Tennessee, the “other” RTTT finalist besides Delaware, has just passed through conference Committee the bill to jump out of Common Core…
Here is the text…
The Committee further recommends that the following amendment be adopted:
by deleting the preamble to the bill and by substituting instead:
WHEREAS, the federal government has no constitutional authority to set educational
standards for Tennessee or to determine how children in Tennessee will be educated. Any
partnership with the federal government is solely at the discretion of the state; and
WHEREAS, selection of educational standards for Tennessee public schools is the
exclusive right of state and local education authorities; and
WHEREAS, intrusive data tracking is an invasion of the rights of students and their
families and any data collected should be used for the sole purpose of tracking the academic
progress and needs of students by Tennessee education officials; now, therefore,
AND FURTHER AMEND by deleting all language after the enacting clause and by substituting
instead the following:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 1, Part 3, is
amended by adding the following language as a new, appropriately designated section:
49-1-3__.
(a) No educational standards shall be imposed on the state by the federal
government. Any adoption of educational standards for the public schools of the
state shall be done freely by the state board of education which, except as
provided in subsection (b), may change, adjust or recede from a standard at any
time
(b) A proposed change or addition to an educational standard, including,
but not limited to, the Next Generation Science Standards, the National
Curriculum Standards for Social Studies, the National Health Education
Standards, or the National Sexuality Education Standards shall be posted for
public review on the state board’s web site and submitted to the education
committees of the house of representatives and the senate at least sixty (60)
days before the state board meeting during which the final adoption of the
proposed standard is to be considered. The state board may vote on adoption of
standards or proposed changes or additions only at a public meeting at which a
quorum is in attendance.
(c) The state board shall not join a testing consortium inclusive of multiple
states that requires the adoption of common standards in social studies or
science subjects, unless the board provides at least sixty (60) days notice to the
education committees of the house of representatives and the senate and posts
such notice on its web site at least sixty (60) days before officially joining any
such consortium.
(d) Data collected from the use of or testing under educational standards
adopted by the state board shall be used for the sole purpose of tracking the
academic prowess and needs of students.
SECTION 2. Tennessee Code Annotated, Title 49, Chapter 1, is amended by
adding Sections 3 through 9 as a new, appropriately designated part.
SECTION 3. This part shall be known and may be cited as the “Data
Accessibility, Transparency and Accountability Act”.
SECTION 4. As used in this part:
(1) “Aggregate data” means data collected or reported at the group,
cohort or institutional level;

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(2) “Biometric record” means a record of one (1) or more measurable
biological or behavioral characteristics that can be used for automated
recognition of an individual;
(3) “Data system” means the body of student data collected by the
department of education;
(4) “De-identified data” means a student dataset in which parent and
student identifying information, including the personal identification number, has
been removed;
(5) “Department” means the department of education;
(6) “FERPA” means the federal Family Educational Rights and Privacy
Act codified at 20 U.S.C. § 1232g;
(7) “Personal identification number” means the unique student identifier
assigned to a student under § 49-6-5101;
(8) “State board” means the state board of education;
(9)
(A) “Student data” means data collected or reported at the
individual student level that is included in a student’s educational record;
(B) “Student data” includes:
(i) State and national assessment results, including
information on untested public school students;
(ii) Course taking and completion, credits earned and other
transcript information;
(iii) Course grades and grade point average;
(iv) Date of birth, grade level and expected graduation date
or graduation cohort;

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(v) Degree, diploma, credential attainment and other
school exit information such as receipt of the GED® and drop-out
data;
(vi) Attendance and mobility;
(vii) Data required to calculate the federal four-year
adjusted cohort graduation rate, including sufficient exit and drop-
out information;
(viii) Discipline reports limited to objective information
sufficient to produce the federal Title IV annual incident report;
(ix) Remediation;
(x) Special education data; and
(xi) Demographic data and program participation
information; and
(C) Unless included in a student’s educational record, “student
data” does not include:
(i) Juvenile delinquency records;
(ii) Criminal records;
(iii) Medical and health records;
(iv) Student social security number; and
(v) Student biometric information; and
(10) “Teacher data” means personal summative and evaluation scores,
the access to which is limited to the department, LEA administrators, local
boards of education or those with direct supervisory authority who require such
access to perform their assigned duties. Nothing in this part shall restrict the
availability of information pursuant to § 49-1-606.
SECTION 5. The state board of education shall:

