HB2795-SB3412
Testing for all students

105th Tennessee General Assembly
2007-2008

3/19/08: DEFEATED! Details to follow. View streaming video from the state's archives here . Again, we've got friends working on getting this available on YouTube. There were sections that we'll want to save for future use if something like this comes up again. Thanks to Angie's family for providing 100 each 4x6 inch stickers for us to wear. It made it very obvious that who many, but not nearly all, of us were and why we were there.

Please take a moment to help flood the offices of our supporters on the Special Initiatives sub-committee with thanks. Only Rep. Joe Towns (D-Memphis) supported Rep. G. A. Hardaway (D-Memphis) to the bitter end.

WPLN (Nashville Public Radio) coverage: http://wpln.org/newstranscripts/?p=2114. Here's a snip:

At today’s hearing, much was made about the communication between the home schoolers and
the bill’s sponsor, Representative Hardaway. Here’s home school advocate Kay Brooks…

“All of this is complete nonsense, it’s just not useful, it inhibits our freedoms, wastes tax dollars, wastes everybody’s resources, up and down the line. So what we want him to do is withdraw the bill and we begged him for three weeks, to do that very same thing. He would not communicate with us, would not talk to us, it’s gotten so that he frankly got ugly on the phone yesterday when people continued to call. That’s what we’re supposed to do, we’re required to do as citizens, is call our representatives and say, ‘This is what we want from you.’ “

Brooks’ complaint drew a quiet response from Hardaway.

“I got very nasty phone messages and conversations when I answered the phone, and I try to answer my [own] phone whenever possible.”

Hardaway says he eventually began asking callers from out of his district, or out of state, to reduce their comments to an e-mail or a letter. He says he didn’t blame the persons who came to him in person.

“The majority, the overwhelming majority, of the individuals that I’ve met, the children especially, have been respectful, they’ve indicated their position, that they disagreed with the original bill, and that’s OK. Now. If you’re asking me if there’s a fringe element, I say ‘yes, there is a fringe element.’ Is it peculiar to the home schoolers, I say, ‘No.’ There’s a fringe element to any movement.”

3/18/08: This statement just in from TACRS:

From: Rob Shearer [mailto:rob@greenleafpress.com]
Sent: Tuesday, March 18, 2008 12:00 PM
To: TnHomeEd@yahoogroups.com
Cc: 'Kay Brooks'; tennhomeschoolers@yahoogroups.com; 'Lana Thornton'; jcthornton3@earthlink.net
Subject: RE: [TnHomeEd] HB2795 and TACRS - Statement from TACRS

To: Representative George Hardaway and all interested parties

From: Rob Shearer, vice president, TACRS

I have just reviewed the text of the proposed amendment to HB2975 which now seeks to mandate an annual consultation between the department of education and “representatives from the Tennessee association of independent/municipal schools, the Tennessee home education association representing schools established under 49-6-3050, and the Tennessee association of church related schools representing schools established under 49-50-801.” Ron Scarlata, the president of the Tennessee Association of Church Related Schools (TACRS) and I spoke by phone this morning and he has authorized me to speak on this matter for TACRS.

Please be advised that this proposal came as a complete surprise to both of us. Neither of us has ever spoken with Representative Hardaway.

And while we have no objections to consulting with the Department of Education, we could not do so “representing schools established under 49-50-801.” There is a rich diversity of private schools, both church-related and independent throughout Tennessee. No one organization could ever speak for all of them. There is a rich diversity of church-related schools even within the TACRS membership. We would be reluctant to speak about methodologies even on behalf of our member schools, since the membership is so diverse.

The kind of consultation ostensibly desired by Rep. Hardaway does not need to be mandated by the legislature. It could easily be achieved by the department issuing broad invitations to all the organizations designated in 49-50-801.

We urge Rep. Hardaway to withdraw this bill, even with this last-minute amendment substituting new language. It does not appear to have been very carefully thought out. And the organizations named in it have not been consulted.

- Rob Shearer
Vice President, TACRS

Please feel free to distribute/forward this email (so long as the distribution includes the entire message)

3/18/08: We've got a transcription of the amendment to HB2795 as submitted by Rep. G. A. Hardaway (D-Memphis). Here it is:

AMEND   Senate Bill No. 3412            House Bill No. 2795*

By deleting all language after the enacting clause and by substituting instead the following language:

SECTION 1. Tennessee Code Annotated, Title 49, Chapter 1, Part 6, is amended by adding the following language as a new, appropriately designed section:

     49-1-614.

