The General Assembly is moving forward with legislation to partially change a controversial law that would retain some third-graders based on their literacy-related test scores.
The law, as it currently stands, requires third-graders who don’t pass the English language arts portion of the Tennessee Comprehensive Assessment Program to be retained if they don’t receive tutoring or summer school. Those who score “approaching” on the test would have to fulfill one of those requirements, while those who score “below” would need to fulfill both in order to be advanced — though certain students are exempt from these requirements. The majority of Tennessee’s third-graders would need some kind of intervention as required by the law as it currently stands. Many parents, educators and school leaders have criticized the legislation for staking such an impactful outcome on a single test. Lawmakers say they are well aware of these concerns.
A slate of bills was filed to address the issue through various measures, but solutions have been narrowed down and combined into one bill that is moving through Senate and House education committees. The changes are laid out via amendments, which differ slightly between the chambers.
On Tuesday, Rep. Scott Cepicky (R-Culleoka) presented an amendment — which passed — to the House K-12 subcommittee. Cepicky explained that the amendment would allow students who earn an “approaching” score on the TCAP to be promoted to the fourth grade if they scored within the 50th percentile of the last state-provided benchmark assessment test before the TCAP. Though no such language appears on the amendment that passed, Cepicky said these students would move forward “as long as the locals will provide the necessary supports and interventions for that child to make sure that they get caught up on grade level by the time they take their fourth-grade TCAP test.” The amendment also requires any student who has been retained in grades K-3 to receive tutoring, and that district representatives can assist parents who submit an appeal to the state regarding a retention decision.
On Wednesday, the Senate Education Committee considered an amendment that outlined similar measures. The Senate version includes language specifying tutoring requirements. It also adds reporting requirements so that the state can track student progress.
“If they fit in that category of ‘approaching,’ they had the option of doing the summer class or having a tutor," said Sen. Joey Hensley (R-Hohenwald). "So isn't this doing the same thing?”
A document from the Tennessee Department of Education states confirms third-grade students who scored "approaching" on the TCAP will not be retained if they “receive free tutoring at school during 4th grade.”
The amendment passed the Senate committee, with everyone voting in favor except for Sen. Raumesh Akbari (D-Memphis), who abstained.
"I feel like our kids need more of a fix than what is in this legislation," Akbari tells the Scene. "We need a different fix. I've talked teachers, administrators, parents, students from across the state — whether rural or urban [or] suburban. I had a third-grader in my office yesterday [who] was talking about the intense pressure of having retention hovering over him. So I didn't like the initial bill. I like the fact that they have these interventions in there and the state is actually funding them right. ... I don't like the threat of a retention."
