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2009 Tennessee Legislature

Education Bills Watch List – Signed into law

(last updated:  7 July 2009)

The 106th General Assembly convened at noon on January 13, 2009 in the House Chamber.

 

*HB 0202 by *Dunn, Coley, Rich. (SB 0680 by *Woodson, Burks.)

Education - As enacted, authorizes courts to notify the school of a child who is adjudicated delinquent based on an offense for which school notification is not mandatory under law. - Amends TCA Title 37, Chapter 1 and Title 49, Chapter 6.

AMENDMENT #1 rewrites this bill to authorize courts to notify the school of a child who is adjudicated delinquent based on an offense for which school notification is not mandatory under present law.

HB0202 became Pub. Ch. 160

05/21/2009

*HB 0230 by *Todd. (SB 0217 by *Stanley.)

Education - As introduced, allows local boards of education to delegate authority regarding assignment of individual students for decision-making on such matters. - Amends TCA Title 49.

This bill authorizes local boards of education to delegate responsibility for making the final decision regarding assignment of students.

 AMENDMENT #4 limits authorization for local boards of education to delegate responsibility for making the final decision regarding assignment of students to Shelby County and requires that if a local board of education delegates its power to determine the assignment of students, such delegation must be made to a three member committee consisting of at least one current board member with all remaining members as board employees.

HB0230 became Pub. Ch. 331

06/05/2009

*HB 0324 by *Jones S, Coley. (SB 0417 by *Marrero B, Stewart, Harper, Ketron, Barnes, Jackson, Burks.)

Education - As introduced, restates provisions governing reporting of suspected child abuse by personnel of educational institutions and release of related records. - Amends TCA Title 10; Title 37 and Title 49.

AMENDMENT #1 requires LEAs to publish the abuse reporting requirements in the LEA's policies and procedures manual.

AMENDMENT #3 clarifies that notice of a child abuse report or child sexual abuse report would not be "given" instead of "sent" to any parent or legal guardian if there is reasonable cause to believe that the parent or legal guardian may be the perpetrator or in any way responsible for the child abuse or child sexual abuse.

AMENDMENT #1 incorporates all of the changes made by House Amendments #1 and #3.

HB0324  became Pub. Ch. 283

05/29/2009

*HB 0374 by *Coley. (SB 1742 by *Marrero B.)

Education - As introduced, requires written referrals for student's behavior to be returned to faculty or staff member issuing the referral and the referral to be retained as a permanent record. - Amends TCA Title 49, Chapter 6.

AMENDMENT #1 removes the requirement that the referral be kept as a permanent record. Under this amendment, the referral would be kept in a student discipline file and would not become a part of the student's permanent record. If a school district or school has adopted an electronic system of making disciplinary referrals instead of using written referrals, then the member of the faculty or staff making the referral must be notified of the action taken, but the notification may be made either electronically or in writing.

HB0374  became Pub. Ch. 315

06/02/2009

*HB 0431 by *Bell, Weaver, Evans, Carr, Dean, Floyd, Williams, Brooks K, Watson, Lollar, Faulkner, Hill, Campfield, Hensley, Lynn, Dunn, Rich, Casada, Haynes, Swafford, Cobb J, Todd, Eldridge, Niceley, Dennis, Johnson P, McManus, McCormick. (SB 0433 by *Bunch, Gresham, Johnson, Beavers, Ketron, Woodson, Yager, Black, Faulk, Tracy, Burks.)

Schools, Home - As introduced, requires that diplomas issued by home schools be recognized by all state and local governmental entities as having the same rights and privileges of diplomas issued by public school systems. - Amends TCA Title 1, Chapter 3.

AMENDMENT #1 clarifies that a high school diploma awarded by a home school or church school would be in recognition of completion of secondary educational requirements.

HB0431 became Pub. Ch. 329

06/05/2009

 

HB 0451 by *Dunn , Evans ( *SB 0283 by *Black)

Local Education Agency - As enacted, requires, rather than encourages, school districts to include certain criteria in policies prohibiting harassment, intimidation, or bullying. - Amends TCA Section 49-6-1016.

HB0451  became Pub. Ch. 153

05/21/2009

 

*HB 0556 by *Kelsey, Cooper B. (SB 0482 by *Bunch, Ford, O..)

Education - As introduced, encourages LEAs to develop Education Pays pilot programs for at-risk students to encourage student academic achievement through monetary or other rewards. - Amends TCA Title 49, Chapter 1, Part 2.

HB0556 became Pub. Ch. 326

06/05/2009

 *

HB 0694 by *Brooks K , Winningham, Cooper B, Hardaway, Kelsey, Coley, Moore, Johnson P ( *SB 0293 by *Berke)

Education - As enacted, requires the department of education to develop standards for parental involvement in public schools and to report on parental involvement in each school and school district on the report card for Tennessee schools beginning with the 2010-2011 school year. - Amends TCA Title 49.

