KIPP Nashville wins appeal, can open 2 new schools

KIPP Nashville won its appeal Friday against Metro Nashville Public Schools and will be allowed to open two new schools in Nashville.

Following its staff's recommendation, the Tennessee State Board of Education voted unanimously to approve both charter school appeals. KIPP was the only decision that was recommended to be overturned by the state board's staff, and the schools are the first to be approved by the state board since a 2014 law allowing the appeal process came into effect.

Both the International Academy of Excellence and Rocketship Education appeals were recommended to be denied.

International Academy of Excellence saw its appeal unanimously denied, while Rocketship Education's appeal to open a new school was also denied, but with an 8-1 vote. State board member Wendy Tucker was the dissenter.

By overturning Metro Schools' decision, the state board followed the recommendation from its staff that the Metro board made a decision that was "contrary to the best interests of the students, the school district, or the community."

The district will now have to figure out if it will charter the school or if the state board will become the authorizer. Either way, KIPP will be able to operate two new Nashville schools.

"There will be a reconciliation period with a 30-day window," said Sara Heyburn, state board executive director. "Our legal team will work with the district and school."

The law, however, could be challenged, if not by the school board, by parents and community groups, said board member Will Pinkston. Lawyers have offered varied opinions on whether the law can withstand a legal challenge.

"Regardless of how this settles, I believe there will be litigation," he said. "If the board is not willing, I know a group of parents and educators interested in a lawsuit."

The law allows the state board to authorize the creation of a school if a charter application is denied by a district. The law applies only to districts with priority schools and is tied to Metro's decision to reject the Great Hearts Academies application in 2012.

KIPP was recommended to be approved by the state board after a review of its application and public hearing.

Heyburn said in her recommendation the charter operator provided compelling arguments for opening two schools in South Nashville, including showing strong academic achievement, and that there is a demand for the school.

The recommendation also said the review didn't find that opening two KIPP schools would create a "substantial negative fiscal impact" on the Metro Schools budget, a major argument by Metro Schools officials during the public hearings.

Tucker, who came under scrutiny earlier this week due to her involvement with Project Renaissance by Pinkston, said during the meeting she checked with the state board's attorney and was cleared to vote.

Project Renaissance officials describe the nonprofit as an entity committed to getting more children into better Nashville public schools. The goal is to use a variety of initiatives to accomplish that goal, but opponents, and Pinkston, have noted they are interested in increasing the number of charters in Nashville.

"I'd like to put on the record (Project Renaissance) is focused on increasing quality schools for kids in Nashville, no matter the operational structure," Tucker said. "We support high-performing charters and district schools."

She also apologized to families of KIPP Nashville for the "vitriol" displayed by the Nashville board before her KIPP vote.

"There are plenty in Middle Tennessee that support your decisions and support the choices you have made for your children," she said.

Multiple groups have weighed in on the process, with Tennesseans Reclaiming Educational Excellence asking the state board to leave the determination of approving or denying charter schools in the hands of local districts. StudentsFirst Tennessee, however, called the vote historic in expanding quality schools in Nashville.

After the meeting, Rocketship Education Regional Director Shaka Mitchell said the charter operator will build on the successes it saw in its school last year and again ask to expand next year.

"Our kids are on a great trajectory," he said.

Reach Jason Gonzales at 615-259-8047 and on Twitter @ByJasonGonzales.