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2021 Tennessee Code
Title 49 - Education
Chapter 6 - Elementary and Secondary Education
Part 26 - Tennessee Education Savings Account Pilot Program
§ 49-6-2606. Annual Administration of (Tcap) Tests for Math and English Language Arts — Report of Graduation — Parental Satisfaction Survey — Annual Report — Audit

Universal Citation: TN Code § 49-6-2606 (2021)
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    1. As a condition of participating in the program, participating students in grades three through eleven (3-11) must be annually administered the Tennessee comprehensive assessment program (TCAP) tests for math and English language arts, or successor tests authorized by the state board of education for math and English language arts.

    2. For participating students enrolled full-time in a participating school, the participating school shall annually administer the tests required in subdivision (a)(1) to participating students.

    3. For participating students seventeen (17) years of age or younger who are not enrolled full-time in a participating school, the participating student's parent must ensure that the participating student is annually administered the tests required in subdivision (a)(1). A participating student who has reached the age of eighteen (18) and who is not enrolled full-time in a participating school must ensure that the participating student is annually administered the tests required in subdivision (a)(1).

  2. The department shall ensure that:

    1. Parents report the participating student's graduation from high school to the department; and

    2. A parental satisfaction survey is created and annually disseminated to parents of participating students that requests the following information:

      1. Parental satisfaction with the program, including parental recommendations, comments, and concerns;

      2. Whether the parent terminated the participating student's participation in the program and the reason for termination;

      3. Methods to improve the effectiveness of the program, including parental recommendations for doing so; and

      4. The number of years the parent's participating student has participated in the program.

  3. In compliance with all state and federal student privacy laws, beginning at the conclusion of the first fiscal year in which the program enrolls participating students, the department shall produce an annual report that is accessible on the department's website with information about the program for the previous school year. The report must include:

    1. The number of students participating in the program;

    2. Participating student performance on annual assessments required by this section, aggregated by LEA and statewide;

    3. Aggregate graduation outcomes for participating students in grade twelve (12); and

    4. Results from the parental satisfaction survey required in subdivision (b)(2).

  4. In compliance with all state and federal student privacy laws, the program is subject to audit by the comptroller of the treasury or the comptroller's designee no later than the first fiscal year in which the program enrolls participating students and annually thereafter. The audit may include a sample of ESAs to evaluate the eligibility of the participating students, the funds deposited in the ESAs, and whether ESA funds are being used for authorized expenditures. The audit may also include an analysis of the department's ESA monitoring process and the sufficiency of the department's fraud protection measures. The department shall cooperate fully with the comptroller of the treasury or the comptroller's designee in the performance of the audit. The audit must be made available to the members of the general assembly.


    1. Data from the Tennessee comprehensive assessment program (TCAP) tests, or successor tests authorized by the state board of education, that are annually administered to participating students in grades three through eleven (3-11) pursuant to subsection (a) must be used to determine student achievement growth, as represented by the Tennessee Value-Added Assessment System (TVAAS), developed pursuant to chapter 1, part 6 of this title, for participating schools.

    2. The department shall, in compliance with all state and federal student privacy laws, make the TVAAS score of each participating school publicly available on the department's website.
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