LEGISLATIVE UPDATE 2014 Charles W Chuck Cagle and

LEGISLATIVE UPDATE 2014 Charles W. (Chuck) Cagle and Angela Sanders Lewis, Thomason, King, Krieg & Waldrop, P. C. (615) 259 -1366

• Schools, Charter – • As enacted, establishes the State Board of Education as a state-wide authorizer for charter HB 0702 BY *WHITE M schools in districts with at least one school on the ( SB 0830 BY priority school list. In the situation that the district *GRESHAM) denies a charter school’s application, the sponsor can appeal the denial to the State Board of Education (per usual) and the State Board can decide to grant the charter and Authorize the school. In that situation, the LEA would be given the opportunity to take over as the Authorizer. In districts without a priority school the current process remains unchanged. - Amends TCA Title 49. State-Wide Charter School Authorizer

HB 1129 BY *HILL T (SB 1266 BY *NICELEY) History Instruction • Education, Curriculum – • As enacted, requires emphasis on American foundational instruments and instruction in American historical achievement. Includes both Tennessee and United States History. Speaks to specific topics that textbooks must cover. LEA’s must report to the Commissioner regarding their compliance with this law. - Amends TCA Title 49.

• Education – • As enacted, enacts the "Religious Viewpoints Antidiscrimination Act". Requires LEA’s to treat student’s voluntary expression of a religious HB 1547 BY *ROGERS viewpoint in the same manner as a secular viewpoint. (SB 1793 BY *HAILE) If the LEA allows student speakers at a school event, the LEA must create a limited public forum pursuant PUBLIC CHAPTER 654 to the Act. The student may express a religious viewpoint if certain requirements of the Act (and model TSBA policy adopted by the LEA or an alternate policy adopted by the LEA) are followed. Requires neutral criteria for speaker selection and prohibits vulgar and obscene speech. Requires that a disclaimer be made orally, in writing or both that the student’s speech does not reflect the endorsement, sponsorship or expression of the LEA. Provides for treatment of religious clubs and religious student Religious Viewpoints groups in the same manner as secular student clubs/groups. - Amends TCA Title 49, Chapter 10 and Title 49, Chapter 6.

• Education – • As enacted, establishes requirements for the adoption of educational standards; prohibits use of student data for HB 1549 BY *DUNN purposes other than tracking academic progress and (SB 1835 BY educational needs of students. Requires districts to adopt a model student records policy prior to the 2015 -16 school *GRESHAM) year. Prohibits schools from collecting individual student data on political affiliation, religion, voting history and firearms ownership. Requires the state board to post any proposed change or addition to educational standards on the state board’s website and requires the state board to submit the proposed change or addition for approval to the education committees of the House and Senate. Prohibits the state board from adopting common standards in social studies or science unless at least 60 days’ notice is given to the education committees of the PARCC & Common Core House and Senate. Provides for a one year delay of the PARCC assessment. TCAPs will continue to be given in 2014 -15 school year. During that year, the department will ask for bids for a test to replace TCAP. - Amends TCA Title 49.

HB 1507 BY *TRAVIS (SB 1966 BY *BELL) PUBLIC CHAPTER 743 School Buses • School Transportation – • As enacted, extends the allowable number of years for a school bus to be in service to 18 years; revises other provisions relating to the use and inspection of school buses. Allows school buses to remain in service after 18 years if they have less than 200, 000 miles. Requires inspection (by the commissioner/designee) of buses in use 15 years or less at least once a year. Requires inspection for buses in use for more than 15 years at least twice a year - Amends TCA Title 49, Chapter 6, Part 21.

HB 1906 BY *HOLT (SB 1425 BY *CAMPFIELD) PUBLIC CHAPTER 687 • Education – • As enacted, allows LEAs to teach the history of traditional winter celebrations; allows students and staff to use traditional greetings of such celebrations; and allows LEAs to display winter celebration scenes or symbols if the display includes a scene or symbol of more than one religion or one religion and one secular scene or symbol. - Amends TCA Title 49. Religion/Winter Celebrations

HB 1654 BY *COLEY (SB 1786 BY *TATE) PUBLIC CHAPTER 692 Student Discipline Records • Students – • As enacted, requires an LEA in which a student is transferring to another school to send the student's records, including disciplinary records, to the school to which the student transfers; requires an LEA from which a student is transferring to another LEA to send the student's records, including disciplinary records, to the LEA to which the student transfers; requires LEAs in transferring records to comply with FERPA. Amends TCA Title 49.

