Department of State Division of Publications 312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: public•ations.informalion@tn.gov

Emergency Rule Filing Form

For Department of State Use Only

Sequence Number:

Rule ID(s): ______ _

File Date: --- ----Last Effective Day: -------

Emergency rules are effective from date of filing, unless otherwise stated in the rule, for a period of up to 180 days.

~ g_ency/Board/Commission: State Board of Education Division: N/A "·

Contact Person: Angie Sanders Address: 500 James Robertson Parkway 5th Floor

Zip: 37243 Phone: 615 253-5707 Email: Angela.C.Sanders@tn.gov

Revision Type (check all that apply): X Amendment

New Repeal

Statement of Necessity: The following emergency rules are authorized by Public Chapter 652 of 2020. Public Chapter 652 of 2020 gave the State Board the power to promulgate emergency rules to address issues arising from the closure of schools due to the COVID-19 public health emergency.

This revision amends State Board Continuous Learning Plans Rule 0520-01-17, which established the expectation for local education agencies (LEAs) and public charter schools to develop Continuous Learning Plans (CLPs) for the 2020-21 school year. CLPs address how the LEA or public charter school will continue to provide quality instruction to students in the event of COVID-19 related disruptions to traditional school operations during the 2020-21 school year. The proposed revisions clarify that CLPs that received final approval from the Department of Education are effective through the end of the 2020-21 school year for the purpose of addressing COVID-19 related disruptions. The amendatory language also clarifies that CLPs may be used by LEAs or charter schools who have exhausted stockpile days under T.C.A. § 49-6-3004(e)(1) due to COVID-19.

Additionally, it is the duty of the State Board to set requirements for academic programming, including instructional requirements and grading systems for high school students to ensure they are prepared for success in postsecondary and career. End-of-Course exams (EOCs) assess student knowledge in several high school course areas. Currently, State Board rule provides that EOG scores will account for 15 - 25% of a student's grade in the course, with local boards of education determining the exact percentage. The proposed emergency rule will allow local school boards the flexibility to set a percentage between zero (0) - 25% for which EOG exams will count toward student final grades for the 2020-21 school year only. This will allow local school districts to make determinations regarding the inclusion of EOG scores in high school students' final grades in order to address disruptions to regular instruction due to COVID-19.

Rule(s) Revised (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row.)

SS-7040 (March 2020) 1 RDA 1693

11-17-209418-941911/19/20205/18/2021

Chapter Number Chapter Title 0520-01-17 Continuous Learninq Plans Rule Number Rule Title 0520-01-17-.01 Continuous Learninq Plans for the 2020-21 School Year

Chapter Number Chapter Title 0520-01-03 Academic and Instructional Requirements Rule Number Rule Title 0520-01-03-.03 Academic Program Requirements

SS-7040 (March 2020) 2 RDA 1693

AMENDED RULES

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-01-17 CONTINUOUS LEARNING PLANS

AMEND Rule 0520-01-17-.01 by adding a new paragraph (14) which shall read as follows:

0520-01-17-.01 CONTINUOUS LEARNING PLANS FOR THE 2020-21 SCHOOL YEAR

(14) If a local education agency or public charter school's continuous learning plan has received final approval from the Department of Education pursuant to this rule and State Board COVID-19 Continuous Learning Plan Policy 3.210, such approval shall be effective through the end of the 2020-21 school year to allow a local education agency or public charter school who operates under an approved continuous learning plan to be credited with an instructional day. Implementation of the local education agency or public charter school's approved continuous learning plan shall be for the sole purpose of addressing COVID-19 related disruptions to one.11) or more students, schools, or district-wide school operations in the 2020-21 school year. If a local education agency or public charter school has exhausted stockpile days accumulated pursuant to T.C.A. § 49-6-3004(e)(1) due to COVID-19, the approved continuous learning plan may also be used during the 2020-21 school year to address disruptions due to dangerous or extreme weather conditions, natural disaster, serious outbreaks of illness affecting or endangering students or staff or dangerous structural or environmental conditions rendering a school unsafe for use.

Authority: T.C.A. §§ 49-1-104(h), 49-1-302, and 49-6-3004; Title 49, Chapter 16; and Public Chapter 652 of 2020. Administrative History: Emergency rules filed July 2, 2020; effective through December 29, 2020. Emergency rules filed August 26, 2020; effective through February 22, 2021.

