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State board adopts charter reporting rule and emergency rules for Opportunity Charter Schools; adopts accountability framework after debate
Summary
The State Board of Education adopted an amended annual reporting rule for charter authorizers, approved emergency rules to implement Opportunity Public Charter Schools ahead of the February application deadline, and approved an accountability framework tailored to Opportunity Public Charter Schools after members debated timing and definitions.
The State Board of Education voted Dec. 18 to adopt a package of charter-related actions: a final-reading rule on reporting vacant and underutilized properties for charter authorizers, emergency rules implementing Opportunity Public Charter Schools, and an accountability framework for Opportunity Public Charter Schools.
On final reading the board approved a revision to the charter schools rule that updates annual reporting requirements for authorizers to include a department guidance and reporting template; the rule implements Public Chapter 923 (Public Acts of 2024) and references Tennessee Code Annotated § 49-13-136. The motion passed by roll call, recorded as nine ayes.
The board then considered a set of emergency rules to implement Public Chapter 1066 (Public Acts of 2024), which creates Opportunity Public Charter Schools: public charter schools designed to serve at-risk students (grades 6–12) and that may begin operating in the 2026–27 school year. Ali Reid, director of engagement and accountability at the State Board, told members the emergency rules remove outdated BEP funding language, specify first-year funding for Opportunity Charter Schools, revise enrollment preferences to prioritize at-risk students, outline verification steps for the 75% at-risk enrollment statutory requirement and describe actions should a school fail to meet that threshold across three consecutive years.
Board member Ryan Holt proposed a clarifying amendment by substitution addressing three drafting points: (1) clarify that at-risk status is determined at the time of enrollment, (2) avoid language suggesting students must meet at-risk criteria every year to remain enrolled, and (3) replace an ambiguous reference to a "qualified third party vendor such as an appropriately licensed auditing firm" with the same "independent accounting firm or law firm" language used elsewhere in the draft. Holt said the changes were intended as clarifications, not substantive changes. Several members and Department of Education representatives asked for additional review time; Commissioner Reynolds requested the department and board staff finalize language together for the permanent rule. Holt withdrew his motion for substitution after discussion so the emergency rule could be filed in time for the Feb. 1 charter application deadline; the emergency rule as originally proposed passed on roll call, nine ayes. Board members stated they expect to work with the Department of Education on suggested clarifications before the permanent rule is filed.
Finally, the board approved, on first and final reading, an Opportunity Public Charter School accountability framework proposed by the Department of Education. Assistant Commissioner David Laird summarized the framework: it defers the formal a–f accountability determination for one year, rebalances weights to emphasize growth more than in the standard model, includes continuous-enrollment provisions, and provides alternative measures for growth and ACT performance tailored to the student population these schools will serve. Laird said the department convened an accountability working group in September–October 2024 that included State Board representatives, charter operators and advocacy organizations and that stakeholders broadly participated in developing the proposal.
Board members debated whether to allow more runway — for example, two years of deferred letter grades — to give new operators time to establish programs and to collect sufficient data. Supporters of the one-year deferral said it would produce early data for evaluation and that the department can revisit the framework after the first year; others urged ongoing stakeholder consultation. The board approved the accountability framework by roll call, nine ayes.
What this means: the emergency rules will take effect immediately upon filing with the secretary of state’s office and remain in effect until a permanent rule is adopted; staff said they will return with a permanent rule for final reading at the February quarterly board meeting. The emergency rules implement statutory language in Public Chapter 1066 (Public Acts of 2024) and the 75% at-risk enrollment threshold cited in that law. The board directed staff to work with the Department of Education on clarifications and to involve stakeholders as the permanent rule and performance framework are finalized.
