Tennessee General Assembly Passes Bill Banning Critical Race Theory Tenets in K-12 Schools

Classroom of students.

The Tennessee General Assembly passed a bill effectively banning critical race theory (CRT) from K-12 education. The legislature had to create a conference committee on Wednesday to resolve the legislature’s conflict on amending language effectively banning CRT in schools. That conference committee not only approved the ban – they added onto the ban. In addition to the original language of the bill outlining and banning 14 tenets of CRT, The Tennessee Star was informed by State Senator Jack Johnson (R-Franklin) that the conference committee report added on three tenets. In effect, these tenets further defined the prohibited conclusions typically advanced by CRT.

“(12) The rule of law does not exist, but instead is a series of power relationships and struggles among racial or other groups; (13) All Americans are not created equal and are not endowed by their Creator with certain unalienable rights, including life, liberty, and the pursuit of happiness; or (14) Governments should deny to any person with the government’s jurisdiction the equal protection of the law[,]” read the added provisions.

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Tennessee Senate Killed Bill Enabling Legislature to End States of Emergency, House Continues to Consider It

Ferrell Haile and Jason Zachary

A bill enabling the Tennessee legislature to end public health-related states of emergency was deferred to summer study in the Senate. However, the bill lives on in the House – the representatives are scheduled to vote on the bill Tuesday afternoon.

State Senator Ferrell Haile (R-Gallatin) and State Representative Jason Zachary (R-Knoxville) sponsored the bill. Haile was the one who requested to move the bill to summer study. He cited that there were some issues that needed to be worked over, which he didn’t explain in detail.

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Tennessee Democratic Legislator Pushes Special Recognition for Her Sorority Under Resolution; House Passes It

Barbara Cooper

The House passed a Democratic legislator’s resolution to award special recognition for her African American sorority, Alpha Kappa Alpha (AKA). The resolution sponsor, State Representative Barbara Cooper (D-Memphis), framed the resolution as a recognition honoring law enforcement prior to the House floor vote. However, the enacting clause doesn’t mention law enforcement at all. Instead, the enacting clause only recognizes a “virtual celebration” for AKA members.

“[W]e recognize Alpha Kappa Alpha Sorority Day at the Capitol, May 6, 2021, a virtual celebration for the AKA members from the South Eastern Region of Alabama, Mississippi, and Tennessee,” stated the resolution.

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Tennessee Senate Rescinds Bill Amendment Allowing Colleges, Universities to Mandate Vaccines; Passes Bill

COVID Vaccine

The Tennessee Senate reamended a bill to strike an amendment allowing higher education to mandate the COVID-19 vaccine. Under the latest amended version of the bill, institutions of higher education may only mandate the vaccine for health care students. These public colleges or universities may enforce those mandates so long as they don’t own or control the health care facility. 

Essentially, the higher education mandate would only be necessary for certain students involved in a private health care facility that requires the COVID-19 vaccine. The amendment would apply to students in medicine, dentistry, pharmacy, or any other health care profession.

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Tennessee General Assembly Passes Criminal Justice Reform Bills Allowing Community-Based Incarceration Alternatives, Increasing Parole Eligibility

Two of Governor Bill Lee’s criminal justice reform initiatives were passed unanimously by the Tennessee Senate on Wednesday. Once approved by the governor, the bills will expand community-based incarceration alternatives and parole eligibility, respectively.

The sponsors on the legislation were State Senators John Stevens (R-Huntington) for the former bill and Ken Yager (R-Kingston) for the latter. State Representative Michael Curcio (R-Dickson) was the House sponsor for both.

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Tennessee Senate Reschedules Bill Requiring Police Oversight Boards to Undergo Citizen Police Academy, Will Vote Monday

The Tennessee Senate is scheduled on Monday to vote on whether local community oversight boards must undergo citizen police academy.

If passed, current community oversight board members will have until June 30 of next year to complete a citizen police academy or any similar program. After that, any members appointed after July 1 of this year will have one year. Any members who fail to complete the academy or similar program will have their voting powers revoked. Voting rights would be restored upon completion of the academy. 

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Tennessee General Assembly Amends Bill to Maintain Health Commissioner, County Health Officers’ Emergency Rule, Quarantine and Closure Power

The General Assembly struck provisions removing exclusive health emergency-related powers from the health commissioner and county health officials. The bill originally proposed to create a commission to make decisions on whether or not to exercise those powers. The new commission would’ve included the governor, the speakers of the State House and Senate, each constitutional officer, and the commissioner of health – or, any designees selected by those officials.

