Tenn. Comp. R. & Regs. 1185 — Tennessee Public Charter School Commission

Chapter 1185-01-01 Charter School Appeals

Tenn. Comp. R. & Regs. 1185-01-01-.01 NEW START CHARTER SCHOOL APPEALS

(1) Pursuant to T.C.A. § 49-13-108(b)(5), the charter school sponsor may appeal a decision by the local board of education to deny an amended application for a newly created public school to the Tennessee Public Charter School Commission (“Commission”) no later than ten (10) calendar days after the date of local board of education’s decision. The charter school sponsor shall submit a notice of appeal by email to the Commission. The notice of appeal must be received by the Commission no later than 11:59 p.m. Central Standard Time on the tenth (10th) day after the local board of education’s decision. In order to be considered a complete appeal, this notice of appeal shall contain the following information:

(a) Copies of the initial and amended applications submitted to the local board of education;

(b) A summary of the application timeline including the dates that the initial and amended applications were originally submitted to the local board of education, the date of the public hearing, the date of the capacity/applicant interview (if applicable), and the dates the initial and amended applications were denied by the local board of education;

(c) Copies of the letters informing the charter school sponsor of the local board of education’s reasons for denying the initial and amended applications;

(d) A clean version of the amended application without any tracked changes that includes all changes made upon resubmission to the local board of education; and (e) A brief statement, no longer than three (3) pages, including, but not limited to, an explanation of why the local board of education’s denial of the charter school application was contrary to the best interests of the students, local education agency (“LEA”), or community.

(2) Commission staff shall not accept an incomplete appeal or any additional documentation from the charter school sponsor beyond the contents of the notice of appeal unless requested by the Commission staff. If the sponsor indicates in the notice of appeal that one (1) of the requirements listed in subparagraphs (a)–(e) above cannot be submitted, the sponsor shall include an explanation in the notice of appeal. Commission staff may conditionally accept the appeal and collect additional information to determine whether the appeal may be accepted despite the sponsor’s inability to submit one (1) of the requirements listed in subparagraphs (a)–(e) above.

(a) Additionally, the Commission staff may request additional documentation from the charter school sponsor, the local board of education, and the Tennessee Department of Education. In such case, each is requested to comply with the document request within five (5) calendar days of the request or as soon as possible thereafter, but in no event more than seven (7) calendar days after the request.

(3) The Commission shall conduct a de novo on the record review of the proposed charter school’s amended application.

(4) The Commission shall conduct a separate analysis for each application that was denied based upon substantial negative fiscal impact. If the local board of education’s denial is based on substantial negative fiscal impact, the local board shall submit documentation explaining the fiscal impact of the charter school as requested by the Commission staff. The local board of education is requested to provide this documentation within five (5) calendar days of receiving notification from the Commission that a sponsor is appealing the local board of education’s denial of a charter application or as soon as possible thereafter, but in no event more than seven (7) calendar days. The burden will be on the local board of education to prove that substantial negative fiscal impact does exist. The Commission may also obtain information independently from the information provided by the local board of education.

(5) The Commission staff shall assemble a charter application review committee comprised of teams of internal and external evaluators with relevant and diverse educational, organizational, financial, and legal expertise, as well as an understanding of the essential principles of public charter school autonomy and accountability.

(a) In reviewing the amended application, the application review committee shall:

1. Use the sample scoring criteria provided by the Commissioner of Education and available on the Tennessee Department of Education’s website to evaluate the charter application; and 2. Review applications on appeal in accordance with the State Board of Education’s quality public charter school authorizing standards.

(6) The Commission staff shall interview the governing board of each sponsor that has filed an appeal. The focus of the interview will be assessing the governing board and school leadership’s capacity to operate a high-quality charter school that is consistent with the charter application and in a fiscally responsible manner that advances the mission of the charter school. The Commission staff shall assemble an interview panel that may include Commission staff, a Commission member, review committee members, and any other internal or external individuals whose knowledge and expertise would assist the Commission in its decision.

(a) The officers of the governing board and the school leader (if named) shall attend the interview, and the total participants from the sponsor shall be limited to eight (8). The interviews will not be open to the public.

(b) All interview attendees (both on behalf of the charter school and Commission) shall attend the interview in person. However, Commission staff may allow certain attendees to participate remotely in extraordinary circumstances.

(7) Within seventy-five (75) calendar days after receipt of the notice of appeal, the Commission, or the Commission’s designee, shall hold a public hearing. The public hearing shall be attended by the Commission or its designated representative and shall occur in the LEA in which the proposed charter school submitted the charter school application. The hearing must be open to representatives from the local board of education and the sponsor. Notice of the hearing must be provided to the local board of education, the sponsor, and the general public. At least one (1) week before the hearing, notice of the hearing must be:

(a) Published in a newspaper of general circulation in the county where the LEA is located; and (b) Posted on the Commission’s website.

(8) Following the public hearing, the interview, and the de novo review of the record including the amended application, the Executive Director of the Commission shall provide written findings and recommendations to the Commission. The Commission shall consider the findings and recommendations of the Executive Director when rendering a decision on the appeal, but the Commission is not bound by the recommendation.

