Tennessee § 49-6-105 - Application for funding and approval — Collaborative agreements.

§ 49-6-105. Application for funding and approval — Collaborative agreements.

LEAs may apply to the department of education for funding and approval of one (1) or more pre-kindergarten programs. LEAs may contract and enter into collaborative agreements for operation of these programs with nonschool system entities in the geographical area served by the LEA, including, but not limited to, nonprofit and for-profit child care providers and Head Start programs. LEAs shall not contract or collaborate with any child care provider licensed by the department of human services, unless that provider has attained the highest designation under the rated licensing system administered by the department of human services, pursuant to title 71, chapter 3, part 5. As part of the application process, the LEA shall include a statement that it has given consideration to how to serve all children four (4) years of age within the geographical area served by the LEA, in the event programs are later authorized for all children, regardless of at risk status. The long range plan shall include the proposed sources of local matching funds required under §§ 49-6-103 — 49-6-110. Where applicable, the LEA is encouraged to include a resolution of support from the local governing body indicating intent to appropriate the required local matching funds. Applications that target establishing programs for at-risk children not served by an existing program shall be given preference in the application process. Documentation of local financial support shall also be considered as a factor in the application process. LEAs are encouraged to collaborate with nonschool system entities where such collaboration provides an efficient means for expansion of pre-kindergarten classrooms authorized under §§ 49-6-103 — 49-6-110. The commissioner of education shall establish the system for submitting applications and, subject to available funding, programs shall be approved on a competitive basis. An LEA shall include as part of its application: A plan for ensuring coordination between voluntary pre-kindergarten classrooms and elementary schools within the LEA, with the goal of ensuring that elementary grade instruction builds upon pre-kindergarten classroom experiences; A plan for engaging parents and families of voluntary pre-kindergarten students throughout the school year; and A plan for delivering relevant and meaningful professional development to voluntary pre-kindergarten teachers, specific to ensuring a high quality pre-kindergarten experience. LEAs that receive pre-kindergarten program approval under §§ 49-6-103 — 49-6-110 shall utilize 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, in the evaluation of pre-kindergarten and kindergarten teachers pursuant to § 49-1-302. [Deleted by Acts 2019, ch. 376, § 1, effective January 1, 2020.] Each LEA shall notify all teachers evaluated using a growth portfolio model of training and professional development opportunities available on growth portfolio models. Prior to the 2018-2019 school year, the department of education shall study the pre-k/kindergarten growth portfolio model, including the portfolio rubric, the method for the collection and submission of student work artifacts, and scoring. The study shall include feedback from pre-kindergarten and kindergarten teachers, as well as other teachers using other growth portfolio models. Notwithstanding subsection (e) or § 49-1-302(d)(2)(B)(ix), the state shall not require pre-kindergarten and kindergarten teachers employed in an LEA that receives pre-kindergarten program approval under §§ 49-6-103 — 49-6-110 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 subsection (h) 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, shall only be used to evaluate the teacher if such use results in a higher evaluation score for the teacher. Acts 2005, ch. 312, § 1; 2016, ch. 703, § 3; 2018, ch. 751, §§ 1, 2; 2019, ch. 376, § 1; 2020, ch. 652, § 3. Compiler's Notes. For the Preamble to the act concerning the pre-kindergarten and kindergarten portfolio student assessment system, see Acts 2018, ch. 751. Section 49-6-109, which is part of the span referred to in this section, was repealed by Acts 2016, ch. 684, § 8, effective March 24, 2016. 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 (h). Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.