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Conference committee approves amended conference report on third-to-fourth grade promotion, removes 2-year sunset

April 25, 2024 | Conference Committee, Joint, Committees, Legislative, Tennessee


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Conference committee approves amended conference report on third-to-fourth grade promotion, removes 2-year sunset
A legislative conference committee met to reconcile House Bill 2326 and Senate Bill 2183 on third-to-fourth grade retention and approved a majority report incorporating amendments, the chair announced. Representative Hicks, the bill sponsor in the House, told the committee the parties had negotiated changes that would remove the House’s two-year sunset and alter the role of benchmark screening as a promotion pathway.

The change discussed would remove the ability to rely on “adequate growth” from a benchmark screener as one route for promotion in exchange for striking the two-year sunset, Representative Hicks said. That exchange was presented as a compromise to resolve differences between the House and Senate drafts.

Why it matters: The committee also clarified how school-level conference decisions would be made under the bill. Representative Hicks described a three-group decision model — principal, teacher and parent or guardian — with each group acting as a single voting bloc and a majority of the three deciding promotion outcomes. Representative White asked whether the bill would limit a parent’s right to request retention; the sponsor replied that parents retain the right to request a child be held back if they are adamant, even when school staff recommend promotion.

A separate discussion focused on required tutoring for students promoted to fifth grade after retention concerns. Representative Hicks raised whether the Tennessee TALC/TALLC tutoring program would always be available and funded. Casey Washburn of the Office of Legal Services said, “To the extent that there's funding appropriated for that program, it could vary from year to year,” and that program availability depends on appropriations by the General Assembly.

Committee members expressed concern about tying statutory promotion pathways to a single named program. Senator Lundberg recommended revising the bill to require “tutoring that meets requirements established by the department” rather than specifically naming TALC; Lundberg added that TALC’s low student-to-tutor ratio is important and that tutoring should not be delivered in large classroom groups. Legal counsel agreed the broader language would allow the department or districts to use TALC or other resources if appropriate.

The committee approved the wording change on a motion by Senator Lundberg, which was seconded and carried by voice vote. Representative Hicks then moved that the clerk prepare a majority report incorporating the committee’s changes; the motion was seconded and a roll call yielded nine ayes (Actbury, Lundberg, Powers, Taylor, White, Haston, Hicks of Hawkins, Parkinson and White). The chair declared the conference committee report passed.

The chair then called for a motion to adjourn; the committee adjourned without further action.

The committee’s actions clarify two procedural and substantive points for the reconciled bill: (1) the conference decision model at school level will be a three-group majority among principal, teacher and parent/guardian, and (2) required tutoring language was amended to reference department-established requirements rather than naming a single program, leaving continued program availability contingent on future appropriations.

Next steps: The clerk will prepare a majority report reflecting the committee’s agreed changes; further floor or chamber actions on the underlying bills were not recorded in this transcript.

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