Tennessee § 49-6-6012 - Adverse action based on student achievement data generated from 2017-2018 TNReady assessments or TCAP tests administered in 2019-2020 school year prohibited.

§ 49-6-6012. Adverse action based on student achievement data generated from 2017-2018 TNReady assessments or TCAP tests administered in 2019-2020 school year prohibited.

Notwithstanding any law to the contrary, no adverse action may be taken against any student, teacher, school, or LEA based, in whole or in part, on student achievement, student performance, or student growth data generated from: The 2017-2018 TNReady assessments; or The 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. As used in this section, “adverse action” includes, but is not limited to, employment termination decisions, adverse compensation decisions, the identification of a school as a priority school, the assignment of a school to the achievement school district, or an action taken in violation of § 49-1-228(f) or § 49-1-617(d). Acts 2018, ch. 1026, § 1; 2020, ch. 652, § 11. Compiler's Notes. 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 rewrote the section, which read, “Notwithstanding any law to the contrary, no adverse action may be taken against any student, teacher, school, or LEA based, in whole or in part, on student achievement data generated from the 2017-2018 TNReady assessments. For purposes of this section, ‘adverse action’ includes, but is not limited to, the identification of a school as a priority school and the assignment of a school to the achievement school district.” Effective Dates. Acts 2020, ch. 652, § 14. April 2, 2020.