Those provisions were dropped without explanation from either the House or Senate floor as to why. The Tennessee Star inquired with the sponsors what happened. The House sponsor, State Representative Glen Casada, (R-Franklin) divulged that the House Health Committee opposed it. He didn’t go into further detail in his statement to The Star.

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Bill Making Out-of-State Rioters, Paid Rioting a Felony Offense Now Heads to Governor for Approval

The Tennessee General Assembly passed a bill making any rioters who are from out-of-state or paid to riot guilty of a felony offense. Under the bill, it is considered a Class E felony for anyone who travels from outside the state with an intent to commit a crime or participates in a riot after being paid to do so. Courts must impose a mandatory minimum sentence of 45 days imprisonment for one offense, or 60 days for two or more offenses.

The House passed the bill on Tuesday, 73 to 20. Nearly all Democrats opposed the bill, with the exception of State Representatives Jason Hodges (D-Clarksville), Darren Jernigan (D-Old Hickory), and John Mark Windle (D-Livingston).

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Tennessee Senate Passes Election Integrity Act Requiring Watermarks on Ballots

The Senate passed the “Tennessee Election Integrity Act,” which requires each county election commission to put watermarks on their ballots. Electronic absentee ballots would be exempt. The act received unanimous, bipartisan support.

Under the Tennessee Election Integrity Act, each county election commission must have their watermark approved by the state coordinator of elections. None of the publicly-available sample ballots will have the watermark. Additionally, signature verification of the voter on absentee ballots will no longer be considered the final verification necessary before counting the ballots – the approved watermark will be. If an absentee ballot is rejected, the official must write “rejected” across its face and include the reason for rejection.

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House Passes Bill Increasing Inmate Parole Eligibility, Reduces Punishment for Breaking Parole

On Thursday, the Tennessee House passed a bill increasing parole eligibility and reducing parole violation punishments for inmates. The “Reentry Success Act of 2021” creates a presumption that eligible inmates must be granted parole on their eligibility date.

Additionally, parole violations that aren’t felonies or Class A misdemeanors would result in 15 days’ imprisonment for the first violation, 30 days for the second, 90 days for the third, and either one year or the remainder of the prisoner’s sentence for the fourth – whichever is the shorter of the two. Other changes to present law under the Reentry Success Act of 2021 include clarification that victims may submit videos for their victim impact statements, and waiving certain application costs for restricted drivers licenses. Felonies or Class A misdemeanors committed as part of parole violation would require prisoners to serve out the maximum of their sentence.

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Tennessee General Assembly Passes Bill Allowing Inmate Transition Centers and Nonprofit Programs to Reduce Recidivism

The Tennessee General Assembly unanimously passed a bill allowing counties to create centers focused on transitioning inmates from incarceration to society. The bill also authorizes these facilities, referred to as “transition centers,” to partner with nonprofit organizations with programs to reduce recidivism. The Senate passed the bill without discussion on Thursday.

This bill is one of several proposed by Governor Bill Lee as part of his crime reform initiatives. The overall goal of this legislation was focused on reducing recidivism rates and increasing successful reintegration rates.

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Senate Passes Bill to Standardize Open Enrollment Processes for Schools

Classroom full of kids, that are being read a book

The Tennessee Senate passed a bill to standardize open enrollment processes for schools. Present law allows local educational authorities (LEA) to develop their own policies for open enrollment periods. Through the bill, each LEA would be required to have the open enrollment period last at least 30 days, as well as identify schools with available space for enrollment based on grade, class, and program level at least two weeks before the open enrollment period begins. It wouldn’t allow students to enroll in counties outside of their own.

The bill passed 27 to 2, with 3 senators abstaining their vote. State Senators Heidi Campbell (D-Nashville) and Jeff Yarbro (D-Nashville) voted against the bill; Raumesh Akbari (D-Memphis), Brenda Gilmore (D-Nashville), and Sara Kyle (D-Memphis) abstained.

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Tennessee General Assembly Passes Bill Making Federal Law Enforcement Information Confidential

The Tennessee General Assembly passed a bill prohibiting public access to the information of federal law enforcement officers and agents operating in the state. Certain personal, financial, and residential information would be considered confidential and likely diminish the potential of the public doxxing law enforcement officers. The legislation passed unanimously in both the House and Senate. 

The bill expands current law, which already protects state and local law enforcement. State Representative Curtis Johnson (R-Clarksville) and Senator Bill Powers (R-Clarksville) are the sponsors on the bill. 

