Education - As enacted, enacts the "Tennessee Education Savings Account Pilot Program." - Amends TCA Title 49, Chapter 6.
Companion bill has been assigned Public Chapter Number 506 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0795Date
    Comp. became Pub. Ch. 50605/29/2019
    Companion House Bill substituted04/25/2019
    Placed on Senate Regular Calendar for 4/25/201904/23/2019
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 5 PNV 004/23/2019
    Sponsor(s) Added.04/18/2019
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/23/201904/18/2019
    Action deferred in Senate Finance, Ways, and Means Committee to 4/23/201904/16/2019
    Placed on Senate Finance, Ways, and Means Committee calendar for 4/16/201904/10/2019
    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 6, Nays 3 PNV 004/10/2019
    Placed on Senate Education Committee calendar for 4/10/201904/03/2019
    Action deferred in Senate Education Committee to 4/10/201904/03/2019
    Placed on Senate Education Committee calendar for 4/3/201903/27/2019
    Passed on Second Consideration, refer to Senate Education Committee02/07/2019
    Sponsor(s) Added.02/06/2019
    Introduced, Passed on First Consideration02/06/2019
    Filed for introduction02/05/2019
    Actions For HB0939Date
    Effective date(s) 05/24/201905/29/2019
    Pub. Ch. 50605/29/2019
    Signed by Governor.05/24/2019
    Transmitted to Governor for his action.05/23/2019
    Signed by Senate Speaker05/17/2019
    Signed by H. Speaker05/10/2019
    Enrolled; ready for sig. of H. Speaker.05/09/2019
    Conference Committee report adopted, Ayes 19, Nays 1405/01/2019
    Conf. comm. report adopted, Ayes 51, Nays 46 PNV 005/01/2019
    Sponsor(s) Added.05/01/2019
    H. Placed on Message Calendar 2 for 5/1/1905/01/2019
    Conference Committee appointed by Senate. (Johnson, Gresham, Bell, Akbari, Kelsey)04/30/2019
    Conf. comm. appointed (Dunn, Holt, M. Hill, Baum, Staples)04/30/2019
    H. refused to recede from its non-concurrence04/30/2019
    H. Placed on Message Calendar for 4/30/1904/29/2019
    Senate refused to recede from amendment #2 & #504/29/2019
    H. nonconcurred in S. am. no. 2 and 5 HB093904/29/2019
    Sponsor(s) Added.04/29/2019
    H. Placed on Message Calendar 2 for 4/29/1904/29/2019
    Passed Senate as amended, Ayes 20, Nays 1304/25/2019
    Amendment withdrawn. (Amendment 4 - SA0416)04/25/2019
    Amendment withdrawn. (Amendment 3 - SA0415)04/25/2019
    Senate adopted Amendment (Amendment 2 - SA0414)04/25/2019
    Amendment withdrawn. (Amendment 1 - SA0312)04/25/2019
    Senate adopted Amendment (Amendment 5 - SA0417)04/25/2019
    Senate substituted House Bill for companion Senate Bill.04/25/2019
    Received from House, Passed on First Consideration04/24/2019
    Engrossed; ready for transmission to Sen.04/23/2019
    Passed H., as am., Ayes 50, Nays 48, PNV 004/23/2019
    Sponsor(s) Added.04/23/2019
    H. adopted am. (Amendment 12 - HA0461)04/23/2019
    Am. tabled. (Amendment 7 - HA0453)04/23/2019
    H. adopted am. (Amendment 2 - HA0445)04/23/2019
    H. adopted am. (Amendment 2 - HA0445)04/23/2019
    Am. tabled. (Amendment 13 - HA0462)04/23/2019
    H. adopted am. (Amendment 11 - HA0460)04/23/2019
    Am. withdrawn. (Amendment 10 - HA0459)04/23/2019
    Am. tabled. (Amendment 9 - HA0458)04/23/2019
    Am. withdrawn. (Amendment 8 - HA0457)04/23/2019
    Am. tabled. (Amendment 6 - HA0452)04/23/2019
    Am. tabled. (Amendment 5 - HA0451)04/23/2019
    Am. withdrawn. (Amendment 4 - HA0450)04/23/2019
    Am. withdrawn. (Amendment 3 - HA0449)04/23/2019
    Am. withdrawn. (Amendment 1 - HA0188)04/23/2019
    H. Placed on Regular Calendar for 4/23/201904/18/2019
    Placed on cal. Calendar & Rules Committee for 4/18/201904/17/2019
    Rec. for pass. if am., ref. to Calendar & Rules Committee04/17/2019
    Sponsor(s) Added.04/17/2019
    Sponsor(s) Added.04/16/2019
    Placed on cal. Finance, Ways, and Means Committee for 4/17/201904/10/2019
    Rec for pass if am by s/c ref. to Finance, Ways, and Means Committee04/10/2019
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/10/201904/03/2019
    Assigned to s/c Finance, Ways, and Means Subcommittee04/03/2019
    Rec. for pass; ref to Finance, Ways, and Means Committee04/01/2019
    Placed on cal. Government Operations Committee for 4/1/201903/27/2019
    Rec. for pass. if am., ref. to Government Operations Committee03/27/2019
    Placed on cal. Education for 3/27/201903/20/2019
    Rec for pass if am by s/c ref. to Education 03/19/2019
    Placed on s/c cal Curriculum, Testing, & Innovation Subcommittee for 3/19/201903/13/2019
    Assigned to s/c Curriculum, Testing, & Innovation Subcommittee03/12/2019
    Ref. to Education-- Government Operations for Review03/12/2019
    Sponsor(s) Added.02/19/2019
    P2C, caption bill, held on desk - pending amdt.02/07/2019
    Intro., P1C.02/06/2019
    Filed for introduction02/05/2019
  • AmendmentsFiscal Memos
    SA0312Amendment 1-0 to SB0795Fiscal Memo for SA0312 (7851)  Fiscal Memo for SA0312 (7851)  
    SA0414Amendment 2-0 to SB0795Fiscal Memo for SA0414 (8818)  
    SA0415Amendment 3-0 to SB0795Fiscal Memo for SA0415 (8784)  
    SA0416Amendment 4-0 to SB0795Fiscal Memo for SA0416 (8783)  
    SA0417Amendment 5-0 to SB0795Fiscal Memo for SA0417 (8665)  Fiscal Memo for SA0417 (8665)  Fiscal Memo for SA0417 (8665)  Fiscal Memo for SA0417 (8665)  Fiscal Memo for SA0417 (8665)  Fiscal Memo for SA0417 (8665)  
    AmendmentsFiscal Memos
    HA0188Amendment 1-1 to HB0939Fiscal Memo for HA0188 (6637)  Fiscal Memo for HA0188 (6637)  
    HA0445Amendment 2-1 to HB0939Fiscal Memo for HA0445 (8453)  Fiscal Memo for HA0445 (8453)  
    HA0449Amendment 3- to HB0939 
    HA0450Amendment 4- to HB0939 
    HA0451Amendment 5- to HB0939 
    HA0452Amendment 6- to HB0939 
    HA0453Amendment 7- to HB0939 
    HA0457Amendment 8- to HB0939 
    HA0458Amendment 9- to HB0939 
    HA0459Amendment 10- to HB0939 
    HA0460Amendment 11- to HB0939Fiscal Memo for HA0460 (8684)  
    HA0461Amendment 12- to HB0939Fiscal Memo for HA0461 (8599)  
    HA0462Amendment 13- to HB0939 