(9) Subsequently, but within seventy-five (75) calendar days after the Commission received the notice of appeal, the Commission shall meet to render a decision and shall forward its findings to the local board of education.

(a) A representative of the sponsor and local school board may speak at the meeting where the Commission will consider the findings and recommendations of the Executive Director. Alternatively, a representative of the sponsor and local school board may submit a written comment to be read into the record by a member of the Commission staff during the meeting where the Commission will consider the findings and recommendations of the Executive Director. Written comments shall not be more than one (1) page typed in length and shall be received by the Executive Director at least forty-eight (48) hours prior to the scheduled board meeting. The Commission shall accept only one (1) written comment from each party.

(b) If the Commission finds that the application meets or exceeds the metrics outlined in the Department of Education’s application-scoring rubric and that approval of the application is in the best interests of the students, LEA, or community, then the Commission may approve the public charter school’s application and become the charter school’s authorizer and LEA.

(c) If a local board of education’s decision to deny a public charter school application is based on substantial negative fiscal impact, the Commission shall not approve for operation any public charter school that the Commission determines will have a substantial negative fiscal impact on an LEA, such that authorization of the public charter school would be contrary to the best interests of the students, LEA, or community. The Commission’s decision is final and not subject to appeal.

(d) If the Commission becomes the chartering authority pursuant to T.C.A. § 49-13- 108(b)(5)(D), the LEA and the charter school may submit a charter agreement signed by the LEA and the charter school to the Commission stating that the charter school shall be overseen and monitored by the LEA. In such case, if the charter agreement is received by the Commission within thirty (30) calendar days after the Commission becomes the charter authorizer, then the authorization of the charter school shall be officially transferred to the LEA.

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-108.
• Administrative History: Original rules filed October 29, 2020; effective January 27, 2021.

Tenn. Comp. R. & Regs. 1185-01-01-.02 CHARTER SCHOOL RENEWAL APPLICATION APPEALS

(1) Pursuant to T.C.A. § 49-13-121(f), the governing body of a public charter school may appeal a decision by the local board of education to deny a renewal application to the Commission no later than ten (10) calendar days after the date of the local board of education’s decision to deny the renewal application. The governing body of the charter school shall submit a notice of appeal by email to the Commission. The notice of appeal must be received by the Commission no later than 11:59 p.m. Central Standard Time on the tenth (10th) day after the local board of education’s decision. In order to be considered a complete appeal, this notice of appeal shall contain the following information:

(a) Copies of the renewal application, which shall include, but not be limited to, the information set forth in T.C.A. § 49-13-121. Corrections to the renewal application shall not be accepted;

(b) Summary of the renewal application timeline including the date that the renewal application was originally submitted to the local board of education, the date the renewal application was denied by the local board of education, and any other dates relevant to the local board of education’s consideration of the renewal application; and (c) Brief statement, no longer than three (3) pages, including but not limited to an explanation for why the local board of education’s denial of the charter school renewal application was contrary to the best interests of the students, LEA, or community.

(2) Commission staff shall not accept an incomplete appeal or any additional documentation from the charter school governing body beyond the contents of the notice of appeal unless requested by the Commission staff. If the governing body indicates in the notice of appeal that one (1) of the requirements listed in subparagraphs (a)–(c) above cannot be submitted, the governing body shall include an explanation in the notice of appeal. Commission staff may conditionally accept the appeal and collect additional information to determine whether the appeal may be accepted despite the governing body’s inability to submit one (1) of the requirements listed in subparagraphs (a)–(c) above.

(a) Additionally, the Commission staff may request additional documentation from the charter school governing body, the local board of education, and the Tennessee Department of Education. In such case, each is requested to comply with the document request within five (5) calendar days of the request or as soon as possible thereafter, but in no event more than seven (7) calendar days after the request.

(3) The Commission shall conduct a de novo on the record review of the local board of education’s renewal decision.

(4) The Commission staff shall assemble a renewal review committee comprised of teams of internal and external evaluators with relevant and diverse educational, organizational, financial, and legal expertise, as well as an understanding of the essential principles of public charter school autonomy and accountability.

(a) In reviewing the renewal application and renewal record, the renewal review committee shall use a scoring rubric to evaluate the charter school’s renewal application and renewal record.

(5) The Commission staff shall interview the governing board of each charter school operator that has filed an appeal. The focus of the interview will be on evaluating the charter school’s performance over the current term and the governing body and school leadership’s capacity to effectively oversee the charter school during the next charter term. The Commission staff shall assemble an interview panel that may include Commission staff, a Commission member, review committee members, and any other internal or external individuals whose knowledge and expertise would assist the Commission in its decision.

(a) The officers of the governing board and the school leader shall attend the interview, and the total participants from the charter school operator shall be limited to eight (8). The interviews will not be open to the public.

(b) All interview attendees (both on behalf of the charter school and Commission) shall attend the interview in person. However, Commission staff may allow certain attendees to participate remotely in extraordinary circumstances.

(6) Within sixty (60) calendar days after receipt of the notice of appeal and after reasonable public notice, the Commission shall hold a public hearing, attended by the Commission or its designated representative, in the school district in which the charter school has been operating.

