FILED
Date
Time
Clerk

 

 

 

 

AMEND Senate Bili No. 2672 House Bill No. 2818*

by deleting all language after the caption and substituting instead the foilowing:

WHEREAS, on Tuesday, March 3, 2020, severe weather, including tornadoes and
straight-line winds, ravaged Middle Tennessee, resulting in multiple fatalities and the destruction
of homes, businesses, and schools; and

WHEREAS, two public schools in Wilson County, Stoner Creek Elementary School and
West Wilson Middle School, were damaged beyond repair as a result of the severe weather;
and

WHEREAS, on March 4, 2020, Governor Bill Lee issued Executive Order No. 13,
declaring a state of disaster and state of emergency in Tennessee to provide relief to victims of
the severe weather and tornadoes; and

WHEREAS, on March 12, 2020, Governor Bill Lee issued Executive Order No. 14,
declaring a state of emergency in Tennessee to facilitate the treatment and containment of
an infectious disease that threatens the health and safety of students and staff; and

WHEREAS, on March 16, 2020, Governor Bill Lee urged every school district in
Tennessee to close as soon as practicable and to remain closed through March 31, 2020, to
further mitigate the spread of and

WHEREAS, the heaith and safety risks to Tennesseans from are not yet fully
understood and may necessitate schooi closures beyond March 31, 2020; and

WHEREAS, the General Assembly seeks to ensure that schooi districts, schools,
teachers, and students are held harmless from testing requirements and accountability

measures to provide some relief to Tennesseans during these difficult and uncertain times; now

  

therefore,

I 

08740917

 

 

 

 

 

 

 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 6, Part 60, is amended by
adding the foliowing as a new section:
Tennessee comprehensive assessment program (TCAP) tests, which include,
but are not limited to, TNReady assessments, English learner assessments, alternate
TCAP assessments, and end?of?course examinations, shall not be required in the spring
of the 2019-2020 school year. This section does not prohibit an LEA or school from
voiuntarily administering TCAP tests to students in the 2019?2020 school year.
2. Tennessee Code Annotated, Section is amended by
adding the following as new subdivisions:
(F) Notwithstanding subdivisions and for the 20194020, 2020?
2021, and 20214022 school years, student growth evaiuation composites generated by
assessments administered in the 2019?2020 school year shall be excluded from the
student growth measure of a teacher?s evaluation, as specified in subdivision
unless including the composites results in a higher evaluation score for the
teacher. .
(G) Notwithstanding subdivision teachers in nonmtested grades and 
subjects shall not be evaiuated using an alternative growth modei for the 2019?2020
school year, unless the use results in a higher evaluation score for the teacher.
3. Tennessee Code Annotated, Section 49?6405, is amended by adding the
following as a new subsection: 
Notwithstanding subsection or pro?kindergarten
and kindergarten teachers empioyed in an LEA that receives pre?kindergarten program
approval under 49-65?103 49?6410 shalt not be evaluated using the pre-
k/kindergarten growth portfolio model approved by the state board of education, or a
comparable alternative measure of student growth approved by the state board of
education and adopted by the LEA, for the 2019?2020 school year, unless the use I 

resuits in a higher evaluation score for the teacher.

2 - *017227*

SECTION 4. Tennessee Code Annotated, Section 49?1?617, is amended by adding the
following as a new subsection:

Notwithstanding subsection scores on Tennessee comprehensive
assessment program (TCAP) tests, which include, but are not limited to, TNReady -
assessments, English learner assessments, alternate TCAP assessments, and end?of?
course examinations, administered in the 2019?2020 school year shall not comprise a
percentage of a student?s final grade for the spring semester in the subject areas of
mathematics, English language arts, science, and social studies, unless including TCAP
test scores resuits in a higher final grade for the student.

SECTION 5. Tennessee Code Annotated, Section 494?228, is amended by adding the
following as a new subsection:

Notwithstanding subsections student performance and student growth
data from the Tennessee comprehensive assessment program (TCAP) tests, which
include, but are not limited to, TNReady assessments, English learner assessments,
alternate TCAP assessments, and end-of?course examinations, administered in the
2019-2020 school year shall not be used to assign a letter grade to a school, unless the
use results in a higher letter grade for the school. . 

SECTION 6. Tennessee Code Annotated, Section is amended by adding 

the foltowing as a new subdivision:
(5) Notwithstanding any provision of this part to the contrary, student

performance and student growth data from Tennessee comprehensive assessment 
program (TCAP) tests, which include, but are not limited to, TNReady assessments,
English learner assessments, alternate TCAP assessments, and end?of?course
examinations, administered in the 2019?2020 school year shall not be used to identify a
school as a priority schooi or to assign a school to the achievement school district.