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0795

  • Fiscal Summary

    NOT SIGNIFICANT


    Bill Summary

    ON APRIL 23, 2019, THE HOUSE ADOPTED AMENDMENTS #2, #11, AND #12 AND PASSED HOUSE BILL 939, AS AMENDED.

    AMENDMENT #2 rewrites this bill and enacts the "Tennessee Education Savings Account Act," which provides for education savings accounts for eligible students, whereby funds will be provided for the student to be educated at a private school that meets the requirements established by the department of education and the state board of education for a Category I, II, or III private school (referred to as a participating school).

    An "eligible student" under this bill is a resident of this state who:

    (A) Was previously enrolled in and attended a Tennessee public school for the one full school year immediately preceding the school year for which the student receives an education savings account; is eligible for the first time to enroll in a Tennessee school; or received an education savings account in the previous school year;
    (B) Is a student in any of the grades K-12;
    (C) Is zoned to attend a school in an LEA that had three or more schools identified as priority schools in 2015 and that had three or more schools among the bottom 10 percent of schools as identified by the department in 2017; and
    (D) Is a member of a household with an annual income for the previous year that does not exceed twice the federal income eligibility guidelines for free lunch.

    Additionally, either the parent of the student, if the student is less than 18 years of age, or the student, if the student is 18 years of age or older, must present one of the following documents for the parent of the minor student or for the student who is at least 18 years of age: a valid Tennessee driver license or photo identification license issued by the department of safety; a valid driver license or photo identification license issued by another state where the issuance requirements are at least as strict as those in this state, as determined by the department; an official birth certificate issued by a United States state, jurisdiction or territory; A U.S. government-issued certified birth certificate; a valid, unexpired United States passport; a U.S. certificate of birth abroad; a report of birth abroad of a citizen of the United States; a certificate of citizenship; a certificate of naturalization; a United States citizen identification card; or valid alien registration documentation or other proof of current immigration registration recognized by the United States department of homeland security that contains the individual's complete legal name and current alien admission number or alien file number.