November, 2020 (Revised) 3

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-01-03 ACADEMIC AND INSTRUCTIONAL REQUIREMENTS

AMEND Rule 0520-01-03-.03 by adding a new paragraph (11 )(h) which shall read as follows:

0520-01-03-.03 ACADEMIC PROGRAM REQUIREMENTS

(11) State-mandated student testing programs shall be undertaken in accordance with procedures published by the Department of Education.

(a) State-mandated assessments shall be given for grades three through eleven (3-11 ).

(b) End-of-course examinations shall be given in English I, English II, Algebra I, Geometry, Algebra 11, Integrated Math I, Integrated Math 11, Integrated Math 111, U.S. History, and Biology I.

(c) A comprehensive writing assessment shall be conducted in at least one (1) grade within elementary, middle grades, and high school as part of the state-mandated assessment program.

(d) The Department of Education shall provide raw score data from the end-of-course examinations to each LEA for the purpose of including student scores on the examinations into a student's final grade for the course. The weight of the examination on the student's final average shall be determined by the LEA from a range of not less than fifteen percent (15%) and not more than twenty-five percent (25% ). If an LEA does not receive its students' end-of-course examination scores at least (5) instructional days before the scheduled end of the course, then the LEA may choose not to include its students' examination scores in the students' final average.

(e) Each local school board shall adopt a policy that details the methodology used and the required weighting for incorporating students' scores on end of course examinations into final report card grades.

(f) Local school boards shall adopt a policy regarding security of test administration, consistent with Department of Education guidelines.

(g) The Department of Education shall annually report to the State Board the number and percentage of students who scored below but were promoted to the next grade level by the LEA. This data shall be disaggregated by subgroups similar to those required for federal reporting.

(h) Notwithstanding paragraph (11 )(d), for the 2020-21 school year, the weight of end-of-course examinations in a student's final grade for the course may be determined by the LEA from a range of zero percent (0%) to twenty-five percent (25%).

Authority: T.C.A. §§ 49-1-302, 49-6-201, 49-6-3001, and 4-3-1422 and Public Chapter 652 of 2020. Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978; effective March 30, 1978. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed July 19, 1982; effective October 13, 1982. Repeal and new rule filed April 18, 1983; effective May 18, 1983. Amendment filed June 10, 1983; effective September 14, 1983. Amendment filed June 27, 1984; effective

November, 2020 (Revised) 4

July 27, 1984. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed July 21, 1992; effective October 28, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed March 28, 2002; effective July 29, 2002. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed March 1, 2005; effective July 29, 2005. Amendment filed September 6, 2007; effective January 28, 2008. Amendment filed April 30, 2009; effective August 28, 2009. Amendment filed October 20, 2009; effective March 31, 2010. Amendment filed March 25, 2010; effective August 29, 2010. Amendment filed December 19, 2012; effective May 30, 2012. Amendments filed March 21, 2012; effective August 29, 2012. Amendment filed February 6, 2013; effective July 29, 2013. Amendment filed May 22, 2015; effective August 20, 2015. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019.

November, 2020 (Revised) 5

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Lillian Hartgrove X Bob Eby X Darrell Cobbins X Larrv Jensen X Gordon Ferguson X Elissa Kim X Mike Edwards X Nick Darnell X Nate Morrow X Garren Hamby X

I certify that this is an accurate and complete copy of an emergency rule(s), lawfully promulgated and adopted.

Sign:.::::~ o.a~ Name of Officer: _A_ ng_i_e_S_a_n_d_e_rs ____ _ _________ _

Title of Officer: General Counsel

Agency/Board/Commission: State Board of Education -------------------- ----------Rule Chapter Number(s): 0520-01-17-.01 ; 0520-01-03-.03

All emergency rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

November, 2020 (Revised)

Herbert H. ,-,,,...,...-.rv 111 Attorney General and Reporter

"/ ,1 /2-0,,,_ I r Date

Filed with the Department of State on: ______ _ _______ _

Effective for: _____________ *d.....;,a_.,y...;.,s_

Effective through: _ _________ ____ _

* Emergency rule(s) may be effective for up to 180 days from the date of filing.

6

Tre Hargett Secretary of State

11/19/2020

180

5/18/2021

IE21AMHRG Date Stamp

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly.)

No impact.