(7) Following the public hearing, the interview, and the de novo review of the renewal record including the renewal application, the Executive Director of the Commission shall provide written findings and recommendations to the Commission. The Commission shall consider the findings and recommendations of the Executive Director when rendering a decision on the appeal, but the Commission is not bound by the recommendation.

(8) Subsequently, but within the sixty (60) calendar days after receipt of the notice of appeal, the Commission shall meet to render a decision and shall forward its findings to the local board of education.

(a) A representative of the governing board and local school board may speak at the meeting where the Commission will consider the findings and recommendations of the Executive Director. Alternatively, a representative of the governing board and local school board may submit a written comment to be read into the record by a member of the Commission staff during the meeting where the Commission will consider the findings and recommendations of the Executive Director. Written comments shall not be more than one (1) page typed in length and shall be received by the Executive Director at least forty-eight (48) hours prior to the scheduled board meeting. The Commission shall accept only one (1) written comment from each party.

(b) If the Commission finds that the local board of education’s decision was contrary to the best interests of the students, LEA, or community and approves the renewal application, the Commission shall be the authorizer.

(c) A decision by the Commission to deny renewal of a charter agreement is final and not subject to appeal.

(d) If the governing body of a charter school authorized by the Commission submits its renewal application to the Commission pursuant to T.C.A. § 49-13-121 then the decision of the Commission on the renewal application is final and may not be appealed again to the Commission.

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-121.
• Administrative History: Original rules filed October 29, 2020; effective January 27, 2021. Amendments filed May 5, 2025; effective August 3, 2025.

Tenn. Comp. R. & Regs. 1185-01-01-.03 CHARTER SCHOOL REVOCATION APPEALS

(1) Pursuant to T.C.A. § 49-13-122(g), the governing body of a public charter school may appeal a decision by the local board of education to revoke the charter agreement to the Commission no later than ten (10) calendar days after the date of the local board of education’s decision to revoke, except that a revocation based on violations in T.C.A. § 49-13-122(a) are not appealable. The governing body of the charter school shall submit a notice of appeal by email to the Commission. The notice of appeal must be received by the Commission no later than 11:59 p.m. Central Standard Time on the tenth (10th) day after the local board of education’s decision. In order to be considered a complete appeal, this notice of appeal shall contain the following information:

(a) A copy of the statement issued by the local board of education stating its reasons for revocation as required by T.C.A. § 49-13-122(d); and (b) Brief statement, no longer than three (3) pages, including but not limited to an explanation for why the local board of education’s decision to revoke the charter agreement was contrary to T.C.A. § 49-13-122.

(2) Commission staff shall not accept an incomplete appeal or any additional documentation from the charter school governing body beyond the contents of the notice of appeal unless requested by the Commission staff. If the governing body indicates in the notice of appeal that one (1) of the requirements listed in subparagraphs (a)–(b) above cannot be submitted, the governing body shall include an explanation in the notice of appeal. Commission staff may conditionally accept the appeal and collect additional information to determine whether the appeal may be accepted despite the governing body’s inability to submit one (1) of the requirements listed in subparagraphs (a)–(b) above.

(3) The Commission staff may request additional documentation from the charter school governing body, the local board of education, and the Tennessee Department of Education. In such case, each is requested to comply with the document request within five (5) calendar days of the request or as soon as possible thereafter, but in no event more than ten (10) calendar days after the request.

(4) The Commission shall conduct a de novo on the record review of the local board of education’s revocation decision.

(5) Within sixty (60) calendar days after receipt of the notice of appeal and after reasonable public notice, the Commission shall hold an open meeting, attended by the Commission or its designated representative, the governing board of the charter school, and the local board of education or the local board of education’s designated representative in the LEA in which the charter school has been operating.

(6) Subsequently, but within sixty (60) calendar days after receipt of the notice of appeal, the Commission shall meet to render a decision and shall forward its findings to the local board of education.

(a) A representative of the governing board and local school board may speak at the board meeting where the Commission will consider the findings and recommendations of the Executive Director. Alternatively, a representative of the governing board and local school board may submit a written comment to be read into the record by a member of the Commission staff during the meeting where the Commission will consider the findings and recommendations of the Executive Director. Written comments shall not be more than one (1) page typed in length and shall be received by the Executive Director at least forty-eight (48) hours prior to the scheduled board meeting. The Commission shall accept only one (1) written comment from each party.

(b) If the Commission finds that the local board of education’s decision was contrary to T.C.A. § 49-13-122 and overturns the local board of education’s decision to revoke the charter agreement, the Commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The decision of the Commission is final and not subject to appeal.

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-122.
• Administrative History: Original rules filed October 29, 2020; effective January 27, 2021.

Tenn. Comp. R. & Regs. 1185-01-01-.04 CHARTER SCHOOL AMENDMENT APPEALS

(1) Charter Amendments.

(a) An authorizer’s approval of a public charter school (“charter school”) application shall be in the form of a written charter agreement, signed by the sponsor and the authorizer, which shall be binding upon the governing body of the charter school. The charter agreement for a charter school shall be in writing and contain all material components of the approved application. The governing body of the charter school may petition the authorizer to amend the original charter agreement.

