Section 1185-01-01-.03 - CHARTER SCHOOL REVOCATION APPEALS(1) Pursuant to T.C.A. § 49-13-122(g), the governing body of a public charter school may appeal a decision by the local board of education to revoke the charter agreement to the Commission no later than ten (10) calendar days after the date of the local board of education's decision to revoke, except that a revocation based on violations in T.C.A. § 49-13-122(a) are not appealable. The governing body of the 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 Standard Time on the tenth (10th) day after the local board of education's decision. In order to be considered a complete appeal, this notice of appeal shall contain the following information:(a) A copy of the statement issued by the local board of education stating its reasons for revocation as required by T.C.A. § 49-13-122(d); and(b) Brief statement, no longer than three (3) pages, including but not limited to an explanation for why the local board of education's decision to revoke the charter agreement was contrary to T.C.A. § 49-13-122.(2) Commission staff shall not accept an incomplete appeal or any additional documentation from the charter school governing body beyond the contents of the notice of appeal unless requested by the Commission staff. If the governing body indicates in the notice of appeal that one (1) of the requirements listed in subparagraphs (a)-(b) above cannot be submitted, the governing body shall include an explanation in the notice of appeal. Commission staff may conditionally accept the appeal and collect additional information to determine whether the appeal may be accepted despite the governing body's inability to submit one (1) of the requirements listed in subparagraphs (a)-(b) above.(3) The Commission staff may request additional documentation from the charter school governing body, the local board of education, and the Tennessee Department of Education. In such case, each is requested to comply with the document request within five (5) calendar days of the request or as soon as possible thereafter, but in no event more than ten (10) calendar days after the request.(4) The Commission shall conduct a de novo on the record review of the local board of education's revocation decision.(5) Within sixty (60) calendar days after receipt of the notice of appeal and after reasonable public notice, the Commission shall hold an open meeting, attended by the Commission or its designated representative, the governing board of the charter school, and the local board of education or the local board of education's designated representative in the LEA in which the charter school has been operating.(6) Subsequently, but within sixty (60) calendar days after receipt of the notice of appeal, the Commission shall meet to render a decision and shall forward its findings to the local board of education.(a) A representative of the governing board and local school board may speak at the board meeting where the Commission will consider the findings and recommendations of the Executive Director. Alternatively, a representative of the governing board and local school board may submit a written comment to be read into the record by a member of the Commission staff during the meeting where the Commission will consider the findings and recommendations of the Executive Director. Written comments shall not be more than one (1) page typed in length and shall be received by the Executive Director at least forty-eight (48) hours prior to the scheduled board meeting. The Commission shall accept only one (1) written comment from each party.(b) If the Commission finds that the local board of education's decision was contrary to T.C.A. § 49-13-122 and overturns the local board of education's decision to revoke the charter agreement, the Commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The decision of the Commission is final and not subject to appeal.Tenn. Comp. R. & Regs. 1185-01-01-.03
Original rules filed October 29, 2020; effective 1/27/2021.Authority: T.C.A. §§ 49-13-105 and 49-13-122.