       The department of education shall consult at least annually with representatives from the Tennessee association of independent/municipal schools, the Tennessee home education association representing schools established under 49-6-3050, and the Tennessee association of church related schools representing schools established under 49-50-801, to assess actions taken by such non-public schools which, if taken by public schools, may lead to improved student performance in public schools. The department shall report the results of such consultation to the select oversight committees of the house of representatives and the senate no later than February 1 each year.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.

This is still completely unacceptable and calls against this bill and its amendment should continue. It's obvious from the wording of this bill that Rep. G. A. Hardaway (D-Memphis) is completely unfamiliar with the homeschooling community and how it operates.

He seems to have cherry picked one homeschooling group over others by designating 'the Tennessee home education association' as representing homeschoolers. He may have meant that generically and its use is just sloppy legislative writing. Regardless, Tennessee Home Education Association does exist. However, it doesn't represent all homeschoolers and I suspect doesn't want the job. Further not all homeschoolers want to belong to this group and there are many who would vehemently oppose any requirement that any one group speak for all homeschoolers.
Again, he's used phrasing in this legislation that is an actual entity. Sloppy or intentional there is a 'Tennessee association of church related schools'. TACRS accredits some of our church-related schools but certainly not all. Ditto the Tennessee Association of Independent Schools (TAIS) There are actually seven listed in TCA 49-50-801.

a) As used in this section, unless the context otherwise requires, "church-related school" means a school operated by denominational, parochial or other bona fide church organizations, which are required to meet the standards of accreditation or membership of the Tennessee Association of Christian Schools , the Association of Christian Schools International , the Tennessee Association of Independent Schools , the Southern Association of Colleges and Schools , the Tennessee Association of Non-Public Academic Schools [*see below--ed.], the Tennessee Association of Church Related Schools, or a school affiliated with Accelerated Christian Education, Inc. [Now called School of Tomorrow --editor note]

There is no sunset provision to this legislation. Once created, have you ever known a government entity to disappear? We do not need this oversight committee to expand its mandate and start demanding more and more accountability from non-public schoolers in their misguided effort to improve public schools.
The 'at least annually' portion seems to leave room for the Department of Education or the legislature to require more than annual meetings once the meetings are required.
Under this amendment the fiscal note will not be anywhere near the $4 million his original testing attempt would have cost. That makes it more friendly to other legislators. Of course, the hidden cost born by non-public schoolers, both in resources and loss of freedom could eventually be enormous.
The information about best practices that Rep. G. A. Hardaway (D-Memphis) says he's trying to obtain can be found outside of enacting a law, expending tax dollars and encroaching on the freedoms that people who privately school their children already have.

My suggestion is that phone calls, faxes, emails and personal contacts continue. Again, seriously consider attending tomorrow's meeting. Details are just below.

3/18/08: It's become obvious to even the most hopeful among us that Rep. G. A. Hardaway (D-Memphis) is not a man of his word. Despite assuring the public, Special Initiatives sub-committee members and the Chair of the House Education Committee that he would communicate with them and the homeschooling community regarding changes he was making to HB2795 he still hasn't done so. He has ignored phone calls and personal contacts. The result is we're just a day away from the next scheduled sub-committee hearing for this bill and the new wording is not public information. He fully expects us to get a copy of this legislation cold and deal with it immediately. Well, we shall.

You are, again, encouraged to call the Special Initiatives sub-committee members and voice your concerns regarding this bill. Most of them have expressed surprise at Hardaway's actions and do not see the need for the state to test all children in this manner. They, and their staffs, are also frustrated but the process must run its course.

If you can make the trip to Nashville come. The committee meets at 11:45 a.m. in the Legislative Plaza. This committee usually meets in Room 29, however, it may be moved to Room 16 again to accommodate a larger crowd. HB2795 is early on a short agenda so don't be late. If there is no way you can make it to Nashville you can watch streaming video via the Internet from the legislative website here. In the meantime, make phone calls, send faxes, contact their district offices. Focus on Rep. Hardaway, the bill sponsor, and Reps. Brown and Towns who enabled this legislation to even be heard three weeks ago.