(b) An amendment to the original charter agreement shall be required for any material modification to the provisions of a charter school’s charter agreement.

(c) A material modification to a charter agreement is defined as a substantive change to the terms of the charter agreement regarding a charter school’s governance, financial, operational, or academic structure. Material modifications include, but are not limited to:

1. Change in governance structure (including, but not limited to, a change in the nonprofit entity governing the school), or addition of, changes to, or assignment of, a charter management organization;

2. The addition or removal of a grade level or levels;

3. Changes in student enrollment which fall outside of the minimum or maximum enrollment thresholds set forth in the charter school’s charter agreement;

4. The addition or removal of a plan to provide transportation to students attending the charter school;

5. Changes to the charter school’s location, if outside the geographic area set forth in the charter agreement;

6. Changes to the charter school’s academic focus set forth in the charter agreement; and 7. Changes identified in the charter agreement as material modifications or amendments.

(d) The governing body of the charter school applying for a material modification to the charter agreement shall complete and submit to its authorizer the amendment petition application (the “amendment application”) created and published by the State Board of Education, in consultation with the Commission.

(e) The governing body of a charter school seeking to apply for a material modification to the charter agreement shall file an amendment petition letter of intent with the authorizer and the Commission by one (1) of two (2) deadlines stated below:

1. Fall Deadline. The governing body of the charter school may file an amendment petition letter of intent with the authorizer and the Commission by September 1 of the school year preceding the school year in which the proposed amendment will take effect for any material modification outlined in paragraph (c). If the due date falls on a Saturday, Sunday or state-observed holiday, the letter of intent shall be due on the next business day.

2. Spring Deadline. The governing body of the charter school may file an amendment petition letter of intent with the authorizer and the Commission by January 15 of the school year preceding the school year in which the proposed amendment will take effect for any material modification outlined in paragraph (c) except items contained in paragraphs (c)2. or (c)3. If the due date falls on a Saturday, Sunday or state-observed holiday, the letter of intent shall be due on the next business day.

(f) The governing body of a charter school shall file an amendment application in accordance with the following deadlines:

1. Fall Deadline. The governing body of a charter school that submits its letter of intent in accordance with paragraph (e)1. shall file an amendment application with the authorizer by October 1. If the due date falls on a Saturday, Sunday or stateobserved holiday, the amendment application shall be due on the next business day.

2. Spring Deadline. The governing body of a charter school that submits its letter of intent in accordance with paragraph (e)2. shall file an amendment application with the authorizer by February 14. If the due date falls on a Saturday, Sunday or stateobserved holiday, the amendment application shall be due on the next business day.

(g) The authorizer shall report each amendment petition application received by the authorizer to the Commission no later than ten (10) days from the date on which the authorizer received the amendment petition application.

(h) The authorizer shall review and score all complete and timely amendment applications using a scoring rubric created and published by the State Board of Education, in consultation with the Commission.

(i) The authorizer shall rule by resolution, at a regular or special called meeting, on the approval or denial of an amendment application within sixty (60) calendar days of the application due date. Amendment applications may be submitted prior to the due date; however, all complete and timely amendment applications shall be reviewed and acted upon within sixty (60) calendar days following the applicable due date.

(j) Should the authorizer fail to either approve or deny a complete and timely amendment application within the sixty (60) calendar day time limit, the amendment application shall be deemed approved.

(k) If an amendment application is deemed approved, such amendment shall not alter the original term of the charter agreement. The charter school shall still be required to submit a renewal application pursuant to T.C.A. § 49-13-121 to continue to operate beyond the current charter term.

(l) If an amendment application is denied, the grounds upon which the authorizer based the decision to deny must be stated in writing, specifying the reasons for the denial, and shall be provided to the governing body of the charter school within five (5) calendar days of the date of the decision to deny. Authorizers shall also provide notice to the Commission of the amendment application decision within five (5) calendar days of the decision to deny.

(m) An emergency amendment petition application (“emergency amendment application”) and rubric shall be created and published by the State Board of Education, in consultation with the Commission.

(n) If the governing body of a charter school determines that, due to unanticipated extraordinary circumstances, good cause exists for the emergency amendment application to be submitted, it shall make a finding by resolution at a regular or special called meeting of the governing body. An emergency amendment application may be submitted to the authorizer at any time.

1. In order for an emergency amendment application to be complete, the governing body of the charter school shall include with the emergency amendment application detailed written findings explaining the unanticipated extraordinary circumstances giving rise to the emergency amendment application. An emergency amendment application shall not be used to add a grade level or levels or to increase student enrollment outside of the maximum enrollment thresholds set forth in the charter agreement.

2. The authorizer shall rule by resolution, at a regular or special called meeting, on the approval or denial of an emergency amendment application within sixty (60) calendar days of the date the completed emergency amendment application was submitted to the authorizer.

3. Should the authorizer fail to either approve or deny a complete emergency amendment application within the sixty (60) calendar day time limit, the emergency amendment application shall be deemed approved.

4. If an emergency amendment application is denied, the grounds upon which the authorizer based the decision to deny must be stated in writing, specifying the reasons for the denial, and shall be provided to the governing body of the charter school within five (5) calendar days of the date of the decision to deny.

