Tennessee Code Title 49. Education § 49-13-137

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) A governing body that has at least one (1) public charter school authorized by a local board of education or by the commission that has been in operation for at least one (1) full school year at the time the governing body submits its letter of intent pursuant to § 49-13-107(a) may apply for replication in the LEA in which the governing body is currently operating to the local board of education or directly to the commission. The state board of education, in consultation with the commission, shall develop a replication application form for purposes of this section.

(b) If the sponsor of the new public charter school by way of replication elects to apply directly to the commission, then the application process must be conducted in accordance with § 49-13-107 and with the following:

(1) The commission shall rule by resolution, at a regularly or specially called meeting, to approve or deny a replication application no later than ninety (90) days from the date on which the commission received the completed application. If the commission fails to approve or deny a replication application within ninety (90) days, then the application is deemed approved;

(2) If the commission denies a replication application, then the grounds for denial must be stated in writing and must specify objective reasons for the denial. Upon receipt of the grounds for denial, the sponsor has thirty (30) days to submit an amended replication application to correct any deficiencies. Upon receipt of the amended application, the commission has sixty (60) days to deny or approve the amended application. If the commission fails to approve or deny the amended application within sixty (60) days, then the amended application is deemed approved;

(3) If the commission approves a replication application, then the commission is the authorizer and LEA for that public charter school; and

(4) The commission's decision is final and not subject to appeal.

(c) This section does not prohibit a governing body from applying for replication to the local board of education through the application process in § 49-13-108(b).

(d) Notwithstanding this chapter to the contrary, the commission may promulgate rules for the authorization of replication applications submitted to the commission pursuant to this section. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

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Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-13-137 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-13-137/

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