AN ACT to amend Tennessee Code Annotated, Title 49, relative to charter schools.
Summary
SB2318 revises Tennessee’s charter school law to narrow who may serve as a charter school “sponsor” and to clarify which postsecondary institutions may be involved in establishing a public charter school. The bill expressly bars for-profit entities and nonpublic schools from serving as sponsors, and it also bars nonpublic schools from establishing a public charter school under the chapter.
At the same time, the bill expands and clarifies the role of postsecondary institutions by replacing references to “public higher education” with broader references to “postsecondary institutions” in several provisions. It specifically allows a private postsecondary institution, including one that is religiously affiliated and maintains a campus in Tennessee, to establish a public charter school, while continuing to require that the institution meet the chapter’s other requirements, including regional accreditation where applicable to the sponsor definition.
Impact
The bill amends Tennessee Code Annotated Title 49, Chapter 13, which governs public charter schools, by changing the statutory definition of “sponsor” and revising provisions that reference higher education institutions. Its practical effect is to exclude for-profit operators and nonpublic schools from charter sponsorship, while opening the door for private, regionally accredited postsecondary institutions with Tennessee campuses, including religiously affiliated institutions, to participate in charter school formation. The changes affect charter school applicants, authorizers, and postsecondary institutions seeking to sponsor or establish charter schools.
Sentiment
The available voting record suggests generally favorable sentiment toward the bill. It was recommended for passage in the Senate Education Committee by an 8-0 vote and later passed on the Senate floor and on final passage with comfortable margins, indicating broad support among legislators. The absence of committee transcript material limits insight into detailed debate, but the vote totals indicate the measure was not especially divisive overall.
Contention
The main point of contention appears to be the bill’s line-drawing around who may participate in charter school sponsorship. Supporters likely viewed the bill as a way to prevent for-profit and nonpublic school involvement while preserving a role for accredited postsecondary institutions. Potential concerns would center on the inclusion of private, including religiously affiliated, postsecondary institutions in charter school establishment and the exclusion of nonpublic schools, but the recorded votes show that any disagreement was limited and did not prevent passage.