Tennessee § 49-1-617 - Development of policy by which student scores on achievement tests comprise percentage of final grade in certain subjects in grades three through eight — Optional policy for grades nine through twelve.

§ 49-1-617. Development of policy by which student scores on achievement tests comprise percentage of final grade in certain subjects in grades three through eight — Optional policy for grades nine through twelve.

Each local board of education shall develop a policy by which student scores on the Tennessee comprehensive assessment program's grades three through eight (3-8) achievement tests shall comprise a percentage of the student's final grade for the spring semester in the subject areas of mathematics, English language arts, science, and social studies. In the 2017-2018 school year and each school year thereafter, the local board shall determine the percentage within a range of zero percent (0%) to no more than twenty-five percent (25%) for grades three through five (3-5), and within a range of no less than ten percent (10%) to no more than twenty-five percent (25%) for grades six through eight (6-8). Notwithstanding subsection (a), if an LEA does not receive its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), at least five (5) instructional days before the end of the course, then the LEA may choose not to include its students' TCAP scores, including all achievement test and end-of-course examination scores for grades nine through twelve (9-12), in the students' final grades in the subject areas of mathematics, English language arts, science, and social studies. Notwithstanding subsection (a), each local board of education may choose the percentage within the range of zero percent (0%) to fifteen percent (15%) that scores from the TNReady assessments administered in the 2017-2018 school year shall count on a student's final grade for the spring semester. Notwithstanding subsection (a), 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 results in a higher final grade for the student. Acts 2010, ch. 1127, § 1; 2015, ch. 256, § 1; 2017, ch. 192, § 7; 2018, ch. 817, § 1; 2018, ch. 881, § 2; 2020, ch. 652, § 4. Code Commission Notes. Acts 2010, ch. 1127, § 1 purported to enact a new section § 49-1-614 . Sections 49-1-614 – 49-1-616 were previously enacted by Acts 2010 (1st Ex. Sess.), ch. 2, §§ 9, 14, 15; therefore, the enactment by Acts 2010, ch. 1127, § 1 was designated as § 49-1-617 by the code commission. Compiler's Notes. Acts 2018, ch. 881, § 5 provided that for the 2017-2018 school year, LEAs shall not base employment termination and compensation decisions for teachers on data generated by statewide assessments administered in the 2017-2018 school year. For the Preamble to the act concerning severe weather, tornadoes and the COVID-19 threat, see Acts 2020, ch. 652. Acts 2020, ch. 652, § 13 provided that: “(a) The department of education shall 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 chapter 652 of the Public Acts of 2020. “(b) The state board of education shall 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 April 2, 2020. “(c) 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 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. “(d) Notwithstanding Tennessee Code Annotated, Section 4-5-208(a): “(1) The state board of education may promulgate emergency rules as necessary to address any issues created by school closures due to the outbreak of COVID-19 during the 2019-2020 school year. 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 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.” Amendments. The 2020 amendment added (d). Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020. Attorney General Opinions. Authority to Waive Requirements of T.C.A. § 49-1-617 , OAG 14-68, 2014 Tenn. AG Lexis 68 (7/2/14)