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HB2163-SB2157
Gateway tests for Private & Home Schoolers

103rd Tennessee General Assembly

2004


(This page reads in reverse chronological order with current information at the top and older down the page.

Contact info for House K-12 Sub-committee members

Spring 2004 with the close of the legislative session this bill is dead.

3/2/04: HB2163 has been taken 'off notice'. This means the bill won't be heard tomorrow morning as scheduled. However, this bill can simply be rescheduled at any time. After getting nothing but Rep. Turner's answering machine all morning long I actually drove down to his office and spoke to his secretary who told me the bill had been taken off notice. I then went down to Rep. Les Winningham's office where his secretary confirmed that it had been taken off the schedule for tomorrow. 

It is important to remember, though, that at any point, it can be placed back on the calendar for hearing. Since the calendar isn't published until Monday morning and the committee meets Tuesday at 8:30 a.m. there isn't much lead time. 

I believe we need to keep the pressure on Rep. Turner and continue to phone, fax and e-mail his office until he 'withdraws' the bill. Only then can we relax until next year.

Rep. Mike Turner Office Phone: 615-741-3229 Office Fax: 615-532-8221
Toll Free: 1-800-449-8366 (You'll be prompted to enter either your legislator's 5 digit phone number (13229) OR by pressing 8 you access the directory of names OR by pressing 2 you can send a fax.)

3/1/04: This legislation was withdrawn by Rep. Turner on 3/1/04 without even being heard in a committee. Great work folks!

2/29/04: In the last several days many folks have tried to get a hold of Rep. Turner for an explanation of why the testing bill has been scheduled. Staff members 'don't know' and so only take messages. Both THEA's Mike Bell and Eagle Forum's Bobbie Patray have written that there is a chance this bill will be withdrawn on Monday. So watch this space. I'll post if the bill has been pulled. As it stands HB2163 which will require private and home schoolers to submit to the public school's gateway tests will be heard this Tuesday, 8:30 a.m. in Room 31 in the offices under the War Memorial Plaza. Again, contact information is here. 

2/26/04: Despite assurances from Rep. Mike Turner to the House and individuals that he wouldn't run his HB 2163 to require private and home schooled students to submit to the public school gateway or high school exit tests unless all three sides (public, private and home schools) were in agreement this bill has been scheduled to be heard this Tuesday, March 2 at 8:30 a.m. Also, Rep. Turner never did place the bill 'off notice' as he said told me he would. 

Here is contact information for the K-12 sub-committee of the House Education committee.

1/28/04: 10:32 a.m.: This from Rep. Mike Turner this morning:

  • He would place HB2163 'off notice' for now. This is one step back in the process and gives us a bit more breathing room. (As of this writing it hasn't been done.)
  • He said that any of the three parties (homeschoolers, private schoolers and public schoolers had veto power over this legislation. I believe he wants the bill to make it to a committee hearing before such a 'veto' could be invoked. 
  • He said he would forward to TnHomeEd a statement covering his reasoning for introducing this bill for me to post on this website and TnHomeEd e-lists. He said that no one (group) was behind this bill and that this was his own attempt to gather data and diagnosis the educational system. He did confirm that he had two different homeschooling family members that 'homeschooled' unsuccessfully, in his opinion. But that wasn't his motivation.
  • He said that he did stand on the House Floor the evening of 1/26/03 and comment on the whys and what's of this legislation. It's his experience that folks, to include legislators, are asking what homeschoolers are afraid of and hiding. Also, when he explains this legislation to some homeschoolers they think this bill is a good idea. And that he'd gotten calls from his constituents saying they welcomed this testing of homeschoolers. 
  • He said he expected the bill was going to be reworded as it made it way through. That he was not going to include any punitive language in the bill and that he wasn't sure whether the tests would be the current gateway tests, ACT's or some other test yet to be devised.