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‘Students Right to Know Act’ Proposes Transparency on Costs, Loans, Post-Graduate Salary Data for Tennessee Colleges, Universities

The Tennessee General Assembly is considering requiring more transparency when it comes to higher education. If passed, the “Students Right to Know Act” would require the Tennessee Higher Education Commission (THEC) to publish a database concerning different state universities or vocational schools’ attendance costs, monthly student loan payments, graduation or completion rates, and post-graduate salaries.

The bill was introduced by State Representative Kent Calfee (R-Kingston) and State Senator Kerry Roberts (R-Springfield). The latest amendments to the act rewrote the bill to clarify and expand its scope – as well as expand the data to be included within the database on military options for students.

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Senate Passes Bill Prohibiting Government from Classifying Businesses, Workers as ‘Essential’ or ‘Nonessential’

The Senate determined during its Monday floor session that governments shouldn’t classify workers as “essential” or “nonessential.”

In its entirety, the bill would prohibit the governor and all state or local government entities and leadership from classifying or categorizing businesses, trades, professions, or industries as “essential” or “nonessential.”

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General Assembly Passes Bill Limiting Increased Local Government Oversight, Regulations on Construction Industry

The General Assembly passed a bill to limit local government efforts to impose stricter regulations and oversight on Thursday. State Representative Kevin Vaughan (R-Collierville) and State Senator Jack Johnson (R-Franklin) were sponsors on the legislation. 

The legislation would prohibit local governments from accessing the personal information of employees, imposing additional safety laws beyond state and federal standards, and entering job sites without permission. 

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Senate Passes Bill Exempting Individuals from Vaccinations as Requirement for Adoption or Foster Care

The Senate determined Thursday that those wishing to become adoptive or foster parents should be granted increased vaccine exemptions. This bill would still require that individuals and that individual’s household undergo vaccinations in order to either adopt or foster children 18 months of age or younger, or children with “significant documented medical needs.”

During the Senate Judiciary Committee hearing on the bill, one mother named Kim Carter testified that she was denied foster care opportunities because her children weren’t fully vaccinated at the time. She added that her story wasn’t unique.

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Metro Property Assessor Claimed Resident Is Avoiding 2020 Property Tax Hike After Receiving Unanimous Council, Legislator Approval to Move Property Lines – Resident Filed Request in 2019

Vivian Wilhoite

Metro Nashville City Council and the Wilson County Commission recently approved a request by Davidson County resident Mason Hunter to move the county line dividing the counties so that his entire property would be located within Wilson County.

Press reports questioned the merits of that decision.

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Tennessee House Passes Resolution Congratulating Candace Owens’ Move from D.C. to Tennessee

The Tennessee House passed a resolution Thursday congratulating acclaimed conservative pundit, author, Daily Wire talk show host, BLEXIT founder, and new mother Candace Owens for her move to Tennessee.

Owens announced her move to Nashville last October, when she also revealed that she would be joining conservative media outlet, The Daily Wire. Last month she debuted her show, “Candace,” with the outlet. 

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Tennessee Senate Pulls Back on Bill Removing Local Health Authority Powers, Rendering Them Advisory Bodies During Health Emergencies

A bill which proposed removing local health authorities’ powers during health emergencies was re-referred to the Senate Calendar Committee on Thursday. State Senator Mike Bell (R-Riceville) requested this action without explanation during the bill’s third and final hearing.

If passed, the bill would specify that county mayors have the authority to establish and implement health policies during county-wide health emergencies – not local health officials or bodies. Instead, all county health directors, health officers, and boards of health could only serve in an advisory capacity to the mayor.

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Tennessee Senate Committee Approves Amended Bill Making County Health Boards Advisory Only, Prohibiting Vaccine Passports

On Wednesday, the Senate Commerce and Labor Committee approved a bill to make county health boards as advisory bodies only, and to prohibit mandatory vaccine passports. The bill was introduced by State Representative John Ragan (R-Oak Ridge), and also sponsored by State Senator Janice Bowling (R-Tullahoma).

Currently, the components limiting county health boards’ powers and prohibiting vaccine passport mandates aren’t listed as part of the bill. They were introduced as an amendment in the House on Tuesday. Additionally, the bill would relegate local health authority to the state and limit county health officers’ quarantine-mandating powers – individuals and places that aren’t known to have contributed to the spread of a disease may not be quarantined.

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Bill Proposes Granting Legislature Power, Not Statewide Political Parties, to Select U.S. Senate Candidates

The Tennessee General Assembly has been considering whether it should be in charge of selecting U.S. Senate candidates for primaries. On Tuesday, the sponsor of the bill encompassing that proposed change, State Senator Frank Niceley (R-Strawberry Plains), requested that the legislature have until next March to contemplate the bill. 

