Happy Friday, TDC Family! And, of course, ‘twas another wild week down at the Tennessee General Assembly as our elected officials sprint towards the exits. We had some high-profile resignation drama, some long days/nights in chamber, daily protests (in and out of chamber) and (probably) one much-needed adjournment Sine Die. Despite the goofiness up on the hill, I want to reiterate again that the Tennessee disability community had a pretty darn good session this year. And it’s worth remembering the vital role that people with disabilities play in creating communities where all Americans thrive: we are the bellwether; what’s good for us is good for everybody, and what’s bad for everybody is doubly bad for us. That’s why what the community has done at the General Assembly this year, the impact the GRASSROOTS has had on legislation and the righteousness of our cause will make Tennessee great (or, greater than it already is). We may be done (or super close to it) for the year, but there’s plenty more to be accomplished – as Carol always says, “it’s a target-rich environment”. And I’ve got no doubt that we’ve got the goods to meet each moment when it so arrives. 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
- Right to Repair pt. 1 (R2R1) – this bill would prohibit insurance companies from requiring a prior authorization for the repair of power wheelchairs and some durable medical equipment
- Well, my excellent sources from last week were correct, this guy got its (measly, not-significant IMO) funding in the Finance, Ways and Means committee this week
- This allowed us to come out from “behind the budget” and paved the way for passage
- The bill was heard on the House floor, to raucous applause and several swoons, Friday morning after some House drama on Thursday
- And the bill passed unanimously
- Also to several swoons
- And the bill passed unanimously
- Thus, the bill heads to the Governor’s desk to meet its fate as Public Chapter!
- Huge shout out to our good friends and sponsors Representative Michael Hale and Senator Bo Watson
- Next up:
- The Gov’s Desk
- And Right to Repair Part 2, coming to a theater near you, next January
- The Gov’s Desk
- Well, my excellent sources from last week were correct, this guy got its (measly, not-significant IMO) funding in the Finance, Ways and Means committee this week
- 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
- Remember when this passed last week? Unanimously? That was great
- Assuming no shenanigans on the Gov’s desk – check
- Next up:
- The TCA (annotated)
- Remember when this passed last week? Unanimously? That was great
- 3rd Grade Retention – the Learning Loss Remediation and Student Acceleration Act of 2021 (LLRSAA21, for fun) requires that 3rd grade students score “proficient” in the state TCAP test or be retained a grade (with some exemptions and appeals options).
- This one passed the Senate with some dissent this Thursday, including some “debate” over amendments to the bill
- Sen. Yarbro wanted the bill to apply to students using the Education Savings Account/Voucher program as well
- Sen. Lundberg moved to table the amendment, ending debate on said amendment, and after the vote, inclusion of the amendment failed
- Sen. Akbari proposed an amendment that would delay implementation for one school year, arguing that students testing this year would be subject to a bill that has not yet passed
- Including the availability of the options/exceptions included in the bill for students that aren’t yet available to them
- Sen. Lundberg (who I should mention is the sponsor) asked to table the amendment because parents and teachers new this bill was coming
- After the vote, once again, this amendment failed
- Sen. Yarbro wanted the bill to apply to students using the Education Savings Account/Voucher program as well
- So, as a reminder of where we stand, this bill:
- adds in a second benchmark test as a consideration for retention decisions
- allows the school to appeal a retention decision on a student/family’s behalf
- adds tutoring for retained 3rd graders
- Lots of debate followed, this is what they said:
- This bill addressed calls to improve 3rd grade reading scores and its passage would represent that effort (probably technically true)
- Retention doesn’t have any empirical basis (which is true)
- Lots of things don’t work in education but we still do them (?)
- Tennessee teachers don’t ever learn how to teach kids to read (also ?)
