(1) Charter
Amendments.
(a) An authorizer's approval of a
public charter school ("charter school") application shall be in the form of a
written charter agreement, signed by the sponsor and the authorizer, which
shall be binding upon the governing body of the charter school. The charter
agreement for a charter school shall be in writing and contain all material
components of the approved application. The governing body of the charter
school may petition the authorizer to amend the original charter
agreement.
(b) An amendment to the
original charter agreement shall be required for any material modification to
the provisions of a charter school's charter agreement.
(c) A material modification to a charter
agreement is defined as a substantive change to the terms of the charter
agreement regarding a charter school's governance, financial, operational, or
academic structure. Material modifications include, but are not limited to:
1. Change in governance structure (including,
but not limited to, a change in the nonprofit entity governing the school), or
addition of or changes to the charter management organization;
2. The addition or removal of a grade level
or levels;
3. Changes in student
enrollment which fall outside of the minimum or maximum enrollment thresholds
set forth in the charter school's charter agreement;
4. The addition or removal of a plan to
provide transportation to students attending the charter school;
5. Changes to the charter school's location,
if outside the geographic area set forth in the charter agreement;
6. Changes to the charter school's academic
focus or goals set forth in the charter agreement; and
7. Changes identified in the charter
agreement as material modifications or amendments.
(d) The governing body of the charter school
applying for a material modification to the charter agreement shall complete
and submit to its authorizer the amendment petition application (the "amendment
application") created and published by the Department of Education and approved
by the Commission.
(e) The
governing body of a charter school seeking to apply for a material modification
to the charter agreement shall file an amendment petition letter of intent with
the authorizer by one (1) of two (2) deadlines stated below:
1. Fall Deadline. The governing body of the
charter school may file an amendment petition letter of intent with the
authorizer by September 1 of the school year preceding the school year in which
the proposed amendment will take effect for any material modification outlined
in paragraph (c). If the due date falls on a Saturday, Sunday or state-observed
holiday, the letter of intent shall be due on the next business day.
2. Spring Deadline. The governing body of the
charter school may file an amendment petition letter of intent with the
authorizer by January 15 of the school year preceding the school year in which
the proposed amendment will take effect for any material modification outlined
in paragraph (c) except items contained in paragraphs (c)2. or (c)3. If the due
date falls on a Saturday, Sunday or state-observed holiday, the letter of
intent shall be due on the next business day.
(f) The governing body of a charter school
shall file an amendment application in accordance with the following deadlines:
1. Fall Deadline. The governing body of a
charter school that submits its letter of intent in accordance with paragraph
(e)1. shall file an amendment application with the authorizer by October 1. If
the due date falls on a Saturday, Sunday or state-observed holiday, the
amendment application shall be due on the next business day.
2. Spring Deadline. The governing body of a
charter school that submits its letter of intent in accordance with paragraph
(e)2. shall file an amendment application with the authorizer by February 14.
If the due date falls on a Saturday, Sunday or state-observed holiday, the
amendment application shall be due on the next business day.
(g) The authorizer shall review
and score all complete and timely amendment applications using a scoring rubric
created and published by the Department of Education and approved by the
Commission.
(h) The authorizer
shall rule by resolution, at a regular or special-called meeting, on the
approval or denial of an amendment application within sixty (60) calendar days
of the application due date. Amendment applications may be submitted prior to
the due date; however, all complete and timely amendment applications shall be
reviewed and acted upon within sixty (60) calendar days following the
applicable due date.
(i) Should the
authorizer fail to either approve or deny a complete and timely amendment
application within the sixty (60) calendar day time limit, the amendment
application shall be deemed approved.
(j) If an amendment application is deemed
approved, such amendment shall not alter the original term of the charter
agreement. The charter school shall still be required to submit a renewal
application pursuant to T.C.A. §
49-13-121
to continue to operate beyond the current charter term.
(k) If an amendment application is denied,
the grounds upon which the authorizer based the decision to deny must be stated
in writing, specifying the reasons for the denial, and shall be provided to the
governing body of the charter school within five (5) calendar days of the date
of the decision to deny.
