§ 49-13-122 — Revocation of charter

Tennessee § 49-13-122

• Jurisdiction: Tennessee
• Title: 49

Text

(a) (1) An authorizer, excluding the achievement school district, and the authorizer of an opportunity public charter school, may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state's accountability system pursuant to § 49-1-602 ; provided, however, that an authorizer shall not revoke a public charter school agreement based on the public charter school being identified as a priority school on the priority school list issued in 2022 or 2023. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school. (2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6) . (3) An authorizer, excluding the achievement school district and the authorizer of an opportunity public charter school, shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle. The priority school lists issued in 2022 and 2023 shall not be considered a priority school cycle for purposes of this subdivision (a)(3) and shall not subject a public charter school to automatic revocation of its charter agreement. (4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school. (5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement. (b) A public charter school agreement may be revoked by the authorizer if the authorizer determines that the school: (1) Committed a material violation of the conditions, standards, or procedures set forth in the charter agreement; (2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or (3) Failed to meet generally accepted standards of fiscal management. (c) (1) Each authorizer shall, by August 1, 2023, adopt a progressive intervention policy that outlines the process for charter school intervention if the authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or if the authorizer determines that a public charter school is not complying with this chapter or with the charter agreement. (2) If an authorizer determines that a public charter school meets the criteria for revocation under subsection (b), or that a public charter school is not complying with this chapter or with the charter agreement, then the authorizer shall promptly notify the public charter school and provide the public charter school the opportunity to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy. (3) If the public charter school fails to remedy the issue within the timeframe established by the authorizer according to the authorizer's progressive intervention policy, then the authorizer may issue corrective actions short of revocation; provided, that a corrective action shall not include a financial sanction. Corrective actions short of revocation that may be issued by the authorizer must be outlined in the authorizer's progressive intervention policy. (4) If the corrective actions fail to remedy the issue, then the authorizer may seek revocation of the charter agreement pursuant to this section. (5) Each progressive intervention policy must align with the state board of education's quality public charter school authorizing standards adopted pursuant to § 49-13-108(f) , and must be reviewed by the state board of education as part of the authorizer quality evaluation required under § 49-13-145 . (d) A charter agreement may be revoked at any time by the authorizer in an emergency situation without the authorizer first having to implement the progressive intervention policy. An emergency situation includes, but is not limited to, instances of fraud; misappropriation of funds; flagrant violation of health and safety laws, rules, and regulations; flagrant disregard of the charter agreement; or similar misconduct. (e) Thirty (30) days prior to a decision by an authorizer to revoke a charter agreement, the authorizer shall notify the public charter school in writing of the possibility of revocation and the reasons for the possible revocation. (f) If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation. (g) No later than ten (10) days after an authorizer adopts a resolution to revoke a charter agreement, the authorizer shall report the authorizer's decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer's decision and the reasons for the decision. (h) (1) A decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education's decision. In order to overturn a local board of education's decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education's decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission's decision is final and is not subject to appeal. (2) This subsection (h) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer. (i) Except in an emergency situation, as described in subsection (d), a decision to revoke a charter agreement becomes effective at the close of the school year.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1066,s 11, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2024 Tenn. Acts, ch. 1066,s 10, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year. Amended by 2023 Tenn. Acts, ch. 290, s 2, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 290, s 1, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 206, s 6, eff. 4/24/2023. Amended by 2019 Tenn. Acts, ch. 219, Secs.s 72, s 73, s 74, s 75eff. 4/26/2019. Amended by 2019 Tenn. Acts, ch. 205, s 1, eff. 4/25/2019. Amended by 2017 Tenn. Acts, ch. 307, s 18, eff. 7/1/2017. Amended by 2015 Tenn. Acts, ch. 171, s 1, eff. 4/17/2015. Amended by 2014 Tenn. Acts, ch. 850, s 15, eff. 4/30/2014. Amended by 2014 Tenn. Acts, ch. 721, s 1, eff. 7/1/2014. Acts 2002, ch. 850, §23; 2011 , ch. 466, §§ 14, 15; 2012 , ch. 879, § 4; 2012 , ch. 962, §§ 4, 5.