Bill Summary – FastDemocracy

ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENTS #1 AND #2.  HOUSE BILL 692, AS AMENDED, WAS HELD ON THE DESK.
     AMENDMENT #1 rewrites the bill to make the changes described below regarding education.
PRIORITY SCHOOLS INTERVENTIONS
     Present law requires schools identified as priority schools to include the bottom 5 percent of schools in performance, all public high schools failing to graduate one-third or more of their students, and schools with chronically low-performing subgroups that have not improved after receiving additional targeted support.  Priority schools must be subject to one of the following interventions as determined by the commissioner of education ("commissioner"):
     (1)  Turnaround through an LEA-led intervention or other school improvement process, subject to approval by the commissioner;
     (2)  School turnaround under the governance of an LEA innovation zone; or
     (3)  Placement in the achievement school district.  However, no school identified as a priority school must be placed in the achievement school district if, after the school is identified as a priority school, but before the commissioner determines that the school should be assigned to the achievement school district, the school demonstrates student achievement growth at a level of "above expectations" or greater, as represented by the Tennessee Value-Added Assessment System.
     This amendment deletes (3) above from the present law.
ACHIEVEMENT SCHOOL DISTRICT
     Present law authorizes the commissioner to directly operate or contract with one or more individuals, governmental entities or nonprofit entities to manage the day-to-day operations of any or all schools placed in the achievement school district (ASD).  However, this amendment prohibits the commissioner from directly operating or entering into, or renewing, a contract with an individual, governmental entity, or nonprofit entity for the individual or entity to manage the day-to-day operations of a school placed in the ASD.
     Present law authorizes the commissioner to assign any school or grade configuration within a school to the ASD at any time such school is designated to be in priority status.  However, schools assigned to the ASD after June 1, 2017, must be limited to priority schools.  Schools placed in the ASD after June 1, 2017, must only serve grades that the school served at the time the commissioner assigned the school to the ASD.  However, the governing body of a charter school may apply to the LEA to expand the grades the school serves.  Prior to the assignment of a school to the ASD, the commissioner must consider geographic clusters of qualifying schools, feeder patterns, and previous LEA-led interventions with multiple eligible schools.  This amendment deletes these provisions and, instead, prohibits the commissioner from assigning a school or grade configuration within a school to the ASD, regardless of a school's designation as priority status.
     Present law requires a school that has been removed from the LEA and placed in the ASD must remain in the ASD until the school is no longer identified as a priority school for two consecutive cycles beginning with the 2017 priority school list.  However, a school must not remain in the ASD for more than a 10-year period.  This amendment deletes these provisions and, instead, requires a school that has been removed from the LEA and placed in the ASD to remain in the ASD until the school is no longer identified as a priority school for two consecutive cycles beginning with the 2017 priority school list, or, if the school is being operated by an individual or entity pursuant to a contract with the commissioner for the management of the school, until the contract expires, whichever occurs first.
     If the LEA is identified as an LEA earning the lowest accountability determination and the parents of at least 60 percent of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then present law authorizes the school to remain in the ASD beyond the initial 10-year period.  This amendment deletes this provision.
     Present law requires the department of education to establish within the school system with the most schools operated by the ASD a four-year pilot program of assessment of kindergarten students.  The pilot program must begin with the 2012-2013 school year.  Students entering kindergarten in such system in schools operated by the ASD must be assessed by an appropriate standardized test or tests.  The test must measure the present educational levels of the students to determine how instruction should be targeted to best meet the learning needs of the students and to eliminate disparities in learning backgrounds, if any.  This amendment deletes these provisions.
     This amendment provides that all of the above changes to present law take effect on the thirtieth day immediately following the date on which the U.S. department of education approves the amendment to this state's Every Students Succeeds Act plan submitted as described below.  The commissioner of education must notify the executive secretary of the Tennessee code commission in writing of the date on which the U.S. department of education approved the amendment to this state's ESSA plan.  If the United States department of education does not approve the amendment to this state's ESSA plan, then the above changes to present law have no effect.
EVERY STUDENT SUCCEEDS ACT
     This amendment requires the department of education to, no later than July 1, 2023, submit a request to the U.S. department of education to amend this state's Every Student Succeeds Act (ESSA) plan for purposes of implementing this amendment.
     This amendment requires the department of education to create and, by July 1, 2024, administer a Tennessee education achievement portal that provides each LEA with access to educational supports and notifies LEAs of educational grant opportunities.  The Tennessee education achievement portal must include (i) professional development resources for educators; (ii) guidance for LEAs providing foundational literacy skills instruction to students; (iii) instructional materials and strategies for LEAs to use for purposes of the learning loss remediation and student acceleration program; (iv) best practices to help educators develop students into proficient readers; (v) notification to LEAs of available state or federal grant opportunities; (vi) enhanced educational supports for a school identified as a priority school to improve the school's performance goals and measures, which may include contracting with independent school turnaround experts that meet the minimum qualifications required by the department; and (vii) resources for LEAs to use to enhance a student's performance on an assessment assessing student readiness for postsecondary education, a Tennessee comprehensive assessment program test, or an end-of-course examination. 
