Current through September 24, 2024
(1) Definitions. As used in this Rule:
(a) "Nationally Normed" means screener
scores, classifications, and score distribution percentiles are reported and
calibrated using a representative National Sample.
(b) "National Sample" means a sample of
students that represents the population of U.S. students. For universal
screeners, a national sample consists of at least one hundred fifty (150)
students in each of at least three (3) of nine (9) U.S. Census Bureau divisions
sampled before the year 2020. Part of completing the sample may include any
needed statistical transformations required to achieve demographic
representativeness. Such a sampling must be able to produce valid and reliable
scores for classifying and identifying students.
(c) "Significant Reading Deficiency" means:
1. A student in Kindergarten through grade
three (K-3), who scores in the 15th percentile or below on a Nationally Normed
Universal Reading Screener. Students in Kindergarten through grade three (K-3)
who have a significant reading deficiency are considered below proficient in
English language arts (ELA) and shall be regarded as priority students for
purposes of implementing the Tennessee Learning Loss Remediation and Student
Acceleration Act.
(d) "At
Risk for Significant Reading Deficiency" means:
1. A student in Kindergarten through grade
three (K-3), who scores between the 16th and 40th percentile on a Nationally
Normed Universal Reading Screener. Students in Kindergarten through grade three
(K-3) who are at risk for significant reading deficiency are considered below
proficient in ELA and shall be regarded as priority students for purposes of
implementing the Tennessee Learning Loss Remediation and Student Acceleration
Act.
(e) "Universal
Reading Screener" means a uniform tool that screens and monitors a student's
progress in foundational literacy skills of phonemic awareness, phonics,
fluency, vocabulary, and comprehension.
(f) "Innovative Benchmark Assessment Pilot
Program" means a program established, funded, and implemented by the Department
of Education (Department) as part of the Tennessee Learning Loss Remediation
and Student Acceleration Act to provide the Tennessee universal math screener,
the Tennessee Universal Reading Screener, and state-adopted benchmark
assessments to LEAs and public charter schools to more frequently measure
student learning and address student learning loss.
(g) "Pre-test" means a state-mandated
assessment that is part of the Innovative Benchmark Assessment Pilot Program
provided to students at the beginning of summer programming required by the
Tennessee Learning Loss Remediation and Student Acceleration Act to determine
current knowledge on prioritized math and ELA content.
(h) "Post-test" means a state-mandated
assessment that is part of the Innovative Benchmark Assessment Pilot Program
provided to students at the end of summer programming required by the Tennessee
Learning Loss Remediation and Student Acceleration Act to determine knowledge
gained on prioritized math and/or ELA content. The post-test used to determine
adequate growth pursuant to T.C.A. §
49-6-3115 for purposes of
determining eligibility for promotion from third (3rd) to fourth (4th) grade
shall be the assessment created by the Department that is aligned to the ELA
portion of the third (3rd) grade TCAP assessment beginning in the 2022-2023
school year.
(i) "Tennessee
Literacy Success Act" means Tennessee Code Annotated ("T.C.A.") §§
49-1-901 et seq.
(j) "Tennessee Learning Loss Remediation and
Student Acceleration Act" means T.C.A. §§49-5-1501 et
seq.
(2) Pursuant to the
Tennessee Literacy Success Act, each LEA and public charter school shall
annually administer a Universal Reading Screener approved by the State Board of
Education to each student in Kindergarten through grade three (K-3) during each
of the three (3) administration windows established by the
Department.
(3) Student performance
on a Universal Reading Screener shall be used to identify students in
Kindergarten through grade three (K-3) with a Significant Reading Deficiency or
students who are At Risk for Significant Reading Deficiency. Students in
Kindergarten through grade three (K-3) with a Significant Reading Deficiency or
students who are At Risk for Significant Reading Deficiency are considered
below proficient in ELA and shall be regarded as priority students for purposes
of implementing the Tennessee Learning Loss Remediation and Student
Acceleration Act.
(4) Each LEA and
public charter school's foundational literacy skills plan shall include the
chosen Universal Reading Screener.
