Rules & Regulations of the State of Tennessee
Title 0520 - Education
Subtitle 0520-01 - State Board of Education Rules, Regulations, and Minimum Standards for the Operation of the Public School System
Chapter 0520-01-03 - Academic and Instructional Requirements
Section 0520-01-03-.16 - PROMOTION AND RETENTION
Universal Citation: TN Comp Rules and Regs 0520-01-03-.16
Current through September 24, 2024
(1) The academic program implemented in each public school shall be designed to help students achieve the expectations of the grade-level State Board approved Tennessee Academic Standards and meet the requirements for promotion to the next grade.
(2) Promotion to the next grade level shall be based on the successful completion of required academic work or demonstration of satisfactory progress in each of the relevant academic areas.
(3) Each LEA and public charter school governing body shall develop and implement promotion and retention policies for students in grades Kindergarten through eight (K-8) in accordance with T.C.A. § 49-6-3115, this Rule, and the State Board's Promotion and Retention Policy 3.300. The LEA or public charter school's promotion and retention policy shall include a right for the parent or legal guardian to appeal a decision to retain a student.
(4) Schools shall identify students who demonstrate difficulty in achieving the requirements for promotion to the next grade level and therefore may be at risk for retention by February 1. However, a student may be identified as at risk for retention after February 1 if reasons for identifying a student as at risk for retention are identified in a lawfully adopted local board policy that identifies limited situations in which students may be identified as at risk for retention. Schools shall notify the parent or legal guardian of any student who is identified as at risk for retention within fifteen (15) calendar days of identification.
(5) Factors used to identify students who are at risk for retention shall, at a minimum, include:
(a) The student's ability to perform at the
expectations of the current grade-level standards;
(b) The results of local assessments,
screening, or monitoring tools;
(c)
State assessments, as applicable;
(d) Home Literacy Reports provided in
accordance with T.C.A. § 49-1-905;
(e) The overall academic achievement of the
student;
(f) The student's
likelihood of success with more difficult material if promoted to the next
grade;
(g) The student's attendance
record; and
(h) The student's
maturity.
(6) Schools shall develop and implement an individualized promotion plan for any student identified as at risk for retention to help the student avoid retention.
(a) The individualized promotion plan shall
be developed in coordination with the student's teachers, IEP or 504 team, if
applicable, and may also include input from the student's parents, school
counselor, or other appropriate school personnel. All promotion plans shall
include evidence-based promotion strategies and shall be tailored to the
student's learning needs. Each promotion plan shall also include expectations
and measurements that can be used to verify that a student has made sufficient
progress to be promoted to the next grade level. Promotion plans for students
in grades three (3) and four (4) shall include the additional requirements for
promotion set forth in paragraph (7) of this Rule.
(b) A copy of a student's promotion plan
shall be provided to his or her parent or legal guardian, and the school shall
offer to parents or legal guardians the opportunity for a parent-teacher
conference to discuss the promotion plan.
(c) If a student is not making progress on
his or her promotion plan, then the promotion strategies shall be modified to
support the student in the goal of promotion to the next grade level. A student
who demonstrates sufficient academic progress with the strategies included in
his or her promotion plan during the school year shall be promoted to the next
grade level unless retention is required as set forth in paragraph (7) of this
Rule.
(d) If a student has not
demonstrated sufficient academic progress as defined in his or her promotion
plan by the end of the school year, the student shall be eligible to enroll in
a summer reading or learning program if such program is available. For a
student in grade three (3) who is identified for retention in accordance with
paragraph (7) of this Rule and attends a summer reading or learning program,
the program must be conducted in accordance with T.C.A. § 49-6-3115 and
T.C.A. §§ 49-6-1501-1511.
(e) If the student was enrolled in a summer
reading or learning program, a decision for retention shall be made and
communicated to the parent or legal guardian in writing at least ten (10)
calendar days prior to the start of the next school year, or, if the student
was not enrolled in a summer reading or learning program, a decision for
retention shall be made and communicated to the parent or legal guardian in
writing at least thirty (30) calendar days prior to the start of the next
school year. The notification to the student's parent or legal guardian of the
retention decision shall be in writing and sent electronically and shall
include information regarding the parent or legal guardian's right to appeal
the retention decision in alignment with the LEA or public charter school's
promotion and retention policy.
(f)
Retention shall be considered only when it is in the best interests of the
student, or if retention is required by paragraph (7) for students in grades
three (3) and four (4). Retention decisions affecting a student receiving
special education services shall be made in consultation with the student's
Individualized Education Program (IEP) or 504 team and in accordance with the
provisions of the IEP or 504 plan.