During the Senate State and Local Government Committee hearing on Tuesday, Niceley asserted that the U.S. Senators have gotten out of touch with the state legislature. He explained that this bill would improve the working relationship between their lawmakers in D.C. and the Tennessee Capitol. 

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Tennessee House Health Subcommittee Punts Bill Banning Abortion to 2022

After deferring action last week on a bill banning abortion completely, the Tennessee House Health Subcommittee decided to push their decision off until 2022. The “Rule of Law Life Act” was sponsored by State Senator Janice Bowling (R-Tullahoma) initially, and taken up in the House by State Representative Terri Lynn Weaver (R-Lancaster).

As The Tennessee Star reported in early February, the bill saw movement quickly following its introduction. It declared that the Fourteenth Amendment extends the right to life to the unborn, and that life begins at conception.

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Delayed Again: Bill to Exempt Houses of Worship from Emergency Closures

A bill prohibiting government-mandated emergency closures for worship services has been delayed once again, as the Tennessee General Assembly floor session on Monday. State Representative Chris Todd (R-Madison County) delivered the news on behalf of the sponsor, State Representative Rusty Grills (R-Newbern), requesting that the bill be placed on the next available calendar. No explanation was given for this delay.

As The Tennessee Star reported last week, Grills delayed the bill initially due to concerns from legislators opposed to prohibiting church closures. Two Democratic legislators, State Representatives London Lamar (D-Memphis) and Harold Love, Jr. (D-Nashville) expressed concerns that the bill constrained government authorities from stopping church gatherings during a pandemic or other emergencies.

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Tennessee House Passes Bill to Cancel Excise Tax for Certain COVID-19 Relief Payments to Businesses

The Tennessee House passed a bill cancelling the excise tax on certain COVID-19 payments given to businesses. The legislation would cover all payments from March 1 to December 31 of last year. 

If passed, the bill would apply to payments from the Tennessee Business Relief Program, the Tennessee Supplemental Employer Recovery Grant Program, the Coronavirus Agricultural and Forestry Business Fund, the Hospital Staffing Assistance Program, the Emergency Medical Services Ambulance Assistance Program, the Tennessee Small and Rural Hospital Readiness Grants Program, or the federal Child Care and Development Block Grant.

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Tennessee House Passes Bill to Establish Formal Review Process for Constitutionality of Presidential Orders

President Biden and the Tennessee Capital

The Tennessee House passed a bill Monday establishing a formal review process to check the constitutionality of presidential executive orders. However, the bill wasn’t passed in its entirety. An amendment adopted to the original bill, introduced by State Representative Rick Eldridge (R-Morristown), removed the provision prohibiting any state agency, political subdivision, or elected or appointed official or employee from implementing any executive order that Tennessee’s Attorney General determined unconstitutional in relation to pandemics; public health emergencies; natural resource, land use, or financial sector regulations; or Second Amendment rights.

According to the legislation, the General Assembly Joint Government Operations Committee would review presidential executive orders at their discretion. Following their review, the Attorney General would then have the final say regarding the constitutionality of any presidential executive orders as reviewed by the General Assembly.

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Group Says Amendment Passed by State Senate Committee to Afford Religious Exemptions to Vaccines in Pandemic Has Been Watered Down

Tennessee lawmakers are keeping their options open when it comes to mandatory vaccinations during a current or imminent pandemic. Although community members and advocacy groups have been fighting for their right to choose when it comes to their medical decisions during government-declared emergencies, most lawmakers haven’t been responsive. 

At the time of press, the amendment hasn’t been uploaded to the General Assembly website. However, The Tennessee Star obtained a copy of the amendment, included below:

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Tennessee Legislators Likely to Pass Bill Tackling Gender and Interscholastic Sports

A bill in the Tennessee General Assembly would require that middle school or high school students’ biological gender determine whether they may participate in interscholastic sports specifically tailored either for males or females. Supporters of the bill told The Tennessee Star Friday they believe the bill will pass both the state house and the state senate.

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Bill to Reduce County Health Boards to Advisory Bodies Moves Through Tennessee House and Senate

Certain counties may see the roles of their health boards change in the event of another public health emergency. According to a bill making its way through the Tennessee General Assembly, county mayors should retain the exclusive authority to establish health-related mandates and regulations, while health boards and committees should only serve to advise them. The proposed measures would only apply to counties with certain population counts. Accordingly, the bill would affect Shelby, Knox, Davidson, Hamilton, Sullivan, and Madison counties.

