Section 0520-14-02-.01 - CHARTER SCHOOL WAIVERS(1) Pursuant to T.C.A. § 49-13-111 a public charter school (including charter schools authorized by the Achievement School District) may apply to either the authorizer or to the Commissioner of Education for a waiver of any state board rule or statute that inhibits or hinders the charter school's ability to meets its goals or comply with its mission statement.(2) Waivers shall not be granted by the Commissioner or authorizer for requirements related to: (a) Federal and state civil rights;(b) Federal, state, and local health and safety;(c) Federal and state public records;(e) Possession of weapons on school grounds;(f) Background checks and fingerprinting of personnel;(g) Federal and state special education services;(j) Federal and state student assessment and accountability;(k) At least the same equivalent time of instruction as required in regular public schools; or(3) Waiver requests from the requirements in the charter school statute, T.C.A. Title 49, Chapter 13, or State Board of Education rules and regulations specific to charter schools shall not be considered.(4) Authorizers shall submit all locally approved waivers in accordance with procedures set by the Department of Education.(5) All waivers approved by the Commissioner or an authorizer shall be effective for the term of the charter agreement or for a length of time specified by the Commissioner or authorizer.Tenn. Comp. R. & Regs. 0520-14-02-.01
Original rule filed November 26, 2003; effective March 29, 2004. Amendments filed January 26, 2018; effective April 26, 2018. Amendments filed September 29, 2020; effective 12/28/2020.Authority: T.C.A. §§ 49-1-201(c)(20)(C), 49-13-105, 49-13-107, and 49-13-111.