Tennessee § 49-1-606 - Annual estimates of teacher effects on student progress in grades three through eight (3-8).

§ 49-1-606. Annual estimates of teacher effects on student progress in grades three through eight (3-8).

Annually, data from the Tennessee comprehensive assessment program (TCAP) tests, or their future replacements, will be used to provide an estimate of the statistical distribution of teacher effects on the educational progress of students within school districts for grades three through eight (3-8). Teacher effect data shall not be retained for use in evaluations for more than the most recent five (5) years. A student must have been present for one hundred fifty (150) days of classroom instruction per year or seventy-five (75) days of classroom instruction in a block schedule before that student's record is attributable to a specific teacher. The estimates of specific teacher effects on the educational progress of students will not be a public record, and will be made available only to the specific teacher, the teacher's appropriate administrators as designated by the local board of education and school board members. The state department of education shall provide raw test score data to LEAs as soon as practicable after receipt of the data, but in no case later than June 30. The estimates of specific teacher effects may also be made available to the state board approved teacher preparation programs of individual teachers. The estimates made available to the preparation programs shall not be a public record and shall be used only in evaluation of the respective teacher preparation programs. Each institution or postsecondary system receiving the estimates shall develop a policy to protect the confidentiality of the data. The estimates of specific teacher effects on the educational progress of students may be made available to parties conducting research for, or on behalf of, the department, schools, LEAs, or postsecondary institutions; provided, however, that the estimates made available shall not be a public record and shall be used only for research purposes. Each party receiving the estimates of specific teacher effect data for research purposes shall execute a signed data sharing agreement with the entity providing the data that includes provisions safeguarding the privacy and security of the data. Acts 1992, ch. 535, § 4; 1995, ch. 427, § 1; 1997, ch. 141, § 1; 2001, ch. 243, § 1; 2010 (1st Ex. Sess.), ch. 2, §§ 7, 8; 2012, ch. 703, § 1; 2013, ch. 105, § 2; 2014, ch. 873, § 1; 2017, ch. 192, § 6. Compiler's Notes. Acts 2001, ch. 243, § 2 provided that it is the intent of the legislature for the department of education to provide the score data to local education agencies before the end of the school year. Acts 2010 (1st Ex. Sess.), ch. 2, § 1 provided that the act shall be known and may be cited as the “Tennessee First to the Top Act of 2010.” Cross-References. Confidentiality of public records, § 10-7-504 . Attorney General Opinions. Teacher evaluations, OAG 96-033, 1996 Tenn. AG LEXIS 29 (3/7/96). Confidentiality of specific teacher effects, OAG 97-055, 1997 Tenn. AG LEXIS 48 (4/23/97). There are no federal or state constitutional or statutory provisions which would prohibit limited English proficiency, English as a second language, or English Language learners from taking the Tennessee comprehensive assessment program annual achievement tests until they achieve some level of English proficiency, OAG 01-164, 2001 Tenn. AG LEXIS 166 (11/13/01).