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State Board outlines rules for Opportunity Public Charter Schools, keeps 75% 'at‑risk' threshold
Summary
The State Board of Education presented rules implementing Opportunity Public Charter Schools that require at least 75% of enrolled students to meet statutory 'at‑risk' criteria and set enrollment priorities; lawmakers raised questions about funding flow, boarding charters, and references to the Achievement School District.
The State Board of Education presented a package of rules on July 23 to implement Opportunity Public Charter Schools (OPCS), a new category created by Public Chapter 1066 (2024). Nathan James, speaking for the board, said the rules define OPCS eligibility (grades 6–12), require a minimum 75% of students be classified as "at risk" under statute, and establish the order of enrollment preference.
"We defined what an opportunity public charter school is and the requirements regarding residential models," James said, outlining the enrollment priority list the rules set: 1) students at risk; 2) economically disadvantaged students; 3) students from articulation arrangements; 4) siblings of enrolled students; 5) residents of the LEA; and 6) students outside the LEA if the authorizer permits.
Rachel Soupey, general counsel for the board, said the rules remove duplicative language and codify verification and funding‑allocation processes tied to Tennessee’s student funding formula (TISA). Robin Yeh from the Department of Education said interim and adjusted allocations are calculated by the Office of Local Finance and provided to authorizers so payments can be adjusted during the school year.
Representative Clemens and others pressed officials about practical concerns: whether residential (boarding) OPCS would receive additional funding beyond TISA, how quickly funds follow a student who transfers midyear, and lingering references to the Achievement School District (ASD) in rules that implement statutes still in effect through the 2026‑27 school year. Board counsel said no current OPCS exists in Tennessee, that existing ASD references remain only as required by statute, and that districts and authorizers must use the established interim/adjusted allocation process to transfer funding with student moves.
Committee members ultimately voted to move the rules forward with a positive recommendation in committee action; a roll call in the Senate showed multiple ayes and at least one no, and the House recorded a voice vote in favor. Board staff said further rulemaking is likely as statutes and implementation needs evolve.
