We are on the precipice, dear reader. Next Tuesday is the bill filing deadline in the House, and Thursday is the cutoff in the Senate. We’re sitting at 971 (as of this writing) combined bills and joint resolutions in the House and Senate, and I’d expect that number maybe(?) doubles by the end of next week? We will find out shortly! And, save the Governor’s magic legislation wand, which can drop bills whenever the Gov so chooses and amend the budget proposal with just a flick of the wrist, we’ll see the entirety of the field by the end of next week. That can be overwhelming, but it’s mostly an opportunity – to get our feet under us, to find allies, maybe do a little power mapping or crank a couple political levers and really get the GRASSROOTS machine purring. Onward!
TDC Priority Bills
- ABLE Estate Recovery – this bill would prohibit the state from seeking estate recovery (clawback) of funds in an ABLE account following the death of a beneficiary, beyond what is required by federal law
- We’ve got bill text, as you can see from the link above!
- Nothing too complicated – it does what it means to do, which is encourage people to open ABLE accounts by protecting those funds from estate recovery
- We should probably see this one move into the Senate Health committee not next week, but the following week
- Hey! You could give your elected official a call about this one, if you wanted! Especially if they’re on a House or Senate health committee! It’d be a nice way to ease into the GRASSROOTS this year!
- Here are some talking points that we think could be persuasive to our good friends down at the General Assembly
- Next up: committees, soon probably
- Right to Repair pt. 1 (R2R1) – this bill would prohibit insurance companies from requiring a prior authorization for the repair of a wheelchair
- We’ve finalized our caption bill language (because I procrastinate) and should have it submitted soon!
- Next up: you should see the caption drop on the GA website before the bill filing deadline!
- Corporal Punishment prohibition – this bill would put protections in place to screen students for a disability prior to eligibility for the use of corporal punishment in schools
- Samesies for this one- we’ve been working to find the right balance between thorough and enforceable protections and political viability
- Next up: getting that thing on the clerk’s desk before next Tuesday
- Note: perhaps by this time and place next week, given the full view of what legislation is on the table, we should be able to lock down our top 5 priority bills for the year
Other Legislation
- Assault against a health care professional – this bill increases legal penalties for aggravated assault of a health care professional
- Reiterating a couple things: assault is bad and we should protect health care workers from being subject to it, BUT, this is an after-the-fact penalty that I don’t think would dissuade a person in a state of crisis from lashing out
- I put this here because it’s on the move
- Next up:
- 3rd Grade Retention Fix(es) – the Learning Loss Remediation and Student Acceleration Act of 2021 (LLRSAA, if you're into the whole brevity thing) requires that 3rd grade students score “proficient” in the state TCAP test or be retained a grade (with some exemptions and appeals options)
- Everybody wants to fix this one, for good reason:
- There is little evidence that grade retention has lasting academic benefits, there is substantial evidence it can cause harm, it’s a logistical (and expensive) nightmare and it is unpopular with parents
- So let’s briefly run through what fixes have been proposed so far (it’s a bunch, deep breath):
- SB300/HB437 – this bill requires that the Department of Education (DOE) post the retention appeals process on their website
- Thought: it’s good to make important information as easy as possible to find and read, but this doesn’t address the root issue here (see above reasons)
- SB444/HB534 – allows students who are not “reading proficient” in 3rd grade but who attend learning loss summer camps to be promoted to 4th grade also be promoted to 5th grade if parents and school agree the child has achieved adequate growth
- Thought: this gets at the shortsighted rule in the LLRSAA that 4th grade students can also be held back if they are not “reading proficient” – again, gives parents a way out but doesn’t fix the retention policy
- SB249/HB68 – requires LEA’s to conduct summer learning loss and after-school camps indefinitely, rather than the policy expiring after last summer
- Thought: this one is relevant here because attendance at the camp plus demonstrated academic growth is an exception that allows a student who has not scored “proficient” advance to 4th grade
- Note below: bills without co-sponsors
- HB107 – requires LEA’s to develop and adopt their own retention policies, with certain exceptions, including using grades or other indicators of academic performance
- Thought: this one is probably the best so far, because districts have the incentive not to retain more kids than absolutely necessary (see: above logistical nightmare)
- SB412 - similar to the above bill except that it’s not district policies, but a decision made by administrators and teachers at the school level, includes requirements for alternatives to retention
- Thought: better than the existing policies and most closely resembles retention policies as it stands today – has some logistical details and parents’ rights I like
- HB270 – allows schools to promote 3rd graders who did not test proficient if they score or has scored proficient in other literacy proficiency screeners
- Thought: multiple points of measurement reduces the stakes of the TCAP and is much more in line with what the research says about academic evaluation
- HB456 – makes some changes to the LLRSAA about continuing summer learning loss camps, asks the DOE for disability-related guidance as it relates to retention, toss in some references to standards
- Thought: meh, this one doesn’t get at the issue, relies on the DOE to provide guidance ::eye roll:: about retention and seems like a pretty big nothingburger
- HB93 – shifts authority for determining retention policies to each individual LEA
- Thought: this one is okay, assuming LEA’s are adequately incentivized to develop reasonable, evidence-based policies while improving scores
- SB712/HB670 – not exactly a 3rd grade retention fix, but a misguided proposal in the same vein
- This bill would set the minimum age for promotion to 1st grade at 7, UNLESS the child scores proficient in Kindergarten academic standards based on a first-grade entry assessment
- Thought: second verse, same as the first. This is another single-point-in-time assessment with even more emotionally- and attentionally-volatile children given in a now-much-higher-stakes environment. Pass.