(2) The governing body of a charter school may appeal a decision by an authorizer other than the Commission to deny an amendment to the charter agreement to the Commission within ten (10) calendar days of an authorizer’s vote to deny the amendment application, consistent with T.C.A. § 49-13-110(d). The governing body of a charter school shall submit a notice of appeal by email to the Commission. The notice of appeal must be received by the Commission no later than 11:59 p.m. Central Time on the tenth (10th) calendar day after an authorizer’s vote to deny the amendment application or emergency amendment petition. In order to be considered a complete appeal, the notice of appeal shall contain the following information:

(a) A copy of the original charter agreement that contains all material components of the approved application, including any approved amendments to the original application;

(b) A copy of the amendment application or emergency amendment application submitted to the authorizer;

(c) A summary of the amendment application or emergency amendment application timeline including the date the amendment application or emergency amendment application was originally submitted to the authorizer and the date the amendment application or emergency amendment application was denied by the authorizer;

(d) A copy of the letter informing the governing body of the authorizer’s reasons for denying the amendment application or emergency amendment application; and (e) A brief statement, no longer than three (3) pages, including but not limited to, an explanation of why the authorizer’s denial of the charter school amendment application or emergency amendment application was contrary to the best interests of the students, LEA, or community.

(3) Commission staff shall not accept an incomplete appeal or any additional documentation from the governing body of the charter school beyond the contents of the notice of appeal, unless requested specifically by the Commission staff.

(4) Commission staff may request additional documentation from the governing body, the authorizer, and the Tennessee Department of Education.

(5) Within sixty (60) calendar days after receipt of the notice of appeal and after reasonable public notice, the Commission shall hold a public hearing. The public hearing shall be attended by the Commission or its designated representatives and provide an opportunity for public comment. The public hearing may be virtual or in the school district in which the charter school is operating, as determined by the Executive Director. Details of the public hearing will be on the Commission website.

(6) Following the public hearing, the review of the amendment application or emergency amendment application and any additional information collected by the Commission, the Executive Director of the Commission shall provide written findings and recommendations to the Commission. The Commission shall consider the findings and recommendations of the Executive Director when rendering a decision on the appeal, but the Commission is not bound by the recommendation.

(7) Subsequently, but within the sixty (60) calendar days after receipt of the notice of appeal, the Commission shall meet to render a decision. If the Commission finds that the denial of the amendment application or emergency amendment application is contrary to the best interests of the students, LEA, or community, the Commission shall remand the decision to the authorizer with written instructions for approval of the amendment application or emergency amendment application. The Commission shall not become the authorizer, and the charter school shall remain under the supervision of the authorizer to whom the amendment application or emergency amendment application was submitted. The decision of the Commission is final, and no other appeals shall be made.

History

• Authority: T.C.A. §§ 49-13-105(m) and 49-13-110.
• Administrative History: Emergency rule filed July 28, 2021; effective through January 24, 2022. Emergency rule expired effective January 25, 2022, and the rule reverted its previous status. New rule filed November 16, 2021; effective February 14, 2022. Amendments filed December 5, 2025; effective March 5, 2026.

Chapter 1185-01-02 Public Records Requests

Tenn. Comp. R. & Regs. 1185-01-02-.01 PUBLIC RECORDS REQUESTS

(1) GENERALLY.

(a) In accordance with the Tennessee Public Records Act (TPRA), T.C.A. § 10-7-503, all state, county, and municipal records shall, at all times during business hours, be open for personal inspection by any citizen of this state, and those in charge of the records shall not refuse such right of inspection to any citizen, unless otherwise provided by state law. Accordingly, the public records of the Tennessee Public Charter Schools Commission (“Commission”) are presumed to be open for inspection unless an exemption is otherwise provided by law.

(b) Personnel of the Commission shall provide access and assistance in a timely and efficient manner to persons requesting access to public records. No provisions of this

rule shall be used to hinder access to open public records. However, the integrity and organization of public records, as well as the efficient and safe operation of the Commission, shall be protected as provided by current law. Concerns about the provisions or enforcement of this rule should be addressed to the Commission’s Public Records Request Coordinator or to the Tennessee Office of Open Records Counsel (OORC).

(c) Commission personnel will respond promptly to public record requests upon proof of Tennessee citizenship by presentation of a validly issued Tennessee driver’s license or Tennessee-issued identification.

(2) DEFINITIONS.

(a) Public records: All documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency. Public records do not include the device or equipment, including, but not limited to, a cell phone, computer, or other electronic or mechanical device or equipment, that may have been used to create or store a public record or state record.

(b) Public records request coordinator (PRRC): The individual, or individuals, identified in this rule who has, or have, the responsibility to ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA. The public records request coordinator may also be a records custodian.

(c) Records custodian: The office, official or employee lawfully responsible for the direct custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(1185-01-02-.01, continued)

July, 2021 2 (d) Redacted record: A public record otherwise open for public inspection from which protected or confidential information is removed or obscured prior to release or inspection.

(e) Requestor: A Tennessee citizen requesting access to a public record, whether for inspection or duplication.

