113th General Assembly
Policy Update

April 24, 2023

TICUA Policy Summary of the First Session of the

113th Tennessee General Assembly

The end of the first session of the 113th Tennessee General Assembly was shrouded in controversy, which has been followed by national and international media outlets. After the tragic mass shooting at the Covenant School in Nashville on March 27 that killed three nine-year-old students and three school officials, tens of thousands of protesters took to the streets of Nashville calling for gun reform. Three members of the House of Representatives continued their participation in the protest while on the floor of the House Chamber. This violation of House policy resulted in the immediate removal of the lawmakers' committee assignments. However, members of the House demanded more severe action, which resulted in the commencement of expulsion hearings.

The lawmakers involved were first-year members Justin Jones (Nashville) and Justin Pearson (Memphis), as well as veteran lawmaker Gloria Johnson (Knoxville). After hours of deliberation and testimony, both Jones and Pearson were removed from office. Johnson survived the expulsion measure by one vote. Just days later, both Jones and Pearson were temporarily reinstated to their seats by their respective city councils until special elections can be held. Early polling indicates both lawmakers are likely to be re-elected to their seats.

The expulsion action further energized the gun control protests until the end of session. Most firearm bills filed early in the session have been delayed until next year. It should be noted that all measures sought to relax firearm regulations rather than restrict them. There was an attempt in the final days of session to pass some form of a “red flag” law, which would allow weapons to be removed from individuals who pose threats to themselves or others. However, the opposition prevailed.

The General Assembly leadership had a goal of concluding their work by the end of April or by the first week of May. The tensions created by the controversy seem to have expedited the legislature’s work to adjourn earlier rather than later. The first session’s adjournment occurred on Friday, April 21, 2023.

Below is a brief summary of select measures followed by TICUA. The summary is broken down between proposals passed by the General Assembly and those that failed or were moved to the second session of the 113th General Assembly for consideration.

Measures Passed by the General Assembly

Student Aid Bills

SB74/HB27 revives an effort from the 112th General Assembly, which allows HOPE Scholarship recipients who earn a first baccalaureate degree in less than the projected completion time to continue to receive the scholarship in pursuit of an advanced degree. Consequently, graduate students who have not utilized their entire HOPE Scholarship eligibility may use the remaining funds to pursue a graduate degree at an eligible institution. The fiscal note is estimated at just below $5 million.

SB1408/HB0957 addresses TICUA’s requested changes to the Dual Enrollment Grant. The previous General Assembly increased the amount of the grant to match the tuition charges of the public community colleges but also set the increased grant amount as a cap on the cost of the courses. TICUA drafted the bill requesting the cap be removed for private colleges and universities. Effective July 1, public universities must abide by the cap but TICUA members do not.

SB1220/HB432, creates a five-year pilot program entitled the “Future Teacher Scholarship Act of 2023.” The scholarship is a last dollar program to cover tuition and mandatory fees at a public university. To be eligible, students must graduate from high school with at least a 3.0 GPA, score a 21 on any single ACT test, be admitted to an approved teacher preparation program, complete the FAFSA, maintain 2.75 college GPA, and agree to teach in a targeted setting for four years. If the student fails to teach in the targeted setting for a full four years, the student will need to repay the scholarship for each year short of the commitment.

SB781/HB1281 creates a family medicine student loan repayment grant program, administered by the Department of Health (DOH). The measure seeks to incentivize physicians in residency training to provide medical health services in health resource shortage areas following completion of their training. The measure authorizes the DOH to award family medicine student loan repayment grants to qualifying physicians of up to $40,000 per year for a maximum of five years.

To be eligible, a person must meet the following requirements: (1) have graduated from an accredited medical school; (2) be actively enrolled in a Tennessee family medicine residency training program, matched through the existing matching process used for graduate medical education and accredited for certification by the American Board of Family Medicine; (3) apply during family medicine residency training; and (4) enter into a contract with the DOH to provide medical health services in a Tennessee health resource shortage area for at least five years following residency training in family medicine. The grant will become a loan if the service agreement conditions are not met.

Experimental Schools

SB1231/HB1232 authorizes a local board of education to contract with a TICUA member college or university to establish and maintain a training school for grades pre-K up to 12th grade to provide practice teaching experience for teachers in training. The students enrolled in the training school must be taught the same course of study as prescribed by the state board of education for the LEA. A college or university that enters a contract is authorized to receive all state and federal funds received by the local board of education as a result of this contract.

Measures That Failed or Have Been Deferred to 2024

Student Aid Bills

The bill to allow Western Governors University (WGU) access to the HOPE Scholarship program (SB112/HB116) failed in the House Higher Education Subcommittee. After lengthy discussion, the bill failed on a voice vote. The proposed legislation would have changed the definition of an eligible institution for HOPE Scholarships by making an exception to the Tennessee domiciled requirement.

WGU is an accredited university by a former regional accreditor but is headquartered in Utah, thus making it an ineligible university. The bill carried a hefty $3.3 million fiscal note. More concerning, however, is that it would have opened the door for other non-Tennessee domiciled accredited institutions operating in the state to request access to the HOPE scholarship program.

