "fair market value" or "fair market rental value" is determined by the LEA and the charter school operator each procuring a separate appraisal of the property. If the LEA and charter school operator do not mutually agree to use either of the two (2) appraisals, or an average of the two (2) appraisals, to establish fair market value or fair market rental value, then the LEA or charter school operator may request an additional appraisal conducted by a party agreed upon by the LEA's and the charter school operator's selected appraisers to determine the fair market value or fair market rental value, as applicable. The cost of the additional appraisal must be shared by the parties. (3) Except as provided in subdivisions (k)(2) and (k)(4), ASD-authorized charter schools must remain under the authority of the ASD for the duration of their initial ASD charter agreements. Upon expiration of an ASD charter agreement, the school must exit the ASD and the school building must be returned to the LEA. The governing body of the charter school may apply for a new charter agreement with the LEA according to § 49-13-107 . The LEA must approve or deny the charter application pursuant to § 49-13-108 . (4) After an ASD school improves student performance such that the school is no longer identified as a priority school for two (2) consecutive cycles as referenced in (k)(1), the commissioner, in consultation with the LEA, shall implement the transition plan developed and approved by the commissioner pursuant to subdivision (k)(1)(B). If, at any time, an ASD-authorized charter school meets the priority exit criteria set forth in the state's accountability model, then the school may apply to the LEA or the commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement. If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD, including, but not limited to, the rights and obligations provided in subsection (f) relating to the use of school buildings and facilities, for the duration of the new charter agreement, and the charter school has the right to continue to use the LEA's school building for the duration of the charter agreement. Upon expiration of the new charter agreement with the commission, the charter school may apply to the commission to renew its charter agreement. If the charter agreement is renewed by the commission, then the LEA shall grant the charter school operator the option to enter into a lease agreement at or below fair market rental value to occupy the building for at least three (3) years, or to purchase the building at or below fair market value, less the value of capital repairs or improvements made to the school building by the charter school operator. After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building at or below fair market value, less the value of all rental payments made to the LEA during the term of the lease. (5) Notwithstanding subdivision (k)(2)(B), an ASD-authorized charter school shall not apply directly to the commission for approval of a charter agreement prior to the 2022-2023 school year. (6) Notwithstanding subdivisions (k)(1)-(4) or any other provision to the contrary, the commissioner may remove any school from the jurisdiction of the ASD at any time. (l) Any individuals, governmental entities or nonprofit entities contracting with the commissioner to operate any school under this section shall provide timely information to the LEA and director of schools regarding the operation of such schools, including, but not limited to, matters relating to employment of personnel at the school as provided for in this section. The LEA may continue to support the educational improvement of the school under the direction and guidance of the commissioner and in accordance with any contracts entered into in accordance with this section. In addition, any individuals, governmental entities or nonprofit entities contracting with the commissioner may voluntarily work with the LEA in providing to the schools professional development or technical assistance, instructional and administrative support and facilitating any other support that may be beneficial to academic progress of the school. (m) Any contracts to operate schools that have been placed in the ASD shall require expenditure reports for funds received and expended pursuant to such contracts. Such reports shall be provided to the department of education and comptroller of the treasury for review. (n) The department of education shall establish within the school system with the most schools operated by the ASD a four-year pilot program of assessment of kindergarten students. The pilot program shall begin with the 2012-2013 school year. Students entering kindergarten in such system in schools operated by the ASD shall be assessed by an appropriate standardized test or tests. The test shall measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any. (o) The ASD shall adopt an appropriate dress code for its professional employees.

Legislative History

Amended by 2022 Tenn. Acts, ch. 966, s 36, eff. 7/1/2023. Amended by 2022 Tenn. Acts, ch. 966, s 35, eff. 7/1/2023. Amended by 2021 Tenn. Acts, ch. 490, Secs.s 1, s 2, s 3, s 4 eff. 5/24/2021. Amended by 2020 Tenn. Acts, ch. 777, s 1, eff. 7/15/2020. Amended by 2017 Tenn. Acts, ch. 177, Secs.s 8, s 9 eff. 4/24/2017. Amended by 2013 Tenn. Acts, ch. 263, s 1, eff. 7/1/2013. Acts 2010 (1st Ex. Sess.), ch. 2, § 9; 2011 , ch. 378, § 8; 2012 , ch. 901, § 1; 2012 , ch. 962, § 6; 2012, ch. 1094, § 1.