• Local Education Agencies – • As enacted, authorizes LEAs to adopt a salary HB 1381 BY schedule that is identical in either structure or *FORGETY designated salary levels or both to the salary (SB 1856 BY *CROWE) schedule the LEA had in place during the 20122013 school year, with such schedule containing steps for each year of service up to and including 20 years and for the attainment of advanced degrees at the level of masters, masters plus 45 hours of graduate credit, specialist in education and doctor of education or doctor of philosophy; the schedule may not result in the reduction of the salary of a teacher employed by the LEA at Salary Schedules the time of the adoption of the salary schedule. Amends TCA Title 49, Chapter 1; Title 49, Chapter 2; Title 49, Chapter 3 and Title 49, Chapter 5.

• Health Care – • As enacted, adds administration of insulin to HB 1383 BY *SEXTON medications school personnel may volunteer to (SB 1445 BY administer. Volunteers must be trained by a *DICKERSON) registered nurse. Properly trained volunteers can administer glucagon in emergency situations PUBLIC CHAPTER and administer daily insulin to a student if a 614 school nurse is not available on site. The parent/guardian must give permission to have trained volunteer or school nurse to participate in the care of the student with diabetes. The parental consent must be kept in the student’s school records. Encourages the use of insulin pens. Training must be repeated annually and Administration of Insulin the competency of volunteers must be documented at least twice a year. - Amends TCA Title 49, Chapter 5.

SB 1464 BY *NORRIS (HB 1403 BY *MCMANUS) • • Liquor By The Drink • • Comptroller, State – requires the commissioner of revenue to distribute half of the proceeds of the gross receipts liquor-by-the-drink tax directly to the appropriate local official, either the city recorder or county trustee, who will then be required to further distribute the proceeds. Except in Hamilton County, for the 2014 -2015 school year, the proceeds that are directed to the appropriate local official generally must be distributed as follows: – (1) One half for the school system that is located where the tax was collected, to be adjusted based on average daily attendance in cases where multiple school systems are located in the same jurisdiction or where a school system is located in more than one jurisdiction; and – (2) One half to the county general fund for proceeds collected in unincorporated areas or to the city or town for proceeds collected in incorporated areas. - Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 9; Title 49; Title 57 and Title 67. Opportunity to enter into agreement to resolve issues by Aug. 31, 2014. If by December 31, 2014 the parties have failed to enter into an agreement and failed to seek equitable relief in chancery court or pursue arbitration, then they are barred from pursuing any relief for proceeds received prior to July 1, 2014.

HB 1989 BY *WHITE D (SB 2285 BY *DICKERSON) PUBLIC CHAPTER 721 Charter Schools • Schools, Charter • As enacted, revises the provisions governing the revocation or nonrenewal of a public charter school agreement. Provides that a charter school agreement shall be revoked or denied renewal immediately following the school year after the charter school is identified as a priority school. Entitles these schools to review by the DOE to verify accuracy of priority school designation. Sets up procedure/transition team for closing the school. - Amends TCA Title 49.

HB 2108 BY *BROOKS H (SB 2250 BY *MASSEY) Teacher Evaluations • Teachers, Principals and School Personnel – • As enacted, permits teachers and principals to select the student achievement measures that represent 15 percent of their evaluations, if they cannot agree with their evaluators on what should be used; requires the department of education to verify the evaluation measures to ensure that the evaluations correspond with the teaching assignment of each individual teacher and the duty assignments of each individual principal. - Amends TCA Title 49.

HB 2133 BY *RAGAN (SB 2311 BY *MCNALLY) Sick Leave Bank • Local Education Agencies – • As enacted, authorizes LEAs that have established a teacher sick leave bank to allow employees who are not teachers, but who accrue sick leave (Classified Employees) to participate in the LEA's teacher sick leave bank or classified employee sick bank. Amends TCA Title 49, Chapter 5, Part 7 and Title 49, Chapter 5, Part 8.

