Select Bills of Interest
Introduction. Over 2000 bills were filed in this first year of the 107th Session of the Tennessee General Assembly. Over 200 of the bills relate to education. Many of the bills were filed within one day of the filing deadline of February 17, 2011. As such, a substantial portion of the bills have not yet been passed on first consideration (the first step in getting a bill before a committee) or been assigned or referred to committee.
The following is a select list of the education bills filed. They are grouped topically for ease of review. The status of the bill is noted below only where there has been committee action on the bill or the bill is currently on a committee calendar to be heard.
Directors of Schools
SB1848 by Crowe
HB1844 by Hill
As introduced, requires non-binding, retention referendum on the performance of the director of schools to be held every four years in coordination with the election of governor.No party designation shall appear on the ballot. The results of the referendum shall be advisory in nature and shall not bind the hiring or contract extension authority of the local board of education, but shall be utilized as a tool in evaluating the director of schools.
SB333 by Burks
HB184 by Windle
As introduced, provides for re-establishment of elected office of school superintendent for counties or cities upon two-thirds vote of governing body; any such ordinance or resolution once approved is not operative until approved in an election; provides for qualifications of candidates.
Fiscal note: If a county or city chooses to conduct an election prior to the expiration of an existing contract, the local government is responsible for satisfying any contractual obligation to an incumbent Director of Schools. Estimated Increase Local Expenditures – Exceeds $100,000/One-Time/Permissive.
Status: HB, placed on s/c calendar of General Sub of Education for 3/02/11; SB referred to Senate Education Comm., 2/9/11.
SB456 by Burks
No Companion Bill
As introduced, provides for re-establishment of elected office of school superintendent for counties or cities upon two-thirds vote of governing body; any such ordinance or resolution once approved is not operative until approved in an election; provides for qualifications of candidates.
SB1480 by Burks
HB1607 by McDonald
As introduced, requires the re-establishment of elected office of school superintendent for counties or cities operating schools systems; provides for qualifications of candidates.
SB787 by Campfield
HB902 by Nicely
As introduced, provides for re-establishment of elected office of school superintendent for certain counties or cities upon two-thirds vote of governing body; any such ordinance or resolution once approved is not operative until approved in an election; provides for qualifications of candidates.
SB1106 by Campfield
HB1372 by Nicely
As introduced, requires that the salary of the director of schools not be higher in any given fiscal year than the salary paid to the county mayor for the same fiscal year.
SB717 by Berke
HB735 by Brooks, H.
As introduced, requires notice of termination of director of schools to comply with same requirements as notice of extension of a director's contract; requires termination of contract of director of schools to be first item on the agenda of the board meeting at which such action is to be considered.
SB823 by Gresham
HB731 by Brooks, H.
As introduced, amends Section 49-5-409 regarding a director of schools’ nonrenewal and non-reelection of teachers by deleting the requirement that a director’s written notice of termination to the teacher contain a statement that such notice was authorized by a majority vote of the local board of education.
SB323 by Ketron
HB327 by Casada
As introduced, redefines "average final compensation" to cap such amount at the salary of a Class 1 official for persons in the Tennessee consolidated retirement system (TRCS). (Class 1 officers include commissioners of education, finance and administration, transportation, secretary of state, treasurer, and comptroller.)SB1995 by Stewart
HB2106 by Turner, M.
As introduced, prohibits any county, municipality or LEA from appropriating or using public funds generated from taxpayers to fund professional trade associations or associated public interest groups, including, without limitation, the Tennessee municipal league, the Tennessee school board association (TSBA) or the Tennessee secondary school athletic association (TSSAA); membership dues and necessary traveling expenses of school board members and directors of schools incurred in attending meetings of the TSBA may not be paid by use of public funds.
Tenure
HB0367by Dunn
SB0624 by Ketron
As introduced, allows the board of education to grant teachers tenure at any time between their third and tenth years of service; eliminates judicial review of decision to suspend or dismiss a teacher for incompetence, inefficiency, neglect of duty, unprofessional conduct or insubordination.
HB1388 by Brooks, H.
