Tenn. Code Ann. § 49-13-104 (2024)

As used in this chapter:

• (1) "Academic focus" means a distinctive, thematic program such as math, science, arts, general academics, or an instructional program such as Montessori or Paideia;

• (2) "Academic plan" means a platform that supports the academic focus of the charter school and will include instructional goals and methods for the school, which, at a minimum, shall include teaching and classroom instruction methods, materials and curriculum that will be used to provide students with knowledge, proficiency and skills needed to reach the goals of the school;

• (3) "At-risk student" means a student who, at the time of enrollment in an opportunity public charter school, is a member of a family with a household income that does not exceed four hundred percent (400%) of the federal poverty level, and meets at least one (1) of the following criteria:
  • (A) The student has dropped out of school without obtaining a high school diploma or a high school equivalency credential;
  • (B) The student has been adjudicated as a juvenile delinquent or is awaiting disposition of charges that may result in adjudication as a delinquent;
  • (C) The student has previously been detained or incarcerated in a juvenile detention center;
  • (D) The student has been retained at least twice in any of the grades kindergarten through eight (K-8), or the student is one (1) or more years behind in obtaining the credit required for promotion to the next grade level or to graduate from high school in four (4) years with the student's cohort;
  • (E) The student is chronically absent, as defined in Tennessee's Every Student Succeeds Act (ESSA) plan established pursuant to the Every Student Succeeds Act (20 U.S.C. § 6301 et seq.);
  • (F) The student is pregnant or a parent, as defined in § 49-1-903;
  • (G) The student has a documented substance abuse issue; or
  • (H) The student has experienced circumstances of abuse or neglect;

• (4) "Authorizer" means:
  • (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in § 49-1-614, that makes decisions regarding approval, renewal, and revocation of a public charter school application or agreement; and
  • (B) Includes the state board of education until 11:59 p.m. on June 30, 2021;

• (5) "Charter agreement" means a fixed-term renewable agreement between a public charter school and the authorizer that outlines the rights, responsibilities, and performance expectations of each party;

• (6) "Charter management organization" or "CMO" means a nonprofit entity that manages or operates two (2) or more public charter schools;

• (7) "Commission" means the Tennessee public charter school commission;

• (8) "Conversion public charter school" means a charter school established by the conversion of an existing non-charter public school into a charter school;

• (9) "Foreign" means a country or jurisdiction outside of any state or territory of the United States;

• (10) "Governing body" means the organized group of persons who will operate a public charter school or schools by deciding matters, including, but not limited to, budgeting, curriculum and other operating procedures for the public charter school and by overseeing management and administration of a public charter school;

• (11) "Licensed teacher" means a person over the age of eighteen (18) who meets the qualifications of chapter 5, part 1 of this title and holds a valid Tennessee educator license in compliance with the rules and regulations of the state board of education;

• (12) "Local education agency" or "LEA" has the same definition as used in § 49-3-104;

• (13) "Opportunity public charter school" means a public charter school serving any of the grades six through twelve (6-12) for which at least seventy-five percent (75%) of the students enrolled in the public charter school, at the time of enrollment, are at-risk students and that provides:
  • (A) Instruction to students in a traditional classroom setting; or
  • (B) A residential program for enrolled students and provides instruction to such students in a traditional classroom setting;

• (14) "Public charter school" means a public school in this state that is established and operating under the terms of a charter agreement and in accordance with this chapter;

• (15) "Sponsor" means a proposed governing body filing an application for the establishment of a public charter school, that:
  • (A) Is not a for-profit entity; nonpublic school as defined in § 49-6-3001; other private, religious, or church school; or postsecondary institution not regionally accredited; and
  • (B) Does not promote the agenda of any religious denomination or religiously affiliated entity;

• (16) "Underutilized property":
  • (A) Means a building or portion thereof, with or without improvements, which is not used or is used irregularly or intermittently, as defined by the state board of education, by an LEA for instructional or program purposes, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and
  • (B) Does not include real property on which a building or permanent structure has not been erected or vacant property; and

• (17) "Vacant property":
  • (A) Means a building, with or without improvements, which is closed or no longer used for direct academic instruction for students in pre-kindergarten through grade twelve (pre-K-12), or any combination thereof, including, but not limited to, spaces suitable for classroom use that are currently being used for storage of any kind; and
  • (B) Does not include real property on which a building or permanent structure has not been erected.

Amended by 2024 Tenn. Acts, ch. 1066,s 1, eff. 7/1/2024, app. to opportunity public charter schools applying to open in the 2026- 2027 school year or in a subsequent school year.

Amended by 2024 Tenn. Acts, ch. 923,s 1, eff. 7/1/2024.

Amended by 2022 Tenn. Acts, ch. 966, s 68, eff. 7/1/2023.

Amended by 2019 Tenn. Acts, ch. 219, Secs.s 1, s 2, s 3, s 4, s 5, s 6eff. 4/26/2019.

Amended by 2017 Tenn. Acts, ch. 307, s 3, eff. 7/1/2017.

Amended by 2017 Tenn. Acts, ch. 307, s 2, eff. 7/1/2017.

Amended by 2014 Tenn. Acts, ch. 850, s 1, eff. 4/30/2014.

Amended by 2013 Tenn. Acts, ch. 351, s 2, eff. 7/1/2013.

Amended by 2013 Tenn. Acts, ch. 326, s 5, eff. 7/1/2013.

Acts 2002, ch. 850, § 4; 2005, ch. 414, §1; 2008 , ch. 1101, § 1; 2009 , ch. 555, § 1; 2011 , ch. 465, § 1; 2011 , ch. 466, § 1; 2011 , ch. 507, § 1; 2012 , ch. 879, § 1; 2012 , ch. 1021, § 1.