Some lawmakers, parents and educators had hoped for a host of changes to Tennessee’s third-grade retention law before it takes effect this spring.
But only a handful of tweaks are currently moving forward in the state legislature.
Unless changes are made during this session, the law would hold back third graders who score “approaching” or “below” proficient on the English section of the state’s main standardized test, known as TCAP. Alternatively, students can participate in extra tutoring, summer learning loss camp or both, depending on how poorly they performed.
The risk of thousands of students having to repeat third grade or receive extra instruction has prompted legislators to revisit the law, which was passed amid high concerns that students were falling behind during the pandemic. On Tuesday, a bill sponsored by House Education Administration Chairman Mark White, R-Memphis, passed in subcommittee. A similar bill passed in the Senate Education Committee Wednesday.
The amendments would make three main changes to the law.
The first would offer a pathway for certain students who score less than proficient on TCAP to move on to fourth grade. It applies to students who score “approaching” proficient, the second-lowest category out of four. The measure would allow them to move forward, if they scored in at least the 50th percentile on their most recent benchmark test, a lower-stakes state exam that measures students’ progress ahead of the TCAPs.
However, the Senate version of the bill would also require schools to provide tutoring to these students for the entirety of the next school year.
The second tweak would make it easier to appeal a retention decision. Under the current law, parents and guardians are the only ones who can ask the state to reconsider. The amendment would allow principals, guidance counselors and teachers to help file an appeal on behalf of a parent if they get written consent.
The measure’s co-sponsor, Rep. Scott Cepicky, R-Culleoka, said that would give parents more support navigating the state’s process.
“They don’t know how the system works. It’s very complex and cumbersome to them,” Cepicky said.
During discussion of the proposal, Rep. Sam McKenzie, D-Knoxville, asked whether the change would allow school employees to start the appeal process, especially for students whose parents aren’t as involved. Cepicky said the appeal would still need to be initiated by a parent or guardian.
The third major change would automatically assign tutors to students who are held back in grades K-3. There’s broad agreement that Tennessee needs to do more to support students at a younger age to prevent them from falling behind in the first place. Cepicky hinted at a proposal from the governor’s administration that would expand learning interventions down to lower grade levels.
The Senate version of the bill would also require the state Department of Education to document how many struggling third graders participate in the summer camp and tutoring programs.
Read the full House version of the proposed changes here and the Senate version here (starting on page 2.)
But these reforms aren’t what educators like Olivia Cook were hoping for. She teaches special education for grades 3-5 in McMinn County.
“I feel like these conversations need to be so much deeper. We need to be listening to parents and teachers more,” Cook said.
Other bills that she supported, like one that would give the final say on retention back to school districts, appear to have been dropped for the legislative session. She said retention decisions should be made by locals who know students on an individual level.
The bills still have a way to go before getting final approval. Meanwhile, Tennessee third graders will start taking their TCAP exams in just a few weeks.
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