    In addition to the provision of the above-described documentation, to participate in the program the parent of a minor eligible student, or the eligible student, as applicable, must:

    (1) Ensure the provision of an education for the participating student that satisfies the compulsory school attendance requirement of state law through enrollment in a private school that meets the requirements established by the department and state board for a Category I, II, or III private school;
    (2) Not enroll the participating student in a public school while participating in the program;
    (3) Release the LEA in which the participating student resides from all obligations to educate the participating student while participating in the program. Participation in the program has the same effect as a parental refusal to consent to the receipt of services under the Individuals with Disabilities Education Act (IDEA); and
    (4) Only use the funds deposited in a participating student's ESA for education-related expenses. This amendment details the allowable expenditures, such as tuition, textbooks, certain fees for transportation, computer hardware, and school uniforms. Authorized expenditures also include fees for the management of the ESA by a private or non-profit financial management organization, as approved by the department. The fees must not exceed 2 percent of the funds deposited in a participating student's ESA in a fiscal year.

    This amendment specifies that it does not prohibit a parent or third party from paying the costs of educational programs and services for a participating student that are not covered by the funds in an ESA.

    Generally under this amendment, a participating student may participate in the program until: the participating student enrolls in a public school; ceases to be a resident of the LEA in which the student resided when the student began participating in the program; graduates or withdraws from high school; or reaches 22 years of age between the commencement of the school year and the conclusion of the school year, whichever occurs first, unless the student is suspended or terminated from participating in the program. A participating student may return to the student's LEA at any time after enrolling in the program. Upon a participating student's return to the student's LEA, the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the basic education program account of the education trust fund. Similarly, if a participating student ceases to be a resident of the LEA in which the student resided when the student began participating in the program, then the student's ESA will be closed and any remaining funds must be returned to the state treasurer to be placed in the basic education program account.

    Any funds remaining in a participating student's ESA upon graduation from high school or exiting the program by reaching 22 years of age may be used by the student when the student becomes a legacy student to attend or take courses from an eligible postsecondary institution, with qualifying expenses subject to the conditions of this amendment described above in (4). A participating student's ESA will be closed, and any remaining funds will be returned to the state treasurer to be placed in the basic education program account, after the first of the following events: upon a legacy student's graduation from an eligible postsecondary institution; after four consecutive years elapse immediately after a legacy student enrolls in an eligible postsecondary institution; after a participating student or legacy student exits the program and is not enrolled in an eligible postsecondary institution; or after a participating or legacy student reaches 22 years of age and is not enrolled in an eligible postsecondary institution.

    A student who is eligible for both the program created under this amendment and an individualized education account under the Individualized Education Act may apply for both programs but must only participate and receive assistance from one program. This amendment also specifies the criteria for a participating student's eligibility to participate in a sport sanctioned by an association that regulates interscholastic athletics for the first year in which the student attends a participating school.

    The program will begin enrolling participating students no later than the 2021-2022 school year. The number of participating students enrolled in the program must not exceed:

    (1) For the first school year of operation, 7,500 students;
    (2) For the second school year of operation, 15,000 students;
    (3) For the third school year of operation, 22,500 students;
    (4) For the fourth school year of operation and for each school year thereafter, 30,000 students.

    This amendment sets out in detail the process that will be followed when applications are less than or more than maximum allowable amount of students, including provisions for a lottery and the preference in the lottery for certain students.

    The maximum annual amount to which a participating student will be entitled under the program must be equal to the amount representing the per pupil state and local funds generated and required through the basic education program (BEP) for the LEA in which the participating student resides.

    This amendment establishes a school improvement fund to be administered by the department that, for the first three fiscal years in which the program accepts participating students and subject to appropriation, will disburse an annual grant to each LEA to be used for school improvement for participating students under the program who: were enrolled in and attended a school in the LEA for the one full school year immediately preceding the school year in which the student began participating in the program; and generate BEP funds for the LEA in the applicable fiscal year that will be subtracted from the state BEP funds payable to the LEA.

    The annual grant amount will be as follows:

    (1) For the first fiscal year in which the program accepts participating students, subject to appropriation, 75 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements;
    (2) For the second fiscal year in which the program accepts participating students, subject to appropriation, 50 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements; and
    (3) For the third fiscal year in which the program accepts participating students, subject to appropriation, 25 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements.

    This amendment provides that the department will also disburse an annual school improvement grant to LEAs that have priority schools as defined by the state's accountability system, but that do not have participating students in the program as follows:

    (1) For the first fiscal year in which the program accepts participating students, subject to appropriation, 25 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements;
    (2) For the second fiscal year in which the program accepts participating students, subject to appropriation, 50 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements; and
    (3) For the third fiscal year in which the program accepts participating students, subject to appropriation, 75 percent of the ESA amount awarded to participating students under the program who meet the above-described requirements.

