2018 Tennessee Code
Title 49 - Education
Chapter 6 - Elementary and Secondary Education
Part 60 - Proficiency Testing
§ 49-6-6001. Graduation requirements.
(a) To receive a full diploma upon graduation from high school, a student must meet requirements as set forth by the state board of education.
(b)
(1) As a strategy for assessing student readiness for postsecondary education, every public school student shall take an examination at grade eleven (11). This assessment shall be approved by the commissioner of education and provide information to assist in developing interventions for the purpose of improving student preparation for postsecondary achievement.
(2) (A) If an assessment required under subdivision (b)(1) is misadministered by fault of the assessment provider, as determined by the department of education, then the assessment provider must respond as follows:
(i) An incident report on the misadministration must be provided to the department of education and the LEA or LEAs in which the misadministration occurred. The incident report shall provide remediation plans that will result in reportable scores, if possible;
(ii) The assessment provider shall reimburse the LEA or LEAs in which the misadministration occurred for any exam that does not result in a reportable score for the student; and
(iii) The assessment provider shall provide an opportunity for any student impacted by the misadministration to take the assessment again at no charge.
(B) Failure to respond as required in subdivision (b)(2)(A) shall result in the state not continuing to use the assessment and shall be considered a breach of contract by the assessment provider.
(3) Subject to available appropriations each year, each student participating in the assessment pursuant to subdivision (b)(1) shall have the opportunity to retake the assessment one (1) additional time prior to graduation.
(c) All tests developed or used to implement this section, all banks of questions, all field testing documents used as background for the development of the tests and all answers shall be kept confidential when and for as long as necessary to protect the integrity of the tests, and accordingly, are exempt from the requirements of § 10-7-503.
(d) The board shall require each LEA to provide remediation services to any student who fails a portion of any examination required under this section for the portion of the examination that the student failed.
(e) [Deleted by 2018 amendment.]
(f) [Deleted by 2018 amendment.]
(g) In addition to a full diploma, a certificate of attendance, or a special education diploma, the board shall adopt an occupational diploma for students with disabilities. The board shall set appropriate standards and benchmarks of attendance, academic achievement, and job readiness skills for the occupational diploma. A student is not required to comply with the testing requirements of subdivision (a)(1) in order to receive an occupational diploma.
(h) The commissioner of education is directed to establish dates for the administration of assessments required for graduation that provide the maximum instructional days possible prior to testing while maintaining compliance with all relevant federal law.
(i) Students who, in lieu of graduating from high school, obtain a general equivalency development credential (GED(R)) shall be counted as a high school graduate of the high school that they attended or were eligible to attend for the purpose of calculating graduation rates; provided, however, that such students shall not be counted as graduates for purposes pursuant to which such inclusion in a graduation rate calculation is prohibited by federal law.
(j) No LEA shall require any enrolling or transferring student, who is in grade eleven (11) or higher and in the custody of the department of children's services or exiting its custody, to meet more than the minimum requirements for graduation set forth by the state board of education. The LEA shall issue a full diploma to any such student who meets the minimum requirements.
(k) The state board of education shall adopt an alternate academic diploma for students with the most significant cognitive disabilities who are assessed with the alternate assessment under § 49-1-612. The board shall ensure the diploma is aligned with the requirements for a regular high school diploma.
