Tennessee § 49-13-112 - Allocation of state and local funds.

§ 49-13-112. Allocation of state and local funds.

A local board of education shall allocate to the charter school an amount equal to the per student state and local funds received by the LEA and all appropriate allocations under federal law or regulation, including, but not limited to, Title I and ESEA funds. The allocation shall be made in accordance with the policies and procedures developed by the department of education. Each LEA shall include as part of its budget submitted pursuant to § 49-2-203, the per pupil amount of local money it will pass through to charter schools during the upcoming school year. Allocations to the charter schools during that year shall be based on the per pupil amount. The LEA shall distribute the portion of local funds it expects to receive in no fewer than nine (9) equal installments to the charter schools in the same manner as state funds are distributed pursuant to chapter 3 of this title. An LEA shall adjust payments to the charter schools, at a minimum, in October, February, and June, based on changes in revenue, student enrollment, or student services. All funds received by a charter school shall be spent according to the budget submitted or as otherwise revised by the public charter school governing body, subject to the requirements of state and federal law. The commission shall receive from the department or from the LEA in which the public charter school is located, as appropriate, an amount equal to the per pupil state and local funds received by the department or LEA for the students enrolled in a public charter school authorized by the commission. The commission shall receive, for the public charter schools the commission authorizes, all appropriate allocations of federal funds as received by other LEAs under federal law or regulation, including, but not limited to, Title I, IDEA, and ESEA funds. All funding allocations and disbursements must be made in accordance with procedures developed by the department. The state board of education shall promulgate rules and regulations that provide for the determination of the allocation of state and local funds as provided in subsection (a) and this subsection (c). Notwithstanding § 4-5-208, any rules promulgated under this subsection (c) may be promulgated as emergency rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. At a minimum, the rules must provide that: Allocations are based on one hundred percent (100%) of state and local funds received by the LEA, including current funds allocated for capital outlay purposes, excluding the proceeds of debt obligations and associated debt service; and With the exception of the annual authorizer fees provided under this chapter, a public charter school shall not be required to pay a fee or purchase any services from the authorizer. Public charter schools shall not be required to pay any fee as a condition for approval of a public charter school application by the authorizer or for recommendation for approval by authorizer staff or a committee established by the authorizer for the purposes of making recommendations for public charter school application decisions; A public charter school may choose to purchase services from an LEA, such as transportation or food services. In such event, the public charter school and the LEA shall execute a service contract, separate from the charter agreement, setting forth the mutual agreement of the parties concerning any service fees to be charged to the public charter school; A public charter school shall not pay any administrative fee to the authorizer for charter authorizing functions, except as provided through the annual authorizer fees mandated or permitted by this chapter; and If the charter agreement includes a provision whereby the authorizer will provide services for employee benefits or retirement, then the authorizer may withhold funds to cover the costs of the employee benefits or retirement services. If a services contract is executed with the authorizer, then the authorizer may withhold funds to cover the costs of the services. The department of education shall calculate and report the amount of state and local funding required under the BEP for capital outlay that each public charter school should receive in a fiscal year. The LEA shall include, in the per pupil funding amount required under subsection (a), all state and local funds generated under the BEP for capital outlay that are due to public charter schools operating in the LEA. Each authorizer is responsible for reporting and submitting funds to the appropriate retirement system, as required under § 8-35-242. A public charter school may also be funded by: Federal grants; Grants, gifts, devises or donations from any private sources; State funds appropriated for the support of the public charter school, if any; and Any other funds that may be received by the local school district. Receipt of any such funds shall be reported to the authorizer. Public charter schools, the local board of education and the state department of education are encouraged to apply for federal funds appropriated specifically for the support of public charter schools. Acts 2002, ch. 850, § 12; 2009, ch. 555, § 8; 2011, ch. 507, §§ 7, 8; 2012, ch. 1021, § 9; 2012, ch. 1097, § 8; 2013, ch. 326, §§ 4, 9; 2014, ch. 850, § 11; 2017, ch. 307, §§ 10-13; 2019, ch. 219, §§ 42-46. 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. 1097, § 9 provided that the act, which amended subsection (b), shall apply to sponsors submitted application after July 1, 2012. 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 subsection (b), 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. The Charter Schools Act does not impose financial burdens on local school districts in violation of Article II, Section 24 of the Tennessee Constitution. OAG 13-72, 2013 Tenn. AG LEXIS 73 (9/9/13).