- Citing studies that show the importance of 3rd grade reading (also true)
- The validity of standardized testing for evaluating a student’s skills (good question)
- Parents don’t understand what is going on and will get caught up in the bureaucracy (probably true)
- It’s the parent’s fault (classic)
- Ultimately, the bill passed the Senate 26-4 (with 2 present-not-voting)
- Similarly, the bill passed the House with some minor, partisan dissent
- But a different sort of debate, as is expected in the House
- So ultimately, the bill will go into effect this year, along with the original LLRSAA21
- Meaning that Tennessee will start holding back 3rd graders from entering 4th grade, starting next fall, based on this Spring’s testing
- Next up:
- The Gov’s desk
- This one passed the Senate with some dissent this Thursday, including some “debate” over amendments to the bill
- Mechanical Restraint for Students with Disabilities – this bill would allow school security officers (SSO’s) to use mechanical restraints such as handcuffs or zip ties on students with disabilities
- VBB – appropriately placed
Other Legislation
- Extreme Risk Order of Protection Law – this proposal would enhance Tennessee’s Order of Protection laws, which creates a mechanism (ERPO) by which family members or doctors could request that a person experiencing a mental health disorder have their guns temporarily confiscated
- After Governor Lee called for the General Assembly to act on guns, this is what he proposed they take up
- It’s not quite a “Red Flag Law”, but it’s in the same vein – this one is sometimes called an ERPO (Extreme Risk Protection Order)
- “Red Flag Laws” permit “ex parte” hearings in which the decision to remove a person’s guns do not require their presence at the hearing, or even knowledge of the hearing
- This bill requires that a person of whom guns are proposed to be removed be notified in advance of a hearing and be allowed (or their lawyers) to make their case that they should not be subject to the ERPO
- The ERPO only lasts for 180 days, and the subject can petition to have it vacated at any time
- Essentially, the bill attempts to thread the needle between a typical “Red Flag Law” and the concerns about due process and 2A expressed by opponents
- So what’ll happen with this bill? Nothin’, methinks
- The House GOP said that they will not consider a “Red Flag Law”, which doesn’t technically rule out passing this bill, but does more than hint that they won’t consider even discussing the Gov’s proposal
- And it’s Friday, they want to get out tomorrow at the latest, and there’s been no movement on getting it to a calendar in either the House or Senate
- Next up:
- Probably some fireworks next January
- Safe Gun Storage – this bill would convey a misdemeanor for individuals who do not safely and securely store a firearm in an unoccupied vehicle
- Sen. Yarbro threw a Hail Mary attempting to get some gun legislation on the Senate floor before they shut down the chamber for the year
- The bill was originally the above-described safe storage law, but, pulling out the rarely used Rule 63, Yarbro amended the bill to be a traditional “Red Flag Law”
- Rule 63 allows a Senator to call a bill that was previously calendared in a committee but not heard to be called directly to the Senate floor
- Sen. Watson, in his motion to immediately table (refuse) the amendment and request for the bill to be heard, said that it would set a bad precedent
- Also noting that Rule 63 has never been used
- The bill was originally the above-described safe storage law, but, pulling out the rarely used Rule 63, Yarbro amended the bill to be a traditional “Red Flag Law”
- Ultimately, the Senate voted to table the bill and amendment, meaning that they won’t take up debate or vote on it this year
- I would almost guarantee we see some version of the original Safe Storage bill or the amended Red Flag Bill brought up again next year
- Next up:
- Sen. Yarbro threw a Hail Mary attempting to get some gun legislation on the Senate floor before they shut down the chamber for the year
- Tennessee Special Educator Scholarship Act – this bill would allow individuals pursuing a special education degree and license to receive up to $750 per semester toward the cost of the program, in exchange for agreeing to teach Special Ed in a Tennessee school for 3 years
- This one was taken off notice, perhaps a victim of time and the rush to the finish
- I have a feeling we’ll see this back again next year
- Next up:
- 2024
- This one was taken off notice, perhaps a victim of time and the rush to the finish
- Tennessee Rural and Workforce Housing Tax Credit – this bill would establish a tax credit for developers who construct affordable housing
- This one ran out of time too, but I have the same feeling that we’ll see this one again next year
- Next up:
- 2024
- Breast Cancer Screening Insurance Coverage – this bill requires that insurance benefits plans that cover mammograms also coverage diagnostic imaging and supplemental breast cancer screenings without additional cost-sharing requirements
- I hadn’t seen this one up to this point, but I saw Rep. Alexander give an impassioned plea for passage of this bill (starts at 1:37:55), which certainly caught my attention
- And this bill, as she eloquently outlined, is a Very Good Bill (VGB)
- Should a mammogram indicate the need for further screenings to confirm or rule out cancer, it seems like it would be good for people to have unburdened access to those services
- It’s got one more hurdle in the Senate, and it might not get there in time to get through this year, but it’s been smooth sailing thus far
- And it’s got a bit of a fiscal note, which is always troublesome
- Could it make it? It’s very possible, but this place has suddenly become very hard to predict lately
- The bill passed the House 98-0, as it should
- Next up:
- Senate Calendar Committee – TBD
- Other stuff this week:
- Nothin’
Federal Update
- Congress is barreling towards a perilous confrontation over the debt ceiling that could have major implications for Americans with disabilities
- First, some background and context:
- The “debt ceiling” is the amount of money the federal government is authorized to borrow to pay for its debt obligations (Social Security benefits, interest on debt, etc.)