SB1914 by Woodson
As introduced, reforms system of K-12 teacher tenure, and provides that a probationary teacher shall be eligible for tenure status at any time when the teacher has been evaluated as an effective educator for two (2) consecutive years or, if in the fifth year as a probationary teacher, the teacher is evaluated as an effective educator. Further, if a tenured teacher is evaluated in any two (2) consecutive years as a less than effective educator, then the teacher shall lose tenure status and return to probationary status as a first yearprobationary teacher.
HB1878 by Carr
SB1407 by Gresham
As introduced, requires that employees without a teaching license are to be hired on an at-will basis rather than on a yearly contract and specifies that the director may only dismiss non-tenured, licensed employees for certain conduct.
Status: Note, SB bill, withdrawn, 2/18/11.
HB1898 by Hensley
SB1408 by Gresham
As introduced, requires the local board of education to maintain a record of teacher dismissal and suspension hearings of tenured teachers in addition to the results of those hearings.
HB2012 by McCormick
SB1528 by Norris
As introduced, changes date by which assignments for the following school year and notices of termination must be sent to school personnel from May 15 to June 15; specifies that director of schools must decide if a teacher is qualified for an open position; changes various requirements for obtaining tenure.
Licensure
SB688 by Summerville
HB1375 by Nicely
As introduced, removes licensure as a requirement for being employed as a teacher, principal or supervisor by an LEA; provides that notwithstanding any law or regulation requiring a license or permit to teach, after June 30, 2011, any person possessing a baccalaureate degree or a graduate degree from an accredited college or university shall be eligible for employment as a principal or teacher in any public elementary or secondary school in the state or as a supervisorin any LEA.
SB905 by Watson
HB1475 by Fogerty
As introduced, states that all local education agency employees in positions for which no teaching license is required shall be hired on an at-will basis.
SB1407 by Gresham
HB1878 by Carr
As introduced, mandates that employees without a teaching license be hired on an at-will basis rather than on a yearly contract and specifies that the director may only dismiss non-tenured, licensed employees for certain conduct
School Formation
Charter Schools
SB491 by Ketron
HB505 by Brooks, H.
As introduced, revises various provisions of the Tennessee Public Charter Schools Act, including eliminating caps on the number of charter schools and changing requirements for charter schools' prospective student population
SB1139 by Marrero
HB0118 by Hardaway
As introduced, expands student population eligible to attend charter schools to include certain children who have been in foster care.
SB1181 by Gresham
HB1618 by Brooks, H.
As introduced, allows cities that do not operate city school systems to sponsor charter schools.
SB1523 by Norris
HB1989 by McCormick
As introduced, allows any student in the charter school's jurisdiction to attend the school; authorizes the achievement school district to approve applications to create charter schools; removes the cap on the number of charter schools in the state. - Amends TCA Title 49, Chapter 13.
SB1708 by Woodson
No companion bill
As introduced, opens enrollment in charter schools to all students eligible to enroll in Tennessee public schools.
SB1709 by Woodson
HB1980 by Montgomery
As introduced, requires an LEA, in which a charter school operates, to make available annually a list of the LEA's vacant properties and space
Innovative Schools
SB252 by Woodson
HB175 by Brooks, H.
As introduced, allows LEAs to convert to a new form of school district to be known as an innovative school district; LEAs convert by entering into a negotiated contract with the state board of education providing for increased flexibility through exemption from certain laws and regulations in exchange for increased accountability, such accountability to include at least one student achievement measure. Submission of a 10-year strategic plan and public hearings are also required for LEA conversion. For the next two fiscal years, only county school systems may convert, and there is a cap of a total of five school system conversions. After 2012-2013, there will be no limit on the types and number of LEAs that may convert.
Virtual Schools
SB714 by Woodson
HB732 by Brooks, H.
As introduced, authorizes LEAs and the department of education to sponsor or establish virtual schools; enacts the "Virtual Public Schools Act."
SB874 by Gresham
HB1030 by Brooks
As introduced, enacts "The Virtual Public Schools Act."