    This amendment establishes various requirements of the department of education in administering the program, and authorizes the department to deduct 6 percent from the annual ESA award amount to cover the costs of overseeing the funds and administering the program. This amendment also authorizes the department to contract with a nonprofit organization to administer some or all portions of the program.

    Under this amendment, as a condition of participating in the program, participating students in grades 3-11 must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts. For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students. For participating students 17 years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests. A participating student who has reached the age of 18 and who is not enrolled full-time in a participating school must ensure that participating student is annually administered the tests.

    This amendment sets out in detail other requirements for the program and the ESA accounts, establishes certain reporting requirements, and specifies that the program is subject to audit by the comptroller. The department may suspend or terminate a participating student from the program, or close a legacy student's ESA, if the department determines that the participating student's or legacy student's parent or the participating student or legacy student has failed to comply with the requirements of this amendment.

    This amendment also sets out requirements for participating schools, such as requiring the schools to certify that they will not discriminate against participating students or applicants on the basis of race, color, or national origin; and requirements to conduct criminal background checks on employees. The department may suspend or terminate a participating school's or provider's participation in the program if the department determines that the participating school or provider has failed to comply with the requirements of this amendment.

    Under this amendment, if a person knowingly uses ESA funds for expenses that do not constitute qualified expenses with the intent to defraud the program, or knowingly misrepresents the nature of the expenses paid with the intent to defraud the program, then the department may refer the matter to the appropriate enforcement authority for criminal prosecution.

    This amendment specifies that a participating school or provider will be considered autonomous and not an agent of this state, and provides that a participating school will not be required to alter its creed, practices, admissions policies, or curriculum in order to accept participating students, other than as is necessary to comply with the requirements of the program.

    This amendment grants various rulemaking authorities to the state board of education and the department of education, as detailed in this bill, to effectuate various provisions of the program.

    This amendment:

    (1) Provides that it is the intent of this amendment to provide funding to students who reside in LEAs that have consistently had the lowest performing schools on a historical basis and for the ESA funds to be used to provide educational opportunities to such students that are equal to the educational opportunities of students who reside in LEAs with higher performing schools;
    (2) Requires the department to provided, on January 1 following the third fiscal year in which the program enrolls participating students, and every January 1 thereafter, a report to the general assembly. The report must include a list of the LEAs with at least one school among the bottom 5 percent of schools in overall achievement, as determined by the performance standards and other criteria set by the state board, for the most recent year in which the department collected such information. The report must also include a recommendation for legislative action if, based upon the list provided, the group of LEAs whose students are eligible for participation under this amendments provisions described above in (C) is no longer consistent with the intent described in item (1) above; and
    (3) Specifies that a local board of education does not have authority to assert a cause of action, or intervene in any cause of action, challenging the legality of this bill as amended.

    AMENDMENT #11 reduces the maximum number of students that may participate in the program, as described above in the summary for House Amendment #2, to be 5,000 for the first year; 7,500 for the second year; 10,000 for the third year; 12,500 for the fourth year; and 15,000 for the fifth and subsequent years.

    This amendment also adds to the requirement of House Amendment #2 that participating students being annually administered the TCAP tests (or successor tests) for math and English language arts to also require that such students be administered the TCAP tests (or successor tests) for: science in even-numbered years; and social studies in odd-numbered years.

    AMENDMENT #12 adds that an education savings account under this amendment is a state or local public benefit for purposes of the present law Eligibility Verification for Entitlements Act.

    ON APRIL 25, 2019, THE SENATE SUBSTITUTED HOUSE BILL 939 FOR SENATE BILL 795, ADOPTED AMENDMENTS #5 AND #2, AND PASSED HOUSE BILL 939, AS AMENDED.

    AMENDMENT #5 revises various provisions of this bill, as follows:

    (1) This amendment revises, in the definition of "eligible student," the school to which the student must be zoned (as described above in the summary for House Amendment #2 in (C)) to be either:
    (A) A school in an LEA, excluding the achievement school district (ASD), with 10 or more schools: identified as priority schools in 2015, as defined by the state's accountability system; among the bottom 10 percent of schools, as identified by the department in 2017; and identified as priority schools in 2018, as defined by the state's accountability system pursuant to ? 49-1-602; or
    (B) A school in the ASD on the effective date of this bill.

    (2) This amendment allows, as an alternative to enrollment in a private school, the student satisfying the compulsory school attendance through a home school operated under either of the following present law provisions: the provisions for home schools that teach K-12, where the parents are associated with and where students are enrolled with a church-related school that are supervised by the church-related school's director and that administer or offer standardized achievement tests; or the provision for enrollment by the parent-teacher of a home school student in a church-related school with the parent-teacher participating as a teacher in that church-related school.