At last count, there are more than 50 colleges and universities accredited by a former regional accreditor operating in Tennessee with on-ground and/or online programs. Some campuses include the University of Arkansas, Troy State University, Lindsey Wilson College, Biola University, and Bellarmine University.

TICUA has remained opposed to altering the definition of eligible institutions. As noted, the bill failed in the House, which removed it from consideration during the 113th General Assembly.

TICUA’s attempt to align the Middle College eligible institution definition with Tennessee Promise (SB1267/HB958) has been put on hold. Middle College is designed to offer high school students the opportunity to graduate with an associate degree at the same time they complete their high school requirements. Currently, only public community colleges are eligible for the Middle College grant to assist students in paying for the program. The proposed legislation would have aligned the eligible institution definition with the Tennessee Promise program, thus allowing four-year institutions which offer associate degrees to benefit from the scholarship. The bill was not advanced during the session so that a compromise can be reached between TICUA and the Tennessee Board of Regents.

SB364/HB348 would have allowed for a gap year for students seeking to enroll under the Tennessee Promise Scholarship. The compromise amendment allowed for the 16-month delay but with certain requirements and subject to the appeal process. To be eligible for the gap year provision, students must have followed all the necessary Tennessee Promise required benchmarks while in high school, decided not to enroll upon graduation, and be employed full-time during the delayed enrollment period. The bill was removed from consideration this session.

SB842/HB1075 sought to expand eligibility for the Dual Enrollment grant to sophomores in high school. Students must have met the admission requirements of the eligible postsecondary college or university to qualify. According to the Tennessee Student Assistance Corporation, 367 sophomores enrolled in dual enrollment classes in the 2021-2022 academic year. With the expansion of the grant, it was estimated that the sophomore enrollment may have expanded by 14%. The bill was removed from consideration this session.

SB231/HB276 sought to change the amount of the Minority Teaching Fellows award from $5,000 to the cost of tuition and fees at a public university. The improvement would have been for minority students enrolled in a degree program leading to licensure as a teacher in a college or university with an approved educator preparation program. The aid at a TICUA member program would have been capped at the average cost of tuition and fees at public universities. The bill was removed from consideration this session.

SB1305/HB251 would have enacted the Tennessee Special Educator Scholarship Act. The measure would have provided a scholarship of $1,500 per year to eligible special education professionals pursuing a bachelor’s degree. Eligible students must have attained junior or senior status at an eligible post-secondary institution and agree to work in a Tennessee public school for at least three years following graduation in the special education field. The bill was removed from consideration this session.

Praxis Payment Bill

SB556/HB784, as introduced, required the Tennessee Department of Education to establish a fund to reimburse educators in an amount equal to the cost of an assessment required for licensure (Praxis). To qualify, the educator must have received a qualifying score and received a teaching license or have qualified for an additional endorsement while currently employed by a local education agency or public charter school. It is estimated the measure will cost $2.1 million in recurring funds. The bill was removed from consideration this session.

Voter Registration I.D.

SB285/HB303, as introduced, would have authorized the use of a student photo identification card issued by an accredited institution of higher education to be used for purposes of voter identification at a polling place. The bill also instructed the Secretary of State to conduct a study on the usage of student I.D. cards for voter identification. The bill failed in the House Elections and Campaign Finance Subcommittee and was subsequently sent to the General Subcommittee in the Senate. This removes the bill from consideration during the 113th General Assembly.

Future Workforce Commission Proposed

SB461/HB902, sought to create a Future Workforce Commission to govern the utilization of the P20-TN statewide data system. TICUA is currently a contributing agency to the data system and expressed concern about the proposal. The bill, brought by SCORE, sought to make aggregated data sets more readily available to the public. The bill also sought to codify the governing committee, the Office of Evidence Impact (OEI), and establish a series of required annual reports.

In an attempt to reach consensus among the stakeholders, the bill was amended several times to no avail. Consequently, the bill was held in the Senate Finance Committee and was taken off notice in the House, which defers consideration until the second session of the 113th General Assembly.

Firearm Bills

The Senate Judiciary Committee voted to defeat two key gun bills. SB816/HB1385, would have redefined “intent to go armed” in such a way that weapons would have been allowed in spaces previously prohibited unless the individual intended to commit an infamous crime. The bill was opposed by the Tennessee Department of Safety, the judicial community, the higher education community, and others. The measure failed with a vote of two in favor and six opposed. This removes the bill from consideration during the 113th General Assembly.

SB827/HB977 would have allowed students, faculty, and staff with an enhanced conceal carry permit to carry handguns on educational property – both K-12 and higher education. The bill expanded areas on education grounds where weapons would have been permitted. The measure was opposed by the Tennessee Department of Safety and the education community. The bill failed on a vote of three in favor and five opposed. This removes the bill from consideration during the 113th General Assembly.

SB1503/HB1005 among other provisions, would have lowered the age for conceal and carry of firearms from 21 to 18 years of age. The bill has been deferred until the second session in 2024.