November, 2020 (Revised) 7

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

This revision amends State Board Continuous Learning Plans Rule 0520-01-17, which established the expectation for local education agencies (LEAs) and public charter schools to develop Continuous Learning Plans (CLPs) for the 2020-21 school year. CLPs address how the LEA or public charter school will continue to provide quality instruction to students in the event of COVID-19 related disruptions to traditional school operations during the 2020-21 school year. The proposed revisions clarify that CLPs that received final approval from the Department of Education are effective through the end of the 2020-21 school year for the purpose of addressing COVID-19 related disruptions. The amendatory language also clarifies that CLPs may be used by LEAs or charter schools who have exhausted stockpile days under T.C.A. § 49-6-3004(e)(1) due to COVID-19.

Additionally, it is the duty of the State Board to set requirements for academic programming, including instructional requirements and grading systems for high school students to ensure they are prepared for success in postsecondary and career. End-of-Course exams (EOCs) assess student knowledge in several high school course areas. Currently, State Board rule provides that EOG scores will account for 15 - 25% of a student's grade in the course, with local boards of education determining the exact percentage. The proposed emergency rule will allow local school boards the flexibility to set a percentage between zero (0)- 25% for which EOG exams will count toward student final grades for the 2020-21 school year only. This will allow local school districts to make determinations regarding the inclusion of EOC scores in high school students' final grades in order to address disruptions to regular instruction due to COVID-19.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

Public Chapter 652 of 2020 gave the State Board of Education authority to promulgate emergency rules addressin issues as a result of COVID-19.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

These rules impact local education agencies and charter schools offering instruction pursuant to an approved CLP and any local education agency or charter school serving high school students. This rule also impacts students enrolled in high school courses with an associated End of Course Assessment. These rules were developed in consultation with the Department of Education, Tennessee School Boards Association, and the Tennessee Organization of School Superintendents. The State Board of Education and Department of Education ur e ado tion. The State Board was not contacted b an affected arties ur in re·ection.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

NIA

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

None.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

I Angie Sanders November, 2020 (Revised) 8

Angela.C.Sanders@tn.gov

Nathan James Nathan.James@tn.gov

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Angie Sanders Angela.C.Sanders@tn.gov

Nathan James Nathan.James@tn.gov

Jay Klein Ja .Klein

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Angie Sanders 500 James Robertson Parkway, 5th Floor Nashville, TN 37243 (615) 253-5707 Angela.C.Sanders@tn.gov

Nathan James 500 James Robertson Parkway, 5th Floor Nashville, TN 37243 (615) 532-3528 Nathan.Jarnes@tn.gov

Jay Klein 710 James Robertson Parkway, 9th Floor Nashville, TN 37243 (615) 260-4420 Jay.Kleln@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

N/A

November, 2020 (Revised) 9

AMEND Rule 0520-01-17-.01 by adding a new paragraph (14) which shall read as follows:

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-01-17 CONTINUOUS LEARNING PLANS

0520-01-17-.01 CONTINUOUS LEARNING PLANS FOR THE 2020-21 SCHOOL YEAR (1) As used in this chapter:

(a) “Authorizer” has the same meaning given in T.C.A. § 49-13-104. (b) “Charter Management Organization” or “CMO” means a non-profit entity that manages

or operates two (2) or more public charter schools.

(c) “The Department” means the Tennessee Department of Education. (d) “Instructional Time” means the amount of instruction provided through synchronous or

asynchronous instruction, or a combination of the two (2), as defined in this rule. To the extent practicable, instruction delivered remotely must be as commensurate in quality, rigor, and effectiveness as in-person instructional time.

(e) “LEA” means local education agency and has the same meaning given in T.C.A. § 49-1- 103(2).

(f) “Remote Instruction” means instruction that takes place when teachers are not providing in-person instruction to students within the traditional school setting. Remote instruction does not include operation of a virtual school pursuant to T.C.A. Title 49, Chapter 16 and State Board rules.

(g) “CLP” means continuous learning plan. (h) “State Board” means the Tennessee State Board of Education. (i) “Synchronous Instruction” means instruction provided by a Tennessee educator to a

student or students at the same time but not necessarily in the same place who engage in instruction while it occurs. This may include but not be limited to in-person instruction or telephonic, Internet-based, or other appropriate methods of communication as determined by the Department and may include full-class or small-group instruction or one-on-one instruction between student and teacher.

