Commission reviews NewStart appeals process, sets timelines for MNPS hearings and special meeting

The Tennessee Public Charter School Commission received a detailed overview of the NewStart appeals process at its July 25 meeting and was briefed on upcoming timelines for appeals from Metro Nashville Public Schools and other districts.

Beth Figaro, the commission’s director of authorizing, reviewed the full appeals workflow required by statute: initial application to the local LEA, denial and a second denial of any amended application, filing of an appeal with the commission, a de novo review by the commission’s review committee (including a 90‑minute capacity interview with the sponsor and governing board), a public hearing in the proposed geographic district, and the commission’s consideration of an executive director recommendation within a maximum 75‑day window. Figaro emphasized that the review committee compares applications to the Department of Education scoring rubric and does not receive the LEA’s rationale for denial as part of its scoring work.

General Counsel Ashley Thomas and Figaro outlined the schedule and materials timeline for the near‑term reviews: - Metro Nashville appeals: public hearings are scheduled beginning Aug. 8 at 8:30 a.m. (Nashville time). Staff will provide the notice of appeal and all relevant record materials in TNShare by August 1. Capacity interviews will begin the week prior and recorded hearings/interviews will be posted to commissioners’ folders as they are completed. - Special called meeting: the commission will hold a virtual special called meeting on Aug. 27 to consider MNPS appeals. Figaro said Executive Director Tess Stoball will provide the executive director’s recommendation ahead of the meeting; commissioners requested prompt access to records because capacity interviews and hearings are lengthy and take time to review. - Non‑MNPS appeals: the remainder of active appeals will be scheduled for the October meeting (in Nashville); staff will provide notice of appeal and the application by August 15 to allow commissioners to begin review.

Figaro and Thomas highlighted several contextual issues commissioners should expect as they review appeals this cycle: - Opportunity public charter schools: Under Tennessee statute (as stated in the meeting), opportunity charter schools are designed to serve at‑risk students in grades 6–12 and must demonstrate at least 75% of enrolled students meet the statutory definition of at‑risk at the time of enrollment. Staff said the State Board of Education is developing a modified accountability approach for opportunity schools; the commission will evaluate applications against the Department rubric and consider readiness and the operator’s financial and programmatic model. - ASD transition schools: applications to transition schools from the Achievement School District were discussed; Figaro noted these are existing operating schools and the available charter term is a tenure charter term; approvals and denials have occurred in previous cycles and the commission must weigh operator capacity to continue effective operation. - Readiness to open: staff said preopening readiness (enrollment trends, facilities, staffing and a board‑approved financial plan) will be a critical focus in application review; many prospective schools face facility and staffing challenges leading into opening years.

What commissioners were told about record review and contacts: Thomas reminded commissioners that their review is a de novo review on the record; only material contained in the record can be considered. She asked commissioners to forward any unsolicited material or outreach to staff so it may be assessed and included in the record if appropriate. Thomas emphasized the executive director’s recommendation will roll up the review committee report, capacity interview notes and public hearing information; commissioners may adopt, modify or reject the recommendation.

Why it matters: The commission is entering a busy appeals season with several MNPS appeals and at least one appeal in Madison County (Jackson Museum School). The Aug. 1 and Aug. 15 material deadlines are designed to give commissioners time to review voluminous records before the August special meeting and the October full meeting. Commissioners asked staff to ensure timely posting of recordings and materials to TNShare.

Ending: Staff said recordings of capacity interviews and public hearings will be uploaded as available and will provide commissioners with ample time to review the record prior to each scheduled decision meeting. Chair Richards reminded commissioners the special called meeting on Aug. 27 will be virtual and that staff will notify commissioners about material availability.