HB0694 became Pub. Ch. 154

05/21/2009

*HB 0715 by *McCormick, Hawk, Haynes, Armstrong, Tindell, Maddox. (SB 0681 by *Woodson.)

Education - As introduced, requires an LEA revising its policy prohibiting harassment, intimidation, or bullying, which was filed with the commissioner of education, to transmit the revised policy to the commissioner. - Amends TCA Title 49.

AMENDMENT #1 rewrites this bill. This bill renames or corrects the names of certain community colleges, as follows:
(1) Changes "Chattanooga State Technical Community College" to "Chattanooga State Community College";
(2) Changes "the Community College in Southwest Tennessee" to "Southwest Tennessee Community College";
(3) Changes "Pellissippi State Technical Community College" to "Pellissippi State Community College";
(4) Changes "Northeast State Technical Community College" to "Northeast State Community College"; and
(5) Changes "Nashville State Technical Community College" to "Nashville State Community College".

This amendment replaces a reference to the "State Technical Institute at
Knoxville" with a reference to "Pellissippi State Community College" in the list of schools in the state university and community college system.

HB0715 became Pub. Ch. 352

06/17/2009

*HB 0896 by *Winningham, Haynes. (SB 0899 by *Burks, Burchett.)

Education - As introduced, qualifies falsification of medical information submitted to sick leave bank trustees as reason to lose right to obtain benefits of sick leave bank. - Amends TCA Title 49.

AMENDMENT #1 rewrites this bill. Present law requires each public school system to maintain a term of not less than 200 days, divided as follows:
(1) 180 days for classroom instruction;
(2) 10 days for vacation with pay for a 200-day term, 11 days for vacation with pay for a 220-day term, and 12 days for vacation with pay for a 240-day term;
(3) Five days for in-service education;
(4) One day for teacher-parent conferences; and
(5) Four other days as designated by the local board of education upon the recommendation of the director of schools.

This amendment adds that in the event of a natural disaster or serious outbreaks of illness affecting or endangering students or staff during a school year, the commissioner of education may waive for such school year the requirement on (1) for 180 days of classroom instruction, if the request is submitted to the commissioner by the director of schools. The waiver request could be for the entire LEA or individual schools within the LEA.

HB0896 became Pub. Ch. 272

05/29/2009

*HB 1104 by *DeBerry J, Cooper B, Pruitt, Hardaway. (SB 1771 by *Herron, Burks.)

Education - As introduced, provides that students who miss school to attend required court proceedings shall not be penalized for grading or attendance purposes. - Amends TCA Section 49-6-3002.

AMENDMENT #1 provides that students' absences from school to attend required court proceedings will be deemed excused absences and the students will be provided an opportunity to complete all assignments missed for that purpose.

AMENDMENT #2 clarifies that the provisions of this bill would not apply if a student's absence is:
(1) The result of a commission of a delinquent act and notice of intent to transfer the student from juvenile court to criminal court has been provided; or
(2) For detention purposes in a secure facility under present law regarding detention of children alleged to have committed a delinquent offense.

HB1104 became Pub. Ch. 490

07/01/2009

*HB 1487 by *Brooks H, Favors, Brown. (*SB 1703 by *Overbey, Stewart, Berke, Watson.)

Teachers, Principals and School Personnel - As introduced, directs department of education to develop alternative teacher licensing program for United States Air Force instructors who have taught for the community college of the USAF and who wish to teach in public schools. - Amends TCA Title 49.

AMENDMENT #1 requires the department of education to develop an alternative teacher licensing program for "instructors of any military branch who have taught for a community college of any military branch" instead of for "United States Air Force instructors who have taught for the community college of the USAF."

HB1487 became Pub. Ch. 221

05/29/2009

*HB 1531 by *Harwell. (SB 2002 by *Haynes.)

Teachers, Principals and School Personnel - As introduced, provides that employee bonuses and performance compensation are not conditions of employment that the board of education and professional employees' organization have to negotiate in good faith. - Amends TCA Title 49, Chapter 5, Part 6.

AMENDMENT #1 rewrites this bill to require the select oversight committee on education to conduct a hearing on the status of differentiated pay programs in Tennessee, including bonuses or other compensation tied to performance standards. The hearing must include testimony to update members on the following on-going differentiated pay programs or pilot projects:
(1) The Benwood Initiative in Hamilton County;
(2) The Teacher Advancement Program (TAP) in Knox County;
(3) The Vanderbilt Pay-for?Performance Study in Davidson County; and
(4) The Tennessee Comprehensive School Performance Pay Study in Memphis.

This amendment requires the state board of education to update members of committee on national research on the differentiated pay issue and review programs that are being studied in other states.

