Schools, Charter - As enacted, revises various provisions regarding charter schools, including provisions governing students eligible to attend; removes caps on number of public charter schools. - Amends TCA Title 49, Chapter 13.
Companion bill has been assigned Public Chapter Number 466 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1523Date
    Comp. became Pub. Ch. 46606/15/2011
    Am. withdrawn.(Amendment 2 - SA0606)05/20/2011
    Am. withdrawn.(Amendment 1 - SA0171)05/20/2011
    Comp. HB Subst (sends SB to dead bill file)05/20/2011
    Placed on Senate Regular Calendar 3 cal. for 5/20/201105/20/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 2 PNV 005/18/2011
    Placed on S. FW&M Comm.2 cal. for 5/18/201105/18/2011
    Action Def. in S. FW&M Comm. to 5/18/201105/17/2011
    Placed on S. FW&M Comm. cal. for 5/17/201105/11/2011
    Sponsor(s) Added.03/31/2011
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 7, Nays 2 PNV 003/30/2011
    Placed on S. Ed. Comm. cal. for 3/30/201103/23/2011
    Sponsor(s) Added.03/17/2011
    Sponsor(s) Added.03/07/2011
    P2C, ref. to S. Ed. Comm.02/24/2011
    Intro., P1C.02/23/2011
    Filed for intro.02/17/2011
    Actions For HB1989Date
    Pub. Ch. 466 06/15/2011
    Effective date(s) 06/10/1106/15/2011
    Signed by Governor.06/10/2011
    Transmitted to Governor for his action.05/31/2011
    Signed by S. Speaker05/25/2011
    Signed by H. Speaker05/24/2011
    Enrolled; ready for sig. of H. Speaker.05/24/2011
    Passed S., Ayes 22, Nays 905/20/2011
    Rcvd. from H., P1C.05/20/2011
    Engrossed; ready for transmission to Sen.05/20/2011
    Passed H., as am., Ayes 72, Nays 18, PNV 3 05/20/2011
    Sponsor(s) Added.05/20/2011
    H. adopted am.(Amendment 3 of 0 - HA0532)05/20/2011
    H. adopted am.(Amendment 2 of 0 - HA0531)05/20/2011
    Am. withdrawn.(Amendment 1 - HA0185)05/20/2011
    H. Placed on Regular Calendar #2 for 5/19/201105/18/2011
    Placed on cal. Calendar & Rules Committee for 5/18/201105/18/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee05/18/2011
    Placed on cal. Finance, Ways & Means Committee for 5/18/201105/18/2011
    Rec. for pass. if am. by s/c ref. to Finance, Ways & Means Committee05/18/2011
    Placed on s/c cal Finance Subcommittee for 5/18/201105/17/2011
    Action Def. in s/c Finance Subcommittee to 5/18/201105/17/2011
    Placed on s/c cal Finance Subcommittee for 5/18/201105/11/2011
    Assigned to s/c Finance Subcommittee05/11/2011
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee04/12/2011
    Placed on cal. Education Committee for 4/12/201104/06/2011
    Rec. for pass. if am. by s/c ref. to Education Committee04/06/2011
    Placed on s/c cal Education Subcommittee for 4/6/201103/30/2011
    Action Def. in s/c Education Subcommittee to 4/6/201103/30/2011
    Placed on s/c cal Education Subcommittee for 3/30/201103/23/2011
    Action Def. in s/c Education Subcommittee to 3/30/201103/23/2011
    Placed on s/c cal Education Subcommittee for 3/23/201103/16/2011
    Action Def. in s/c Education Subcommittee to 3/23/201103/09/2011
    Placed on s/c cal Education Subcommittee for 3/9/201103/02/2011
    Assigned to s/c General Sub of Education03/01/2011
    P2C, ref. to Education Committee02/24/2011
    P1C.02/23/2011
    Intro.02/17/2011
    Filed for intro.02/17/2011
  • AmendmentsFiscal Memos
    SA0171Amendment 1-1 to SB1523Fiscal Memo for SA0171 (5564)  
    SA0606Amendment 2-1 to SB1523Fiscal Memo for SA0606 (8343)  Fiscal Memo for SA0606 (8343)  
    AmendmentsFiscal Memos
    HA0185Amendment 1-1 to HB1989Fiscal Memo for HA0185 (5564)  
    HA0531Amendment 2-1 to HB1989Fiscal Memo for HA0531 (8343)  Fiscal Memo for HA0531 (8343)  
    HA0532Amendment 3-2 to HB1989Fiscal Memo for HA0532 (8407)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB1523

