The Chattanooga Charter School of Excellence wants to purchase the former Franklin Middle School in Alton Park.
Bud Helton bought the school from the county schools.
The charter school said there is currently a restriction preventing it from again being used as a school.
School officials said that restriction was put in at a time when charter schools were seen as competition to the schools. Now they are considered part of the local education agency that authorized them.
Officials said, "There remains little sense" for keeping the restriction.
The School Board is being asked to void it so the sale can go through.