(j) “Asynchronous Instruction” means instruction provided by a Tennessee educator to students who participate in instruction at a separate time from when the teacher delivered the instruction. This may include but not be limited to methods such as printed work materials, teacher-assigned individual or group projects, audio- or video-recorded lessons, or online course modules, or other appropriate methods as determined by the Department.

(k) “Public Charter School” means a Tennessee public charter school authorized to operate

under T.C.A. Title 49, Chapter 13.

(2) Each LEA and Public Charter School shall develop a CLP for the 2020-21 school year that shall be submitted to the Department of Education for approval. A CMO may develop and submit one (1) CLP for all of the schools operated by the CMO in Tennessee. All Public Charter Schools shall provide their Authorizer a copy of the CLP submitted to the Department by the Public Charter School or the Public Charter School’s CMO. Public Charter Schools are encouraged to share their CLP with the Authorizer prior to submission of the CLP to the Department.

(3) The Department shall develop and provide LEAs and Public Charter Schools with a template for CLPs. The CLP template and any rubric utilized by the Department for evaluation of CLPs shall be posted on the Department’s website.

(4) LEAs and Public Charter Schools shall submit their CLP to the Department utilizing the CLP template no later than July 24, 2020. The Department shall be responsible for evaluation and approval of all submitted plans in accordance with the evaluation and approval process developed by the Department. The evaluation and approval process shall ensure CLPs adhere to the requirements of this rule, State Board COVID-19 Continuous Learning Plan Policy 3.210, and all applicable federal and state laws and rules, unless waived. The Department shall post information regarding the evaluation and approval process on the Department’s website. The Department shall report the outcomes of the approval process and common strategies and challenges identified in the CLPs to the State Board. An interim report shall be submitted no later than February 28, 2021, and a final report shall be submitted no later than July 31, 2021.

(5) The CLP shall address how the LEA or Public Charter School will continue to deliver quality

instruction during the 2020-21 school year in the event of future COVID-19 related disruptions to one or more students, schools, or district-wide school operations. The CLP shall address, at minimum, the following components as defined in State Board COVID-19 Continuous Learning Plan Policy 3.210: (a) Communications; (b) Monitoring implementation; (c) Access to instructional materials and technology; (d) Attendance procedures; (d) Educator and staff training; (e) Standards-based instruction; (f) Support for all students, including special populations and at-risk students; and (h) How the LEA or Public Charter School will meet the requirements of T.C.A. § 49-6-3004

and T.C.A. § 49-6-201(b)(2) during a COVID-19 related disruption to school operations, including:

1. If one (1) or more school buildings are closed and all instruction is being provided via Remote Instruction. The CLP shall include how the LEA or Public Charter School will provide students in grades one (1) through twelve (12) access to six and one half (6 ½) hours of Instructional Time each school day and students in Kindergarten with access to four (4) hours of Instructional Time each school day;

2. If one (1) or more school buildings are open but on a modified schedule or

operating with a reduced capacity. The CLP shall include how the LEA or Public Charter School will provide students in grades one (1) through twelve (12) access to six and one half (6 ½) hours of Instructional Time each school day and students in Kindergarten with access to four (4) hours of Instructional Time each school day.

3. If one (1) or more school buildings are open but the LEA or Public Charter School permits certain students to participate in Remote Instruction due to COVID-19 related reasons. The CLP shall include how the LEA or Public Charter School will provide students participating in Remote Instruction in grades one (1) through twelve (12) access to six and one half (6 ½) hours of Instructional Time each school day and students in Kindergarten with access to four (4) hours of Instructional Time each school day.

(6) The Instructional Time requirements set forth in paragraph (5)(h)1.-3. do not apply to students

being served under the homebound program, incarcerated students, and students in a residential mental health facility or court-ordered day-treatment program. Instructional Time requirements for students being served under the homebound program, incarcerated students, and students in a residential mental health facility or court-ordered day-treatment program shall comply with state law and state board rules governing these students.

(7) CLPs may address the following additional components as defined in State Board COVID-19

Continuous Learning Plan Policy 3.210:

(a) Stakeholder engagement; and

(b) Evaluating the effectiveness of the CLP.

