Tennessee § 49-6-6001 - Graduation requirements.

§ 49-6-6001. Graduation requirements.

To receive a full diploma upon graduation from high school, a student must meet requirements as set forth by the state board of education. As a strategy for assessing student readiness for postsecondary education, every public school student shall take an examination at grade eleven (11). This assessment shall be approved by the commissioner of education and provide information to assist in developing interventions for the purpose of improving student preparation for postsecondary achievement. If an assessment required under subdivision (b)(1) is misadministered by fault of the assessment provider, as determined by the department of education, then the assessment provider must respond as follows: An incident report on the misadministration must be provided to the department of education and the LEA or LEAs in which the misadministration occurred. The incident report shall provide remediation plans that will result in reportable scores, if possible; The assessment provider shall reimburse the LEA or LEAs in which the misadministration occurred for any exam that does not result in a reportable score for the student; and The assessment provider shall provide an opportunity for any student impacted by the misadministration to take the assessment again at no charge. Failure to respond as required in subdivision (b)(2)(A) shall result in the state not continuing to use the assessment and shall be considered a breach of contract by the assessment provider. Subject to available appropriations each year, each student participating in the assessment pursuant to subdivision (b)(1) shall have the opportunity to retake the assessment one (1) additional time prior to graduation. All tests developed or used to implement this section, all banks of questions, all field testing documents used as background for the development of the tests and all answers shall be kept confidential when and for as long as necessary to protect the integrity of the tests, and accordingly, are exempt from the requirements of § 10-7-503. The board shall require each LEA to provide remediation services to any student who fails a portion of any examination required under this section for the portion of the examination that the student failed. In addition to a full diploma, a certificate of attendance, or a special education diploma, the board shall adopt an occupational diploma for students with disabilities. The board shall set appropriate standards and benchmarks of attendance, academic achievement, and job readiness skills for the occupational diploma. A student is not required to comply with the testing requirements of subdivision (a)(1) in order to receive an occupational diploma. The commissioner of education is directed to establish dates for the administration of assessments required for graduation that provide the maximum instructional days possible prior to testing while maintaining compliance with all relevant federal law. Students who, in lieu of graduating from high school, obtain a general equivalency development credential (GED(R)) shall be counted as a high school graduate of the high school that they attended or were eligible to attend for the purpose of calculating graduation rates; provided, however, that such students shall not be counted as graduates for purposes pursuant to which such inclusion in a graduation rate calculation is prohibited by federal law. No LEA shall require any enrolling or transferring student, who is in grade eleven (11) or higher and in the custody of the department of children's services or exiting its custody, to meet more than the minimum requirements for graduation set forth by the state board of education. The LEA shall issue a full diploma to any such student who meets the minimum requirements. The state board of education shall adopt an alternate academic diploma for students with the most significant cognitive disabilities who are assessed with the alternate assessment under § 49-1-612. The board shall ensure the diploma is aligned with the requirements for a regular high school diploma. A student whose individualized education program (IEP) or section 504 plan under the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.) allows for testing accommodations shall be allowed to use the same testing accommodations while taking an assessment under the Tennessee comprehensive assessment program (TCAP) or an end-of-course assessment, required by the state board of education under subsection (a), as long as the accommodation does not invalidate the assessment. Notwithstanding subsection (b), for the 2019-2020 school year, public school students are not required to take an examination at grade eleven (11) to assess student readiness for postsecondary education. Acts 1981, ch. 164, §§ 1, 2; T.C.A., § 49-117; Acts 1988, ch. 494, §§ 1, 2; 1988, ch. 893, § 2; 1992, ch. 535, § 32; 1998, ch. 833, § 2; 2002, ch. 738, § 1; 2005, ch. 446, § 1; 2007, ch. 273, § 1; 2008, ch. 931, § 1; 2009, ch. 262, §§ 1, 2; 2009, ch. 448, § 2; 2010, ch. 735, § 2; 2011, ch. 410, § 4(y); 2013, ch. 422, § 1; 2015, ch. 182, § 56; 2015, ch. 357, § 1; 2016, ch. 844, § 2; 2017, ch. 177, § 10; 2018, ch. 725, §§ 44, 45; 2018, ch. 881, § 1; 2020, ch. 601, § 1; 2020, ch. 652, § 10. Compiler's Notes. For the Preamble to the act concerning the prohibition against establishment of a special committee if there is a standing committee on the same subject, please refer to Acts 2011, ch. 410. Acts 2016, ch. 844, § 1 provided that the act, which amended this section, shall be known and may be cited as the “Tennessee Student Assessment Transparency Act”. 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 this act. “(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, arid 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 by ch. 601 added (j). The 2020 amendment by ch. 652 added (k). Effective Dates. Acts 2020, ch. 601, § 2. March 20, 2020. Acts 2020, ch. 652, § 14. April 2, 2020. Cross-References. Promotion in and graduation from high schools, § 49-6-405 . Public records, confidentiality, § 10-7-504 . Law Reviews. Adding It Up: Implications of Tennessee's New High School Transition Policy and Graduation Requirements for Students with Disabilities (Kenlyn Foster-Spence), 76 Tenn. L. Rev. 447 (2009). Updating Tennessee's Public Records Law (Douglas Pierce), 24 No. 5, Tenn. B.J. 24 (1988). Attorney General Opinions. Lottery scholarship eligibility criteria, OAG 04-094, 2004 Tenn. AG LEXIS 103 (5/18/04). Practice of awarding certificates of attendance to high school students, OAG 07-082, 2007 Tenn. AG LEXIS 82 (5/24/07).