Tennessee § 49-13-104 - Chapter definitions.

§ 49-13-104. Chapter definitions.

As used in this chapter: “Academic focus” means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia; “Academic plan” means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school; “Authorizer” means: A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614, that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and Includes the state board of education until 11:59 p.m. on June 30, 2021; “Charter agreement” means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party; “Charter management organization” or “CMO” means a nonprofit entity that manages or operates two (2) or more public charter schools; “Commission” means the Tennessee public charter school commission; “Conversion public charter school” means a charter school established by the conversion of an existing non-charter public school into a charter school; “Foreign” means a country or jurisdiction outside of any state or territory of the United States; “Governing body” means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school; “Licensed teacher” means a person over the age of eighteen (18) who meets the qualifications of chapter 5, part 1 of this title and holds a valid Tennessee educator license in compliance with the rules and regulations of the state board of education; “Local education agency” or “LEA” has the same definition as used in § 49-3-302; “Public charter school” means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter; “Sponsor” means a proposed governing body filing an application for the establishment of a public charter school, that: Is not a for-profit entity; nonpublic school as defined in § 49-6-3001; other private, religious, or church school; or postsecondary institution not regionally accredited; and Does not promote the agenda of any religious denomination or religiously affiliated entity; and “Underutilized or vacant property” means an entire property or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently by the LEA for instructional or program purposes. “Underutilized or vacant property” does not include real property on which no building or permanent structure has been erected. Acts 2002, ch. 850, § 4; 2005, ch. 414, § 1; 2008, ch. 1101, § 1; 2009, ch. 555, § 1; 2011, ch. 465, § 1; 2011, ch. 466, § 1; 2011, ch. 507, § 1; 2012, ch. 879, § 1; 2012, ch. 1021, § 1; 2013, ch. 326, §§ 5, 7; 2013, ch. 351, §§ 2, 4; 2014, ch. 850, § 1; 2017, ch. 307, §§ 2, 3; 2019, ch. 219, §§ 1-6. Compiler's Notes. Acts 2009, ch. 555, § 17 provided that any costs associated with the implementation of the act shall be paid from existing funds. Acts 2012, ch. 879, § 6 provided that, if a court finds a violation of Title VI of the Civil Rights Act of 1964, codified in 42 U.S.C. § 2000 d, has occurred under the operation of the act and the court’s decision has become final, the charter school that is a party to the lawsuit shall notify the commissioner of education of the court’s ruling, who shall report the same to the speaker of the senate and speaker of the house of representatives. The commissioner shall also notify all charter schools operating in this state of the court’s decision. For the Preamble to the act concerning enrollment and completion of rigorous coursework such as advanced placement courses, please refer to Acts 2013, ch. 351. Acts 2013, ch. 351, §§ 2 and 4 purported to amend this section, effective July 1, 2013, by adding the definition of “charter management organization” and amending the definition of “governing body”. Acts 2013, ch. 326, §§ 5 and 7 amended this section, effective July 1, 2013, by adding the definition of “charter management organization” and amending the definition of “governing body”. The provisions of the definitions as added and amended by ch. 351 were the same as the provisions as added and amended by ch. 326; therefore, ch. 351 was not given effect. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 850 took effect on April 29, 2014. Acts 2014, ch. 850, § 16 provided that the state board of education is authorized to promulgate rules and regulations to effectuate the purposes of the act. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2014, ch. 850, § 17 provided that the act, which amended the definition of “chartering authority”, shall apply to appeals from the denial of applications filed by sponsors for charter schools proposing to open in the 2015-2016 school year and school years thereafter. Acts 2017, ch. 307, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee High-Quality Charter Schools Act.” Attorney General Opinions. Although a “church” is not specifically excluded from being a “sponsor,” it would nonetheless be difficult for a church to be eligible as a sponsor of a public, nonsectarian, nonreligious charter school, OAG 03-046, 2003 Tenn. AG LEXIS 50 (4/16/03). The local education agency is the “chartering authority” and it is this agency that normally would be responsible for the administration of state tests, OAG 03-083, 2003 Tenn. AG LEXIS 101 (7/02/03). Execution of charter school agreements. OAG 10-45, 2010 Tenn. AG LEXIS 45 (4/9/10). Constitutionality of Acts 2012, ch. 1065 regarding LEAs as sponsors of charter schools. OAG 12-68, 2012 Tenn. AG LEXIS 68 (7/6/12). Acts 2012, ch. 879 is constitutionally suspect. OAG 12-94, 2012 Tenn. AG LEXIS 99 (10/8/12).