Policy 1026

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1026

Charter Schools

The Shelby County Schools Board of Education adopts this policy in accordance with the Tennessee Public Charter Act of 2002 (Charter Schools Act) (Public Chapter 850), Tennessee Code Annotated §49-13-106 to §49-13-128, and the State Board of Education Rules 0520-4-1-.01. As the Chartering Authority for the Shelby County Schools District, the Shelby County Schools Board of Education “approves, renews, or decides not to revoke a public charter agreement.” The Public Charter Schools Act of 2002 (Tennessee Code Annotated - Chapter 13) requires approved Charter Schools to enter a binding, written agreement with the “chartering authority” or Shelby County Schools. Approved public charter schools in the Shelby County Schools District shall be accountable to the Shelby County Schools Board of Education for ensuring compliance with the charter agreement and the requirements.

(T.C.A. §49-13-110 – §49-13-127)

Applications

Applications will be accepted from September 1 until October 1 of the year preceding the year in which the proposed public charter school plans to begin operation. The application must comply with all of the requirements in Tennessee Code Annotated - Title 13 (T.C.A.§49-13-107).

“Public charter schools shall be a part of public education. Neither the Shelby County Schools Board of Education nor the Commissioner of Education can waive regulatory or statutory requirements related to:

Federal and state civil rights;
Federal, state, and local health and safety;
Federal and state public records;
Immunizations;
Possession of weapons on school grounds;
Background checks and fingerprinting;
Federal and state special education services;
Student due process;
Parental rights;
Federal and state student assessment and accountability;
Open meetings;
Required equivalent time of instruction.

No charter agreement shall be granted for a private, parochial, cyber-based, or home-based school to charter. Sponsors of public charter schools cannot be "a for-profit entity, a private school, a religious or church school, or promote the agenda of any religiously affiliated entity." (T.C.A. §49-13-104)

Applications must follow procedures outlined in the Shelby County Schools application process and the Charter School Procedure Manual.

Charter applications must include a “payment bond” at the amount representing a three percent (3%) budget payment ability or ninety (90) days operation expenses or cash bond whichever is greatest. This percentage reflects a minimal percentage of financial cash flow needed. A higher percentage is recommended.

Administrative Review of Public Charter Applications

The Superintendent shall appoint a Public Charter Schools Team for assisting in reviewing and providing technical assistance to public charter schools. The Public Charter Schools Team shall consist of individuals from the following departments: Finance, Operations, Human Resources, Research, Evaluation and Assessment, Curriculum and Instruction, and Communications.

The Team shall:

Review and rate charter school applications using state criteria.
Provide technical assistance to newly created public charter schools.
Review the applications of all approved public charter schools.
Recommend policy or administrative changes to the Superintendent.
Have an annual meeting with potential sponsors to review the application process.

2.	The Superintendent shall appoint an Applications Subcommittee from the Public Charter Team to read and rate each application. The Subcommittee shall have the authority to seek assistance from all appropriate Shelby County Schools personnel when reviewing the applications, including individuals who are not members of the Public Charter Schools Team.
3.	The Applications Subcommittee shall present a written recommendation to accept or reject a public charter application to the Public Charter Schools District Review Team. The Public Charter Schools District Review Team shall be composed of the members of the Executive Leadership Team. The Executive Leadership Team shall make final recommendations to the Superintendent to accept or reject applications. The Executive Leadership Team can request the presence of a public charter school sponsor if clarification is needed before rendering a decision on an application.
4.	The Superintendent shall make written recommendations to the Shelby County Schools Board of Education to accept, conditionally accept or reject a public charter school application.

Board Review of Public Charter School Applications
The Shelby County Schools Board of Education must approve or reject an application within sixty (60) days of receipt of the completed application (does not apply to conversion charter schools). The Superintendent shall recommend acceptance, conditional acceptance or rejection of an application. The Superintendent shall make recommendations to the Board of Education as soon as practical, but no later than forty-five (45) days after receipt of a completed application.

If the Shelby County Schools Board of Education denies an application to establish a charter school, the sponsor may appeal within ten (10) days of the final decision to deny to the state board of education. The state board of education shall conduct a public meeting, within sixty (60) days after receipt of the notice of appeal or the making of a motion to review after reasonable public notice, the board or designated representative will attend the public meeting. If the state board finds that the local board’s decision was contrary to the best interests of the students, school district, or community, the state shall remand such decision to the local board with written instructions for approval of the charter. The decision of the state board shall be final. (T.C.A. §49-13-108)

Charter Agreement - Compliance
Charter Agreements are written and binding and shall be accountable to the charter authority for compliance with the agreement and the requirements all requirements in Chapter 13 of the Tennessee Code Annotated. The school shall operate as a public, nonsectarian, non-religious public school, with control of instruction vested in the governing body of the school under the general supervision of Shelby County Schools. Public charters shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination based on disability, race, creed, color, national origin, religion, ancestry, or need for special education. Charters shall comply with applicable safety and heath standards and regulations and laws of the United States of America and the state of Tennessee. (T.C.A. §49-13-111)

Adopted: 09/21/06
Revised: 09/28/06