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(1) Create, publish and make publicly available a data inventory and
dictionary or index of data elements with definitions of individual student data
fields currently in the student data system along with the purpose or reason for
inclusion in the data system;
(2) Develop, publish and make publicly available policies and procedures
to comply with FERPA, § 10-7-504 and other relevant privacy laws and policies.
These policies and procedures shall, at a minimum, require that:
(A) Access to student and de-identified data in the student data
system is restricted to:
(i) The authorized staff of the department and the
department’s contractors who require access to perform their
assigned duties;
(ii) LEA administrators, teachers, school personnel and the
LEA’s contractors who require access to perform their assigned
duties;
(iii) Students and their parents; provided, however, that a
student or the student’s parents may only access the student’s
individual data;
(iv) The authorized staff of other state agencies as
permitted by law; provided, however, that within sixty (60) days of
providing such access, the department shall provide notice of
such release to the state board and the education committees of
the house of representatives and the senate and post such notice
on the department’s web site;
(v) Parties conducting research for or on behalf of the
department or an LEA, provided such access is granted in

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compliance with FERPA and other relevant state and federal
privacy laws and policies, and provided the department shall
provide notice of such release to the state board and the
education committees of the house of representatives and the
senate and post such notice on the department’s web site;
(vi) Appropriate entities in compliance with a lawfully
issued subpoena or court order; or
(vii) Appropriate officials in connection with an interagency
audit or evaluation of a federal or state supported education
program;
(B) The department uses only aggregate data in public reports or
in response to public record requests in accordance with subdivision (3);
(C) The commissioner develops criteria for the approval of
research and data requests from state and local agencies, the general
assembly, researchers and the public; provided, however, that:
(i) Unless otherwise approved by the state board or
permitted in this part, student data maintained by the department
shall remain confidential; and
(ii) Unless otherwise permitted in this part or approved by
the state board to release student or de-identified data in specific
instances, the department may only use aggregate data in the
release of data in response to research and data requests; and
(D) Students and parents are notified of their rights under federal
and state law;
(3) Unless otherwise approved in this part or by the state board, the
department shall not transfer student or de-identified data deemed confidential

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under subdivision (2)(C)(i) to any federal agency or other organization or entity
outside the state, except when:
(A) A student transfers out of state or an LEA seeks help with
locating an out-of-state transfer;
(B) A student leaves the state to attend an out-of-state institution
of higher education or training program;
(C) A student registers for or takes a national or multistate
assessment;
(D) A student voluntarily participates in a program for which such
data transfer is a condition or requirement of participation;
(E) The department enters into a contract that governs databases,
assessments, special education or instructional supports with an out-of-
state vendor; or
(F) A student is classified as “migrant” for federal reporting
purposes;
(4) Develop a detailed data security plan that includes:
(A) Guidelines for authorizing access to the teacher data system
and to individual teacher data including guidelines for authentication of
authorized access;
(B) Guidelines for authorizing access to the student data system
and to individual student data including guidelines for authentication of
authorized access;
(C) Privacy compliance standards;
(D) Privacy and security audits;
(E) Breach planning, notification and procedures; and
(F) Data retention and disposition policies;

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(5) Ensure routine and ongoing compliance by the department with
FERPA, § 10-7-504, other relevant privacy laws and policies, and the privacy
and security policies and procedures developed under the authority of this part,
including the performance of compliance audits;
(6) Ensure that any contracts that govern databases, assessments or
instructional supports that include student or de-identified data and are
outsourced to private vendors include express provisions that safeguard privacy
and security and include penalties for noncompliance; and
(7) Notify the governor and the general assembly within sixty (60) days of
the following:
(A) Any new student data fields included in the state student data
system;
(B) Changes to existing data collections required for any reason,
including changes to federal reporting requirements made by the United
States department of education;
(C) Any exceptions granted by the state board in the past year
regarding the release or out-of-state transfer of student or de-identified
data accompanied by an explanation of each exception; and
(D) The results of any and all privacy compliance and security
audits completed in the past year. Notifications regarding privacy
compliance and security audits shall not include any information that
would itself pose a security threat to the state or local student information
systems or to the secure transmission of data between state and local
systems by exposing vulnerabilities.
SECTION 6.