  • Fiscal Summary

    (CORRECTED) Increase State Expenditures - Not Significant Increase Local Expenditures* - $4,366,100/FY13-14 $8,295,600/FY14-15 $11,788,400/FY15-16 $14,844,700/FY16-17 $17,464,300/FY17-18 $19,647,400/FY18-19 $21,393,800/FY19-20 $22,703,600/FY20-21 $23,576,800/FY21-22 $24,013,400/FY22-23 and Subsequent Years


    Bill Summary

    This bill allows any student in a charter school's jurisdiction to attend the school; authorizes the achievement school district to approve applications to create charter schools; removes the cap on the number of charter schools in the state; and makes other revisions to present law regarding public charter schools.

    STUDENTS ELIGIBLE TO ATTEND CHARTER SCHOOLS

    Under present law, the prospective student population of a charter school includes:
    (1) Students who were previously enrolled in a charter school;
    (2) Students who are assigned to, or were previously enrolled in, a school failing to make adequate yearly progress;
    (3) Students who failed to test proficient in language arts and reading or mathematics in grades three through eight on the Tennessee comprehensive assessment program (TCAP) examinations;
    (4) Students who failed to test proficient on the gateway examinations in language arts and reading or mathematics;
    (5) Students who are eligible for free or reduced-price lunch and who are enrolled in LEAs that have an average daily membership (ADM) of at least 14,000 students and three or more schools that have missed the same benchmark for adequate yearly progress for two or more consecutive years. However, any LEA operating in this state may choose by a 2/3 majority vote of the local board of education to allow students eligible for free or reduced-price lunch to be eligible to attend charter schools; and
    (6) Students who are under the jurisdiction of a juvenile court and who, in the court's judgment, would benefit from a work experience and career exploration program.

    This bill removes these limitations on who may attend a charter school and instead allows any student in the charter school's jurisdiction to attend the school.

    ACHIEVEMENT SCHOOL DISTRICTS

    Present law designates the local board of education as the "chartering authority" and, as such, authorizes the local board of education to approve, renew or decide not to revoke a public charter school application or agreement. This bill additionally designates the achievement school district as a chartering authority and, as such, authorizes the achievement school district to approve, renew or decide not to revoke a public charter school application or agreement. Under present law, the "achievement school district" is an organizational unit of the department of education, established by the commissioner of education, for the purpose of providing oversight for the operation of the total program for individual schools or LEAs that are placed in restructuring status for failing to meet certain performance standards.

    Under this bill, the present law process for local boards of education to take action on charter school applications would not apply to applications filed with the achievement school district.

    Under present law, the sponsor of a new public charter school must file a public charter school application with the local board of education on or before October 1 of the year preceding the year in which the proposed public charter school plans to begin operation. This bill adds that the application may instead be filed with the achievement school district pursuant to the timeline and procedures developed by the department of education.

    REMOVES CAPS

    Under present law, prior to July 1, 2015, newly created charter schools may not exceed, statewide, 90 in number, 35 of which must be located within Memphis, four of which must be located within Shelby County, and 20 of which must be located in Davidson County. Up to three charter schools may be formed that are devoted exclusively to the re-enrollment of high school students who have dropped out of school.

    This bill removes the above caps on the number of charter schools that may be created in this state.

