Summary

Tennessee SB 157 (Open States or Tennessee Legislature) establishes a total initial enrollment cap for virtual schools, with certain exceptions, and establishes other requirements related to virtual schools.

Legislative Analysis

TN SB 157 requires that initial enrollment in a public virtual school be limited to 1,500 students. However, any public virtual school in operation as of January 1, 2013 may continue to serve the students already enrolled in the school as of the effective date of this legislation, May 14, 2013. There is not a limit on the number of students residing outside the LEA that establishes the virtual school who can enroll in the virtual school.

If a public virtual school demonstrates student achievement growth at a minimum level of “at expectations” under the Tennessee Value-Added Assessment System (TVAAS), then the school may exceed the total enrollment cap.

If a public virtual school is identified as a priority school or demonstrates student achievement growth at a level of “significantly below expectations” under TVAAS for three consecutive years of the school’s operation, then the commissioner of education may reinstitute the enrollment caps or direct the LEA to close the school. If the department of education reinstitutes enrollment caps, then such caps would not affect students enrolled in the virtual school at the time of the department’s action.

This legislation requires that if a public virtual school is closed upon direction of the commissioner or the LEA, the Basic Education Program (BEP) payments for the LEA that established the school must be exclusive of any student who was enrolled in the virtual school the prior year and did not remain enrolled in the LEA.

SB 157 has a positive impact on digital learning by increasing accountability in public virtual schools. It will foster high quality programs by allowing those with satisfactory student achievement to expand and enforcing consequences for programs where student achievement growth is below expectations.

Legislative History

Detailed Vote History: Legiscan |  Open States

Approved by Governor Bill Haslam on 5/14/2013