(5) All Universal Reading Screeners shall be
Nationally Normed. LEAs and public charter schools may choose from the
following Universal Reading Screener options:
(a) A Nationally Normed Tennessee Universal
Reading Screener provided by the Department at no cost to LEAs and public
charter schools;
(b) A Universal
Reading Screener from an approved list of Nationally Normed Universal Reading
Screeners identified by the Department and approved by the State Board in State
Board Policy 3.302; or
(c) LEAs and
public charter schools may request from the State Board approval to use a
locally identified Universal Reading Screener. LEAs and public charter schools
requesting approval from the State Board to use a locally identified Universal
Reading Screener shall submit a revised foundational literacy skills plan to
the Department by June 1 prior to the school year in which the LEA or public
charter school wishes to use the locally identified screener. The request shall
identify the Universal Reading Screener and provide written documentation
outlining the evidence that the Universal Reading Screener meets the
requirements identified in parts 1. through 6. below. The Department shall
review each request and make recommendations to the State Board for approval by
July 31 of each year. Each request shall provide proof, including technical
reports and assessment specifications, that the Universal Reading Screener
meets the following criteria:
1. Is Nationally
Normed;
2. Complies with dyslexia
screening requirements established in T.C.A. §
49-1-229;
3. Complies with the universal screening
norms and identification requirements established in Tennessee's RTI²
framework manual;
4. Produces
scores that meet the Department's criteria to reliably and validly identify
students with a Significant Reading Deficiency or students who are At Risk for
Significant Reading Deficiency, identifies priority students for purposes of
implementation of the Tennessee Learning Loss Remediation and Student
Acceleration Act, and can measure student growth from one (1) administration
window to another;
5. Produces
results that allow for the reliable generation of individual growth scores for
teachers teaching pre-Kindergarten through grade two (pre-K-2) to use as an
alternative growth model in accordance with the Tennessee Literacy Success Act
and the Tennessee Learning Loss Remediation and Student Acceleration Act;
and
6. Provides a full dataset of
student and educator data that can be submitted electronically to the
Department three (3) times a year in a manner that complies with the Family
Educational Rights and Privacy Act (FERPA) (20 U.S.C. §
1232g), T.C.A. §
10-7-504, the Data Accessibility,
Transparency and Accountability Act (Title 49, Chapter 1, Part 7), and all
other applicable state and federal privacy laws in a format that meets the
Department's data standard.
(d) All Universal Reading Screeners approved
by the State Board for use by LEAs and public charter schools shall be listed
in State Board Policy 3.302. A Universal Reading Screener may be removed from
the approved list in State Board Policy 3.302 by the State Board if the
Universal Reading Screener does not continue to meet the requirements set forth
in paragraphs (5)(c)1.-6. of this Rule, or the Tennessee Literacy Success Act,
such that any LEA or public charter school that utilizes the Universal Reading
Screener is unable to maintain compliance with the Literacy Success Act.
1. After every administration of the
Universal Reading Screener, the Department shall send written notice to any LEA
or public charter school that is out of compliance with this rule or the
Tennessee Literacy Success Act due to use of a Universal Reading Screener that
does not comply with the requirements set forth in paragraphs (5)(c)1.-6. of
this Rule. The notice shall:
(i) Clearly
state that the LEA or public charter school's vendor is out of compliance with
this rule or the Tennessee Literacy Success Act;
(ii) Outline the reasons for non-compliance;
and
(iii) State that failure to
remedy the non-compliance by the deadline set by the Department may result in a
recommendation to the State Board to remove the Universal Reading Screener from
the approved list based on such non-compliance.
2. The notice shall also be sent to the
Universal Reading Screener vendor and the chair of the State Board. LEAs and
public charter schools that receive a notice of non-compliance from the
Department shall work with their Universal Reading Screener vendor to remedy
the non-compliance with this rule and the Tennessee Literacy Success
Act.
3. If the Universal Reading
Screener vendor does not come into compliance by the deadline set by the
Department, and the LEA or public charter school continues to be out of
compliance with this rule or the Tennessee Literacy Success Act due to the use
of a non-compliant Universal Reading Screener, the Department may bring a
recommendation to the State Board that the Universal Reading Screener be
removed from the approved list in State Board Policy 3.302. The recommendation
shall provide specific information to the State Board regarding the
non-compliance, including, but not limited to:
(i) A list of LEAs and public charter schools
that use the Universal Reading Screener that is being recommended for removal
from the approved list;
(ii) A copy
of the non-compliance notice that was provided to the LEA or public charter
school and Universal Reading Screener vendor by the Department;
(iii) Data comparing the performance of the
Universal Reading Screener vendor as compared to other State Board-approved
Universal Reading Screener vendors, including, but not limited to the number of
accurate and inaccurate data sets submitted by each approved vendor out of the
total required data sets within the required window, whether all data sets were
submitted for each LEA or public charter school by each approved vendor, and
the number of errors in the data sets provided by each approved vendor;
and
(iv) Any additional information
requested by the State Board regarding the non-compliance and reasons
supporting the recommendation for removal of the Universal Reading Screener
from the approved list, provided such information is available to the
Department.
