School Vouchers - As introduced, enacts the "Tennessee Choice & Opportunity Scholarship Act". - Amends TCA Title 49, Chapter 1.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB0196Date
    Rcvd. from S., held on H. desk.04/14/2014
    Engrossed; ready for transmission to House04/10/2014
    Passed S. as am., Ayes 21, Nays 1004/10/2014
    S. adopted am.(Amendment 1 of 0 - SA0981)04/10/2014
    Placed on Senate Regular Calendar 2 cal. for 4/10/201404/09/2014
    Rec. For Pass. ref. to: S. Cal. Comm.04/08/2014
    Placed on S. FW&M Comm. cal. for 4/8/201404/02/2014
    Rec. for pass. w/ am., ref. to S. FW&M Comm. Ayes 8, Nays 1 PNV 003/26/2014
    Placed on S. Ed. Comm. cal. for 3/26/201403/26/2014
    Action Def. in S. Ed. Comm. to 3/26/201403/24/2014
    Placed on S. Ed. Comm. cal. for 3/24/201403/19/2014
    Action Def. in S. Ed. Comm. to 3/24/201403/19/2014
    Placed on S. Ed. Comm. cal. for 3/19/201403/13/2014
    Assigned to Gen. Sub of: S. Ed. Comm.04/03/2013
    Placed on S. Ed. Comm. cal. for 4/3/201304/02/2013
    Action Def. in S. Ed. Comm. to 4/3/201304/01/2013
    Placed on S. Ed. Comm. cal. for 4/1/201303/27/2013
    Action Def. in S. Ed. Comm. to 4/3/201303/27/2013
    Placed on S. Ed. Comm. cal. for 3/27/201303/20/2013
    Action Def. in S. Ed. Comm. to 3/27/201303/20/2013
    Placed on S. Ed. Comm. cal. for 3/20/201303/14/2013
    Action Def. in S. Ed. Comm. to 3/20/201303/06/2013
    Sponsor(s) Added.02/28/2013
    Placed on S. Ed. Comm. cal. for 3/6/201302/28/2013
    Action Def. in S. Ed. Comm. to 3/6/201302/27/2013
    Placed on S. Ed. Comm. cal. for 2/27/201302/21/2013
    P2C, ref. to S. Ed. Comm.01/31/2013
    Intro., P1C.01/30/2013
    Sponsor(s) Added.01/29/2013
    Filed for intro.01/28/2013
    Actions For HB0190Date
    Taken off notice for cal. in Finance, Ways & Means Committee 04/15/2014
    Placed on cal. Finance, Ways & Means Committee for 4/10/201404/09/2014
    Action Def. in Finance, Ways & Means Committee to 4/8/201404/08/2014
    Placed on cal. Finance, Ways & Means Committee for 4/8/201404/02/2014
    Taken Off Notice For Cal. in: Finance, Ways & Means Committee03/18/2014
    Placed on cal. Finance, Ways & Means Committee for 3/18/201403/12/2014
    Action Def. in Finance, Ways & Means Committee to 3/18/201403/11/2014
    Placed on cal. Finance, Ways & Means Committee for 3/11/201403/05/2014
    Rec. for pass. if am. by s/c ref. to Finance, Ways & Means Committee03/05/2014
    Placed on s/c cal Finance, Ways & Means Subcommittee for 3/5/201402/26/2014
    Action Def. in s/c Finance, Ways & Means Subcommittee to 3/5/201402/26/2014
    Placed on s/c cal Finance, Ways & Means Subcommittee for 2/26/201402/19/2014
    Action Def. in s/c Finance, Ways & Means Subcommittee to 2/26/201402/19/2014
    Placed on s/c cal Finance, Ways & Means Subcommittee for 2/19/201402/12/2014
    Taken Off Notice For Cal. in s/c Finance, Ways & Means Subcommittee of Finance, Ways & Means Committee 04/09/2013
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/10/201304/03/2013
    Action Def. in s/c Finance, Ways & Means Subcommittee to 4/10/201304/03/2013
    Placed on s/c cal Finance, Ways & Means Subcommittee for 4/3/201303/27/2013
    Assigned to s/c Finance, Ways & Means Subcommittee03/21/2013
    Sponsor(s) Added.03/21/2013
    Rec. For Pass. ref. to: Finance, Ways & Means Committee03/19/2013
    Placed on cal. Government Operations Committee for 3/19/201303/13/2013
    Rec. for Pass. if Am. ref. to: Government Operations Committee03/12/2013
    Placed on cal. Education Committee for 3/12/201303/06/2013
    Action Def. in Education Committee to 3/12/201303/05/2013
    Placed on cal. Education Committee for 3/5/201302/27/2013
    Rec. for pass. if am. by s/c ref. to Education Committee02/26/2013
    Placed on s/c cal Education Subcommittee for 2/26/201302/20/2013
    Assigned to s/c Education Subcommittee02/04/2013
    P2C, ref. to Education Committee--Government Operations for review01/31/2013
    Intro., P1C.01/30/2013
    Sponsor(s) Added.01/29/2013
    Filed for intro.01/28/2013
  • AmendmentsFiscal Memos
    SA0981Amendment 1-0 to SB0196Fiscal Memo for SA0981 (14491)  
    AmendmentsFiscal Memos
    HA0115Amendment 1-1 to HB0190Fiscal Memo for HA0115 (3697)  Fiscal Memo for HA0115 (3697)  Fiscal Memo for HA0115 (3697)  Fiscal Memo for HA0115 (3697)  Fiscal Memo for HA0115 (3697)  Fiscal Memo for HA0115 (3697)  
    HA0116Amendment 2-2 to HB0190Fiscal Memo for HA0116 (4092)  Fiscal Memo for HA0116 (4092)  Fiscal Memo for HA0116 (4092)  Fiscal Memo for HA0116 (4092)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB0196