I believe we need an even bigger turn out than we had three weeks ago. If our effort is smaller, it will give the appearance that we're already tired of the battle and don't have the stomach for a full scale assault. Let's ensure that's not the case.

3/13/08: The following was emailed late today to Rep. G. A. Hardaway (D-Memphis) and each member of the House Special Initiatives sub-committee. Here's a link that will address an email to them that you can send to voice your concerns.

From: TnHomeEd@yahoogroups.com [mailto:TnHomeEd@yahoogroups.com] On Behalf Of Kay Brooks
Sent: Thursday, March 13, 2008 5:04 PM
To: rep.ga.hardaway@legislature.state.tn.us; rep.leslie.winningham@legislature.state.tn.us; rep.john.windle@legislature.state.tn.us; rep.tommie.brown@legislature.state.tn.us; rep.jim.coley@legislature.state.tn.us; rep.ron.lollar@legislature.state.tn.us; rep.joe.towns@legislature.state.tn.us
Subject: [TnHomeEd] Failure to communicate regarding HB2795 Testing for all
Importance: High

Rep. Hardaway and fellow legislators,

I’m writing to bring your attention to your failure to communicate to citizens regarding HB2795. On February 27, 2008 this bill was heard before the House Special Initiatives sub-committee. At that time more than 100 citizens filled the conference room and halls to protest this burdensome and unnecessary testing legislation. At the end of the discussion about this testing bill Education Chair Les Winningham requested that you, Rep. Hardaway, ensure that you get the language you want in the bill, show that to the Chairman John Mark Windle and the rest of the committee members as well as giving it to various homeschool representatives so we could all have it in advance as well. You, Rep. Hardaway, assured Chairman Winningham that you would be communicating and that these citizens would be kept up to date on the language and communications you have with others regarding this bill. If your memory fails here’s the video: http://www.youtube.com/watch?v=MxKELkvKiXMM

You have failed to keep your word, Rep. Hardaway. I gave you my card that day telling you I would be happy to help you communicate with the Tennessee homeschooling community via the TnHomeEd.com network. I have called your office several times since then and none of my messages have been returned. When I talk with other homeschoolers it’s clear that my experience has been the norm. Your lack of cooperation in this matter is very disappointing and quite unprofessional. Many of us gave you the benefit of the doubt, took you at your word and now find that your word is not trustworthy.

As of 5:00 p.m. today the bill is scheduled to be heard next Wednesday, 3/19/08 and the state’s website shows NO amendments to this bill. Your fellow committee members made it very clear that they did not want a repeat of the deluge of phone calls, emails, faxes and mail that occurred a month ago. We agree that there is important legislative business that should not be derailed by something as unnecessary and fruitless as HB2795 and strongly urge you to withdraw the bill immediately and make that widely known.

Most sincerely,

Kay Brooks

Kay@TnHomeEd.com
http://TnHomeEd.com

TnHomeEd is a network and comprehensive independent clearinghouse of homeschooling information specifically for Tennessee parents and other interested parties.

The mission of TnHomeEd is to provide homeschooling and education information to all parents regardless of why or how they school, who they are, what they believe or their membership status.

3/1/08: We've now uploaded the entire Special Initiatives hearing onto YouTube in about 5 minute segments. You'll find the links and brief descriptors of what's in that section of the video at this new page: HB2795 02-27-08.

3/1/08: The video of the House Special Initiatives sub-committee has proven so popular that we've exceeded our download limits. I've put another copy at this server where you'll have to download it to your computer instead of viewing it stream. Remember it's 45 minutes (58MB) so it will take a while to download. We're working on cutting it up and putting it on YouTube and it should be there later today. THANK YOU for taking the time to actually see what's going on.

Currently THEA/HSLDA are calling for targeted calls and emails to Rep. G. A. Hardaway (D-Memphis) , the bill's sponsor, Rep. Tommie Brown (D-Chattanooga) , who moved the bill forward and Rep. Joe Towns (D-Memphis) who seconded the motion. Both Brown and Towns are on the Special Initiatives sub-committee and the House Education Committee.