    REVISES OTHER PROVISIONS

    Under present law, a decision not to renew or to revoke a charter agreement may be appealed to the state board of education within 10 days of the decision, except for revocations or failures to renew based on fraud, misappropriation of funds, flagrant disregard of the charter agreement or of present law regarding charter schools or similar misconduct, or failure to make adequate yearly progress for two consecutive years. This bill revises this provision to instead specify that a decision not to renew or to revoke a charter agreement may be appealed to the state board of education within 10 days of the decision, except for revocations or failures to renew based on a failure to meet or make adequate yearly progress toward achievement of the state's accountability system.

    Under present law, the provisions of the Tennessee Public Charter Schools Act related to the creation of new public charter schools are re-enacted and extended until July 1, 2015, at which time the provisions are repealed. This bill removes the repeal provision.

    ON MAY 20, 2011, THE HOUSE ADOPTED AMENDMENTS #2 AND #3 AND PASSED HOUSE BILL 1989, AS AMENDED.

    AMENDMENT #2 makes the following changes to the bill and to present law regarding public charter schools:
    (1) This amendment allows an LEA to authorize charter schools to enroll students residing outside the LEA in which the public charter school is located pursuant to the LEA out-of-district enrollment policy and in compliance with present law regarding tuition. Additionally, this amendment specifies that the achievement school may authorize charter schools within the jurisdiction of the LEA for the purpose of providing opportunities for students within the LEA who are zoned to attend or enrolled in a school that is eligible to be placed in the achievement school district; provided, however that students will not be considered "zoned" for a school that is open to all students within the LEA unless they are assigned to the school based on the LEA's geographic zoning policies;
    (2) This amendment requires the sponsor of a public charter school to file a public charter school application with the Achievement School District "on or before October 1 of the year preceding the year in which the proposed public charter school plans to begin operation" instead of "pursuant to the timeline and procedures developed by the department of education";
    (3) This amendment specifies that in reviewing applications for newly created charter schools, the chartering authority, if an LEA, must give preference to, and, if the achievement school district, must exclusively accept, applications that demonstrate the capability to meet the needs of the following groups of students:
    (A) Students who are assigned to, or were previously enrolled in, a school failing to make adequate yearly progress, as defined by the state's accountability system;
    (B) Students who, in the previous school year, failed to test proficient in the subjects of reading/language arts or mathematics in grades three through eight on the Tennessee comprehensive assessment program (TCAP) examinations;
    (C) Students who, in the previous school year, failed to test proficient in the subjects of reading/language arts or mathematics on the end of course assessments in grades nine through 12; or
    (D) Students who are eligible for free or reduced price lunch;
    (4) Under present law, a public school in restructuring status 2, at the option of the commissioner of education, may be converted to a public charter school. This amendment removes this authorization and the present law provisions regarding such conversion;
    (5) Under present law, a denial by the local board of education of an application to establish a public charter school may be appealed by the sponsor, within 10 days of the final decision to deny, to the state board of education. If the state board finds that the local board's decision was contrary to the best interests of the pupils, school district or community, the state board must remand the decision to the local board of education with written instructions for approval of the charter. This amendment specifies that the grounds upon which the state board of education based a decision to remand the application must be stated in writing, specifying objective reasons for the decision;
    (6) Under this amendment, if an LEA denies an application for a new charter school based upon a determination that the charter school will have a substantial negative impact on the LEA, the LEA will be required to provide specific supporting documentation, which is described in the full text of the amendment, to the sponsor of the application. This amendment also requires that, if an LEA denies an amended application for a new charter school based upon a determination that the charter school will have a substantial negative impact on the LEA, the LEA will be required to provide supporting documentation to the state treasurer, who will be required to review the evidence and make a determination as to the reasonableness of the LEA's decision. If the state treasurer determines that the LEA's decision is reasonable, the sponsor of the application will not be permitted to appeal the denial to the state board of education. If the state treasurer determines that the LEA's decision is unreasonable, the sponsor of the application will be permitted to appeal the denial to the state board of education;
    (7) (A) Under present law, a public charter school agreement may be revoked or denied renewal by the final chartering authority if the chartering authority determines that the school did any of the following:
    (i) Committed a material violation of any of the conditions, standards or procedures set forth in present law regarding public charter schools;
    (ii) Failed to meet or make adequate yearly progress toward achievement of the state's accountability system; or
    (iii) Failed to meet generally accepted standards of fiscal management.
    (B) This amendment revises (7)(A)(ii) to instead authorize the revocation or denial to renew of the public charter school agreement if the school failed to meet or make adequate yearly progress toward achievement of the state's accountability system "for two consecutive years"; and
    (8) This amendment specifies that present law regarding the revocation or renewal of a charter, as revised by the bill, would apply only to decisions not to renew or to revoke a charter agreement where the LEA is the chartering authority.