  • Fiscal Summary

    Increase State Expenditures - $173,000 Other Fiscal Impact - There will be annual shifts of state and local BEP funding from local education agencies to the non-public participating schools of the proposed program. Approximately $15,842,500 is estimated to shift in FY13-14; $24,356,300 is estimated to shift in FY14-15; $33,285,000 is estimated to shift in FY15-16; $68,230,000 is estimated to shift in FY16-17; and an amount estimated to exceed $68,230,000 is estimated to shift in FY17-18 and subsequent fiscal years.


    Bill Summary

    This bill establishes a scholarship program for eligible students to attend participating private K-12 schools. An "eligible student" is a student who:

    (1) Resides in Tennessee and is zoned to attend or enrolled in a public school that, at the time of the student's initial application for a scholarship, is identified as being in the bottom 5 percent of schools in overall achievement;
    (2) Meets the minimum age requirements to attend kindergarten with eligibility extending until the student graduates from high school, except that the student must be less than 22 years of age by August 15 of each year;
    (3) Is a member of a household whose annual income during the year prior to initial receipt of a scholarship met the requirements for free or reduced price lunch; and
    (4) Was previously enrolled in a Tennessee public school during the two semesters immediately preceding the semester in which the student receives a scholarship under this bill; is enrolling in a Tennessee school for the first time; or received a scholarship pursuant to this bill in the previous school year.

