Amendments	Fiscal Memos
SA0656	Amendment 1-0 to SB2672

	Amendments	Fiscal Memos
HA0676	Amendment 1-1 to HB2818
HA0677	Amendment 2-2 to HB2818
HA0688	Amendment 3- to HB2818

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

ON MARCH 19, 2020, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 2818, AS AMENDED.

AMENDMENT #1 rewrites this bill and provides the following in regard to education:

(1) Tennessee comprehensive assessment program (TCAP) tests, including, TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, are not required in the spring of the 2019-2020 school year. This provision does not prohibit an LEA or school from voluntarily administering TCAP tests to students in the 2019-2020 school year;
(2) For the 2019-2020, 2020-2021, and 2021-2022 school years, student growth evaluation composites generated by assessments administered in the 2019-2020 school year will be excluded from the student growth measure of a teacher's evaluation, unless including the composites results in a higher evaluation score for the teacher. Teachers in non-tested grades and subjects will not be evaluated using an alternative growth model for the 2019-2020 school year, unless the use results in a higher evaluation score for the teacher;
(3) Pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under the Voluntary Pre-K for Tennessee Act will 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 results in a higher evaluation score for the teacher;
(4) Scores on TCAP tests, including TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year will 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 results in a higher final grade for the student;
(5) Student performance and student growth data from the TCAP tests, including TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year will not be used to assign a letter grade to a school, unless the use results in a higher letter grade for the school;
(6) Student performance and student growth data from TCAP tests, including TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year will not be used to identify a school as a priority school or to assign a school to the achievement school district;
(7) For the 2019-2020 school year, a student is not required to take and pass the civics test required by present law in order to meet the social studies course credit requirements to earn a full diploma upon graduation from high school;
(8) The commissioner of education must waive the present law requirement of 180 days of classroom instruction for the 2019-2020 school year. This provision does not prohibit a school from continuing classroom instruction after being issued a waiver from the commissioner;
(9) The suspension of the operation of schools in an LEA during the 2019-2020 school year will 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. Generally under present law, whenever the operation of schools in any LEA is suspended by reason of epidemic, natural disaster or other justifiable cause, if so determined by the state board upon the written petition of the board, the suspension does not operate to deprive the LEA of state funds to which it would be entitled, if the LEA otherwise meets the requirements of law. This amendment specifies that the suspension of the operation of schools in 2019-2020 does not require such a petition for a determination of an epidemic, natural disaster, or for other justifiable cause before an LEA may receive state funds under the BEP. This amendment declares that justifiable cause exists for the 2019-2020 school year;
(10) For the 2019-2020 school year, public school students are not required to take an examination at grade 11 to assess student readiness for postsecondary education;
(11) No adverse action may be taken against a student, teacher, school, or LEA based, in whole or in part, on student achievement, student performance, or student growth data generated from the TCAP tests, including TNReady assessments, English learner assessments, alternate TCAP assessments, and end-of-course examinations, administered in the 2019-2020 school year. "Adverse action" includes, but is not limited 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 items (4) or (5) above;
(12) Upon application by an LEA for one or more of the LEA's schools, and upon the approval of the state board of education, the commissioner of education must waive a state board rule or statute that inhibits or hinders the LEA's ability to meet the LEA's goals or comply with the LEA's mission due solely to the outbreak of COVID-19 during the spring semester of the 2019-2020 school year. However, the commissioner is prohibited from waiving the provisions of this amendment described above in items (1)-(11) or any of the emergency rules promulgated by the state board of education to effectuate this bill as amended. This amendment requires the commission to 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 the waiver provisions described in this item (12). The report must identify the substance of each waiver request submitted to the commissioner; whether the LEA's request for a waiver was approved by the state board of education; and the effect of the waiver on the receiving LEA. 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 these waiver provisions before February 28, 2021. The waiver provisions described in this item (12) will be repealed on March 1, 2021; and
(13) The department of education must promptly 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 bill amended. The state board of education must promptly revise the high school graduation requirements for the 2019-2020 school year to ensure that high school seniors who were affected by school 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 eligible to receive on or before the effective date of this bill as amended. This amendment requires the state board to consult with the department of education, Tennessee higher education commission, and public institutions of higher education to develop guidance, resources, and opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19. This amendment authorizes the state board of education to promulgate emergency rules as necessary to effectuate this bill as amended. This amendment also authorizes the Tennessee student assistance corporation and public institutions of higher education to promulgate emergency rules to protect the financial aid and credit opportunities for high school students who were enrolled in dual credit or dual enrollment courses during the spring of the 2019-2020 school year, and who were adversely affected by school closures due to COVID-19.

AMENDMENT #2 revises the provision described above in item (2) that states that "teachers in non-tested grades and subjects will not be evaluated using an alternative growth model for the 2019-2020 school year, unless the use results in a higher evaluation score for the teacher." This amendment instead provides that "the state shall not require teachers in non-tested grades and subjects to be evaluated using an alternative growth model for the 2019-2020 school year. This provision does not prohibit an LEA from evaluating teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 school year. If an LEA chooses to evaluate its teachers in non-tested grades and subjects using an alternative growth model for the 2019-2020 school year, then a teacher's evaluation score using the alternative growth model will only be used to evaluate the teacher if such use results in a higher evaluation score for the teacher."

This amendment also revises the provisions described above in item (3) that state that "pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under the Voluntary Pre-K for Tennessee Act will 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 results in a higher evaluation score for the teacher." This amendment instead provides that "the state shall not require pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under the Act to 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. This provision does not prohibit an LEA from evaluating pre-kindergarten and kindergarten teachers 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. If an LEA chooses to evaluate its pre-kindergarten and kindergarten teachers, for the 2019-2020 school year, 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, then a teacher's evaluation score 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, will only be used to evaluate the teacher if such use results in a higher evaluation score for the teacher."

This amendment also revises the provision described above in item (13) that "authorizes the state board of education to promulgate emergency rules as necessary to effectuate this bill as amended" to instead provide that "the state board may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-10 during the 2019-2020 school year."