I believe we need to read his statement, when it comes, and respond with facts and rational explanations for our objections that touch on parental rights in regard to how we educate our children. This seems like a huge waste of resources, both for the government education system and private families that will be required to comply. This reminds me of the 'running amok' situation from several years back. Legislation is introduced based on anecdotes with no basis in fact. There is, obviously, an undercurrent that says we've got to get these homeschoolers under control. There are public education officials that mistakenly think that their job description includes the oversight of all school aged children. Such is not the case. We have opted out of their system and will resist every attempt to force us back in.

1/27/04: On the testing front: I called Rep. Mike Turner's office again today and his office staff knows about this bill but their response is he hasn't decided for sure to pull the bill. From two sources I've been told that Rep. Turner said on the House floor last night that he wouldn't run this bill until all three sides came to an agreement. I expect that sides one and two are homeschoolers and private schoolers and suspect that side three may be the education establishment. That is speculation on my part pending a real conversation with him. The House Education Committee calendar for 1/28/04 does not contain any legislation at this time and the bill isn't scheduled for a hearing according to the legislative website. 

1/28/06:

From: Mike Turner [mailto:rep.mike.turner@legislature.state.tn.us]
Sent: Wednesday, January 28, 2004 9:29 AM
To: jkbrooks
Subject: RE: HB2163 Testing for non-public schoolers

KAY THANK YOU FOR THE E-MAIL, THE PURPOSE FOR THE BILL WAS TO TRY TO GET A
METHOD TO RATE THE PROGRESS OF STUDENTS IN TENNESSEE BY GIVING PUBLIC AND
PRIVATE STUDENTS AS WELL AS HOME SCHOOLER'S A TEST THAT WOULD BE FAIR AND
THAT ALL THREE GROUPS AGREE ON. THAT WAY WE MIGHT BETTER EDUCATION IN
TENNESSEE BY LEARNING FROM EACH OTHER. I HAVE TOLD REPRESENTATIVE'S FROM ALL
THREE GROUPS INCLUDING YOU, THAT IF WE CAN'T COME TO AGREEMENT ON WHAT'S IN
THE TEST THEN WE WANT DO IT. THANK YOU FOR YOUR CONCERN AND PLEASE CALL ME
IF I CAN BE OF FURTHER ASSITANCE.  MIKE TURNER
-----Original Message-----
From: jkbrooks 
Sent: Tuesday, January 27, 2004 9:29 AM
To: Mike Turner
Subject: HB2163 Testing for non-public schoolers

Representative Turner,

Rumor control is reporting that you stated on the House floor that you will
not move House Bill 2163 which requires testing for non-public students.

Will you please confirm this?

Can you assure the homeschooling community that this legislation is dead?

Thank you for your time and service.

Kay Brooks
Founder, TnHomeEd.com
Info@TnHomeEd.com
http://tnhomeed.com/
3929 Ivy Drive
Nashville, TN 37216

1/22/04: So here's the legislation in better context.

49-1-608 currently reads:

49-1-608. Subject matter tests for secondary schools - Initiation of value added assessment.

"By not later than 1993, the development of subject matter tests will be initiated to measure performance of high school students * in subjects designated by the state board of education and approved by the education oversight committee. These tests must reflect the complete range of topics covered within the list of state approved textbooks for that subject. As soon as valid tests have been developed, the testing of students will be initiated to provide for value added assessment. Value added assessment shall be initiated in the designated subjects within secondary schools by 1999-2000 school year, and continued annually thereafter. Value added assessment may be initiated in other subjects designated by the state board of education and approved by the education oversight committee at such times as valid tests can be developed which effectively measure performance in such subjects. "

[Acts 1992, ch. 535, § 4; 1997, ch. 434, § 3; 1998, ch. 833, § 1.]

And so the new legislation will read (changes in RED):

"By not later than 1993, the development of subject matter tests will be initiated to measure performance of public or non-public high school students in subjects designated by the state board of education and approved by the education oversight committee. These tests must reflect the complete range of topics covered within the list of state approved textbooks for that subject. As soon as valid tests have been developed, the testing of students will be initiated to provide for value added assessment. Value added assessment shall be initiated in the designated subjects within secondary schools by 1999-2000 school year, and continued annually thereafter. Value added assessment may be initiated in other subjects designated by the state board of education and approved by the education oversight committee at such times as valid tests can be developed which effectively measure performance in such subjects. "

These subject matter tests are called 'gateway tests' and are required to be passed in order for students to obtain their high school diploma. Various local districts have incorrectly told homeschoolers that they need to take these tests but we have refused for several reasons among them being that they are not 'standardized' which the home school code requires and that subjecting ourselves to these tests means the state will be dictating what we teach our children. 