    In order to participate in this program, the private school must:

    (1) Be identified as a category I, II, or III school and comply with all health and safety laws or codes that are applicable to such schools;
    (2) Annually administer to scholarship students state assessments or nationally recognized tests approved by the state board of education that measure educational progress and provide the parents of scholarship students the results of the assessments;
    (3) Provide the department of education with graduation rates of scholarship students as well as other student information as required by the department;
    (4) Comply with federal nondiscrimination policies and not discriminate against students with special education needs who meet the requirements for admission to the school. However, as a private school, the school is required to offer only those services it already provides to assist students with special needs. If a scholarship student would have been entitled to receive special education services in the public school the student would otherwise be attending, then the parent must acknowledge in writing, as part of the enrollment process, that the parent agrees to accept only services that are available to the student in the private school. A participating school may partner with an LEA to provide special education services;
    (5) Accept the scholarship amount as payment in full for the cost of tuition and fees that would otherwise be charged by the school and allow scholarship students to remain enrolled in the school for the duration of the school year at no additional cost if the school withdraws from the program during the school year;
    (6) Submit to the department a financial audit of the school conducted by a certified public accountant (CPA);
    (7) Demonstrate financial viability to repay any funds that may be owed to the state by filing with the department financial information verifying the school has the ability to pay an amount equal to the amount of the scholarships expected to be paid during the school year. The school may comply with this requirement by filing a surety bond payable to the state; and
    (8) Require any person applying for a position as a teacher, or any other position requiring close proximity to children, to submit to a criminal background check.

    After initial approval by the department as a participating school, a school may continue to participate in the program as long as the school demonstrates achievement growth for scholarship students at a minimum level of "at expectations". If a participating school demonstrates achievement growth for scholarship students at a level of "significantly below expectations" for two consecutive years or the department determines the school has failed to comply with this bill, then the commissioner of education may suspend or terminate a school's participation in the program. If a participating school is suspended or terminated from the program, or if the school otherwise withdraws from the program, scholarship students enrolled at the school may transfer to another participating school without loss of eligibility and such students would be given preference for enrollment. An eligible student is entitled to one scholarship per school year, and if the student voluntarily leaves a participating school for reasons other than suspension or termination of the school, and enrolls in another participating school, then neither the student nor the successor participating school may receive any funds under this bill for the payment of tuition and fees for the remainder of the school year.

    The maximum amount of the scholarship would be the lesser of the following:

    (1) The cost of tuition and fees that would otherwise be charged by the school; or
    (2) The amount representing the per pupil state and local funds generated and required through the Basic Education Program (BEP) for the LEA in which the student resides and is zoned to attend.

    The scholarship funds would be subtracted from the state funds otherwise payable to the LEA and would be paid directly to the participating school.

    The total number of scholarships awarded statewide under this bill would be limited as follows:

    (1) For the 2013-14 school year, the department may not award more than 5,000 scholarships;
    (2) For the 2014-15 school year, the department may not award more than 7,500 scholarships;
    (3) For the 2015-16 school year, the department may not award more than 10,000 scholarships; and
    (4) For the 2016-17 school year and thereafter, the department may not award more than 20,000 scholarships.

    If the number of eligible students who submit applications to the department for a scholarship exceeds the permissible number of scholarships available statewide or the available seats at participating schools for any grade level, then the department must conduct a random selection process for awarding scholarships. The department would give preference to students already enrolled in the participating school and to siblings of such students.

    ON APRIL 10, 2014, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 196, AS AMENDED.

    AMENDMENT #1 revises various provisions of this bill as follows:

    (1) Revises this bill's requirement that a private school annually administer to scholarship students state assessments or nationally recognized tests approved by the state board of education that measure educational progress and provide the parents of scholarship students the results of the assessments to instead require that the schools annually administer to scholarship students state assessments as provided in present law of this title, or nationally recognized norm-referenced tests, approved by the state board, that measure educational progress in grades that require testing under the state's accountability system for public schools;
    (2) Clarifies that a participating school is required to offer only those services it already provides to assist students with special needs in its normal course of operations. If a scholarship student was entitled to receive special education services in the public school the student previously attended, the parent must acknowledge in writing, as part of the enrollment process, that the parent agrees to accept only services that have been identified as available to the student in the nonpublic school. A participating school may partner with an LEA to provide special education services;
    (3) Requires participating schools to provide lunch to scholarship students at no cost or at a reduced cost pursuant to the same income qualifications established under the National School Lunch Program;
    (4) Specifies that if the student enrolls in the LEA in which the student resides and is zoned to attend, the LEA will receive the funds that otherwise would have been remitted to a participating school on behalf of the scholarship student; and
    (5) Adds that if the number of eligible students applying for scholarships at a particular participating school in a particular grade exceeds the number of scholarships awarded, the department must notify the parents of the eligible students not awarded scholarships of any other scholarship options available to their children and allow each parent to apply to other participating schools. In any school year, if, after all possible matches of eligible students with participating schools have been made, there remain scholarships unawarded, then, the remaining scholarships may be awarded to students who:
    (A) Reside in an LEA that contains at least one school in the bottom five percent of schools in overall achievement as determined by performance standards and other criteria set by the state board; and
    (B) Meet the requirements for eligible students as described above in the bill summary in (2) and (4).