(3) MAKING PUBLIC RECORDS REQUESTS.

(a) All public record requests shall be made to the PRRC in order to ensure public record requests made pursuant to the TPRA are routed to the appropriate records custodian and fulfilled in a timely manner.

(b) Requests for inspection shall be made orally or in writing addressed as follows:

Tennessee Public Charter School Commission Attn: General Counsel Davy Crockett Tower, 5th Floor 500 James Robertson Parkway Nashville, TN 37243 Charter.Commissionrecords@tn.gov Requests for copies or requests for inspection and copies shall be made in writing via fax, email, mail, or hand delivery using the contact information above.

(4) RESPONDING TO PUBLIC RECORDS REQUESTS.

(a) The PRRC shall review public record requests and make an initial determination of the following:

1. If the requestor has provided evidence of Tennessee citizenship;

2. If the records requested are described with sufficient specificity to identify them; and 3. If the Commission is the custodian of the records requested.

(b) The PRRC shall acknowledge receipt of the request and take any of the following action(s), as appropriate:

1. Advise the requestor of this Rule and the elections made by the Commission regarding:

(i) Proof of Tennessee Citizenship;

(ii) Fees (and labor threshold and waivers if applicable);

(iii) Aggregation of multiple or frequent requests.

2. Deny the request in writing if an appropriate ground applies, including the basis for the denial, using the Public Records Request Response Form developed by the OORC. Appropriate grounds for denial include, but are not limited to, the following:

(i) Requestor is not, or has not presented evidence of being, a Tennessee citizen;

(1185-01-02-.01, continued)

July, 2021 3 (ii) Request lacks specificity;

(iii) Exemption makes the record not subject to disclosure under the TPRA;

(iv) The Commission is not the custodian of the requested records;

(v) The records do not exist.

3. If appropriate, contact the requestor to see if request can be narrowed.

4. Forward the records request to the appropriate records custodian and advise the requestor of such action.

5. If the records are in the custody of a different governmental entity, and the PRRC knows the correct governmental entity, advise the requestor of the correct entity and PRRC for that entity, if known.

(c) The designated PRRC(s) for the Commission is the General Counsel and, in the absence of the General Counsel, the Director of Schools. Contact information is available on the Commission’s website.

(5) RECORDS CUSTODIAN.

(a) Upon receiving a public records request, the records custodian shall make requested open public records available as promptly as practicable in accordance with T.C.A. § 10- 7-503.

(b) If it is not practicable for the records custodian to promptly provide requested records because additional time is necessary to determine whether the requested records exist, to gain access to records, to determine whether the records are open, to redact records, or for other similar reasons, then the records custodian shall notify the PRRC who shall, within seven (7) business days from the records custodian’s receipt of the request, send the requestor a completed Public Records Request Response Form developed by the OORC stating the time reasonably necessary to produce the record or information.

(c) If the records custodian determines that a public record request should be denied, he or she shall notify the PRRC, who shall deny the request in writing using the Public Records Request Response Form developed by the OORC and provide the ground(s) for denial in writing, including, but not limited to the following:

1. Requestor is not, or has not presented evidence of being, a Tennessee citizen;

2. Request lacks specificity;

3. Exemption makes the record not subject to disclosure under them TPRA;

4. The Commission is not the custodian of the requested records; or 5. The records do not exist.

If the records relate to another governmental entity and the PRRC is aware of the correct governmental entity, the PRRC shall advise the requestor of the correct governmental entity and PRRC for that entity, if known.

(d) If the records custodian reasonably determines production of records should be segmented because the records request is for a large volume of records or additional (1185-01-02-.01, continued)

July, 2021 4 time is necessary to prepare the records for access, the records custodian shall notify the requestor that production of the records will be in segments and that a records production schedule will be provided as expeditiously as practicable. If appropriate, the records custodian should contact the requestor to see if the request can be narrowed.

(e) If the records custodian discovers records responsive to a records request were omitted, the records custodian shall promptly contact the requestor concerning the omission and produce the records as quickly as practicable.

(6) REDACTION.

(a) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access.

The records custodian shall coordinate with General Counsel of the Commission for review and redaction of records. The records custodian and the PRRC may also consult Office of the Attorney General.

(b) Whenever a redacted record is provided, the records custodian shall provide the requestor with the basis for redaction. The basis given for redaction shall not disclose confidential information. A records custodian is not required to produce a privilege log.

(7) INSPECTION OF RECORDS.

(a) There is no charge for inspection of open public records.

(b) The location for inspection of records within the offices of the Commission shall be specified by the records custodian or PRRC.

(c) A records custodian or PRRC may require an appointment for inspection or may require inspection of records at an alternate location under reasonable circumstances.

(8) COPIES OF RECORDS.

(a) Copies will be available for pickup at Commission’s office during regular business hours.

(b) Upon payment for costs of postage, copies will be delivered to the requestor’s home address by U.S. Postal Service.

(c) A requestor will not be allowed to make copies of records with personal equipment.

However, a requestor may use a personal camera to take a photograph of a record. If copies are to be downloaded to a storage device, the requestor shall supply their own storage device or the records custodian may charge the actual out-of-pocket costs for storage devices on which electronic copies are provided.