4. The
Universal Reading Screener vendor, any LEA and/or any public charter school may
request to speak at the Board meeting when the recommendation is presented by
providing notice to the State Board in compliance with State Board Policy
1.400.
5. The Board may vote to
remove the Universal Reading Screener vendor from the approved list, to keep
the Universal Reading Screener on the approved list, or to defer the vote to a
later date.
6. The Department shall
create and post on its website a Universal Reading Screener data guide which
may include a technical manual, data dictionary, and/or data submission
template to support LEAs, public charter schools, and State Board-approved
Universal Reading Screener vendors to maintain accurate and timely submissions
of data in accordance with this rule and the Tennessee Literacy Success
Act.
(6)
Approved Universal Reading Screeners may be used by LEAs and public charter
schools to comply with dyslexia screening requirements established in T.C.A.
§
49-1-229 and with the universal
screening requirements established in Tennessee's RTI² framework
manual.
(7) LEAs and public charter
schools may need to find an alternate tool to measure reading proficiency if a
student has a documented disability in an Individualized Education Program
(IEP) or section 504 plan that indicates the student has a language or physical
barrier to using one (1) of the approved Universal Reading Screeners outlined
in paragraph (5) of this rule.
(8)
Each LEA and public charter school shall submit electronically to the
Department the full dataset for each Universal Reading Screener administered to
students three (3) times per school year. All student information must be
maintained in accordance with the Family Educational Rights and Privacy Act
(FERPA) (20 U.S.C. §
1232g), T.C.A. §
10-7-504, the Data Accessibility,
Transparency and Accountability Act (Title 49, Chapter 1, Part 7) and all other
applicable state and federal privacy laws in a format that meets the
Department's data standard.
(9)
LEAs and public charter schools may choose to administer a Universal Reading
Screener to pre-Kindergarten students.
(10) The Department shall implement an
Innovative Benchmark Assessment Pilot Program pursuant to the Tennessee
Learning Loss Remediation and Student Acceleration Act to provide the Tennessee
Universal Reading Screener, the Tennessee universal math screener, and
state-adopted benchmark assessments to LEAs and public charter schools to more
frequently measure student learning and address student learning
loss.
(11) Pursuant to the
Tennessee Learning Loss Remediation and Student Acceleration Act, LEAs and
public charter schools may use the state-adopted benchmark assessments, the
Tennessee universal math screener, the Tennessee Universal Reading Screener, or
a Universal Reading Screener approved by the State Board to identify priority
students for after-school learning mini-camps, learning loss bridge camps, and
summer learning camps.
(a) For grades
Kindergarten through three (K-3), the Tennessee Universal Reading Screener
provided by the Department, the Tennessee universal math screener provided by
the Department, or a Universal Reading Screener approved by the State Board
shall serve as the state-adopted benchmark assessments required to be used by
LEAs and public charter schools to identify priority students for after-school
learning mini-camps, learning loss bridge camps, and summer learning
camps.
(b) For grades four (4)
through nine (9), a locally adopted benchmark assessment approved by the
Department for use by the LEA or public charter school shall serve as the
state-adopted benchmark assessments used by LEAs and public charter schools in
implementing the Tennessee Learning Loss Remediation and Student Acceleration
Act. Each LEA or public charter school shall request from the Commissioner of
Education approval to use locally adopted benchmark assessments as the
state-adopted benchmark assessment. Each request shall include:
1. The name of each locally adopted benchmark
assessment requested for use; and
2. The performance category for each locally
adopted benchmark assessment that the LEA or public charter school will use to
identify priority students, to implement the Tennessee Learning Loss
Remediation and Student Acceleration Act.
(c) Any student in Kindergarten through grade
three (K-3) scoring in the 40th percentile or below on a Nationally Normed
universal math screener shall be considered below proficient in math and
regarded as a priority student for purposes of implementing the Tennessee
Learning Loss Remediation and Student Acceleration Act.
(12) Pursuant to the Tennessee Learning Loss
Remediation and Student Acceleration Act, LEAs and public charter schools shall
use the state-provided pre- and post-test to monitor student growth in summer
programming during the summer of 2021 and every summer thereafter.
Authority: T.C.A. §§
49-1-901, et seq., and 49-6-1501,
et seq.; Chapter 1 of the Public Acts of 2021 (1st Extraordinary Session); and
Chapter 3 of the Public Acts of 2021 (1st Extraordinary
Session).