    (3) This amendment adds the following to the list of allowable expenses under this bill: payment for purchase of curriculum, including any supplemental materials or instruments required by the curriculum; and services provided under a contract with a public school, including individual classes or extracurricular programs. This amendment removes "technology fees" from the list of allowable expenses.

    (4) This amendment removes the requirement for the parent or student, as applicable, to provide proof of legal presence in this country, and adds a requirement for the parent or student to verify that the student's household income meets the requirements of this bill by providing documentation showing evidence of income, including, but not limited to, pay stubs, W-2 forms, or income tax returns. Household income must be verified under this amendment when the parent or student, as applicable, submits an application to participate in the program and at least once every three years, according to the schedule and income-verification process developed by the department. This amendment adds that a student's participation in the program will terminate if the parent or student, as applicable: fails to verify that the participating student's household income meets the requirements of this bill according to the schedule and income-verification process developed by the department; or verifies, according to the schedule and income-verification process developed by the department, that the participating student's household income does not meet the requirements of this bill.

    (5) This amendment removes this bill's criteria for a participating student's eligibility to participate in a sport sanctioned by an association that regulates interscholastic athletics for the first year in which the student attends a participating school.

    (6) This amendment requires the department to establish an application process that provides a timeline, before the start of the school year for which an application is being submitted, when a parent of a student, or a student who has reached the age of 18, as applicable, must submit an application to participate in the program. If the application is approved, then the student may participate in the program beginning with the school year identified in the application. If a participating student exits the program, then the student's parent, or the student, as applicable, may reapply to participate in the program in accordance with the application process and timeline established by the department. This amendment also requires the department to establish an income verification process.

    (7) This amendment revises the provisions governing the number of participating students to be as follows: the number of participating students that may enroll in the program from any one LEA, as described above in (1)(A) of this amendment summary, or from any one school, as described above in (1)(B) of this bill summary, must not exceed: for the first school year of operation, 5,000 students; and for the second school year of operation and for each school year thereafter, 7,500 students. Under this amendment, the maximum number of students that may participate in the program is 15,000 students.

    (8) This amendment revises the process that will be followed when applications are less than or more than maximum allowable amount of students to make the provisions applicable to situations where applications do or do not exceed 75 percent of the maximum number of students that may participate in the program.

    (9) This amendment specifies that the maximum annual amount to which a participating student is entitled under this bill must not exceed the average state BEP allocation per pupil combined with the average required local match per pupil.

    (10) This amendment revises the provisions governing the amount and method of awarding a school improvement grant to an LEA for the first three fiscal years in which the program accepts participating students, as described above in the summary for House Amendment #2, which provides for a different percentage depending on the fiscal year of the program. This amendment instead provides that the grant will be in an amount equal to the ESA amount and revises the provision for grants to LEAs that have priority schools but no participating students so that after the first three fiscal years in which the program accepts participating students the department will disburse any appropriations to the fund as school improvement grants for programs to support priority schools.

    (11) This amendment removes the requirements added by House Amendment #11 regarding TCAP tests for science and social studies.

    (12) This amendment removes the provision whereby, if a person knowingly uses ESA funds for non-allowable expenses, the department may refer the matter to the appropriate enforcement authority for criminal prosecution.

    (13) Replaces the requirement for an annual report from the department to the general assembly that includes a list of the LEAs with at least one school among the bottom 5 percent of schools in overall achievement for the most recent year in which the department collected such a recommendation for legislative action if, based upon the list provided, the group of LEAs whose students are eligible for participation is no longer consistent with the intent of this legislation. This amendment instead requires the office of research and education accountability (OREA), in the office of the comptroller of the treasury, to provide a report to the general assembly to assist the general assembly in evaluating the efficacy of the program. The report must include, in compliance with all state and federal student privacy laws:
    (A) The information contained in the department's annual report prepared pursuant to this bill (includes number of participating students; assessment information; graduation outcomes; and results of a parental satisfaction survey);
    (B) Academic performance indicators for participating students in the program;
    (C) Audit reports prepared by the comptroller;
    (D) A list of the LEAs that meet the requirements described in (1)(A) and (B) of this amendment summary for the most recent year in which the department collected such information; and
    (E) Recommendations for legislative action if, based upon the list provided pursuant to (D), the LEAs with students who are eligible to participate in the program is no longer consistent with the intent of this legislation.

    (14) This amendment removes this bill's provision that a local board does not have authority to assert a cause of action, or intervene in any cause of action, challenging the legality of this bill.

    (15) This amendment removes the provision added by House Amendment #12, which specifies that an ESA is a state or local public benefit for purposes of the Eligibility Verification for Entitlements Act.