  • FiscalNote for SB0196/HB0190 filed under SB0196
  • House Floor and Committee Votes

    HB0190 by McCormick - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 3/5/2014
    Passed
              Ayes................................................7
              Noes................................................6

              Representatives voting aye were: Brooks K, Harrison, Hawk, McCormick, McDaniel, Sargent, Madame Speaker Harwell -- 7.
              Representatives voting no were: Alexander, Armstrong, Camper, Fitzhugh, Odom, Roach -- 6.

    HB0190 by McCormick - HOUSE GOVERNMENT OPERATIONS COMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 3/19/2013
    Passed
              Ayes................................................8
              Noes................................................4

              Representatives voting aye were: Carr J, Casada, Evans, Halford, Johnson C, Matheny, McCormick, Ragan -- 8.
              Representatives voting no were: Fitzhugh, Hardaway, Turner J, Turner M -- 4.

    HB0190 by McCormick - HOUSE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: Government Operations Committee 3/12/2013
    Passed
              Ayes................................................9
              Noes................................................4

              Representatives voting aye were: Brooks H, Brooks K, DeBerry J, Dunn, Kane, Moody, White D, White M, Williams R -- 9.
              Representatives voting no were: Coley, Forgety, Love, Pitts -- 4.

    HB0190 by McCormick - HOUSE EDUCATION ADMINISTRATION SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Education Committee 2/26/2013
    Passed
              Ayes................................................7
              Noes................................................2

              Representatives voting aye were: Brooks H, DeBerry J, Kane, Love, Moody, White D, White M -- 7.
              Representatives voting no were: Forgety, Pitts -- 2.

    Senate Floor and Committee Votes

    SB0196 by Norris - FLOOR VOTE: THIRD CONSIDERATION AMENDED 4/10/2014
    Passed
              Ayes...............................................21
              Noes...............................................10

              Senators voting aye were: Beavers, Bell, Bowling, Campfield, Dickerson, Gardenhire, Green, Gresham, Haile, Henry, Johnson, Kelsey, Ketron, McNally, Norris, Stevens, Summerville, Tate, Tracy, Watson, Mr. Speaker Ramsey -- 21.
              Senators voting no were: Burks, Crowe, Finney, Harper, Kyle, Massey, Niceley, Overbey, Southerland, Yager -- 10.

    SB0196 by Norris - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
    Recommended for passage - refer to: S. Cal. Comm. 4/8/2014
    Passed
              Ayes................................................8
              Noes................................................2
              Present and not voting...................1

              Senators voting aye were: Dickerson, Haile, Henry, Hensley, Ketron, McNally, Norris, Watson -- 8.
              Senators voting no were: Finney, Overbey -- 2.
              Senators present and not voting were: Kyle -- 1.

    SB0196 by Norris - SENATE EDUCATION COMMITTEE:
    Recommended for passage w/amendments- refer to: S. FW&M Comm. 3/26/2014
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Campfield, Crowe, Dickerson, Gardenhire, Gresham, Hensley, Kelsey, Tate -- 8.
              Senators voting no were: Burks -- 1.