    AMENDMENT #3 requires that, if an application for a charter school with a focus of serving students from a group or groups set forth in subsection (3) of the summary for House Amendment #2 is approved, then the school must give preference in enrollment to students from such group or groups. This amendment requires that the charter school must include the number of students from such group or groups who are attending the charter school in its annual progress report to the sponsor of the school, the chartering authority and the commissioner of education.

  • FiscalNote for SB1523/HB1989 filed under SB1523
  • House Floor and Committee Votes

    HB1989 by McCormick - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/20/2011
    Passed
              Ayes...............................................72
              Noes...............................................18

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Dean, DeBerry J, DeBerry L, Dennis, Elam, Eldridge, Evans, Faison, Favors, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harrison, Harwell, Hawk, Hawk, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Montgomery, Moore, Naifeh, Niceley, Odom, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shipley, Sparks, Swann, Tidwell, Todd, Turner J, Watson, Weaver, White, Williams R, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh -- 72.
              Representatives voting no were: Brown, Cooper, Curtiss, Gilmore, Hardaway, Harmon, Jones S, Kernell, Miller L, Parkinson, Pitts, Richardson, Shepard, Sontany, Stewart, Turner M, Williams K, Windle, Mr. Speaker Williams K -- 18.

              HB1989 by McCormick - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 2 5/18/2011
              Voice Vote - Ayes Prevail Rep.(s) Naifeh requested to be recorded as voting No

              HB1989 by McCormick - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 5/18/2011
              Voice Vote - Ayes Prevail Rep.(s) Brown, Naifeh requested to be recorded as voting No

    HB1989 by McCormick - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 4/12/2011
    Passed
              Ayes...............................................12
              Noes................................................5

              Representatives voting aye were: Brooks H, Brooks K, Carr, DeBerry J, Dunn, Forgety, Hensley, Maggart, Montgomery, Powers, Ragan, Williams R -- 12.
              Representatives voting no were: Fitzhugh, Fitzhugh, Lollar, Naifeh, Pitts, Windle, Mr. Speaker Naifeh -- 5.

    HB1989 by McCormick - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Subcommittee 4/6/2011
    Passed
              Ayes................................................7
              Noes................................................4

              Representatives voting aye were: Brooks H, Carr, DeBerry J, Dunn, Hensley, Maggart, Montgomery -- 7.
              Representatives voting no were: Fitzhugh, Fitzhugh, Lollar, Naifeh, Pitts, Mr. Speaker Naifeh -- 4.

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1989

    HB1989 by McCormick - FLOOR VOTE: THIRD CONSIDERATION 5/20/2011
    Passed
              Ayes...............................................22
              Noes................................................9

              Senators voting aye were: Beavers, Bell, Campfield, Crowe, Faulk, Gresham, Henry, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 22.
              Senators voting no were: Barnes, Berke, Burks, Finney L, Harper, Herron, Kyle, Marrero, Stewart -- 9.

    SB1523 by Norris - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 5/18/2011
    Passed
              Ayes................................................8
              Noes................................................2

              Senators voting aye were: Henry, Kelsey, Ketron, McNally, Norris, Overbey, Watson, Woodson, Mr. Speaker McNally -- 8.
              Senators voting no were: Finney L, Haynes -- 2.

    SB1523 by Norris - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 3/30/2011
    Passed
              Ayes................................................7
              Noes................................................2

              Senators voting aye were: Crowe, Gresham, Kelsey, Summerville, Tate, Tracy, Woodson -- 7.
              Senators voting no were: Berke, Burks -- 2.