Public charter school bill approved by Senate
Bill now goes to the governor

(NASHVILLE, TN), June 18, 2009 -- Major education reform legislation that strengthens Tennessee’s public charter school law was approved by the State Senate today and sent to the governor for his signature.  The legislation, sponsored by Speaker Pro Tempore Jamie Woodson (R-Knoxville) widens eligibility, clarifies funding and addresses rules for renewal of the public charter schools. 

Previously, Tennessee had one of the most restrictive public charter school laws in the nation.  The bill also puts into place a process so the best practices gained from the “laboratories of learning” go into traditional school programs.

“A one size fits all strategy for education shortchanges students and their families,” said Woodson.  “Effective and accountable public charter schools are a vital component to a broad strategy to offer excellent public education for the children of our great state.”
 
Charter schools are public schools that are given flexibility to operate without the constraints of some of the rules and regulations normally imposed on traditional schools.  In exchange for this flexibility, they are held accountable for performance through a charter, which is an agreement between the local education agency (LEA) and the charter school.  It requires a strenuous approval process by the LEA and an equally tough renewal process of the charter every five years.

The legislation, SB 2133, addresses four provisions in the current charter school law.

• Eligibility -- Currently, public charter school enrollment is limited primarily to failing students and those from failing schools.  This legislation permits “at-risk” children (as defined by free and reduced-price lunch) to attend charter schools in those systems that have 14,000 or more students and three or more schools which do not meet adequate yearly progress benchmarks.  In addition, school boards can opt by a two-thirds vote to allow students who are “at risk” to be eligible to attend charter schools.

• Caps -- Currently public charter schools are limited to 50 statewide, with a cap of 35 in Memphis and 20 in Nashville.  This bill says that converted charter schools do not count against the cap, clarifying in law what the Attorney General has already opined.  In addition the number of charter schools statewide would be limited to 90. 

• Renewal process – Currently, the charter agreement between the LEA and the charter school is renewed every five years.  This measure would change the renewal period from five to ten years, with an interim report every five years.  It also establishes the required documentation needed during the renewal process.

• Funding – Currently a public charter school receives the per pupil expenditure of state and local dollars.  Although it mentions appropriate federal dollars, interpretations vary from one LEA to the next.  This legislation defines the state and local charter school facilities funding responsibilities and clarifies the LEAs must allocate all appropriate federal funds, including Title I and ESEA funds, to the charter schools. 

“We now have a much improved public charter statue which provides on strong option in our portfolio of strong public choices for Tennesseans,” Woodson concluded.

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