    AMENDMENT #2 corrects a typographical error, makes technical clarifications, and makes the following substantive changes and additions to this bill:

    (1) This amendment specifies that the amount that a participating student receives under the program must not exceed "the combined statewide average of required state and local BEP allocations per pupil" instead of "the average state BEP allocation per pupil combined with the average required local match per pupil". This amendment adds a requirement that the department of education promulgate rules to annually calculate and determine the combined statewide average of required state and local BEP allocations per pupil;
    (2) This amendment requires that the department's annual report concerning the program include "participating student performance on annual assessments required by this bill, aggregated by LEA and statewide" instead of "aggregate participating student performance on annual assessments required by this bill";
    (3) This amendment adds a requirement that data from the TCAP tests that are annually administered to participating students in grades three through 11 be used to determine student achievement growth, as represented by the Tennessee Value-Added
    Assessment System (TVAAS), for schools that participate in the program. This amendment further requires the department of education to make the TVAAS score of each participating school publicly available on the department's website; and
    (4) This amendment clarifies OREA's responsibility to report certain data with regard to the achievement school district.

    ON APRIL 29, 2019, THE HOUSE NON-CONCURRED IN SENATE AMENDMENTS #5 AND #2.

    ON APRIL 29, 2019, THE SENATE REFUSED TO RECEDE IN ITS ACTIONS IN ADOPTING SENATE AMENDMENTS #5 AND 2.

    ON APRIL 30, 2019, THE HOUSE REFUSED TO RECEDE FROM ITS NON-CONCURRENCE IN SENATE AMENDMENTS #5 AND #2 AND APPOINTED A CONFERENCE COMMITTEE.

    ON APRIL 30, 2019, THE SENATE APPOINTED A CONFERENCE COMMITTEE.

    ON MAY 1, 2019, THE HOUSE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE HOUSE.

    ON MAY 1, 2019, THE SENATE ADOPTED THE CONFERENCE COMMITTEE REPORT AND MADE IT THE ACTION OF THE SENATE.

  • FiscalNote for SB0795/HB0939 filed under HB0939
  • House Floor and Committee Votes

    HB0939 by Lamberth - FLOOR VOTE: MESSAGE CALENDAR 2 MOTION TO ADOPT CONFERENCE COMMITTEE REPORT 5/1/2019
    Passed
              Ayes...............................................51
              Noes...............................................46

              Representatives voting aye were: Baum, Boyd, Carter, Cepicky, Crawford, Curcio, DeBerry, Doggett, Dunn, Eldridge, Faison, Farmer, Garrett, Hall, Hazlewood, Helton, Hill M, Hill T, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Powers, Ragan, Reedy, Rudd, Rudder, Sanderson, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 51.
              Representatives voting no were: Beck, Bricken, Byrd, Calfee, Camper, Carr, Chism, Clemmons, Cochran, Coley, Cooper, Dixie, Freeman, Gant, Griffey, Hakeem, Halford, Hardaway, Haston, Hawk, Hicks, Hodges, Holsclaw, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Ramsey, Russell, Sexton C, Shaw, Staples, Stewart, Thompson, Towns, Travis, Vaughan, Weaver, Whitson, Windle -- 46.

    HB0939 by Lamberth - FLOOR VOTE: MESSAGE CALENDAR 2 PREVIOUS QUESTION MOTION TO ADOPT CONFERENCE COMMITTEE REPORT 5/1/2019
    Passed
              Ayes...............................................67
              Noes...............................................30

              Representatives voting aye were: Baum, Boyd, Bricken, Calfee, Carr, Carter, Cepicky, Cochran, Coley, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Farmer, Gant, Garrett, Halford, Hall, Haston, Hazlewood, Helton, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moody, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Terry, Tillis, Todd, Travis, Van Huss, Vaughan, Weaver, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Casada -- 67.
              Representatives voting no were: Beck, Byrd, Camper, Chism, Clemmons, Cooper, DeBerry, Dixie, Faison, Freeman, Hakeem, Hardaway, Hawk, Hodges, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Windle -- 30.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Failed
              Ayes...............................................50
              Noes...............................................48

              Representatives voting aye were: Baum, Boyd, Carter, Cepicky, Crawford, Curcio, Daniel, DeBerry, Doggett, Dunn, Eldridge, Faison, Farmer, Garrett, Hall, Helton, Hill M, Hill T, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Reedy, Rudd, Rudder, Sanderson, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, White, Williams, Zachary, Mr. Speaker Casada -- 50.
              Representatives voting no were: Beck, Bricken, Byrd, Calfee, Camper, Carr, Chism, Clemmons, Cochran, Coley, Cooper, Dixie, Freeman, Gant, Griffey, Hakeem, Halford, Hardaway, Haston, Hawk, Hazlewood, Hicks, Hodges, Holsclaw, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Ramsey, Russell, Sexton C, Shaw, Staples, Stewart, Thompson, Towns, Travis, Vaughan, Weaver, Whitson, Windle, Wright -- 48.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................70
              Noes...............................................28