- SB300/HB437 – this bill requires that the Department of Education (DOE) post the retention appeals process on their website
- So that’s what I’ve found and my briefest of thoughts on each of these.
- Keep your eyes peeled: one (or more) of these will make some big moves over the next few months
- Which one(s?) do you like (or really dislike)?
- Keep your eyes peeled: one (or more) of these will make some big moves over the next few months
- Everybody wants to fix this one, for good reason:
- Other stuff this week:
- HB66/SB248 – DIDD HCBS Through TEIS
- Rep. Lamberth/Sen. Johnson
- House Health Subcommittee – 1/31 @ 1:30pm CST
- HB64/SB246 – TANF Spenddown Extension
- Rep. Lamberth/Sen. Johnson
- House Health Subcommittee – 1/31 @ 1:30pm CST
- HB66/SB248 – DIDD HCBS Through TEIS
Federal Update:
- The House is setting up for a major showdown come summertime.
- The Federal government is approaching the debt ceiling and some members of the House are in a position to use this dilemma as a bargaining chip to make cuts to programs like Medicare, Medicaid and Children’s Health Insurance Program
- It’s impossible at this point to know what those cuts might look like, but here is what some are saying on the issue
- Likely preaching to the choir here, but cuts to Medicaid are bad
- And cuts like this are extremely unpopular with voters
Advocacy Update:
- Quick reminder: TDC and partners are working on addressing the issue of informal removal, which is the practice of calling parents to come to a school to pick up their student and then failing to record the removal as a suspension (as is law)
- But I want to hear from you!
- We’re working on developing parent education materials to get the word out about the prevalence of this issue and inform parents about how to deal with it
- So: what do you want to know?
- Follow this link to an online bulletin board where you can post questions, thoughts, comments, concerns, gifs, whatever
- Just click the little purple plus in the bottom right corner
- You can like other comments too, should you happen to agree
- Or if you don’t want to do all that, email me at jeff_s@tndisability.org
- This will help ensure that our materials are helpful to those who might want to use them!
- Follow this link to an online bulletin board where you can post questions, thoughts, comments, concerns, gifs, whatever
Media Highlights
- NY Times (subscription): Tennessee made national headlines again this week (and not in a great way). The article describes the nationalization of state and local politics, arguing that it exacerbates a more antagonistic and vindictive brand of partisanship. The issue here is the size of the Metro Council, with an administration bill proposing to cut it in half. You can read more about the issue here, but the NY Times article also notes that a 2020 study found the TN General Assembly to lead the nation in instances of state governments overruling local laws and policies.
- Chattanooga Times Free Press – it’s no secret that health care professionals, from nurses to specialists to front-liners, are in short supply. Chattanooga’s Erlanger Health hopes that an infusion of $13 million for increasing base pay for nurses helps attract and retain employees to make up for their current 100 nurse shortfall.
- The Tennessean – YES! Since the day I moved to East Nashville and ventured down to Shelby Bottoms, I’ve dreamt about turning that old naval building that vaguely resembles a ship into a restaurant (or maybe a brewery, depending on the day). WHELP, IT’S HAPPENING. Mayor John Cooper has included funds to transform the tantalizing but dilapidated building into a restaurant and community space in his proposed budget. Now, don’t let me down, Metro Council!
That’s it y’all. This may be the last relatively calm legislative week for a few months, so make sure you make this weekend count. Come Monday, it’s a whole new ballgame, so get your steps in, stock the pantry and narrow your eyes into a glinty, Clint Eastwood-esque look of resolve. It’s go time. Catch you next week.
Jeff