2/28/08: Special Initiatives Committee--view the video for yourself. [Many thanks to a friend of homeschooling more tech savvy than I.] You can also download it from that site and burn your own DVD copy to share with others. It's about 45 minutes (58MB) so don't try downloading this with a dial-up connection. Mouseover the bottom of the picture for play/pause/stop controls.

Yesterday's House Education Committee's Special Initiatives sub-committee was very well attended by parents, children and others interested in stopping HB2795 mandating state tests for all students sponsored by freshman legislator Rep. G. A. Hardaway (D-Memphis) . I'd estimate at least 100 people were crowded into the room with many waiting in the cloakroom and hall. They came, despite the snow, from across the state, literally from Sevierville to Memphis, such was their concern about unnecessary interference in the education of children. People in suits and blue collars some with children in tow. They were determined to make their voices heard. It was very clear from statements made by legislators in the hearing that they had each received thousands and thousands and thousands of calls and emails about the issue--and they didn't want a repeat of that. at of that.

Not surprising to those of us familiar with the legislature the Education Committee meeting went very long. Then it was decided that Rep. Tommie Brown's (D-Chattanooga) Higher Ed committee would be slipped in before the Special Initiatives Committee. Despite that the crowd remained fairly quiet and patient until the meeting started and hour after the advertised time.

The bill was introduced and there was a moment or two while we waited for a motion in order to even hear discussion on the bill. Unfortunately, Rep. Tommie Brown (D-Chattanooga) provided it and later when he finally arrived Rep. Joe Towns (D-Memphis) provided the necessary second.

Amazingly, Hardaway spoke at great length about his bill but people were still unclear as to why non-public schoolers were involved. Hardaway seemed to be saying that he was concerned about the unfairness in public school testing and was using this as a tool to highlight that and push improvements. He acknowledged that the State Board of Education was reworking testing and that while Gateway's had been very high stakes they now accounted for only 25% of the graduation requirement. Observers wondered: If this is a public school problem, why are all these non-public schoolers being impacted? Interesting comments considering Hardway's relationship with a Memphis Charter school, Memphis Academy for Health Sciences.

Brown asserted that she was a supporter of homeschooling and the legislature granting us the right to do so. She also stated that she was working toward making the public schools so good that we wouldn't want to homeschool anymore. These comments only pointed out how differently many of us view our 'right to homeschool' and our reasons for doing so. We appreciate the support, but this isn't the way to show it.

Committee Chair Rep. John Mark Windle (D-Livingston) was very helpful to attendees making sure they knew how much longer they'd have to wait, assuring them HB2795 would be heard today and allowing several to speak to the committee. But, frankly, since the intent of the legislation was so fuzzy, it was very hard to rebutt. A homeschooling dad who testified came closest to expressing our collective point of view when he essentially said: We're not broke. We don't need fixing.

Rep. Les Winningham (D-Huntsville) was obviously displeased with the way this bill had been handled and confessed he wasn't sure what Hardaway's intent was. Winningham wasn't alone. Winningham, who is not just another committee member but a long time chair of the House Education Committee strongly suggested, several times, that Hardaway put the bill 'off notice' (off the calendar entirely), figure out what he wanted to do, consult with his fellow sub-committee members and homeschoolers and give everyone a week's heads up before putting it on the calendar.

But Towns, who was late to the discussion, spoke up and suggested that Hardaway just roll (postpone) the bill three weeks instead and so he did. In the meantime, after Winningham's comments, it's expected that Hardaway will come back with something much more concrete, that can actually be discussed. 45 minutes of talk, hundreds of man hours, travel time and untold other resources expended for this. It was very frustrating.

The fiscal note for this legislation says HB2795 it will cost $2 million plus to test non-public students next year and some $4 million and up in succeeding years. The assumption is there will be 20,000 non-public students taking these tests. I know no one did much research on that 20K number. As if thousands of outraged parents, frustrated legislators and staff who were unnecessarily inconvenienced, the lack of a clear goal and proof that pulling in non-public schoolers into public school testing was necessary 'for the public good' it'll be tough to sell expending $4 million that could be much better used elsewhere.

Tennessean coverage , such as it is.