     AMENDMENT #2 requires the department of education to submit the request to the U.S. department of education to amend this state's Every Student Succeeds Act (ESSA) plan for purposes of implementing the bill no later than July 1, 2024, instead of July 1, 2023, and requires the department of education to create and administer the Tennessee education achievement portal by July 1, 2025, instead of July 1, 2024.
     ON APRIL 1, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1266, AS AMENDED.
     AMENDMENT #1 rewrites the bill to, instead, authorize the commissioner of education ("commissioner") to establish a local collective for student success (LCSS) in an LEA that operates a school designated as a priority school, referred to in this amendment as the priority school's home LEA.  The department and the home LEA must jointly administer the LCSS.  The purpose of an LCSS is to ensure priority schools assigned to the LCSS receive the oversight, targeted resources, and monitoring to improve the educational outcomes of the students enrolled in schools in the LCSS.  The commissioner is authorized to assign a school to an LCSS at any time the school is designated to be in priority status.
     This amendment requires schools in an LCSS to be operated by one of the following, as determined by the home LEA and approved by the commissioner: (i) a charter school operator selected and authorized by the home LEA, from a list procured by the department of education; (ii) a public university pursuant to a contract between the home LEA and the public university, as approved by the commissioner; or (iii) an independent school turnaround expert selected and authorized by the home LEA, from a list procured by the department of education.  An independent school turnaround expert, charter school operator, or public university that operates a school in an LCSS must operate the school in accordance with a school turnaround plan approved by the department and the home LEA.  A school turnaround plan must, at a minimum, include the following:
     (1)  Findings of an analysis conducted by the independent school turnaround expert, charter school operator, or public university;
     (2)  Recommendations compliant with state and federal law regarding changes to the school's personnel, culture, curriculum, assessments, instructional practices, governance, leadership, finances, policies, or other areas that the independent school turnaround expert, charter school operator, or public university finds necessary to support improvements in the school's performance;
     (3)  Measurable student achievement goals and objectives;
     (4)  A professional development plan that identifies strategies to address problems of instructional practice;
     (5)  A leadership development plan focused on strategies to turn around the school;
     (6)  How progress will be monitored and assessed;
     (7)  How data on progress will be communicated and reported to the local board of education of the home LEA, parents of students attending the school, and the department of education; and
     (8)  A timeline for implementation.
     This amendment provides that an LCSS is not an independent LEA, but is an organizational unit of the home LEA.  The home LEA must attend to schools in the LCSS in compliance with this amendment, rules promulgated by the department of education, and the Tennessee Public Charter Schools Act of 2002.
GRADE LEVEL EXPANSION
     This amendment authorizes schools placed in an LCSS to only serve the grade levels the school served at the time the commissioner assigned the school to the LCSS.  However, with the approval of the commissioner, a charter school operator that is operating a school in an LCSS may apply to the home LEA to expand the grade levels the school serves.  With the approval of the commissioner, a public university that is operating a school in the LCSS may request that the local board of education of the home LEA approve the public university to expand the grade levels the school serves through an amendment to the contract between the public university and the home LEA.  If the local board of education does not approve the request to expand the grade levels served, then the public university may only serve the grade levels the school served at the time the commissioner assigned the school to the LCSS.
MANAGER, SUPPORT, AND USE OF FACILITIES
     Within 30 days of being notified by the commissioner that an LCSS is established within the LEA, this amendment requires the home LEA to appoint a manager for the LCSS.  The appointment of the LCSS manager must be approved by the commissioner.  The department must determine the duties of the LCSS manager.
     This amendment requires the home LEA to provide school support or student support services for a school assigned to the LCSS through a contract with the charter school operator or public university operating the school.  The charter school operator or public university operating the school must reimburse the actual costs to the home LEA of providing such services.
     This amendment provides that schools in an LCSS retain the right to use any school building and all facilities and property that are part of the school, and that were recognized as part of the facilities or assets of the school prior to the school's placement in the LCSS, and retains access to any additional facilities that were available to the school prior to the school's placement in the LCSS.  Such use must be unrestricted and free of charge, except that the charter school operator or public university operating the school is responsible and obligated to provide for routine maintenance and repair such that the facilities and property are maintained in as good of order as before the school was assigned to the LCSS.  The charter school operator or public university operating a school in the LCSS is responsible for paying all utilities in use at LCSS school facilities.  Extensive repairs to buildings or facilities considered capital expenses are the responsibility of the home LEA and not the charter school operator or public university operating the school.  Any fixtures, improvements, or tangible assets added to a school building or facility by the charter school operator or public university operating a school in the LCSS must remain at the school building or facility if the charter school operator or public university ceases to operate the school.
