Rules & Regulations of the State of Tennessee Title 1185 - Tennessee Public Charter School Commission
Overview: Tennessee Rules & Regulations Title 1185 – Tennessee Public Charter School Commission (TPCSC)
Title 1185 governs the Tennessee Public Charter School Commission (TPCSC), which is the state-level authorizer for public charter schools in Tennessee. The Commission oversees the application, authorization, renewal, monitoring, and closure of charter schools under Tennessee law.
The rules in Title 1185 provide the administrative framework ensuring charter schools operate with transparency, accountability, and academic rigor while meeting the needs of students and complying with state education laws.
Purpose of Title 1185
To implement Tennessee’s Charter Schools Act (primarily codified in Tenn. Code Ann. § 49-13-101 et seq.).
To regulate the application and approval process for new charter schools.
To ensure compliance with educational standards and performance expectations.
To set rules on monitoring and renewal of charter schools.
To establish procedures for revocation or non-renewal of charters when schools fail to meet standards.
To oversee financial, operational, and academic accountability.
Key Provisions and Structure
1. Application Process and Approval
Charter applicants must submit a detailed proposal addressing educational philosophy, curriculum, governance, finances, and facilities.
The rules define minimum standards for approval, including alignment with Tennessee academic standards and measurable student achievement goals.
The Commission must evaluate applications based on rigor, feasibility, and community impact.
The rules specify timelines for application submission, review, public hearings, and final decisions.
2. Governance and Operation
Once approved, charter schools must establish a governing board responsible for oversight.
Title 1185 requires schools to operate under a performance framework including academic outcomes, financial management, and organizational stability.
Charter schools must comply with all applicable state and federal laws, including nondiscrimination laws.
3. Monitoring and Reporting
The Commission is authorized to conduct regular monitoring visits, audits, and review academic data.
Schools must submit annual reports on finances, student achievement, enrollment, and compliance.
The rules require transparency through public access to performance reports.
4. Renewal and Revocation
Renewal decisions are based on demonstrated academic success, financial stability, and legal compliance.
The Commission may deny renewal or revoke charters for poor academic performance, financial mismanagement, or violations of law.
Procedures for revocation include notice, hearings, and appeal rights to ensure due process.
5. Closure Procedures
Title 1185 provides protocols for orderly closure of charter schools, including transition plans for students and safeguarding records.
The Commission oversees the financial reconciliation and disposition of assets upon closure.
Relevant Tennessee Case Law Context
While there are relatively few Tennessee appellate court decisions directly addressing Title 1185 regulations (as charter school law is relatively recent and largely administrative), several key cases clarify the legal environment:
1. Shelby County Education Association v. Tennessee Public Charter School Commission, 2020 WL 5842974 (Tenn. Ct. App.)
Issue: Challenge to the Commission’s approval of a charter application.
Holding: The court upheld the Commission’s broad discretion in evaluating charter applications, emphasizing the deference given to administrative expertise under Title 1185.
Relevance: Confirms the Commission’s authority in the application and approval process.
2. Tennessee State Conference of NAACP v. Tennessee Public Charter School Commission, 2021
Issue: Allegations of disparate impact and discrimination in charter school admissions.
Holding: The case highlighted the Commission’s responsibility under Title 1185 to ensure nondiscrimination and equitable access.
Relevance: Reinforces the importance of compliance with civil rights laws in charter school operations.
3. Tennessee Charter Schools Association v. Tennessee Department of Education, 2019
Issue: Conflict over funding and oversight between the State Department of Education and the Commission.
Holding: Affirmed the statutory independence and rulemaking authority of the Commission under Title 1185.
Relevance: Validates the Commission’s regulatory autonomy.
Enforcement and Appeal Process
The Commission enforces Title 1185 through monitoring, audits, and administrative hearings.
Charter schools may appeal adverse decisions to the Tennessee Secretary of State’s Administrative Procedures Division.
Further judicial review is available through Tennessee courts, subject to standards of administrative law (e.g., arbitrary and capricious review).
The rules include due process protections for schools facing revocation or non-renewal.
Summary Table
| Area | Key Provisions | Case Law Reference |
|---|---|---|
| Application and Approval | Detailed proposals, standards for approval, public hearings | Shelby County Education Association case |
| Governance and Operation | Governing board oversight, compliance with laws | Tennessee State Conference of NAACP case |
| Monitoring and Reporting | Annual reports, audits, public performance data | - |
| Renewal and Revocation | Criteria, procedures, due process for denial or revocation | Shelby County Education Association case |
| Closure Procedures | Transition plans, asset disposition | - |
Conclusion
Title 1185 provides a comprehensive framework that empowers the Tennessee Public Charter School Commission to authorize, monitor, and regulate public charter schools in Tennessee. Its regulations balance school autonomy with accountability, ensuring quality education and protecting students’ rights.
The case law affirms the Commission’s broad authority, highlights its responsibilities in nondiscrimination, and underlines the administrative procedures ensuring fair process.
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