2/27/08 PM: The House Education Committee ran long and then the Chair declared that Rep. Tommie Brown's (D-Chattanooga) High Education Committee would met next instead of the scheduled Special Initiatives Committee. Thankfully that was fairly short and the Special Initiatives Committee meeting began at 12:43 p.m. There were only a few things on the calendar and we quickly got to HB2795. After 45 minutes of discussion thanks to Rep. Tommie Brown's (D-Chattanooga) motion and Rep. Joe Towns' (D-Memphis) second HB2795 was talked about and around at length. However, because many didn't understand what the purpose of the legislation was not much was accomplished. Rep. Les Winningham (D-Huntsville, who while a member of the Special Initiatives sub-committee is also the chair of the House Education Committee, strongly suggested that Rep. G. A. Hardaway (D-Memphis) put his bill 'off notice' (not scheduled for hearing at all) and work on amending the bill into its final form. Then a week before it's to be heard communicate with his fellow committee members and the homeschoolers in order to avoid repeating the disruption that Hardaway had caused thus far. Hardaway opted instead to take the suggestion of Towns and just 'roll' the bill (postpone it) three weeks. Several legislators noted the tremendous number of phone calls and emails they had received and the politeness that was nearly universal. Brown said she'd gotten some 3,000 phone calls and didn't know how many emails.

Uploading the hearing to YouTube is being worked on now and should be available sometime tomorrow. Watch this space. More details after I've had a chance to review all that.

The Fiscal Note for HB2795 has also been published.

Estimated Fiscal Impact:

Increase State Expenditures -- $2,272,200/FY08-09; $3,9800.000/FY09-10 and Succeeding years.

Assumptions:

Approximately 20,000 no n-public school students will be required to take seven Gateway tests each year.

Each test cost $16.23. The total increase in state expenditures will be $2,272,200 (20,000 x $16.23 x 7 = $2,272,200).

2/27/08: AM: According to the Special Initiatives Committee's office today's committee hearing is still on despite snow received in Nashville this morning. HB2795 is still on the agenda. Report from Special Initiatives Committee Chair John Mark Windell's office via THEA's Lana Thornton is that his office has received over 1200 calls on this legislation. Not one for. The volume of phone calls was such that Rep. Tommie Brown's voice mail essentially tellers callers 'don't leave a message with me if you're not from Hamilton County.' Rep. Lollar's (R-Bartlett) message tells callers he's voting against.

2/22/08: The agenda for the Special Initiatives Committee meeting should be published today on their website in preparation for next Wednesday's meeting. I spoke with the Committee Chair John Mark Windell's office and was told the meeting will be held, February 27, 2008, 11:45 a.m., Room 16 of the Legislative Plaza. See this page for a map and parking info. The Education Committee will be meeting first at 11:00 and if that runs over this Special Initiatives Committee meeting will start later than 1145. Further I was told that HB2795 was 9th on the agenda but my experience with committee meetings is the agenda gets moved around a bit so this placement isn't written in stone. ALSO NOTE : this 11:45 start time is different from the 11:00 start time Tennessee Home Education Association (THEA) has published.

2/22/08: Rep. GA Hardaway (D-Memphis) is the House Sponsor of this legislation. His contact information is:

District Address: 1243 Worthington Street
Memphis, TN 38114

Nashville Address: 109 War Memorial Bldg.; Nashville, TN 37243-0192; Phone: (615) 741-5625; Fax: (615) 741-1005; Staff Contact: Tina Hunt

Internet E-Mail Address: Rep. G. A. Hardaway

02/21/2008: This legislation is scheduled for it's first hearing in the House Education Special Initiatives Committee on Wednesday, February 27, 11:00 a.m. Legislative Plaza, Committee Room 16. Check this page for a map of downtown and parking suggestions. It's clear from reading the code changes in partial context (below) that consideration for the current testing situation in Tennessee was overlooked, no mention of who is going to administer and pay for the tests, let alone the logistics of the effort, the SBOE has free reign over the lives of students who fail but still want a diploma.

Testing for all, public, non-public and homeschoolers. I consider this a near complete loss of freedom to educate our children. Those who set the test dictate the curriculum. "Sure, you can homeschool your children but they must learn XYZ at this time." We're not alone in this battle. Non-public schools will be very concerned also. While it's clear they want us to submit to their tests I don't see them handing out LEA diploma's in return.

