AG: Charter Authorizer ‘Likely’ Constitutional - Articles

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Posted by: Stacey Shrader Joslin on Jan 10, 2014

A proposal to give the state new power to approve charter school applications after being denied by local school boards “would likely withstand any facial constitutional challenge,” Tennessee Attorney General Robert Cooper wrote in a legal opinion released Thursday. The opinion primarily relies on Cooper’s finding in September that the state’s charter school law is constitutional and the general principle that the legislature has broad powers to amend laws, the Tennessean’s In Session Blog reports. Among his findings, Cooper writes that the bill does not infringe on any fundamental right, does not target any suspect class of people and has a "reasonably conceivable rational basis," making it constitutionally defensible.