Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Authorizer: means : (A) A local board of education, the Tennessee public charter school commission, or the achievement school district as defined in §. See Tennessee Code 49-13-104
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. See Tennessee Code 49-13-104
Fraud: Intentional deception resulting in injury to another.
local board of education: means the board of education that manages and controls the respective local public school system. See Tennessee Code 49-1-103
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. See Tennessee Code 49-13-104
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
Remand: When an appellate court sends a case back to a lower court for further proceedings.
Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) An authorizer may revoke a public charter school agreement if the public charter school receives identification as a priority school, as defined by the state‘s accountability system pursuant to § 49-1-602, for 2017 or any year thereafter. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school.(2) If the authorizer does not revoke a public charter school agreement after a public charter school is identified as a priority school, then the public charter school must develop and implement a comprehensive support and improvement plan pursuant to § 49-1-602(b)(6).(3) An authorizer shall revoke a public charter school agreement if the public charter school receives identification as a priority school for two (2) consecutive cycles beginning in 2017. The revocation takes effect immediately following the close of the school year in which the public charter school is identified as a priority school for the second consecutive cycle.(4) The revocation of a public charter school agreement under subdivisions (a)(1) or (a)(3) is final and is not subject to appeal. A public charter school that is scheduled to close under this subsection (a) is entitled to a review by the department of education to verify the accuracy of the data used to identify the public charter school as a priority school.(5) This subsection (a) does not prohibit an authorizer from revoking a charter agreement of a public charter school that fails to meet the minimum performance requirements set forth in the charter agreement.(b) A public charter school agreement may be revoked at any time by the authorizer if the authorizer determines that the school:
(1) Committed a material violation of any conditions, standards, or procedures set forth in the charter agreement;(2) Failed to meet or make sufficient progress toward the performance expectations set forth in the charter agreement; or(3) Failed to meet generally accepted standards of fiscal management.(c) Thirty (30) days prior to any decision by an authorizer to revoke a charter agreement, the authorizer shall notify the charter school in writing of the possibility of revocation and the reasons for such possible revocation.(d) If the authorizer revokes a charter agreement, then the authorizer shall clearly state in writing the reasons for the revocation.(e) No later than ten (10) days after an authorizer adopts a resolution to revoke a charter agreement, the authorizer shall report the authorizer’s decision to the department of education and shall provide a copy of the resolution that sets forth the authorizer’s decision and the reasons for the decision.(f)(1) Until 11:59 p.m. on December 31, 2020, a local board of education‘s decision to revoke a charter agreement may be appealed to the state board of education no later than ten (10) days after the date of the local board of education’s decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the state board of education receives a notice of appeal and after the state board of education provides reasonable public notice, the state board of education, at a public hearing attended by the local board of education or the local board of education’s designated representative and held in the LEA in which the public charter school has been operating, shall conduct a de novo on the record review of the authorizer’s decision. In order to overturn a local board of education’s decision to revoke a charter agreement, the state board of education must find that the local board of education’s decision was contrary to this section. If the state board of education overturns the local board of education’s decision to revoke a charter agreement, then the state board of education shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The decision of the state board of education is final and is not subject to appeal. This subsection (f) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.(2) This subsection (f) is repealed at 11:59 p.m. on December 31, 2020.(g)(1) Beginning immediately upon the repeal of subsection (f), a decision to revoke a charter agreement may be appealed to the commission no later than ten (10) days after the date of the decision, except for revocations based on the violations specified in subsection (a). No later than sixty (60) days after the commission receives a notice of appeal and after the commission provides reasonable public notice, the commission shall hold an open meeting in the LEA in which the public charter school has been operating to conduct a de novo on the record review of the local board of education’s decision. In order to overturn a local board of education’s decision to revoke a charter agreement, the commission must find that the decision was contrary to this section. If the commission overturns the local board of education’s decision to revoke a charter agreement, then the commission shall remand the decision to the local board of education and the local board of education shall remain the authorizer. The commission’s decision is final and is not subject to appeal.(2) This subsection (g) only applies to decisions to revoke a charter agreement for which the local board of education is the authorizer.(h) Except in the case of fraud, misappropriation of funds, flagrant disregard of the charter agreement, or similar misconduct, a decision to revoke a charter agreement becomes effective at the close of the school year.