(g) If a retention decision has been made,
then the school shall develop an individualized academic remediation plan for
the retained student within thirty (30) calendar days after the beginning of
the next school year. A copy of the academic remediation plan shall be provided
to the student's parent or legal guardian within ten (10) calendar days of
development of such plan.
1. The academic
remediation plan shall be developed in coordination with the student's
teachers, IEP or 504 team, if applicable, and may also include input from the
student's parents, school counselor, or other appropriate school
personnel.
2. The academic
remediation plan shall be implemented to help the retained student attain and
demonstrate learning proficiency and shall include at least one (1) of the
following strategies:
(i) Adjustment to the
current instructional strategies or high-quality instructional
materials;
(ii) Additional
instructional time;
(iii)
Individual tutoring;
(iv)
Modification to the student's classroom assignment to ensure the student
receives instruction from a teacher with a level of overall effectiveness of
above expectations (level 4) or significantly above expectations (level 5);
or
(v) Attendance or truancy
interventions.
(h) A student shall not be retained more than
one (1) time in any given grade level.
(i) Retention shall not:
1. Be used without an academic remediation
plan;
2. Be used as a punitive or
disciplinary measure;
3. Be based
solely on English language proficiency, for students who are identified as
English learners;
4. Be based on
the student's disability or suspected disability; or
5. Be based solely on a student's
maturity.
(j) This Rule
does not supersede an LEA's or public charter school's obligation to comply
with the Individuals with Disabilities Education Act (20 U.S.C. §§
1400 et seq.), or Section 504 of the
Rehabilitation Act (29
U.S.C. §
794).
(k) The progress of a retained student shall
be closely monitored and reported to the student's parent or legal guardian a
minimum of three (3) times during the school year in which the student is
retained.
(l) Beginning with the
2023-2024 school year, a student who is retained in any of the grades
kindergarten through three (K-3) shall be assigned a tutor to provide the
student with tutoring services for the entirety of the upcoming school year
based on tutoring requirements established by the Department.
(7) Each LEA and public charter school shall comply with the following additional requirements for promotion and retention of students in grade three (3) and four (4), in accordance with T.C.A. § 49-6-3115. Each LEA and public charter school shall notify parents or legal guardians of all students in grade three (3) and grade four (4) of the following promotion and retention requirements at the beginning of each school year:
(a) A student in grade
three (3) shall not be promoted to the next grade level unless the student is
determined to be proficient in English language arts (ELA) based on the
student's achieving a performance level rating of "on track" or "mastered"
(otherwise known as "met expectations" or "exceeded expectations") on the ELA
portion of the student's most recent Tennessee comprehensive assessment program
(TCAP) test.
(b) Notwithstanding
paragraph (7)(a):
1. A student in grade three
(3) who is not proficient in ELA, as determined by the student's achieving a
performance level rating of "approaching" on the ELA portion of the student's
most recent TCAP test, may be promoted to the fourth (4th) grade if:
(i) Pathway 1: The student is an English
language learner and has received less than two (2) full school years of ELA
instruction;
(ii) Pathway 2: The
student was previously retained in any of the grades kindergarten through three
(K-3);
(iii) Pathway 3: The student
is retested in accordance with Department guidelines before the beginning of
the next school year and scores proficient in ELA;
(iv) Pathway 4: The student attends a
learning loss bridge camp before the beginning of the upcoming school year,
maintains a ninety percent (90%) attendance rate at the camp, and the student's
performance on the post-test administered to the student at the end of the
learning loss bridge camp, as required under T.C.A. § 49-6-1502(4)(F),
demonstrates adequate growth, as defined in the State Board's Promotion and
Retention Policy 3.300;
(v) Pathway
5: The student receives high-dosage, low-ratio tutoring for the entirety of the
upcoming school year from a Tennessee accelerating literacy and learning corps
(TN ALL Corps) tutor. For the purposes of this Rule, "high-dosage, low-ratio
tutoring" means a minimum of two (2) thirty (30) minute sessions per week with
a one to three (1:3) teacher to student ratio. TN ALL Corps high-dosage,
low-ratio tutoring may be provided through the following options, in accordance
with T.C.A. § 49-6-1507:
(I) A tutor
recruited and trained through the Department's TN ALL Corps grant
program;
(II) A district recruited
tutor who has completed the Department's TN ALL Corps training; or
(vi) Pathway 6: Beginning with
third (3rd) grade students in the 2023-24 school year, the student demonstrates
proficiency in ELA standards based on the student scoring at or above the
fiftieth (50th) percentile on the most recently administered state-provided
benchmark assessment, if the benchmark assessment is administered to the
student in a test environment, in accordance with Department guidance, and the
student's LEA or public charter school agrees to provide tutoring services to
the student for the entirety of the student's fourth (4th) grade year.