Special School Districts
SB0025 by Norris
HB by Todd
As enacted, prescribes procedures to govern the abolition of certain special school districts; requires comprehensive transition plan; lifts ban on creation of municipal and special school districts in any county to which this act applies.
Status: Passed House and Senate on 2/10/11, signed by the Governor, 2/11/11, as Public Chapter No. 1.
SB727 by Tate
HB1771 by Miller
As introduced, abolishes all special school districts on July 1, 2012; requires municipal school districts and county school districts to attempt to consolidate by July 1, 2014.
SB1729 by Tate
HB0108 by Hardaway
As introduced, requires a city in which there is located a SSD with ADM of 10,000 or more and 75 percent of the district's students are eligible for free and reduced price lunch to maintain effort in funding such school system such that the governing body is prohibited from reducing funding, excluding capital outlay and debt service, below that provided by the governing body in the previous fiscal year (as adjusted for inflation), and from preparing a budget that directly or indirectly supplants or proposes to use state funds to supplant any operating funds provided by the governing body of the city in which the district is located.
HB0109 by Hardaway
No companion bill
As introduced, requires a city in which there is located a SSD whose boundaries are coterminous with the city's boundaries to maintain effort in funding such school system such that the governing body is prohibited from i) reducing funding, excluding capital outlay and debt service, below that provided in the previous fiscal year, as adjusted for inflation; ii) from preparing a budget, excluding capital outlay and debt service, that directly or indirectly supplants or proposes to use state funds to supplant any operating funds provided by the governing body of the city in which the district is located, and iii) including in the budget funds from the governing body that are less than the funds received by the LEA from the governing body in the previous fiscal year.
Teachers Professional Associations (and Labor)
SB113 by Johnson
HB130 by Maggart
As introduced, abolishes teachers unions’ ability to negotiate terms and conditions of professional service with local boards of education.
Status: SB, Senate Education Comm. recommended for passage w/ amendment; Ayes 6, Nays 3, 2/16/11; HB assigned to s/c of General Sub of Education, 2/9/11.
SB136 by Ketron
HB159 by Casada
As introduced, prohibits public employees from having a payroll deduction to a political action committee or for dues for membership organizations that use funds for political activities.
SB294 by Gresham
HB179 by Casada
As introduced, prohibits LEAs from denying equal access to LEA employees to all domestic professional employees' organizations offering membership to all certificated personnel.
Status: SB placed on Senate Education Comm. calendar for 2/23/2011; HB placed on s/c calendar for General Sub of Education for 2/23/2011.
SB362 by Gresham
No companion bill
As introduced, prohibits professional employees of a local school system or the department of education who are board members of professional education associations from receiving administrative leave to attend board meetings
SB401 by Campfield
HB599 by Casada
As introduced, requires certain political activities by labor organizations (including certain employee associations and unions for public and private sector employees) be funded separately through voluntary donations of members and not through regularly collected dues.
SB705 by Haynes
HB1138 by Moore
As introduced, allows certain local governmental entities to enter into memoranda of understanding with employee representative organizations.
SB751 by Gresham
HB147 by Casada
As introduced,removes specific reference to Tennessee Education Association (TEA) in permissible requests for assistance from state board of education and for speaker of the house's appointment to Tennessee financial literacy commission.
SB784 by Ketron
HB594 by Casada
As introduced, prohibits public employees from having a payroll deduction to a political action committee or for dues for membership organizations that use funds for political activities.
SB873 by Gresham
HB146 by Casada
As introduced, adds representative of the Professional Educators of Tennessee to current eligibility list for appointment by commissioner of education to state-level safety team to assist with compliance with the SAVE Act.
Status: HB placed on s/c calendar General Sub of Education for 2/23/2011; SB filed for introduction, 2/16/11.
SB1032 by Ketron
HB1833 by Miller, D.
As introduced, creates civil penalty for public employees engaged in a work stoppage; requires all documentation of labor negotiation with state employee associations be public record
SB1033 by Ketron
HB2019 by Holt
As introduced, amends provisions relating to criminal offenses against administration and against public health, safety, and welfare by prohibiting certain union and employee organization activities, including among others, engaging in behavior that may include picketing, mass picketing, or the targeted picketing of a residence.