ACHIEVEMENT SCHOOL DISTRICT TRANSITION PLAN 
     This amendment prohibits a school designated as a priority school on or after July 1, 2024, from being assigned to, or otherwise placed in, the achievement school district (ASD).  The department must develop a plan to transition all priority schools in the ASD on July 1, 2024, to an LCSS in the school's home LEA.  The transition plan must include the assignment of all rights and obligations under the charter school agreement between the ASD and the charter school operator to the home LEA, or must require the execution of a new charter school agreement between the charter school operator and the home LEA.  Transitions must be completed no later than the 2025-2026 school year.
RULE PROMULGATION
     This amendment requires the department of education to promulgate rules to effectuate this amendment.  The rules must, at a minimum, address (i) the role of the department of education and the home LEA in the joint administration of an LCSS, including the role of the LCSS manager; (ii) how the department procures the list of charter school operators or independent school turnaround experts for an LCSS; (iii) the provisions that must be included in a contract between a home LEA and a public university; and (iv) the required strategies and interventions for improving the performance of schools in an LCSS and the additional performance goals and standards for schools in an LCSS.
WAIVER
     This amendment authorizes an independent school turnaround expert, charter school operator, or a public university operating a school in an LCSS to apply to the commissioner for a waiver of any statute or state board rule that inhibits or hinders the ability of the school to improve student achievement.  However,, the commissioner must not waive rules related to (i) federal and state civil rights; (ii) federal, state, and local health and safety; (iii) federal and state public records; (iv) immunizations; (v) possession of weapons on school grounds; (vi) background checks and fingerprinting of personnel; (vii) federal and state special education services; (viii)  student due process; (ix) parental rights; (x) federal and state student assessment and accountability; (xi) open meetings; (xii) with the exception of waivers authorized during a natural disaster or serious outbreaks of illness, at least the same equivalent time of instruction as required for public schools in the existing law relevant to school terms; or (xii) the requirements of this amendment.
LENGTH OF LCSS
     This amendment requires a school that has been placed in an LCSS to remain in the LCSS until the school is no longer identified as a priority school for two consecutive cycles beginning with the 2017 priority school list.
     Once a school is no longer identified as a priority school for two consecutive cycles beginning with the 2017 priority school list, this amendment requires the commissioner to remove the school from the LCSS by written notification to the home LEA.  The charter school operator for a school that exits the LCSS may apply for a new charter school agreement with the home LEA when the term of the original LCSS charter agreement expires.  The charter school operator and home LEA must follow the application and approval process for a new charter agreement.  A public university operating a school that exits the LCSS may request to enter a new contract with the local board of education of the home LEA when the term of the original LCSS contract expires.  The local board of education may approve or deny the request.  A local board of education may continue to contract with an independent school turnaround expert for the operation of the school after the commissioner removes the school from the LCSS.
ACHIEVEMENT SCHOOL DISTRICT
     Present law requires a school that has been removed from the LEA and placed in the ASD to remain in the ASD until the school is no longer identified as a priority school for two consecutive cycles.  However, that a school must not remain in the ASD for more than a ten-year period.  Prior to a school exiting the ASD, the must develop and approve a school transition plan for determining the school's exit from the ASD.  If the LEA is identified as an LEA earning the lowest accountability determination and the parents of at least 60 percent of the students enrolled at the school demonstrate support for remaining in the ASD by signing a petition, then the school may remain in the ASD beyond the initial ten-year period.
     Present law authorizes the commissioner to determine that a school that entered the ASD and is operated as a charter school through authorization by the ASD may exit the ASD prior to the expiration of the charter school's initial ASD charter agreement.  The commissioner's determination must be based on metrics and must specify whether:
     (1)  The ASD-authorized charter school must apply to the LEA for authorization before its initial ASD charter agreement expires; or
     (2)  The ASD-authorized charter school may apply to the Tennessee public charter school commission for a new charter agreement with a term not to exceed the term of the initial ASD charter agreement.  If the commission grants the ASD-authorized charter school a new charter agreement, then the commission may agree to the assignment of all rights and obligations of the ASD.  Upon the expiration of the initial charter agreement with the commission, the charter school may apply to renew the charter agreement with the commission or apply to the LEA for a charter agreement.  If a renewal is approved by the commission, then the LEA must grant the charter school operator the option to enter into a lease agreement to occupy the LEA's school building for at least three years, or to purchase the building from the LEA.  After the lease period expires, if the LEA determines to sell the school building the charter school operator is leasing, the charter school operator must be provided the right of first refusal to purchase the school building.
     Present law requires ASD-authorized charter schools to remain under the authority of the ASD for the duration of their