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Calfee, Carr, Carter, Cepicky, Cochran, Coley, Crawford, Curcio, Daniel, DeBerry, Doggett, Dunn, Eldridge, Farmer, Gant, Garrett, Griffey, Halford, Hall, Haston, Hawk, Hazlewood, Helton, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Terry, Tillis, Todd, Travis, Van Huss, Vaughan, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Casada -- 70.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Faison, Freeman, Hakeem, Hardaway, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Sparks, Staples, Stewart, Thompson, Towns, Weaver, Windle -- 28.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................61
              Noes...............................................36

              Representatives voting aye were: Baum, Boyd, Bricken, Calfee, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Farmer, Gant, Garrett, Griffey, Halford, Hall, Haston, Helton, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton C, Sherrell, Smith, Terry, Tillis, Todd, Travis, Van Huss, Vaughan, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Casada -- 61.
              Representatives voting no were: Beck, Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Faison, Freeman, Hakeem, Hardaway, Hawk, Hazlewood, Hodges, Hurt, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Sanderson, Sexton J, Shaw, Sparks, Staples, Stewart, Thompson, Towns, Weaver, Windle -- 36.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 7 BY PARKINSON PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................61
              Noes...............................................29
              Present and not voting...................5

              Representatives voting aye were: Baum, Boyd, Bricken, Calfee, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Farmer, Gant, Garrett, Griffey, Halford, Hall, Helton, Hicks, Hill M, Hill T, Holsclaw, Holt, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 61.
              Representatives voting no were: Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Faison, Freeman, Hakeem, Hardaway, Hazlewood, Hodges, Howell, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Windle -- 29.
              Representatives present and not voting were: DeBerry, Haston, Ogles, Travis, Whitson -- 5.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR MOTION TO ADOPT AMENDMENT # 2 BY LYNN PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................65
              Noes...............................................26
              Present and not voting...................2

              Representatives voting aye were: Baum, Boyd, Bricken, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, DeBerry, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Hall, Haston, Hazlewood, Helton, Hicks, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, Weaver, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 65.
              Representatives voting no were: Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Freeman, Hakeem, Hardaway, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Windle -- 26.
              Representatives present and not voting were: Travis, Whitson -- 2.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 13 BY CLEMMONS PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................60
              Noes...............................................30
              Present and not voting...................3

              Representatives voting aye were: Baum, Boyd, Bricken, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Hall, Helton, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 60.
              Representatives voting no were: Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Freeman, Hakeem, Hardaway, Hazlewood, Hicks, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Weaver, Whitson, Windle -- 30.
              Representatives present and not voting were: DeBerry, Haston, Travis -- 3.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR MOTION TO ADOPT AMENDMENT # 11 BY LEATHERWOOD PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................66
              Noes...............................................24
              Present and not voting...................3

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Calfee, Carter, Cepicky, Cochran, Crawford, Curcio, DeBerry, Dixie, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Halford, Hall, Haston, Hazlewood, Helton, Hicks, Hill M, Hill T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Parkinson, Ramsey, Reedy, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, Weaver, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Casada -- 66.
              Representatives voting no were: Camper, Chism, Clemmons, Coley, Cooper, Daniel, Freeman, Hardaway, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Potts, Powell, Powers, Shaw, Staples, Stewart, Thompson, Towns, Windle -- 24.
              Representatives present and not voting were: Ragan, Rudd, Travis -- 3.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 9 BY MITCHELL PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................64
              Noes...............................................27
              Present and not voting...................3

              Representatives voting aye were: Baum, Boyd, Bricken, Byrd, Calfee, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Halford, Hall, Haston, Helton, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Keisling, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 64.
              Representatives voting no were: Camper, Chism, Clemmons, Coley, Cooper, Dixie, Freeman, Hakeem, Hardaway, Hazlewood, Hicks, Hodges, Jernigan, Johnson G, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Staples, Stewart, Thompson, Towns, Weaver, Windle -- 27.
              Representatives present and not voting were: DeBerry, Travis, Whitson -- 3.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 6 BY THOMPSON PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................62
              Noes...............................................29
              Present and not voting...................3

              Representatives voting aye were: Baum, Boyd, Bricken, Calfee, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Griffey, Hall, Haston, Helton, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 62.
              Representatives voting no were: Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Freeman, Hakeem, Hardaway, Hicks, Hodges, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Weaver, Windle -- 29.
              Representatives present and not voting were: DeBerry, Travis, Whitson -- 3.