(8) CLPs shall also:

(a) Provide students with disabilities access to instruction in a manner consistent with each student's individualized education program (IEP) or 504 plan. Remote Instruction supports shall be considered and included, as appropriate for the student, when an IEP or 504 plan is initially developed or at any subsequent review or revision of an IEP or 504 plan;

(b) Provide students who are English Learners access to instruction in a manner consistent with each student's individualized learning plan and with State Board English as a Second Language Program Policy 3.207;

(c) Address the needs of other at-risk student populations as defined in State Board High

School Policy 2.103;

(d) Align student grading expectations to the State Board’s Uniform Grading Policy 3.301 for students in grades 9-12 and to the LEA’s or public charter school’s locally adopted

grading policies for students in grades K-8, and, if applicable, for students in grades 9- 12; and

(e) Include a policy and/or procedure establishing standards governing daily student

attendance when students are participating in Remote Instruction, including, but not limited to, procedures for determining when a student is present, determining an excused versus unexcused absence, the internal attendance tracking system to be used, and how the LEA or Public Charter School will communicate attendance policies and/or procedures to parents and/or legal guardians. LEAs and Public Charter Schools shall address in their attendance policy and/or procedure potential interventions for addressing student absences during Remote Instruction. The reporting of attendance to the Department must be via the LEA or Public Charter School’s student information system utilizing the attendance code set by the Department;

(f) Include a process for monitoring the implementation of the CLP during the 2020-21

school year to ensure all components of the plan are implemented with fidelity; and (g) Comply with class size averages and maximums pursuant to T.C.A. § 49-1-104. If the

LEA or Public Charter School needs a waiver of class size averages in order to implement its CLP, a waiver request shall be submitted to the Commissioner of Education.

(9) Each LEA and Public Charter School shall post its approved CLP on its website and make a copy available to parents/legal guardians and students upon request. All approved CLPs shall also be posted on the Department’s website.

(10) After an LEA’s or Public Charter School’s CLP receives final approval, the LEA, an individual

school within the LEA, or Public Charter School shall be credited with an instructional day during the 2020-21 school year for all days in which the Public Charter School, LEA, or individual schools within the LEA, operated under the approved CLP. This includes days during which the LEA or Public Charter School implemented the CLP prior to final approval.

(11) An LEA or Public Charter School that continues instruction during a COVID-19 related disruption

to school operations in compliance with the LEA’s or Public Charter School’s approved CLP shall continue to receive Basic Education Program (BEP) funding as outlined in T.C.A. §§ 49-3-301, et seq.

(12) Remote Instruction provided by a non-virtual public school, including a public charter school,

pursuant to the LEA’s or public charter school’s approved CLP, shall be considered a virtual education program for purposes of compliance with T.C.A. § 49-1-104(h).

(13) For purposes of compliance with T.C.A. § 49-1-104(h), the following class size standards shall

apply to public virtual schools and virtual education programs for the 2020-21 school year:

(a) A public virtual school or virtual education program may increase the enrollment in virtual classes by up to twenty-five percent (25%) over the class size maximum established by T.C.A. § 49-1-104.

(b) Notwithstanding paragraph (13)(a), public virtual schools and virtual education programs

shall continue to comply with class size and case load requirements for special education as defined in State Board Policy 3.206. The public virtual school, public school, or public charter school shall review individual teachers’ student caseloads, and are strongly

encouraged to consult with the teacher when determining class sizes and student caseloads, to ensure that teachers can meet the needs of students, including students with disabilities, as determined by the Individuals with Disabilities Education Act (20 U.S.C. §§ 1400 et seq.), Section 504 of the Rehabilitation Act (29 U.S.C. §§ 701 et seq.), and any student's individualized education program.

(14) If a local education agency or public charter school’s continuous learning plan has received final

approval from the Department of Education pursuant to this rule and State Board COVID-19 Continuous Learning Plan Policy 3.210, such approval shall be effective through the end of the 2020-21 school year to allow a local education agency or public charter school who operates under an approved continuous learning plan to be credited with an instructional day. Implementation of the local education agency or public charter school’s approved continuous learning plan shall be for the sole purpose of addressing COVID-19 related disruptions to one (1) or more students, schools, or district-wide school operations in the 2020-21 school year. If a local education agency or public charter school has exhausted stockpile days accumulated pursuant to T.C.A. § 49-6-3004(e)(1) due to COVID-19, the approved continuous learning plan may also, be used during the 2020-21 school year to address disruptions due to dangerous or extreme weather conditions, natural disaster, serious outbreaks of illness affecting or endangering students or staff or dangerous structural or environmental conditions rendering a school unsafe for use.