(d) The records custodian shall respond to a public record request for copies in the most economic and efficient manner practicable.

(9) FEES AND CHARGES.

(a) Prior to producing copies of records, the records custodian shall provide requestors with an estimate of the charges (itemized by per page costs, labor, and other) to be assessed, and may require pre-payment of such charges before producing requested records.

(b) When fees for copies and labor do not exceed $10.00, the fees will be waived. Requests for waivers for fees above $10.00 must be presented to the PRRC.

(1185-01-02-.01, continued)

July, 2021 5 (c) Fees and charges for copies are as follows, but no more than the safe harbor amount authorized by the OORC Schedule of Reasonable Charges, unless a higher charge can be documented:

1. $0.15 cents per page for letter and legal-sized black and white copies;

2. $0.50 cents per page for letter and legal-sized color copies.

3. Labor will be charged when time exceeds four (4) hours.

4. If an outside vendor is used, the actual costs assessed by the vendor.

5. Other charges shall be in accordance with the OORC Schedule of Reasonable Charges.

(d) Payment is to be made in cash, money order, or personal check payable to the Tennessee Public Charter Schools Commission and presented to the Commission General Counsel.

(e) Payment in advance will be required when costs are estimated to exceed $100.00.

(10) AGGREGATION OF FREQUENT AND MULTIPLE REQUESTS.

(a) The Commission will aggregate record requests for the purpose of calculating charges for copies or duplicates of public records in accordance with the Reasonable Charges for Frequent and Multiple Request Policy promulgated by the OORC when more than four (4) requests are received within a calendar month, either from a single individual or a group of individuals deemed working in concert.

(b) If it is determined that records requests submitted to the Commission will be aggregated:

1. Records requests will be aggregated at the agency level.

2. The PRRC is responsible for making the determination that a group of individuals are working in concert. The PRRC or the records custodian must inform the individuals that they have been deemed to be working in concert and that they have the right to appeal the decision to the OORC.

History

• Authority: T.C.A. §§ 10-7-503 and 49-13-105.
• Administrative History: New rule filed April 5, 2021; effective July 4, 2021.

Chapter 1185-01-03 Achievement School District Authorization

Tenn. Comp. R. & Regs. 1185-01-03-.01 DEFINITIONS

(1) “Deemed eligible” means an Achievement School District (“ASD”)-authorized charter school selected by the Commissioner of the Tennessee Department of Education (“Commissioner”) to apply to the Tennessee Public Charter School Commission (“Commission”) for a new charter term or renewed charter agreement.

(2) “New charter term” for purposes of applications filed by ASD-authorized charter schools shall mean a period of time required to complete the initial ASD charter term of ten (10) years, as authorized by the ASD through T.C.A. § 49-1-106.

(3) “Renewed charter agreement” for purposes of applications filed by ASD-authorized charter schools shall mean an agreement entered into by the Commission and a charter school, currently in its ninth (9th) year of operation under the ASD, for a new ten (10) year term.

History

• Authority: T.C.A. §§ 49-1-614(k) and 49-13-105.
• Administrative History: Emergency rules filed October 28, 2021; effective through April 26, 2022. New rules filed November 15, 2021; effective February 13, 2022.

Tenn. Comp. R. & Regs. 1185-01-03-.02 ELIGIBILITY

(1) Upon a decision by the Commissioner, an ASD-authorized charter school deemed eligible for exit from the ASD, pursuant to T.C.A. §§ 49-1-614(k)(2) or (k)(4), may apply to the Commission for an agreement for a new charter term.

(2) An ASD-authorized charter school in its ninth (9th) year of a charter agreement, who has been deemed eligible for exit for the ASD, pursuant to T.C.A. § 49-1-615(k)(2), may apply to the Commission for a renewed charter agreement.

(a) A renewed charter agreement shall be a document of mutual agreement between the Commission and the charter school’s governing body.

(b) A renewed charter agreement may include rights and obligations relating to the use of school buildings and facilities for the duration of the new charter agreement, in accordance with T.C.A. § 49-1-614(k).

(3) On or before October 15 of the year prior to the start of the upcoming school year, any eligible ASD-authorized charter school deemed eligible to apply for a new charter term to the Commission, may submit a letter of intent of its plan to apply for transfer to the Commission.

An ASD-authorized charter school may be ineligible to apply for transfer if it fails to submit a letter of intent in the year prior to the start of the upcoming school year.

History

• Authority: T.C.A. §§ 49-1-614(k) and 49-13-105.
• Administrative History: Emergency rules filed October 28, 2021; effective through April 26, 2022. New rules filed November 15, 2021; effective February 13, 2022.

Tenn. Comp. R. & Regs. 1185-01-03-.03 APPLICATION

(1) On or before November 15 of the year preceding the year in which the proposed ASDauthorized charter school intends to transfer to the Commission, the charter school operator (“operator”) shall file an application to the Commission. All applications shall be submitted on a form prescribed by the Commission, or the Commission’s designee. The authorizer shall review the materials for a complete application prior to the application’s evaluation. The authorizer review shall include an opportunity for the operator to cure any deficiencies in the application. Subsequent to submission by an operator, the application shall be published to the Commission website after thirty (30) days.

