Schools, Charter - As enacted, requires LEAs to establish a transparent and uniform method of calculating all terms and costs related to any lease, lease-purchase agreement, or other contract or agreement executed between the LEA and a charter school for the use of the LEA's educational facilities; establishes certain requirements regarding underutilized and vacant property; specifies uses of capital outlay funds by charter schools. - Amends TCA Title 49, Chapter 13.
Companion bill has been assigned Public Chapter Number 465 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB1709Date
    Comp. became Pub. Ch. 46506/15/2011
    Am. withdrawn.(Amendment 2 - SA0302)05/21/2011
    Am. withdrawn.(Amendment 1 - SA0301)05/21/2011
    Comp. HB Subst (sends SB to dead bill file)05/21/2011
    Placed on Senate Regular Calendar cal. for 5/21/201105/20/2011
    S. Reset on cal. for 5/21/201105/20/2011
    Placed on Senate Regular Calendar 3 cal. for 5/20/201105/20/2011
    Placed on Senate Regular Calendar cal. for 5/20/201105/18/2011
    Re-ref. to S. Cal. Comm. 04/28/2011
    Sponsor(s) Added.04/28/2011
    Placed on Senate Regular Calendar cal. for 4/28/201104/26/2011
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 6, Nays 3 PNV 004/20/2011
    Placed on S. Ed. Comm. cal. for 4/20/201104/13/2011
    Action Def. in S. Ed. Comm. to 4/20/201104/13/2011
    Placed on S. Ed. Comm. cal. for 4/13/201104/07/2011
    P2C, ref. to S. Ed. Comm.02/24/2011
    Intro., P1C.02/23/2011
    Filed for intro.02/17/2011
    Actions For HB1980Date
    Pub. Ch. 465 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 25, Nays 405/21/2011
    S. Subst. HB for comp. SB.05/21/2011
    Rcvd. from H., P1C.05/19/2011
    Engrossed; ready for transmission to Sen.05/18/2011
    Passed H., as am., Ayes 87, Nays 10, PNV 1 05/18/2011
    Sponsor(s) Added.05/18/2011
    Am. withdrawn.(Amendment 2 - HA0506)05/18/2011
    H. adopted am.(Amendment 1 of 0 - HA0398)05/18/2011
    H. Placed on Regular Calendar for 5/18/201105/12/2011
    Reset on Reg cal. for 5/18/1105/12/2011
    H. Placed on Regular Calendar for 5/12/201105/05/2011
    Placed on cal. Calendar & Rules Committee for 5/5/201105/04/2011
    Rec. for Pass. if Am. ref. to: Calendar & Rules Committee05/03/2011
    Placed on cal. Education Committee for 5/3/201104/27/2011
    Rec. for pass. if am. by s/c ref. to Education Committee04/27/2011
    Placed on s/c cal Education Subcommittee for 4/27/201104/20/2011
    Action Def. in s/c Education Subcommittee to 4/27/201104/20/2011
    Placed on s/c cal Education Subcommittee for 4/20/201104/13/2011
    Action Def. in s/c Education Subcommittee to 4/20/201104/06/2011
    Placed on s/c cal Education Subcommittee for 4/6/201103/30/2011
    Action def. in s/c Education Subcommittee to 4/6/1103/30/2011
    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
    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
    SA0301Amendment 1-1 to SB1709Fiscal Memo for SA0301 (5740)  
    SA0302Amendment 2-2 to SB1709 
    AmendmentsFiscal Memos
    HA0398Amendment 1-1 to HB1980 
    HA0506Amendment 2- to HB1980 

    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: SB1709

  • Fiscal Summary

    Not Available


    Bill Summary

    ON MAY 18, 2011, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1980, AS AMENDED.

    AMENDMENT #1 rewrites this bill and requires the following:

    (1) An LEA must establish a transparent and uniform method of calculating all terms and costs related to any lease, lease-purchase agreement, or other contract or agreement executed between the LEA and a charter school for the use of the LEA's educational facilities. The LEA must retain and make available for audit, by the department of education, all records and any supporting documentation related to the execution of such a lease or agreement;
    (2) No later than October 1, in any LEA in which one or more charter schools operates, the LEA must catalog each year all underutilized and vacant properties owned or operated by the LEA and all underutilized and vacant properties within any educational facility owned or operated by the LEA. The LEA must submit a comprehensive listing of all such properties to the department of education and the comptroller. The department must make an LEA's list available to any charter school operating in the LEA or to any sponsor seeking to establish a public charter school in the LEA; and
    (3) An LEA having underutilized and vacant properties must make the underutilized and vacant properties available for use by charter schools operating in the LEA. A charter school may not be required to pay a base rent for the use of any underutilized and vacant property owned or operated by the LEA and may only be required to remit payment for the maintenance and operational costs associated with the occupancy the property or space.

    This amendment specifies that charter schools may use capital outlay funds for the following purposes:

    (1) Purchase, lease-purchase, or lease of real property;
    (2) Purchase, lease-purchase, or lease of school facilities;
    (3) Construction or renovation of school facilities, including renovation, rehabilitation, or alteration of existing facilities to comply with applicable codes and health and safety standards necessary to use the property or facility, or to make the property or facility useful;
    (4) Purchase, lease-purchase, or lease of any tangible or intangible property, including furniture, computers for a computer lab, science lab equipment, or other equipment if such purchase is necessary to use the property or facility, or to make the property or facility useful; and
    (5) Pay debt service on any transaction authorized under this amendment.

    A public charter school may contract with the LEA or any third party for the provision of goods and services necessary to use the property or facility or to make the property or facility useful.

    This bill defines "underutilized or vacant property" as an entire property or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently by the LEA for instructional or program purposes.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB1980 by Montgomery - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 5/18/2011
    Passed
              Ayes...............................................87
              Noes...............................................10

              Representatives voting aye were: Alexander, Armstrong, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gilmore, Gotto, Halford, Hall, Hardaway, Harmon, Harrison, Harwell, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Kernell, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McManus, Miller D, Miller L, Montgomery, Moore, Naifeh, Niceley, Odom, Parkinson, Pitts, Pody, Powers, Pruitt, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sontany, Sparks, Swann, Tidwell, Tindell, Todd, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 87.
              Representatives voting no were: Brown, Camper, Cooper, Jones S, McDonald, Richardson, Stewart, Towns, Turner J, Turner M -- 10.

              HB1980 by Montgomery - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 5/5/2011
              Voice Vote - Ayes Prevail

              HB1980 by Montgomery - HOUSE EDUCATION ADMINISTRATION & PLANNING COMMITTEE:
    Recommended for passage w/amendments- refer to: Calendar & Rules Committee 5/3/2011
              Voice Vote - Ayes Prevail

              HB1980 by Montgomery - HOUSE EDUCATION ADMINISTRATION & PLANNING SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 4/27/2011
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB1980

    HB1980 by Montgomery - FLOOR VOTE: THIRD CONSIDERATION 5/21/2011
    Passed
              Ayes...............................................25
              Noes................................................4

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Campfield, Crowe, Faulk, Gresham, Henry, Herron, Johnson, Kelsey, Ketron, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Summerville, Tate, Tracy, Watson, Woodson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 25.
              Senators voting no were: Burks, Finney L, Kyle, Marrero -- 4.

    SB1709 by Woodson - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/20/2011
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Crowe, Gresham, Kelsey, Summerville, Tracy, Woodson -- 6.
              Senators voting no were: Berke, Burks, Tate -- 3.