(I) If a student is promoted to the fourth
(4th) grade pursuant to this Pathway 6, then the student's LEA or public
charter school shall notify the student's parent or guardian, in writing, of
the benefits of enrolling their student in a learning loss bridge camp and
encouraging the parent or guardian to do so.
(II) For the purposes of Pathway 6,
"state-provided benchmark assessment" means the Tennessee Universal Reading
Screener provided by the Department.
(III) The tutoring services provided to the
student for the entirety of the student's fourth (4th) grade year must be
high-dosage, low-ratio tutoring. For the purposes of this Rule, "high-dosage,
low-ratio tutoring" means a minimum of two (2) thirty (30) minute sessions per
week with a one to three (1:3) teacher to student ratio. TN ALL Corps
high-dosage, low-ratio tutoring may be provided through the following options,
in accordance with T.C.A. § 49-6-1507:
I.
A tutor recruited and trained through the Department's TN ALL Corps grant
program.
II. A district recruited
tutor who has completed the Department's TN ALL Corps training.
2. A student
in grade three (3) who is not proficient in ELA, as determined by the student's
achieving a performance level rating of "below" on the ELA portion of the
student's most recent TCAP test may be promoted to the fourth (4th) grade if:
(i) Pathway 1: The student is an English
language learner and has received less than two (2) full school years of ELA
instruction;
(ii) Pathway 2: The
student was previously retained in any of the grades kindergarten through three
(K-3);
(iii) Pathway 3: The student
retested in accordance with Department guidelines before the beginning of the
next school year and scores proficient in ELA; or
(iv) Pathway 4: The student attends a
learning loss bridge camp before the beginning of the upcoming school year and
maintains a ninety percent (90%) attendance rate at the camp, and receives
high-dosage, low-ratio tutoring for the entirety of the upcoming school year
from a Tennessee accelerating literacy and learning corps (TN ALL Corps) tutor.
For the purposes of this Rule, "high-dosage, low-ratio tutoring" means a
minimum of two (2) thirty (30) minute sessions per week with a one to three
(1:3) teacher to student ratio. TN ALL Corps high-dosage, low-ratio tutoring
may be provided through the following options, in accordance with T.C.A. §
49-6-1507:
(I) A tutor recruited and trained
through the Department's TN ALL Corps grant program.
(II) A district recruited tutor who has
completed the Department's TN ALL Corps training.
(c) A student who is
promoted to the fourth (4th) grade pursuant to paragraph (7)(b)1.(v) or
(7)(b)2.(iv) of this Rule must show adequate growth on the fourth (4th) grade
ELA portion of the TCAP test as further defined in State Board Promotion and
Retention Policy 3.300, before the student may be promoted to the fifth (5th)
grade.
(d) Notwithstanding
paragraph (c), a student shall not be retained in fourth (4th) grade more than
once.
(e) The requirements set
forth in paragraphs (7)(a)-(d) do not supersede an LEA's or public charter
school's obligation to comply with the Individuals with Disabilities Education
Act (20 U.S.C. §&§ 1400 et seq.) or Section 504 of the
Rehabilitation Act (29
U.S.C. §
794).
1. In accordance with T.C.A. §
49-6-3115, an LEA or public charter school shall not retain a student with a
disability or a suspected disability that impacts their ability to
read.
2. Retention and promotion
decisions shall be made on a case-by-case basis and in consultation with the
student's IEP and/or 504 team to determine whether the student's performance on
the ELA TCAP was due to the student's disability. Such consultation includes,
but is not limited to, a review of evaluation and eligibility data, input from
the student's teachers and parents, benchmark assessments, and classroom
performance.
(f) Appeals
to the Department.
1. The parent or legal
guardian of a student who is identified for retention in third (3rd) grade
pursuant to paragraph (7)(a) based on the student's achieving a performance
level rating of "approaching" on the ELA portion of the student's most recent
TCAP test, may appeal directly to the Department. A parent or legal guardian
may provide written consent, on a form provided by the Department to LEAs and
public charter schools, for a school principal, guidance counselor, teacher, or
other administrator of the student's school to file an appeal for the student
on behalf of the parent or legal guardian. The LEA or public charter school
shall fully inform the parent or legal guardian of the student's pathways to
fourth (4th) grade promotion prior to the parent or legal guardian signing the
consent form. Signed consent forms shall be collected by the LEA or public
charter school either electronically or on paper and shall be maintained for
monitoring purposes by the LEA or public charter school.
(i) A decision to retain a student for any
other reason, as set forth in paragraphs (1)-(6) of this Rule may be appealed
at the local level only, pursuant to the LEA or public charter school's
promotion and retention policy.
