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TN bill moves forward that would give charter schools first dibs on unused public school buildings

The bill's sponsors said it would help charter schools find facilities. Other lawmakers said it's a misuse of taxpayer money.

NASHVILLE, Tenn. — A bill, HB 1191, that would give charter schools first dibs on vacant or under-utilized public school buildings is moving forward in the Tennessee Senate.

Rep. Gloria Johnson (D-Knoxville) said she has a problem with how the bill was written. She said the bill is not transparent.

"It talks about changing the font size from 16 to 20. This bill is nothing to do with changing the font size," Johnson said. 

The originial version of the bill would have made the font bigger on some education-related documents. An amendment entirely deletes that lanugage, instead making the bill about charter schools and real estate.

It could allow charter schools to buy unused real estate from public school districts. The bill would require school districts to publish property information on their websites by May 1, 2025. The information would need to include square footage of buildings, the portion of square footage used for classroom instruction, buildings' enrollment capacity and how buildings are being used.

Districts with charter schools in them would also need to make lists of "underutilized" or vacant property and make those lists available to charter schools. Charter schools would also be allowed to petition for an audit of all underutilized property or vacant property.

It would give charter schools the right of first refusal to buy vacant property "at or below fair market value" or lease underutilized and vacant property. If a charter school closes, the property would be return to the vacant or underutilized property.

The bill's sponsors say charter schools struggle with finding facilities. However, Rep. Johnson said the bill is a sneaky way to give charter schools property belonging to public schools, paid for by taxpayers.

Sen. Raumesh Akbari (D-Memphis) asked several questions about the bill.

"I think in some of these situations, we would have an individual or a charter operator be able to get a building, you know, really for nothing because the money that they've spent on the lease will be applied,"  Akbari said. "These are taxpayer buildings that have already been paid for. And to that point, that's why we have a duty to to be as fiscally responsible as possible."

Sen. John Stevens (R- Huntingdon), who introduced the bill, said the amendment explicitly defines an underused building. He also said the bill explains charter schools are responsible for paying for their own renovations.

A House committee is set to hear it on Feb. 26. The House version was introduced by Rep. Ryan Williams (R - Cookeville).

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