SB1036 by Ketron
No companion bill
As introduced, requires a labor or employee organization in the public or private sector to obtain prior, voluntary, written approval for use of dues or fees paid by an employee to the organization and specifies other requirements relative to such dues or fees.
SB1412 by Marrero
HB2081 by Turner
As introduced, prohibits any local legislative body from negotiating with local police association or fireman association concerning the terms or conditions of professional service if no local boards of education are allowed to negotiate with a professional employees' organization or teachers' union concerning the terms or conditions of professional service.
SB1646 by Gresham
HB1733 by Casada
As introduced, prohibits LEAs from denying equal access to LEA employees to all domestic professional employees' organizations offering membership to all certificated personnel and removes prohibition against LEAs prohibiting communications on school premises.
SB1745 by Ketron
HB1747 by McDaniel
As introduced, enacts certain provisions concerning labor practices including right to secret ballots applicable to both public and private sector entities, and specifies additional prohibited actions and unfair labor practices.
Immigration/Residency
SB1351 by Finney, L.
HB1520 by Turner, M.
As introduced, requires certain public and private employers to use the federal work authorization system (e-verify), provided by the United States department of homeland security, to verify the legal status of employees; subject to a hearing, authorizes license suspension or revocation for failure to comply.
SB1760 by Ketron
HB1085 by Weaver
As introduced, requires persons enrolling children for the first time in public schools to submit the student's social security number, a visa as issued by the United States, or certain birth certificates; requires schools to submit certain enrollment information to the department of education for inclusion in the department's annual report.
BEP and Vouchers
SB274 by Berke
HB1356 by Dennis
As introduced, requires LEAs to report each fiscal year the percentage of expenditures made on classroom expenditures district-wide and by school; requires classroom expenditures to be at least 70 percent of the total operating expenditures both district-wide and by school by fiscal year 2015-2016 and to reach at least 90 percent by fiscal year 2019-2020.
SB485 by Kelsey
HB388 by Dunn
As introduced, enacts the "Equal Opportunity Scholarship Act,"a program that provides scholarship aid in an amount equal to ninety-five percent (95%) of the per pupil share of state and local funding received by the resident school district for certain eligible low-income students to attend a participating public or private school.
SB486 by Kelsey
HB387 by Dunn
As introduced, provides scholarship aid to students with special needs to permit parents of such students to choose schools, either public or private, that their children will attend. The maximum scholarship aid shall be an amount equivalent to the cost of the educational program that would have been provided for the student in the resident school district; although scholarship amount is a function of a student's IEP, the participating school is not required to abide by the IEP, as mutually determined by parent and the participating school.
Special Education/Alternative Schools
SB1993 by Stewart
HB1336 by Jones, S.
As introduced, enacts the "Special Education Behavioral Supports Act," amending current restrictions on isolation and restraint in special education.
SB568 by Berke
HB1148 by Brown
As introduced, requires a written memorandum of understanding between a law enforcement agency and a LEA for school policing to include employment standards, hours of training, hours of work and assignment to specific schools; requires under such agreements that alternative schools be staffed by school resource officers who are full time.
SB587 by Finney, L.
HB543 by Halford
As introduced, specifies that alternative schools must obtain the individualized education plan (IEP) and related records of a student entering the alternative school with an IEP.
SB1435 by Tracy
HB1584 by Carr
As introduced, requires the department of education to devise an additional alternative assessment for certain students with disabilities.
SB1707 by Tracy
HB1979 by Carr
As introduced, requires local boards of education to allocate funding to licensed residential treatment centers where students have been admitted in an amount equal to the per student state and local funds received by the LEA.
Curriculum
SB0049 by Campfield
HB229 by Dunn
As introduced, prohibits the teaching of or furnishing of materials on human sexuality other than heterosexuality in public school grades K-8. -
SB1305 by Johnson
HB1352 by Dunn
As introduced, implements an integrated sex education program in place of the family life curriculum and authorizes parents to maintain an action against an outside instructor or organization for teaching students about material prohibited by the curriculum guidelines.