State Representative Jason Zachary (R-Knoxville) introduced the bill in November, as Chris Butler with The Tennessee Star reported previously. In a press release, Zachary explained that only elected representatives are accountable to those they serve – therefore, only elected representatives should have the final say in public health emergencies.

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Tennessee Legislators Propose Empowering General Assembly to Scrutinize Presidential Executive Orders for Constitutionality

Several state representatives and senators have proposed a bill to review the constitutionality of presidential executive orders. According to the bills, if Congress doesn’t affirm an executive order and isn’t signed into law, then the joint government operations committee of Tennessee’s General Assembly would review whether the order overextends its scope of authority. Upon concluding their review, the committee would decide whether to recommend the Tennessee Attorney General and Governor to reexamine or seek an exemption from the order.

Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 
Additionally, the bill proposed that no state agency, political subdivision, elected officials, or government employees could enforce the order if the Tennessee Attorney General determines it is unconstitutional. That portion of the proposed bill would specifically apply to orders concerning pandemics or public health emergencies; natural resource regulations; agricultural industry regulations; land use regulations; financial regulations concerning environmental, social, or governance standards; and Second Amendment regulations. 

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Pro-Life ‘Rule of Law Life Act’ Banning Abortion Moves Through Tennessee General Assembly

A new pro-life bill claims that constitutionally-protected life begins at conception, banning all abortions except in life-threatening emergencies. Dubbed the “Rule of Law Life Act,” the bill stated that the Fourteenth Amendment extends the right to life to the unborn, the legal precedents in existence allowing abortion derogate the Constitution,

The bill expands upon the previous heartbeat bill, signed into law last year and is currently being debated in the courts. It asserts that established and accepted science supports the notion of human life beginning at conception. Additionally, the bill explicitly prohibits punishing mothers for abortions committed. Only physicians who violate the proposed laws would be subject to punishments awarded for Class C felonies or Class A misdemeanors, as well as the suspension or revocation of their healthcare license.

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Bill Prohibiting Halloween Activities, Imposing Curfew for Registered Sex Offenders Moves Through House

A bill prohibiting Halloween activities and mandating a curfew for registered sex offenders has moved steadily through the State House. The legislation was introduced by Representative Lowell Russell (R-Vonore), a retired member of law enforcement himself. 

The bill would align with similar rules previously imposed on offenders by law enforcement around the holiday. Since 2015, Tennessee Department of Corrections (TDOC) has implemented “Operation Blackout,” a coordinated effort to conduct compliance checks on sex offenders that were on probation or parole come Halloween night. The offenders were required to abide by a 12-hour curfew and no-costume policy, as well as keep their porch lights off, doors closed to trick-or-treaters, and homes free of all fall decorations.

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Tennessee State Senator Wants Schools to Screen Students’ Mental and Behavioral Health Issues After COVID-19

Members of the Tennessee General Assembly will consider a bill that mandates public school and charter school officials screen students to evaluate how the COVID-19 pandemic has affected their mental and behavioral health patterns. This, according to legislation that State Sen. Katrina Robinson (D-Memphis) filed last month.

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Tennessee Legislators Pass Special Session Education Reforms

The Tennessee General Assembly passed a series of legislation to reopen schools and improve learning losses and literacy. The measures passed will establish phonics as the primary method for reading instruction, mandate third-grade students read on grade level before graduating to fourth grade, establish tutors and summer learning camps for students who fell behind in certain subjects, and remove accountability for standardized testing results. An additional bill concerning the state budget will fund 4 percent teacher raises.

As reported previously by The Tennessee Star, the General Assembly convened the special session to prioritize the state’s flagging education system due to pandemic-related closures. The session was called per the request of Governor Bill Lee last month.

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Tennessee General Assembly Convenes Special Session on Education Reforms Necessitated by Pandemic

The Tennessee General Assembly convened for a special session to discuss learning loss and literacy reforms introduced by the governor’s office. State officials are proposing a series of reforms they dubbed “targeted intervention.” The first bill would establish a full-time tutoring core, after-school camps, learning loss bridge camps, and summer learning camps. Additionally, the second bill proposed a third grade “reading gate” to ensure students are prepared before entering fourth grade and that K-3 educators teach phonics as the primary form of reading, which would be complemented by a screening tool for parents’ use.

The impact of standardized testing also faces reforms. The third bill would keep the Tennessee Comprehensive Assessment Program (TCAP) in place for the 2021 school year, but wouldn’t impose any negative consequences on student assessment. This would ensure that educators and families have a benchmark to assess student progress, but no teacher or district would face penalties based on those TCAP results. Under the fourth bill, the state would adjust the state budget to give pay raises to all teachers immediately.

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