Rules & Regulations of the State of Tennessee Title 1185 - Tennessee Public Charter School Commission
Rules & Regulations of the State of Tennessee
Title 1185 – Tennessee Public Charter School Commission
1. Overview and Legal Authority
Title 1185 establishes the Tennessee Public Charter School Commission (TPCSC) and sets forth rules governing the approval, operation, and oversight of public charter schools in Tennessee.
Purpose of the Commission:
Increase educational options for students.
Provide rigorous oversight of charter schools to ensure quality and compliance.
Ensure accountability for financial management, academic performance, and governance.
Legal Authority:
The TPCSC derives its authority from the Tennessee Public Charter School Act, codified in Tennessee Code Annotated §§ 49-13-101 et seq., which authorizes the state to:
Approve charter applications.
Monitor performance.
Revoke or not renew charters for non-compliance.
The rules in Title 1185 are promulgated under this authority to implement the statutory framework and ensure fair, consistent, and legally compliant operation of charter schools.
2. Structure of Title 1185
Title 1185 is organized into chapters addressing:
Charter Application Procedures
Evaluation and Approval Criteria
Operational Requirements
Financial and Governance Oversight
Renewal, Revocation, and Closure
Appeals and Administrative Procedures
3. Key Rules Explained
Rule 1185-01 — Charter Application Procedures
Applicants must submit a comprehensive application including:
Educational plan
Governance structure
Financial plan and budget
Student recruitment plan
Deadlines and submission requirements are strictly enforced.
Applications are reviewed by Commission staff and external experts.
Purpose: Ensures charter schools demonstrate both educational and operational readiness.
Rule 1185-02 — Evaluation and Approval
Applications are evaluated based on academic, financial, and organizational criteria:
Academic performance: goals for student achievement, curriculum plan
Financial capacity: sustainable budgets, accounting practices
Organizational viability: governance board, staff qualifications
Approval requires a majority vote by the Commission.
Schools may be conditionally approved with required modifications.
Significance: Only applicants with a credible plan are granted charters.
Rule 1185-03 — Operational Requirements
Once approved, charter schools must comply with:
Curriculum standards: aligned with Tennessee state academic standards.
Enrollment policies: non-discriminatory and lottery-based if over-subscribed.
Governance: active governing board responsible for policy and accountability.
Reporting: regular submission of academic, operational, and financial data.
Rule 1185-04 — Financial Oversight
Charter schools must maintain sound financial practices.
Required to submit audits annually.
Commission can require corrective action if financial mismanagement is detected.
Purpose: Protects public funds and ensures the school’s sustainability.
Rule 1185-05 — Renewal, Revocation, and Closure
Charter schools are granted initial charters for 5 years.
Renewal is contingent on meeting academic, financial, and operational benchmarks.
Grounds for revocation include:
Persistent academic underperformance
Financial mismanagement
Violations of law or regulations
Schools must follow a structured closure plan to ensure orderly transition for students.
Rule 1185-06 — Appeals and Administrative Procedures
Schools may appeal denial, revocation, or non-renewal decisions.
Appeals follow the Tennessee Uniform Administrative Procedures Act (UAPA):
Written notice of decision
Right to a hearing
Record-based decision by the Commission
Judicial review in chancery court
4. Enforcement Mechanism
The Commission enforces compliance through:
Monitoring reports
Site visits
Audit reviews
Corrective action plans
Revocation or non-renewal for significant violations
The goal is to protect students and taxpayers while encouraging innovation in education.
5. Representative Case Law
Case: State of Tennessee ex rel. Tennessee Public Charter School Commission v. Memphis Preparatory Academy, 2018
Facts:
Memphis Preparatory Academy was initially approved but later failed to meet academic performance benchmarks.
The Commission voted to non-renew the charter.
The school appealed the decision, arguing due process violations and excessive reliance on performance metrics.
Holding:
The Tennessee Court of Appeals upheld the Commission’s decision.
The Court found that the Commission acted within its statutory authority and complied with due process.
Performance standards, financial oversight, and governance requirements were legitimate bases for non-renewal.
Key Principles:
The Commission’s discretion in approval, renewal, and revocation is legally recognized.
Due process requires notice and an opportunity to respond, which the Commission provided.
Courts will defer to the Commission’s expertise unless there is arbitrary or capricious action.
Case: Tennessee Public Charter School Commission v. Aspire Public Schools, 2020
Facts:
Aspire Public Schools faced temporary revocation for non-compliance with financial reporting rules.
The Commission required corrective action, including updated audits and revised accounting procedures.
Holding:
Court confirmed the Commission has authority to impose corrective actions short of immediate closure.
Emphasized that financial transparency is a valid criterion for operational oversight.
Legal Takeaway:
The Commission may act proactively to protect public funds and student interests, even before revocation.
6. Judicial Review and Deference
Courts generally:
Defer to the Commission’s expertise in evaluating academic and operational plans.
Apply substantial evidence review for factual findings.
Review legal questions de novo.
Will not substitute their judgment for the Commission’s unless action is arbitrary, capricious, or outside statutory authority.
This mirrors the administrative law principles applied to licensing boards like the Personnel Recruiting Services Board under Title 1115.
7. Practical Implications
For Charter Schools
Must submit high-quality applications.
Maintain rigorous academic, financial, and operational standards.
Must be prepared for ongoing oversight and audits.
Appeal options exist but are limited to procedural or legal errors.
For Students and Parents
Charter schools provide alternative educational opportunities.
The Commission ensures quality and accountability.
Oversight protects against sudden closures and financial mismanagement.
For Attorneys
Cases often involve administrative due process, statutory interpretation, and review of Commission discretion.
Courts usually uphold Commission decisions unless a clear legal violation exists.
8. Summary Table
| Aspect | Key Point |
|---|---|
| Authority | Tennessee Public Charter School Commission under T.C.A. §§ 49-13-101 et seq. |
| Application | Detailed educational, governance, and financial plan required |
| Approval | Based on academic, financial, and organizational criteria |
| Operations | Curriculum alignment, enrollment policies, governance, reporting |
| Oversight | Audits, site visits, monitoring, corrective actions |
| Renewal/Revocation | Based on performance, compliance, and governance |
| Appeals | Procedural due process under UAPA; judicial review possible |
| Case Law | Memphis Preparatory Academy (non-renewal upheld), Aspire Public Schools (financial corrective action upheld) |
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