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HB2818 / SB2672: This week, Governor Bill Lee and Commissioner Penny Schwinn, recognizing the recent tornadoes and state of emergency due to COVID-19, requested a waiver from Secretary DeVos for assessments and other accountability measures pursuant to the Every Student Succeeds Act (ESSA). Click here to view the Waiver Request dated March 16, 2020. In additional to the federal waiver, state legislation was deemed necessary to ensure compliance with ESSA and related state law.

HB2818 / SB2672, as amended, waives the following requirements for the 2019-2020 school year. Click here to view the amendments.

• TCAP testing, including but not limited to, TNReady and EOC exams is waived
• Student growth measures generated from TCAP assessments shall not be included in a teacher’s evaluation
• Teachers in non-tested grades and subjects shall not be evaluated using an alternative growth model
• Pre-K and kindergarten teachers shall not be evaluated using a student growth measure
• TCAP scores shall not be included in a student’s final grade
• Student growth and performance data from TCAP testing shall not be used to assign a letter grade to a school or identify a school as priority school
• Students are not required to pass the civics exam to graduate
• The 180-day instructional day requirement is waived
• Grade 11 testing for postsecondary readiness (ACT) is waived

Overall, the bill provides flexibility for districts to proceed as normal in the event students return to school with sufficient time, while ensuring that districts and teachers will not be penalized for failure to comply with these assessment and accountability measures. If an LEA is able to administer TCAP testing, chooses to do so, and the scores would benefit a teacher’s evaluation, school’s performance, or student’s grade, then the LEA may do so.

This bill passed both education committees today and will be on the floor in both chambers tomorrow.