The Alabama Public Charter School Commission made history Tuesday by overturning the Birmingham board of education's denial of a charter school operator's application.

The Commission's action marked the first time a local charter authorizer's denial was overturned.

STAR Academy's application was denied by the Birmingham board in January. They appealed to the Commission in early March.

Birmingham City Schools' Cedric Tatum represented the Birmingham board on the Commission and was the lone no vote against overturning the denial.

Tatum questioned whether the Commission had the authority to overturn the denial because the Birmingham board, as the local authorizer, denied STAR Academy's application according to guidelines based on the law.

This was the first time the Commission ruled on appeals.

Before the vote, Commission Chair Dr. Ed Richardson read a memo from state superintendent Michael Sentance confirming the Commission's authority to consider STAR Academy's appeal.

In the memo, Sentance also said it is the state department's responsibility to oversee local charter authorizers to ensure best practices are being followed.

Thomas Rains, who serves as co-vice chair of the Commission, in supporting STAR Academy's appeal, said children in Birmingham City Schools need options, citing proficiency results from annual testing.

The vast majority of Birmingham City's schools had proficiency results below the mean math and English language arts statewide, with the majority of those schools showing proficiency levels 30 percent below the mean.

Thirteen of Birmingham's 42 schools were labeled "failing" in January based on the provisions in the Alabama Accountability Act.

STAR Academy will be located in the East Lake community of Birmingham and plans to open with 248 students in preK, kindergarten and first grade, in the 2018-2019 school year.

Jonta Morris will serve as principal of STAR Academy and said she "cried tears of joy" when she heard the Commission's decision. "We are really excited to deliver on the promise to provide opportunities for children in the community."

Morris said the community's support has been key along the way. "Our collective village has really created this moment."

In a statement to AL.com, Birmingham school board member and mayoral candidate Randall Woodfin said the actions of the Commission were an overreach. "This abuse occurred last year with the minimum wage increase, and again today when the Alabama Public Charter School Commission overturned the Birmingham board of education's denial of STAR Academy's application," Woodfin said.

The Commission upheld the Birmingham board's denial of a second charter applicant, iBestow, in a unanimous vote.

As part of the appeals process, the Commission held a public hearing on the applications in Birmingham on April 24.

In a third action, the Commission passed a resolution confirming a Huntsville charter operator must seek permission from the federal court to operate because the city's school system is operating under the remains of a desegregation order.

Alabama's charter school law was enacted in 2015. A bill currently under consideration in the House is meant to clarify any provisions that are unclear, according to the bill's sponsor, Rep. Terri Collins, R-Decatur.

Alabama's first public charter school, the ACCEL Day and Evening Academy, will open in Mobile in August.

Charter schools are public schools and are not allowed to set eligibility requirements for enrollment. If more students enroll than there is space in the school, a drawing is held to award a seat in the school.

This article was updated at 5:30 p.m. to include comment from Jonta Morris and add details from the meeting. Updated at 7:20 p.m. to include comment from Birmingham board member Randall Woodfin.