    HB0939 by Lamberth - FLOOR VOTE: REGULAR CALENDAR LAY ON THE TABLE MOTION TO ADOPT AMENDMENT # 5 BY POWELL PASSAGE ON THIRD CONSIDERATION 4/23/2019
    Passed
              Ayes...............................................62
              Noes...............................................29
              Present and not voting...................2

              Representatives voting aye were: Baum, Boyd, Bricken, Calfee, Carr, Carter, Cepicky, Cochran, Crawford, Curcio, Daniel, DeBerry, Doggett, Dunn, Eldridge, Faison, Farmer, Gant, Garrett, Hall, Haston, Helton, Hill M, Hill T, Holsclaw, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Ramsey, Reedy, Rudd, Rudder, Russell, Sanderson, Sexton C, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, Vaughan, White, Williams, Wright, Zachary, Mr. Speaker Casada -- 62.
              Representatives voting no were: Byrd, Camper, Chism, Clemmons, Coley, Cooper, Dixie, Freeman, Hakeem, Hardaway, Hazlewood, Hicks, Hodges, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Shaw, Staples, Stewart, Thompson, Towns, Weaver, Windle -- 29.
              Representatives present and not voting were: Travis, Whitson -- 2.

              HB0939 by Lamberth - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/23/2019 4/18/2019
              Voice Vote - Ayes Prevail Rep(s). Camper, Shaw, Stewart, Windle requested to be recorded as voting No

              HB0939 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass. if am., ref. to Calendar & Rules Committee 4/17/2019
              Voice Vote - Ayes Prevail

              HB0939 by Lamberth - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Finance, Ways, and Means Committee 4/10/2019
              Voice Vote - Ayes Prevail Rep(s). Hazlewood, Hicks, Hill M requested to be recorded as voting No

              HB0939 by Lamberth - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Rec. for pass; ref to Finance, Ways, and Means Committee 4/1/2019
              Voice Vote - Ayes Prevail Rep(s). Calfee, Camper, Hardaway, Sexton C. requested to be recorded as voting No

    HB0939 by Lamberth - HOUSE EDUCATION COMMITTEE:
    Rec. for pass. if am., ref. to Government Operations Committee 3/27/2019
    Passed
              Ayes...............................................14
              Noes................................................9
              Present and not voting...................1

              Representatives voting aye were: Baum, Cepicky, DeBerry, Dunn, Hurt, Leatherwood, Moody, Ragan, Rudder, Sexton J, Weaver, White, Williams, Mr. Speaker Casada -- 14.
              Representatives voting no were: Byrd, Cochran, Coley, Dixie, Hodges, Love, Parkinson, Vaughan, Windle -- 9.
              Representatives present and not voting were: Haston -- 1.

              HB0939 by Lamberth - HOUSE CURRICULUM, TESTING, & INNOVATION SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Education 3/19/2019
              Voice Vote - Ayes Prevail Rep(s). Dixie, Leatherwood requested to be recorded as voting No

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB0939

    HB0939 by Lamberth - FLOOR VOTE: Motion to Adopt Conference Committee Report 5/1/2019
    Passed
              Ayes...............................................19
              Noes...............................................14

              Senators voting aye were: Bell, Bowling, Crowe, Gresham, Haile, Hensley, Jackson, Johnson, Kelsey, Lundberg, Pody, Powers, Reeves, Roberts, Rose, Stevens, Watson, White, Mr. Speaker McNally -- 19.
              Senators voting no were: Akbari, Bailey, Briggs, Dickerson, Gardenhire, Gilmore, Kyle, Massey, Niceley, Robinson, Southerland, Swann, Yager, Yarbro -- 14.

    HB0939 by Lamberth - FLOOR VOTE: as Amended Third Consideration 4/25/2019
    Passed
              Ayes...............................................20
              Noes...............................................13

              Senators voting aye were: Bell, Bowling, Crowe, Gardenhire, Gresham, Haile, Hensley, Jackson, Johnson, Kelsey, Lundberg, Pody, Powers, Reeves, Roberts, Rose, Stevens, Watson, White, Mr. Speaker McNally -- 20.
              Senators voting no were: Akbari, Bailey, Briggs, Dickerson, Gilmore, Kyle, Massey, Niceley, Robinson, Southerland, Swann, Yager, Yarbro -- 13.

    SB0795 by Johnson - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 6, Nays 5 PNV 0 4/23/2019
    Passed
              Ayes................................................6
              Noes................................................5

              Senators voting aye were: Gardenhire, Haile, Johnson, Kelsey, Stevens, Watson -- 6.
              Senators voting no were: Briggs, Gilmore, Hensley, Yager, Yarbro -- 5.

    SB0795 by Johnson - SENATE EDUCATION COMMITTEE:
    Recommend for passage with amendment, refer to Senate Finance, Ways & Means Committee 4/10/2019
    Passed
              Ayes................................................6
              Noes................................................3

              Senators voting aye were: Bell, Crowe, Gresham, Haile, Kelsey, Lundberg -- 6.
              Senators voting no were: Akbari, Dickerson, Hensley -- 3.