Use of Capital Outlay Funds — Contracting for Goods and Services — Underutilized and Vacant Properties

  1. Law
  2. Tennessee Code
  3. Education
  4. Tennessee Public Charter Schools Act of 2002
  5. Use of Capital Outlay Funds — Contracting for Goods and Services — Underutilized and Vacant Properties

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  1. Charter schools may use capital outlay funds for the following purposes:
    1. Purchase, lease-purchase, or lease of real property;
    2. Purchase, lease-purchase, or lease of school facilities;
    3. Construction or renovation of school facilities, including renovation, rehabilitation, or alteration of existing facilities to comply with applicable codes and health and safety standards necessary to use the property or facility, or to make the property or facility useful;
    4. Purchase, lease-purchase, or lease of any tangible or intangible property, including furniture, computers for a computer lab, science lab equipment, or other equipment if such purchase is necessary to use the property or facility, or to make the property or facility useful; and
    5. Pay debt service on any transaction authorized under this subsection (a).
  2. A public charter school may contract with the LEA or any third party for the provision of goods and services necessary to use the property or facility or to make the property or facility useful.
    1. No later than October 1, in any LEA in which one (1) or more charter schools operates, the LEA shall catalog each year all underutilized or vacant properties owned or operated by the LEA and all underutilized or vacant properties within any educational facility owned or operated by the LEA. The LEA shall submit a comprehensive listing of all such properties to the department of education and the comptroller  of the treasury. The department shall make an LEA's list available to any charter school operating in the LEA or to any sponsor seeking to establish a public charter school in the LEA.
    2. An LEA having underutilized or vacant properties shall make the underutilized or vacant properties available for use by charter schools operating in the LEA. Any lease agreement executed between a charter school and an LEA shall not reflect any outstanding bonded debt on the underutilized or vacant property, except as agreed upon to reflect any necessary costs associated with the occupation or remodeling of the facility.
  4. On or before October 11, 2011, the department shall adopt uniform guidelines to be used to determine what constitutes the irregular or intermittent use of property by an LEA. In any LEA in which one (1) or more charter schools operates, the LEA shall use such guidelines to catalog all underutilized or vacant properties owned or operated by the LEA.
  5. Nothing in this section is intended to frustrate an LEA's ability to plan for the use of underutilized or vacant properties owned or operated by the LEA. In any LEA in which one (1) or more charter schools operates, the LEA shall submit each year its plans for the use of underutilized or vacant properties owned or operated by the LEA in its annual report to the department of education and the comptroller of the treasury.
  6. At least sixty (60) days prior to the opening of the public charter school, the charter sponsor shall submit the physical address of the public charter school to the authorizer and the department of education. If a public charter school has not secured a physical location for its school at least sixty (60) days prior to opening, then the public charter school must seek a delay in opening pursuant to § 49-13-110(b).


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