SECTION 7. Tennessee Code Annotated, Section 49-6-408, is amended by adding the

following as a new subsection:

3 *017227*

(9) Notwithstanding subsection for the 2019-2020 school year, a student is
not required to take and pass the civics test required in this section to meet the social
studies course credit requirements to earn a full dipioma upon graduation from high
schooL
8. Tennessee Code Annotated, Section is amended by
designating the existing language as subdivision (A) and adding the following as a new
subdivision (8):
(B) Notwithstanding subdivisions and the commissioner of
education shail waive the requirement under subdivision of one hundred eighty
80) days of ciassroom instruction for the 2019-2020 schooi year. This subdivision
does not prohibit a school from continuing classroom instruction after being
issued a waiver from the commissioner pursuant to this subdivision 
9. Tennessee Code Annotated, Section is amended by
designating the existing language as subdivision (1) and adding the following as a new
subdivision (2):
(2) Notwithstanding subdivision the suspension of the operation of
schools in an LEA during the 2019-2020 school year shalt not operate to deprive the 
LEA of state funds to which the LEA would be entitled if the LEA otherwise meets the
requirements of law. This subdivision does not require an LEA to petition the state
board of education for a determination of an epidemic, natural disaster, or for other
justifiable cause before an LEA may receive state funds under this part. For purposes of 
this subdivision justifiable cause exists for the 2019-2020 school year.
SECTION 10. Tennessee Code Annotated, Section 49?6?6001, is amended by adding
the toilowing as a new subsection:
(I) Notwithstanding subsection for the 2019~2020 school year, pubiic schooi

students are not required to take an examination at grade eieven (ii) to assess student

readiness for postsecondary education.

- 4 - *017227*

SECTION 11. Tennessee Code Annotated, Section 49?6?6012, is amended by deieting
the section and substituting instead the foiiowing:
Notwithstanding any iaw to the contrary, no adverse action may be taken
against any student, teacher, school, or LEA based, in whole or in part, on student
achievement, student performance, or student growth data generated from:
(1) The 2017?201 8 TNReady assessments; or
(2) The Tennessee comprehensive assessment program (TCAP) tests,
which inciude, but are not limited to, TNReady assessments, English learner
assessments, alternate TCAP assessments, and end?of-course examinations,
administered in the 2019?2020 school year.
As used in this section, "adverse action" inciudes, but is not iimited to,
employment termination decisions, adverse compensation decisions, the identification of
a school as a priority school, the assignment of a school to the achievement school
district, or an action taken in violation of 49-1-228(f) or 
SECTION 12. Tennessee Code Annotated, Title 49, Chapter 6, Part 3, is amended by
adding the following as a new section: .
Notwithstanding upon application more of the schoots, and upon the approval of the state board of education, the
commissioner of education shall waive a state board rute or statute that inhibits or
hinders the to meet the goats or compiy with the LEA's mission due
solely to the outbreak of during the spring semester of the 2019-2020 school 
year.
The commissioner shail not waive Section 1 of this act, 
(G), 49?6?
3004(a)(6)(B), 49?6?6001 (I), 49-6-6012, or any of the emergency

rules promulgated by the state board of education to effectuate this act.

(0)

5 *017227*

(1) The commissioner shaii submit a report to the education committees
of the senate and the house of representatives no later than February 28, 2021,
on the implementation and use of this section.

(2) The report required under subdivision must identify the
substance of each waiver request submitted to the commissioner; whether the
request for a waiver was approved by the state board of education; and
the effect of the waiver on the receiving LEA.

(3) The chairs of the education committees of the senate and the house
of representatives may request interim reports from the commissioner on the
implementation and use of this section before February 28, 2021.

This section is repealed on March 1, 2021.

SECTION 13.

The department of education shall seek a waiver from the United
States Department of Education, or seek to amend Tennessee's Every Student
Succeeds Act (ESSA) Plan, as necessary and appropriate to implement this act.

The state board of education shall revise the high schooi graduation
requirements for the 2019?2020 school year to ensure that high school seniors who were
affected by schooi closures during the spring of the 2019-2020 school year do not fail to
receive a high school diploma for which the student was on?track and otherwise eiigible
to receive on or before the effective date of this act.

The state board of education shall consult with the department of education,
Tennessee higher education commission, and public institutions of higher education to
develop guidance, resources, and opportunities for high schooi students who were
enrolled in duai credit or dual enrollment courses during the spring of the 2019?2020
schooi year, and who were adversely affected by school ciosures due to 

Notwithstanding Tennessee Code Annotated, Section 

6 - *017227*

(1) The state board of education may promulgate emergency rules as
necessary to effectuate this act. The rules must be promulgated according to the
Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(2) The Tennessee student assistance corporation and public institutions
of higher education may promulgate emergency rules to protect the financial aid
and credit opportunities for high school students who were enroiled in duai credit
or dual enroilment courses during the spring of the 2019?2020 schooi year, and i 
who were adversely affected by school ciosures due to 

SECTION 14. This act shail take effect upon becoming a law, the pubiic welfare

requiring it.

7 *017227*