Authority: T.C.A. §§ 49-1-104(h), 49-1-302, and 49-6-3004; Title 49, Chapter 16; and Public Chapter 652 of 2020. Administrative History: Emergency rules filed July 2, 2020; effective through December 29, 2020. Emergency rules filed August 26, 2020; effective through February 22, 2021.

AMEND Rule 0520-01-03-.03 by adding a new paragraph (11)(h) which shall read as follows:

RULES OF

THE STATE BOARD OF EDUCATION

CHAPTER 0520-01-03 ACADEMIC AND INSTRUCTIONAL REQUIREMENTS

0520-01-03-.03 ACADEMIC PROGRAM REQUIREMENTS

(11) State-mandated student testing programs shall be undertaken in accordance with procedures

published by the Department of Education.

(a) State-mandated assessments shall be given for grades three through eleven (3-11). (b) End-of-course examinations shall be given in English I, English II, Algebra I, Geometry,

Algebra II, Integrated Math I, Integrated Math II, Integrated Math III, U.S. History, and Biology I.

(c) A comprehensive writing assessment shall be conducted in at least one (1) grade within

elementary, middle grades, and high school as part of the state-mandated assessment program.

(d) The Department of Education shall provide raw score data from the end-of-course

examinations to each LEA for the purpose of including student scores on the examinations into a student’s final grade for the course. The weight of the examination on the student’s final average shall be determined by the LEA from a range of not less than fifteen percent (15%) and not more than twenty-five percent (25%). If an LEA does not receive its students’ end-of-course examination scores at least (5) instructional days before the scheduled end of the course, then the LEA may choose not to include its students’ examination scores in the students’ final average.

(e) Each local school board shall adopt a policy that details the methodology used and the

required weighting for incorporating students’ scores on end of course examinations into final report card grades.

(f) Local school boards shall adopt a policy regarding security of test administration,

consistent with Department of Education guidelines. (g) The Department of Education shall annually report to the State Board the number and

percentage of students who scored below but were promoted to the next grade level by the LEA. This data shall be disaggregated by subgroups similar to those required for federal reporting.

(h) Notwithstanding paragraph (11)(d), for the 2020-21 school year, the weight of end-of-

course examinations in a student’s final grade for the course may be determined by the LEA from a range of zero percent (0%) to twenty-five percent (25%).

Authority: T.C.A. §§ 49-1-302, 49-6-201, 49-6-3001, and 4-3-1422 and Public Chapter 652 of 2020. Administrative History: Original rule certified June 10, 1974. Amendment filed February 28, 1978;

effective March 30, 1978. Amendment filed April 14, 1980; effective May 28, 1980. Amendment filed July 19, 1982; effective October 13, 1982. Repeal and new rule filed April 18, 1983; effective May 18, 1983. Amendment filed June 10, 1983; effective September 14, 1983. Amendment filed June 27, 1984; effective July 27, 1984. Amendment filed June 28, 1984; effective July 28, 1984. Amendment filed May 28, 1986; effective June 27, 1986. Repeal and new rule filed March 16, 1992; effective June 29, 1992. Amendment filed July 21, 1992; effective October 28, 1992. Amendment filed September 1, 1992; effective December 29, 1992. Amendment filed October 11, 1995; effective February 28, 1996. Amendment filed April 29, 1996; effective August 28, 1996. Amendment filed May 31, 1996; effective September 27, 1996. Amendment filed May 28, 1999; effective September 28, 1999. Amendment filed August 31, 2001; effective December 28, 2001. Amendment filed March 28, 2002; effective July 29, 2002. Amendment filed June 30, 2003; effective October 28, 2003. Amendment filed March 1, 2005; effective July 29, 2005. Amendment filed September 6, 2007; effective January 28, 2008. Amendment filed April 30, 2009; effective August 28, 2009. Amendment filed October 20, 2009; effective March 31, 2010. Amendment filed March 25, 2010; effective August 29, 2010. Amendment filed December 19, 2012; effective May 30, 2012. Amendments filed March 21, 2012; effective August 29, 2012. Amendment filed February 6, 2013; effective July 29, 2013. Amendment filed May 22, 2015; effective August 20, 2015. Amendments filed October 25, 2017; effective January 23, 2018. Amendments filed March 20, 2018; to have been effective June 18, 2018. However, on May 24, 2018, the Government Operations Committee filed a 5-day stay; new effective date June 23, 2018. Amendments filed January 11, 2019; effective April 11, 2019.