Section 0520-14-01-.01 - APPROVAL OF A CHARTER SCHOOL(1) Charter school application requirements applicable to all authorizers as defined by T.C.A. § 49-13-104(3):(a) The Commissioner of Education shall provide an application for charter school sponsors to use in applying for a public charter school and shall provide scoring criteria addressing the elements of the charter school application.(b) All prospective charter school sponsors who intend to submit an initial charter application for consideration, including a charter school replication application, shall submit a letter of intent to both the Department of Education (Department) and to the appropriate authorizer at least sixty (60) calendar days prior to the date on which the initial charter application is due. The letter of intent shall be completed on the form provided by the Department, and the sponsor shall indicate on the letter of intent the application category selected by the sponsor. The authorizer shall check for completion and determine whether the sponsor has selected the correct application category within ten (10) business days of receiving the letter of intent and notify the sponsor and the Department within five (5) business days of a determination that the incorrect application category has been selected. The sponsor shall correct and resubmit the letter of intent to the authorizer within five (5) business days of receipt of a notice from the authorizer that the wrong application category was selected.(c) The Department shall aid a sponsor who has been notified that the incorrect application category has been selected to ensure the letter of intent is completed correctly, including ensuring the correct application category is selected.(d) Failure to submit a letter of intent to both the Department and to the appropriate authorizer shall exclude a charter school sponsor from submitting an application for that application cycle.(e) On or before 11:59 p.m. Central Time on February 1 of the year preceding the year in which the proposed public charter school plans to begin operation, the charter school sponsor seeking to establish a public charter school shall prepare and file an electronic copy of the initial state charter school application with the authorizer and the Department. If the February 1 due date for initial charter applications falls on a Saturday, Sunday, or state observed holiday, the application materials shall be due on the next business day.(f) Authorizers may charge an application fee of up to $2,500 for each initial application the charter school sponsor files.(g) An initial application shall be considered complete if:1. The application is submitted on the Department's state charter application form for that application cycle;2. The sponsor has completed all required sections of the application aligned to the category indicated by the sponsor in its letter of intent and the application contains all required attachments and signatures;3. The application is submitted to the authorizer by the deadline specified in paragraph (e); and4. The application fee, if required by the authorizer, is submitted with the application.(h) Authorizers shall not be required to review and formally act upon an initial application if the charter school sponsor did not submit the letter of intent by the required due date as required by paragraph (1)(b) and/or (1)(d).(i) The authorizer shall determine whether the initial application is complete within ten (10) business days of receiving the application, and shall notify the sponsor within five (5) business days of the determination if the application is determined to be incomplete. 1. If the initial charter application is determined to be incomplete due to the sponsor not meeting the requirements of subparagraphs (g)1. or (g)3. of this rule, the application is not required to be reviewed and any required application fee shall be refunded to the charter school sponsor by the authorizer.2. If the initial charter application is determined to be incomplete due to the sponsor not meeting the requirements of subparagraphs (g)2. or (g)4. of this rule, the sponsor shall be provided the opportunity to address any deficiencies and re-submit the application within five (5) business days after the notification from the authorizer that the application is incomplete. If the sponsor does not correct the deficiencies to meet the requirements of subparagraphs (g)2. or (g)4. of this rule by the deadline, the authorizer is not required to review the application and any required application fee shall be refunded to the charter school sponsor by the authorizer.(j) Authorizers shall review all complete and timely applications in accordance with T.C.A. § 49-13-108 and quality charter authorizing standards approved by the State Board.(k) No later than ten (10) calendar days after approval or denial of the initial charter application or amended charter application, the authorizer shall report to the Department whether the authorizer has approved or denied the application and the reasons for denial, if applicable.(2) Charter school application requirements only applicable to local boards of education. (a) In addition to the state charter school application, each local board of education may ask charter school sponsors to address additional priorities. Charter school sponsors may choose not to address any of those priorities. Local boards of education cannot deny or refuse to review an application for failing to address additional priorities. Local boards of education shall submit to the Department by November 1 of each year all local application priorities.(b) All local policies regarding the submission of charter school applications shall be consistent with state law, policies, rules, and regulations.(c) The local board of education shall rule by resolution, at a regular or specially called meeting, on the approval or denial of a complete and timely initial charter application, no later than ninety (90) calendar days after the local board of education's receipt of the completed initial application. If denied, the local board of education shall specify objective reasons for denial.(d) Should the local board of education fail to either approve or deny a complete and timely initial charter application within the ninety (90) calendar daytime limit, the application shall be deemed approved.(e) If the initial charter school application is denied, the grounds upon which the local board of education based the decision to deny the initial application shall be stated in writing and provided to the charter school sponsor within ten (10) calendar days of the date of the decision to deny, specifying objective reasons for the denial and the deadline by which the charter school sponsor may submit an amended application.(f) If the initial charter school application is denied, the charter school sponsor shall have thirty (30) calendar days from receipt of the grounds for denial to submit an amended application to correct the deficiencies identified by the local board of education. 1. The amended application shall be submitted by the sponsor using the same application form as the initial application. The authorizer shall evaluate the amended application using the same scoring criteria as the initial application review.(g) The local board of education shall have sixty (60) calendar days from receipt of the amended application to either deny or approve the amended application.(h) Should the local board of education fail to either approve or deny the amended application within sixty (60) calendar days, the amended application shall be deemed approved.(i) If the local board of education denies the amended application, it shall provide to the charter school sponsor the grounds upon which the local board of education based the decision to deny in writing within five (5) calendar days of the date of the decision to deny, specifying objective reasons for the denial and the sponsor's right to an appeal.(j) A denial by the local board of education of an amended application to establish a public charter school may be appealed by the charter school sponsor, no later than ten (10) calendar days after the date of the final decision to deny, to the Tennessee Public Charter School Commission.Tenn. Comp. R. & Regs. 0520-14-01-.01
Original rules filed March 31, 2003; effective July 29, 2003. Amendments filed January 11, 2019; effective April 11, 2019. Amendments filed September 29, 2020; effective December 28, 2020. Amendments filed November 30, 2020; effective February 28, 2021. Amendments filed August 19, 2022; effective November 17, 2022. Amendments filed March 12, 2024; effective 6/10/2024.Authority: T.C.A. §§ 49-1-302, 49-13-106, 49-13-107, 49-13-108, and 49-13-126.