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(a) Parents and guardians have the right to inspect and review their
children’s education records maintained by the school.
(b) Parents and guardians have the right to request student data specific
to their children’s educational records.
(c) LEAs shall provide parents or guardians with a copy of their children’s
educational records upon request.
(d)
(1) The department shall develop a model student records policy
for LEAs that requires an LEA to:
(A) Annually notify parents and guardians of their right to
request student information;
(B) Ensure security when providing student data to parents
or guardians;
(C) Ensure student data is provided only to authorized
individuals;
(D) Set the timeframe within which record requests must
be provided; and
(E) Consider implementation of a plan to allow parents and
guardians to view online, download, and transmit data specific to
their children’s educational records
.
(2) The department shall develop the model student records policy
by December 31, 2014. An LEA shall adopt the model policy or develop
its own policy prior to the beginning of school for the 2015-2016 school
year. Before implementing a policy other than the model policy, an LEA
shall submit the policy to the department for approval.
SECTION 7. LEAs and schools shall not collect individual student data on:

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(1) Political affiliation;
(2) Religion;
(3) Voting history; and
(4) Firearms ownership.
SECTION 8.
(a) Unless explicitly mandated by state or federal law, a state agency or
education institution shall obtain written consent from parents or students, in the
case of students eighteen (18) years of age or older, before collecting any
individual student biometric data, student data relative to analysis of facial
expressions, EEG brain wave patterns, skin conductance, galvanic skin
response, heart-rate variability, pulse, blood volume, posture, and eye-tracking.
(b) No state agency or education institution shall pursue or accept any
grant whether from the federal government or any private entity that requires
collecting or reporting information in violation of subsection (a).
(c) No state or national student assessment shall be adopted or
administered in this state that requires collecting or reporting information in
violation of subsection (a).
SECTION 9. Any collection of student data by the department existing on July 1,
2014, shall not be considered a new student data collection in accordance with
subdivision (7)(A) of Section 5 of this act.
SECTION 10. Tennessee Code Annotated, Title 49, Chapter 1, Part 2, is
amended by adding the following language as a new section:
49-1-226.
(a) The Tennessee comprehensive assessment program (TCAP)
tests, inclusive of achievement, end of course and the comprehensive
writing assessments, shall be administered in the subjects of English

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language arts and math in grades three through eleven (3-11) during the
2014-2015 school year.
(b) Prior to the 2015-2016 school year, the department of
education shall issue a request for proposals and, through competitive
bidding, contract with one (1) or more entities to provide assessments in
English language arts and math, which shall be aligned to state
standards and fully implemented during the 2015-2016 school year. Prior
to the 2015-2016 school year, such tests shall be field tested and shall
replace the existing assessments in the applicable subject area. The
request for proposals issued by the department shall be prepared in
consultation with the comptroller and in compliance with state
procurement requirements, including those relative to conflicts of interest.
The fiscal review committee shall, by December 31, 2014, review all
contracts awarded pursuant to such requests for proposals and shall
annually report to the full education committees of the senate and house
of representatives as to the terms and performance thereof.
(c) The state of Tennessee shall not adopt common core state
standards in any subject matter beyond math and English language arts.
SECTION 11. The state board is authorized to promulgate rules and regulations
to effectuate the purposes of this act. All such rules and regulations shall be
promulgated in accordance with Tennessee Code Annotated, Title 4, Chapter 5.
SECTION 12. Section 10 of this act shall take effect upon becoming a law, the
public welfare requiring it. All remaining sections of this act shall take effect July 1,
2014, the public welfare requiring it
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It is sad to see no change in Delaware; only the consistent plodding forward towards ruin, with blinders dutifully on both eyes, and tightly held reins slapping at the back…..
if the other state that won RTTT along with Delaware is jumping ship, are we now way off course?
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