2. The appeal process for a student who is
identified for retention in third (3rd) grade pursuant to paragraph (7)(a)
based on the student's achieving a performance level rating of "approaching" on
the ELA portion of the student's most recent TCAP test shall be administered by
the Department. Information regarding the appeals process and timelines shall
be posted on the Department's website. All appeals shall be submitted on the
appeal forms provided by the Department and posted on its website. If an appeal
is not submitted on the appropriate appeal form, the appeal shall be
denied.
3. The Department shall
open the appeals window no later than five (5) business days after the
Department releases individual student results to LEAs and public charter
schools for the ELA portion of the 3rd grade TCAP. All appeals shall be
submitted within the appeals window determined by the Department. The
Commissioner's designee(s) shall review all properly submitted appeals, make a
determination, and issue an electronic notification of the decision to the
parent or legal guardian within fourteen (14) calendar days of receiving the
appeal. An extension of the fourteen (14) calendar day timeline is permitted if
the Commissioner determines exceptional circumstances exist with respect to a
particular appeal requiring the Department to request additional information
necessary to make a determination.
4. The Commissioner's designee(s) may
overturn the identification of a student as at risk for retention in third
(3rd) grade pursuant to paragraph (7)(a) and allow the student to be promoted
to the fourth (4th) grade if one (1) or more of the following grounds is met:
(i) Ground 1:
(I) The parent or legal guardian of the
student agrees they were provided notice of all requirements of a Ground 1
appeal and agrees that their student will comply with all requirements of a
Ground 1 appeal if the Commissioner's designee overturns the identification of
the student as at risk for retention in 3rd grade;
(II) For the 2023-24 academic year, the
student scores at or above the fortieth (40th) percentile on a State
Board-approved universal reading screener identified in State Board Universal
Reading Screener Policy 3.302 and administered by the LEA or public charter
school;
(III) For the 2024-25
academic year and thereafter, the student scores at or above the fortieth
(40th) percentile on the Tennessee Universal Reading Screener provided by the
Department and administered by the LEA or public charter school;
(IV) The principal of the student's school
agrees to develop an academic remediation plan for the student. The academic
remediation plan shall be developed in coordination with the student's
teachers, IEP or 504 team, if applicable, and may also include input from the
student's parents, school counselor, or other appropriate school personnel. The
academic remediation plan shall include evidence-based strategies tailored to
the student's learning needs. These evidence-based strategies shall include at
least one (1) of the following:
I. Adjustment
to current instructional strategies or high-quality instructional
materials;
II. Additional
instructional time;
III.
Modification to the student's classroom assignment to ensure the student
receives instruction from a teacher with a level of overall effectiveness of
above expectations (level 4) or significantly above expectations (level 5);
or
IV. Placement of the student in
a classroom with a reduced class size.
(V) The student's current ELA teacher and
school principal provide a unanimous recommendation that the student be
promoted to the 4th grade; and
(VI)
The student's LEA or public charter school agrees to provide high-dosage
low-ratio tutoring services to the student for the entirety of the student's
fourth (4th) grade year. "High-dosage, low-ratio tutoring" means a minimum of
two (2) thirty (30) minute sessions per week with a one to three (1:3) teacher
to student ratio. TN ALL Corps high-dosage, low-ratio tutoring may be provided
through the following options, in accordance with T.C.A. § 49-6-1507:
I. A tutor recruited and trained through the
Department's TN ALL Corps grant program.
II. A district recruited tutor who has
completed the Department's TN ALL Corps training.
(ii) Ground 2:
(I) The parent or legal guardian of the
student identified as at risk for retention in third (3rd) grade pursuant to
paragraph (7)(a), or the school personnel authorized to file an appeal on
behalf of the parent or legal guardian, documents that a catastrophic situation
occurred on the third (3rd) grade ELA TCAP test date or within sixty (60)
calendar days leading up to the third (3rd) grade ELA TCAP test administration
(and any makeup opportunities) that impacted the student and impeded the
student's ability to demonstrate the student's current level of knowledge on
the test. Examples of a catastrophic situation include, but are not limited to,
a death in the immediate family, loss of a family home, or significant medical
diagnosis.
5.
If the Commissioner overturns the identification of a student as at risk for
retention in third (3rd) grade pursuant to a successful Ground 1 appeal under
this subparagraph (f), the student may enroll in summer programming
opportunities provided by the student's LEA or public charter school if the LEA
or public charter school determines sufficient space is available.
6. If the Commissioner overturns the
identification of a student as at risk for retention in third (3rd) grade
pursuant to a successful Ground 2 appeal under this subparagraph (f), the
student may enroll in summer programming and/or tutoring opportunities provided
by the student's LEA or public charter school, if the LEA or public charter
school determines sufficient space is available.
Authority: T.C.A. §§ 49-1-302; 49-6-1501, et seq.; 49-6-3001; and 49-6-3115.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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