- On a pretty routine basis, Congress has agreed to raise the debt ceiling to avoid allowing the United States to default on its debt
- Defaulting on the national debt would be catastrophic to the US and world economies
- Congress has raised the ceiling on a bipartisan basis 78 times in US history, under both Democrat and Republican presidents
- House Republicans have promised that they would not agree to raise the debt ceiling unless the Biden administration acceded to their demands
- Up until now, the demands have not been specifically outlined
- But now, we have those demands
- And those demands are concerning for Americans with disabilities
- House Republicans have proffered a bill that would:
- Repeal many components of the Inflation Reduction Act, including price caps on insulin and other Medicare pharmacy costs, permission for Medicare to negotiate drug prices and reduction of health insurance premiums
- Cutting staffing for administration of Medicare and Social Security
- Add and expand work requirements/limit work requirement exemptions for those receiving Medicaid and/or SNAP benefits
- House Republicans have proffered a bill that would:
- That said, it’s unlikely that all of those demands are met
- Or any of them for that matter
- President Biden has said that he will not negotiate on these terms over the debt ceiling
- Or any of them for that matter
- So are we headed for global financial catastrophe? Or are we rolling back hard-fought wins on lowering health care costs and increasing access to benefits?
- Ugh - we'll find out by August 11th
- First, some background and context:
GRASSROOTS Update
- Take a victory lap here team, you done good
- The GRASSROOTS flexed big time this year, getting good bills passed and bad bills blocked
- (or they outright snuffed them out in committee, forever and ever)
- As we enter the offseason, keep those victories in mind, because it’ll be January before you know it
- And we’ll need your muscles again
- Well done, my friends
- The GRASSROOTS flexed big time this year, getting good bills passed and bad bills blocked
Media Highlights
- NY Times – the expulsions of Representatives Justin Jones and Justin Pearson have thrust both into the national spotlight and they, in turn, have thrust that spotlight onto the Tennessee General Assembly, both to great turmoil this year. The NY Times highlights each in this piece.
- US News – a new study has found that 1 in 6 preschoolers with Autism is expelled from their daycare program. The study attributes the high, disproportionate rate as a result of fundamental misunderstandings about behavior and disability. That should come as no surprise to the disability community, who sees individuals with disabilities disproportionately subject to all sorts of punitive policy and practice throughout their lifetimes.
- Commercial Appeal – the General Assembly passed the $56.2 billion budget yesterday, with big investments in travel infrastructure, TCADs, sports facilities and the proliferation of school resource officers (SRO’s). Just for fun, the Tennessee budget from 2021 provided the 9th lowest spending per capita in the US.
- Tennessean – for those of you who are masochists, the St. Jude Rock and Roll Marathon Nashville returns in full force for the first time in 3 years to snarl your traffic and cramp your calves. With a new, less hilly and (apparently) less boring route, people who want to run around all day can hear 25 bands along the route on the way to the finish line at Nissan Stadium. There’s also a redeeming Doggie Dash included in the festivities, for those of us that prefer pups.
That’s all I’ve got for you this week, I’ll perhaps have some more profound things to say for the final update of the year next Friday, and I’ll follow up with an in-depth wrap-up of everything that happened during this weird, exhausting (yet exhilarating) session, but until then, have a great weekend!