The select oversight committee on education will be required to report its findings to the chairs of the education committees of the senate and the house of representatives by
January 15, 2010.

HB1531 became Pub. Ch. 367

06/17/2009

 

*HB 1552 by *Harwell, Campfield, Bell, Brooks K, Shipley, Maggart, Lundberg, Matheny, Eldridge, Montgomery, Lynn, Hawk, Swafford, Cobb J, Hensley, Dennis, McCormick, Rowland, Harrison, Evans, Floyd, Tidwell, Dean, Hill, West, DeBerry J, Weaver, Dunn, Lollar, Johnson C, Brooks H, Matlock, Coley, Sargent, Kernell, Niceley, Rich, McManus, Ford , Johnson P, McCord, Carr, Faulkner, Todd. (*SB 0850 by *Black, Burks, Gresham, Beavers, Ketron, Crowe, McNally, Burchett, Tracy, Ramsey, Yager, Southerland, Stanley, Bunch, Norris, Johnson, Faulk, Watson.)

Education - As enacted, places restrictions on universal mental health testing, or psychiatric or socioemotional screening of juveniles; requires certain consent by a juvenile's parent, guardian, legal custodian, or caregiver before such testing can occur. - Amends TCA Title 9, Chapter 4 and Title 49, Chapter 2, Part 1.

HB1552 became Pub. Ch. 127

05/12/2009

*HB 1560 by *West, Moore, Gilmore. (*SB 1446 by *Haynes, Harper.)

Teachers, Principals and School Personnel - As introduced, affords teachers in Davidson County a hearing if such teachers are suspended from duty. - Amends TCA Section 49-5-512.

AMENDMENT #1 clarifies that this bill will authorize tenured teachers in Davidson County to request a hearing upon receipt of a notice of suspension as described in the bill summary.

HB1560 became Pub. Ch. 360

06/17/2009

*HB 1643 by *Jones U, Hardaway. (*SB 0718 by *Tate.)

Teachers, Principals and School Personnel - As introduced, extends provisions regarding dismissal of tenured teacher in Davidson County to also apply in Shelby County. - Amends TCA Title 49, Chapter 5.

AMENDMENT #1 clarifies that this bill will apply the present law provisions regarding dismissal of a tenured teacher in Davidson County as described in the bill summary to the City of Memphis.

HB1643 became Pub. Ch. 353

06/17/2009

*HB 1683 by *Brooks H ( *SB 1514 by *Burchett , Crowe)

Pensions and Retirement Benefits - As introduced, extends provisions on reemployment of teachers after retirement from June 30, 2010, to June 30, 2011. - Amends TCA Section 8-36-821.

HB1683 became Pub. Ch. 254

05/29/2009

*HB 1830 by *Lundberg , Mumpower ( SB 2034 by *Faulk)

Bristol - As introduced, subject to local approval, provides that the members of the municipal board of education shall be elected in the same manner used to elect the city council. - Amends amend Chapter 84 of the Private Acts of 1991; as amended by Chapter 140 of the Private Acts of 1996, Chapter 2 of the Private Acts of 1997, Chapter 130 of the Private Acts of 2002, Chapter 64 of the Private Acts of 2005.

HB1830 became Pr. Ch. 2

03/31/2009

*HB 2146 by *Harwell, Pruitt, Weaver, Kelsey, Williams, Coley, Maggart, Campfield, Rich, Swafford, McCormick, Eldridge, Haynes, Carr, Lynn, Dunn, Winningham, Lollar, Niceley, Dennis, Jones U, Hardaway. (SB 2133 by *Woodson, Gresham, Henry, Johnson, Beavers, Watson, Tracy, Ketron, Ramsey.)

Schools, Charter - As introduced, expands definition of chartering authority to include the state board of education; provides for open enrollment charter schools; lifts caps on number of charter schools. - Amends TCA Title 49, Chapter 13.

AMENDMENT #1 rewrites this bill to revise various provisions of the Tennessee Public Charter Schools Act of 2002, as follows:

(1) Under present law, the prospective student population for a public charter school is:
(A) Students who were previously enrolled in a charter school;
(B) Students who are assigned to, or were previously enrolled in, a school failing to make adequate yearly progress, as defined by the state's accountability system, giving priority to at-risk students;
(C) Students who, in the previous school year,
failed to test proficient in the subjects of language arts/reading or mathematics in grades three through eight on the Tennessee comprehensive assessment program examinations;
(D) Students who, in the previous school year, failed to test proficient on the gateway examinations in language arts/reading or mathematics;
(E) Students in grades kindergarten through three who are eligible for free or reduced-price lunch, who may only be enrolled no earlier than August 1; or
(F) Students who are under the jurisdiction of a juvenile court and who, in the court's judgment, would benefit from a work experience and career exploration program.