Rep. Mike Turner (D-Nashville) attempted to have us submit to testing in 2004. He didn't succeed. Here's the link to HB2163/SB2157 which was Turner's attempt in 2004 to require private and homeschoolers to submit to Gateway Testing. He withdrew the bill before it ever got a committee hearing.

From HSLDA: "This bill would subject non-public school students, including homeschool students, to additional state testing. It would require them to take subject matter tests based upon state-approved textbooks. It would also require them to pass the Tennessee comprehensive assessment program tests before receiving a high school diploma. These new testing requirements would also apply to students being taught at home through extension or satellite programs of church-related schools."

From the legislative website:

*HB2795 by *Hardaway. (SB3412 by *Tate.)

Education - Extends public school testing requirements to students in non-public schools. - Amends TCA Title 49, Chapter 1, Part 6; Section 49-6-3050 and Title 49, Chapter 6, Part 60.

**Bill Summary for *HB2795 / SB3412**

Present law requires the following tests for high school students:

(1) Subject matter tests to measure performance of high school students in subjects designated by the state board of education and approved by the education oversight committee; and
(2) The Tennessee comprehensive assessment program tests.

This bill specifies that the above tests are required for public and nonpublic high school students.

Present law establishes requirements for home schools, including qualifications for parents desiring to home school their children and the testing standards that students home-schooled by their parents must meet. Present law provides that these present law requirements do not apply to home schools that teach K-12, where the parents are associated with an organization that conducts church-related schools, which are supervised by such organization through the director of schools of such organization's department of education, and which administer standardized achievement tests at the same time such tests are given in their regular day schools. This bill revises this exemption so that it would not apply to those home schools requiring the same testing of other home school or public school students.

Here's the TCA with the appropriate changes: ~~Wording being removed~~, Wording inserted.
Please note these are snips of the TCA to provide some context. You should not assume that it's the entire picture.

49-1-608. Subject matter tests for secondary schools — Initiation of value added assessment. —

By not later than 1993, the development of subject matter tests will be initiated to measure performance of ~~high school students~~ public or non-public high school students in subjects designated by the state board of education and approved by the education oversight committee. These tests must reflect the complete range of topics covered within the list of state approved textbooks for that subject. As soon as valid tests have been developed, the testing of students will be initiated to provide for value added assessment. Value added assessment shall be initiated in the designated subjects within secondary schools by 1999-2000 school year, and continued annually thereafter. Value added assessment may be initiated in other subjects designated by the state board of education and approved by the education oversight committee at such times as valid tests can be developed which effectively measure performance in such subjects.

49-6-6001. Graduation requirements. —(a) (1) To receive a full diploma upon graduation from ~~high school~~ public or non-public high school, a student shall pass the Tennessee comprehensive assessment program tests as adopted by the state board of education, with scores established by the board. Students may take each of the required tests at any administration and in any order upon completion of the required coursework. The state board of education may establish by regulation additional requirements for students who do not pass the required tests. Such requirements may include remedial work that may be counted only for elective credit toward graduation. The state board of education may also establish by regulation uniform policies and procedures whereby any student, who narrowly misses passage of one (1) or more of the Tennessee comprehensive assessment program tests, including one (1) or more parts of the Gateway examination, may petition for and may be awarded bonus test points based upon clear indicia of student classroom performance and achievement meritorious of a full diploma upon graduation from high school.

49-6-3050. Home schools. —(a)(2) (A) Home schools which teach kindergarten through grade twelve (K-12), where the parents are associated with an organization that conducts church-related schools, as defined by § 49-50-801, which are supervised by such organization through the director of schools of such organization's department of education, and which administer standardized achievement tests at the same time such tests are given in their regular day schools, are exempt from the provisions of this section . [period to the immediate left removed--ed] , except those requiring the same testing of other home school or public school students.

HB2795-SB3412 Testing for all students

105th Tennessee General Assembly 2007-2008

The bill was introduced and there was a moment or two while we waited for a motion in order to even hear discussion on the bill. Unfortunately, Rep. Tommie Brown (D-Chattanooga) provided it and later when he finally arrived Rep. Joe Towns (D-Memphis) provided the necessary second.

Tennessean coverage , such as it is.

HB2795-SB3412
Testing for all students

105th Tennessee General Assembly
2007-2008