(2) An application submitted by an ASD-authorized charter school seeking transfer to the Commission, pursuant to T.C.A. § 49-1-614(k)(2) or (k)(4), shall be accompanied by a fee of two thousand five hundred ($2,500) dollars. Application fee shall be by check or money order, made payable to “State of Tennessee – Tennessee Public Charter School Commission.”

Failure to include payment of the application fee will result in the application not being accepted by the Commission.

(3) Application evaluations shall include review of the academic, operational, and financial performance of the ASD-authorized charter school, including but not limited to student growth and student academic achievement.

(a) The Commission staff shall assemble a charter application review committee comprised of teams of internal and external evaluators with relevant and diverse educational, organizational, financial, and legal expertise, as well as an understanding of the essential principles of public charter school autonomy and accountability. In reviewing the application, the application review committee shall:

1. Use the scoring criteria developed by the Commission and available on the Commission’s website to evaluate the charter application; and 2. Review applications in accordance with the State Board of Education’s quality public charter school authorizing standards.

(b) The Commission staff shall interview the governing board of each ASD-authorized charter school that has filed a timely and complete application. The focus of the interview will be assessing the governing board and school leadership’s capacity to continue to operate a high-quality charter school under the Commission that is consistent with the charter application, accelerates student academic achievement, is operationally sound, and is fiscally responsible. The Commission staff shall assemble an interview panel that may include Commission staff, a Commission member, review committee members, and any other internal or external individuals whose knowledge and expertise would assist the Commission in its decision.

1. The officers of the governing board and the school leader shall attend the interview, and the total participants from the sponsor shall be limited to eight (8).

The interviews will not be open to the public.

2. All interview attendees (both on behalf of the charter school and Commission) shall attend the interview in-person. However, Commission staff may allow attendees to participate remotely in extraordinary circumstances.

(c) Within seventy-five (75) calendar days after receipt of the November 15 application deadline, the Commission, or the Commission’s designee, shall hold a public hearing.

The public hearing shall be attended by the Commission or its designated representative and shall occur in the LEA in which the ASD-authorized charter school geographically resides. The hearing must be open to representatives from the local board of education and the governing board. Notice of the hearing must be provided to the local board of education, the governing board, and the general public and posted on the Commission’s website.

(d) Following the public hearing, the interview, and the review of the application, the Executive Director of the Commission shall provide written findings and recommendations to the Commission. The Commission shall consider the findings and recommendations of the Executive Director when rendering a decision on the application, but the Commission is not bound by the recommendation.

(4) The Commission shall review all timely filed applications in accordance with quality charter authorizing standards, as approved by the State Board of Education. The Commission shall approve or deny each application for transfer. The decision of the Commission shall be final.

(5) If the Commission approves an ASD-authorized charter school application for a new charter term, a new charter agreement shall be negotiated and mutually agreed upon for the duration of the new charter term.

(a) The charter agreement may include rights and obligations relating to the use of school buildings and facilities for the duration of the new charter term, in accordance with T.C.A. § 49-1-614(k).

(6) If the Commission approves an ASD-authorized charter school application for a renewed charter agreement, a new charter agreement shall be negotiated and mutually agreed upon for the duration of the new charter term.

(a) The charter agreement may include rights and obligations relating to the use of school buildings and facilities for the duration of the new charter term, in accordance with T.C.A. § 49-1-614(k).

History

• Authority: T.C.A. §§ 49-1-614(k) and 49-13-105.
• Administrative History: Emergency rules filed October 28, 2021; effective through April 26, 2022. New rules filed November 15, 2021; effective February 13, 2022.

Chapter 1185-01-04 Reserved

Tenn. Comp. R. & Regs. 1185-01-04-.01 RESERVED

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-137.
• Administrative History: Emergency rules filed August 13, 2025; effective through February 9, 2026. Emergency rules expired effective February 10, 2026, and the rules reverted to their previous statuses. New rules filed November 26, 2025; effective February 24, 2026. New rules expired pursuant to Chapter 851, § 1 of the 2026 Public Acts, effective April 27, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 1185-01-04-.03 RESERVED

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-137.
• Administrative History: Emergency rules filed August 13, 2025; effective through February 9, 2026. Emergency rules expired effective February 10, 2026, and the rules reverted to their previous statuses. New rules filed November 26, 2025; effective February 24, 2026. New rules expired pursuant to Chapter 851, § 1 of the 2026 Public Acts, effective April 27, 2026, and the rules reverted to their previous statuses.

Tenn. Comp. R. & Regs. 1185-01-04-.02 RESERVED

History

• Authority: T.C.A. §§ 49-13-105 and 49-13-137.
• Administrative History: Emergency rules filed August 13, 2025; effective through February 9, 2026. Emergency rules expired effective February 10, 2026, and the rules reverted to their previous statuses. New rules filed November 26, 2025; effective February 24, 2026. New rules expired pursuant to Chapter 851, § 1 of the 2026 Public Acts, effective April 27, 2026, and the rules reverted to their previous statuses.