(l) An
emergency amendment petition application ("emergency amendment application")
and rubric shall be created and published by the Department of Education and
approved by the Commission. For purposes of this section, emergency amendment
application shall apply to changes necessary to be reviewed outside of the
deadlines named in paragraphs (e)1. and (e)2.
(m) If the governing body of a charter school
determines that, due to unanticipated or extraordinary circumstances, good
cause exists for the emergency amendment application to be submitted, it shall
make a finding by resolution at a regular or special-called meeting of the
governing body. An emergency amendment application may be submitted to the
authorizer at any time.
1. In order for an
emergency amendment application to be complete, the governing body of the
charter school shall include with the emergency amendment application a written
explanation of the unanticipated or extraordinary circumstances giving rise to
the emergency amendment application.
2. The authorizer shall rule by resolution,
at a regular or special-called meeting, on the approval or denial of an
emergency amendment application within sixty (60) calendar days of the date the
completed emergency amendment application was submitted to the
authorizer.
3. Should the
authorizer fail to either approve or deny a complete emergency amendment
application within the sixty (60) calendar day time limit, the emergency
amendment application shall be deemed approved.
4. If an emergency amendment application is
denied, the grounds upon which the authorizer based the decision to deny must
be stated in writing, specifying the reasons for the denial, and shall be
provided to the governing body of the charter school within five (5) calendar
days of the date of the decision to deny.
(2) The governing body of a charter school
may appeal a decision by an authorizer other than the Commission to deny an
amendment or emergency amendment to the charter agreement to the Commission
within ten (10) calendar days of an authorizer's vote to deny the amendment
application, consistent with T.C.A. §
49-13-110(d).
The governing body of a charter school shall submit a notice of appeal by email
to the Commission. The notice of appeal must be received by the Commission no
later than 11:59 p.m. Central Time on the tenth (10th) calendar day after an
authorizer's vote to deny the amendment application or emergency amendment
petition. In order to be considered a complete appeal, the notice of appeal
shall contain the following information:
(a) A
copy of the original charter agreement that contains all material components of
the approved application, including any approved amendments to the original
application;
(b) A copy of the
amendment application or emergency amendment application submitted to the
authorizer;
(c) A summary of the
amendment application or emergency amendment application timeline including the
date the amendment application or emergency amendment application was
originally submitted to the authorizer and the date the amendment application
or emergency amendment application was denied by the authorizer;
(d) A copy of the letter informing the
governing body of the authorizer's reasons for denying the amendment
application or emergency amendment application; and
(e) A brief statement, no longer than three
(3) pages, including but not limited to, an explanation of why the authorizer's
denial of the charter school amendment application or emergency amendment
application was contrary to the best interests of the students, LEA, or
community.
(3)
Commission staff shall not accept an incomplete appeal or any additional
documentation from the governing body of the charter school beyond the contents
of the notice of appeal, unless requested specifically by the Commission
staff.
(4) Commission staff may
request additional documentation from the governing body, the authorizer, and
the Tennessee Department of Education.
(5) Within sixty (60) calendar days after
receipt of the notice of appeal and after reasonable public notice, the
Commission shall hold a public hearing. The public hearing shall be attended by
the Commission or its designated representative and provide an opportunity for
public comment. The public hearing may be virtual or in the school district in
which the charter school is operating, as determined by the Executive Director.
Details of the public hearing shall be posted on the Commission
website.
(6) Following the public
hearing, the review of the amendment application or emergency amendment
application and any additional information collected by the Commission, the
Executive Director of the Commission shall provide written findings and
recommendations to the Commission. The Commission shall consider the findings
and recommendations of the Executive Director when rendering a decision on the
appeal, but the Commission is not bound by the recommendation.
(7) Subsequently, but within the sixty (60)
calendar days after receipt of the notice of appeal, the Commission shall meet
to render a decision. If the Commission finds that the denial of the amendment
application or emergency amendment application is contrary to the best
interests of the students, LEA, or community, the Commission shall remand the
decision to the authorizer with written instructions for approval of the
amendment application or emergency amendment application. The Commission shall
not become the authorizer, and the charter school shall remain under the
supervision of the authorizer to whom the amendment application or emergency
amendment application was submitted. The decision of the Commission is final,
and no other appeals shall be made.