For further information see http://TnHomeEd.com/Testing.html

For a side-by-side comparison of the 49-6-3050(a)(2)(A) section of the homeschooling code go to: http://TnHomeEd.com/49-6-3050.html and you'll find the proposed changes in the left column next to the current law.

1/21/04: These bills were filed by Rep. Mike Turner (D-Nashville) and Senator Roscoe Dixon (D-Memphis).  Senator Dixon is the Vice Chair of the Senate Education Committee. Both of these bills have been referred to their respective education committees but are not currently scheduled to be heard.

1/21/04: HB2163 and SB2157 have been introduced. The summary is: 

"Extends public school testing requirements to students in non-public schools."

 Check for more detailed information here: http://TnHomeEd.com/HB2163-SB2157.html

 

Contact Info:

ROSCOE DIXON
D - Memphis
District 33 - Part of Shelby County

District Address
3592 Huckleberry
Memphis, TN 38116
Phone (901) 332-4856
Nashville Address
9A Legislative Plaza
Nashville, TN 37243-0033
Phone (615) 741-4158
Fax (615) 741-9349
Staff Contact: Dora Babb
 
Internet E-Mail Address
Sen. Roscoe Dixon

MIKE TURNER
D - Old Hickory
District 51 - Part of Davidson county

District Address
1408 Hadley Avenue
Old Hickory, TN 37138
Phone (615) 847-0002
Nashville Address
108 War Memorial Building
Nashville, TN 37243-0151
Phone (615) 741-3229
Fax (615) 532-8221
Staff Contact: Carol Roberts
Internet E-Mail Address
Rep. Mike Turner

Members of the K-12 Subcommittee:

Representative Joe Towns, Jr. - Chairman, 615-741-2189
rep.joe.towns@legislature.state.tn.us

Representative Richard Montgomery - Vice Chairman, 615-741-5981
rep.richard.montgomery@legislature.state.tn.us

Representative Diane Black, 615-741-1999
rep.diane.black@legislature.state.tn.us

Representative Harry Brooks, 615-741-6879
rep.harry.brooks@legislature.state.tn.us

Representative Tommie Brown, 615-741-4374
rep.steve.godsey@legislature.state.tn.us

Representative Ulysses Jones, Jr., 615-741-4575
rep.ulysses.jones@legislature.state.tn.us

Representative Mark Maddox, 615-741-7847
rep.mark.maddox@legislature.state.tn.us

Representative Larry Turner, 615-741-6954
rep.larry.turner@legislature.state.tn.us

Representative Les Winningham, 615-741-6852
rep.les.winningham@legislature.state.tn.us

 

From the summary on the state legislative site:

"Present law requires subject matter proficiency testing and comprehensive assessment testing (TCAP) for high school students. This bill would specify that such testing is mandatory for public and non-public high school students, including home school students affiliated with a non-public school."

Here's the legislation:

House Bill 2163 (It’s companion SB2157 reads exactly the same.)

AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 1, Part 6; Section 49-6-3050 and Title 49, Chapter 6, Part 60. relative to testing of school students.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 49-1-608, is amended by deleting the words “high school students” and substituting the words “public or non-public high school students”.

SECTION 2. Tennessee Code Annotated, Section 49-6-6001(a)(1), is amended by deleting the words ‘high school” and substituting the words “public or non-public high school”.

SECTION 3. Tennessee Code Annotated, Section 49-6-3050(a)(2)(A), is amended by deleting the period at the end of the subdivision and substituting the following:

, except those requiring the same testing of other home school or public school students.

  SECTION 4. The act shall take effect July 1, 2004, the public welfare requiring it.

 ###

 


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