This amendment expands the prospective student population to include students at any grade level who are eligible for free or reduced-price lunch, and who are enrolled in LEAs that have an average daily membership of 14,000 students or more and three or more schools that missed the same benchmark for adequate yearly progress for two or more consecutive years resulting in such schools being designated as high priority schools; provided, however, that any
LEA will be authorized to choose by a two-thirds majority vote of the local board of education to allow students who are eligible for free or reduced-price lunch to be eligible to attend charter schools. This amendment removes the present law requirement that students who are eligible for enrollment on the basis of being eligible for free or reduced-price lunch may only be enrolled no earlier than August 1. This amendment removes the present law allocation of priority status and random drawing requirements for enrollment of students who meet the criteria of (1)(A) through (D) in charter schools.

AMENDMENT #2 changes the limit on the number of newly created charter schools and authorizes the formation of charter schools that are devoted solely exclusively to the re-enrollment of high school students who have dropped out of high school.

AMENDMENT #3 requires the department of education to develop a student tracking system to be used to track students who leave charter schools. The system must show when and why students left a charter school. This amendment requires charter schools to report the data that is required by the tracking system to the appropriate
LEA and include the data in the annual progress report that each charter school is required by present law to provide to the sponsor of the school, the chartering authority, and the commissioner of education.

AMENDMENT #4 encourages LEAs in which charter schools exist, or in which charter schools are proposed to be created, to establish non-charter public schools of innovation using federal funding that is available for such purpose. The non-charter public schools of innovation would be designed to function as a control group to more adequately assess the effectiveness of charter schools through comparative evaluations.

AMENDMENT #5 restores the present law allocation of priority status for admission to charter schools by children who meet the criteria of (1) through (4) during an initial application period, as follows, but only for those LEAs in which students are eligible to enroll in charter schools on the basis of being eligible for free or reduced-price lunch, and who are enrolled in LEAs that have an average daily membership of 14,000 students or more and three or more schools that missed the same benchmark for adequate yearly progress for two or more consecutive years resulting in such schools being designated as high priority schools:

(1) Students who were previously enrolled in a charter school;
(2) Students who are assigned to, or were previously enrolled in, a school failing to make adequate yearly progress, as defined by the state's accountability system, giving priority to at-risk students;
(3) Students who, in the previous school year, failed to test proficient in the subjects of language arts/reading or mathematics in grades three through eight on the Tennessee comprehensive assessment program examinations; and
(4) Students who, in the previous school year, failed to test proficient on the gateway examinations in language arts/reading or mathematics.

HB2146 became Pub. Ch. 555

07/07/2009

*HB 2194 by *Harmon, Kelsey, Hardaway. (SB 2192 by *Kyle.)

School Districts, Special - As introduced, allows a special school district to remain in existence when a county, in which there is at least one special school district, and a city or cities within the county choose to form a metropolitan government. - Amends TCA Title 7 and Title 49.

HB2194 became Pub. Ch. 371

06/17/2009

*HB 2257 by *Turner L , Turner M, Hardaway ( SB 2327 by *Kyle)

Education - As enacted, removes the authorization for an LEA to transport up to 15 students to and from an interscholastic athletic or other interscholastic or school sponsored activity in a van. - Amends TCA Section 49-6-2116.

HB2257 became Pub. Ch. 193

05/21/2009

*HB 2258 by *Towns , Turner M, Hardaway ( SB 2326 by *Kyle)

Education - As enacted, removes the provision whereby no student may graduate based solely on attendance in alternative schools. - Amends TCA Section 49-6-3402.

HB2258 became Pub. Ch. 192

05/21/2009

*HB 2321 by *Brown, Turner M, Gilmore, Hardaway, Winningham, Towns. (SB 2312 by *Kyle, Burks.)

Education - This bill removes the requirement that students must pass the gateway tests in order to receive a diploma and instead requires that students meet requirements that are set by the board of education in order to receive a full diploma. This bill removes authorization to issue attendance certificates and certificates indicating less than satisfactory performance. This bill changes several references to the "gateway tests" to refer instead to "end of course assessments." - Amends TCA Title 49.

HB2321 became Pub. Ch. 262

05/29/2009

 

http://www.legislature.state.tn.us/

The 106th General Assembly

The 106th General Assembly Senate is composed of 19 Republicans, and 14 Democrats, elected to four-year terms.

The 106th General Assembly House of Representatives is composed of 49 Republicans and 49 Democrats and 1 Carter County Republican elected in even-numbered years to two-year terms.

The Tennessee General Assembly meets in Nashville each year beginning at noon on the second Tuesday of January.

Each General Assembly meets 90 session days over a two-year period. Generally, legislative sessions last from mid-January through late April or May of each year.