• Education – • As enacted, requires dissemination by the department of education and LEAs to parents of information concerning state and LEA mandated tests. LEA’s must post on their web sites and student handbook information about state mandated tests that will be administered during the next school year. The information must include the name of the test, the purpose and use of the test, the grade or class in which the test is to be administered, the tentative date or dates on which the test will be administered and how and when parents and students will be informed of Mandated the results of the tests. -Amends TCA Testing Information Title 49. HB 2167 BY *BUTT (SB 2404 BY *HENSLEY)

HB 2217 BY *WEAVER (SB 2073 BY *HAILE) PUBLIC CHAPTER 717 School Safety Plans • Local Education Agencies – • As enacted, defines as confidential all information, records, and plans that relate to school security, the district-wide school safety plans or the building-level school safety plans; provides that meetings involving school security, the district-wide school safety plans or the building-level school safety plans are not subject to the open meetings laws. - Amends TCA Title 8; Title 10 and Title 49.

HB 2249 BY *CASADA (SB 1602 BY *BELL) • Textbooks – • As enacted, restructures the textbook commission and the textbook selection process. Gives three appointments each to the Governor and Speakers of House and Senate to Textbook commission; Mandatory training for members on textbook review; publishers must make all textbooks proposed available for online public inspection; allows for public comment; reduces bond required of textbook companies - Amends TCA Title 4 and Title 49. Textbook Commission

HB 2453 BY *MATHENY (SB 2559 BY *BOWLING) Review of Classroom Materials • Education – • As enacted, requires every LEA to allow parents to review all instructional materials used in the classroom of the parent's child; mandates the LEA to allow parents access to review all surveys and evaluations administered to the parent's child. - Amends TCA Title 49, Chapter 2 and Title 49, Chapter 6, Part 70.

HB 1758 BY *HAYNES (SB 1813 BY *MASSEY) Teacher License Renewal • Teachers, Principals and School Personnel – • As enacted, allows teachers scoring "significantly above expectations" on each of their last 3 evaluations to petition the commissioner of education for a waiver of any requirement for the renewal of their licenses. - Amends TCA Title 49, Chapter 5.

HB 1894 BY *MARSH (SB 2277 BY *DICKERSON) PUBLIC CHAPTER 704 Teacher Stipend • Basic Education Program (BEP) – • As enacted, clarifies $100 out of $200 be given to each teacher by October 31 so that the teacher may spend it at any time during that school year on instructional supplies as determined necessary by the teacher; requires LEA to send written explanation to education committees and commissioner for any noncompliance. Amends TCA Title 49, Chapter 3, Part 3.

HB 2082 BY *LOVE (SB 1863 BY *TATE) Attribution of TCAP Scores to Teachers • Teachers, Principals and School Personnel – • As enacted, amends the number of days (150/year or 75/block schedule) in which a student must be present in the classroom before the students TCAP scores are attributed to the specific teacher or school where the student is enrolled. - Amends TCA Title 49, Chapter 1, Part 6.

• • HB 1887 BY *DENNIS (SB 1851 BY *CAMPFIELD) • • Parent Teacher Conferences/Summer School Record Keeping • • Welfare – As introduced, creates the "Parental Involvement to End Poverty Act”; authorizes the department of human services, on or after July 1, 2014, to modify the parent or caretaker's amount of temporary assistance benefits upon the completion of various requirements. – Any parent or caretaker that applies for and receives temporary assistance will receive a temporary assistance grant if they meet certain requirements which include providing documentary evidence, in person, to the department of human services that the parent or caretaker has done of numerous things. These include: Showing that the parents successfully attended two or more parent-teacher conferences and met with as many of the child's teachers as are in attendance at the child's parent-teacher conferences in the past year, or attended two parent-teacher conferences since the child failed a course; Enrolled the child in and the child has attended an available and affordable tutoring program for each grade level or subject area that prevented the child from advancing to the next grade or from graduating. Enrolled the child in summer school in order that the child may obtain a passing grade in the failed subject or subjects that prevented the child from advancing to the next grade or from graduating; Amends TCA Title 71, Chapter 3, Part 1.

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