NASHVILLE, Tenn. (WTVF) — By now, you've probably heard a lot of talk about Tennessee's controversial third grade retention law. But, a lot of parents didn't realize, there's an obscure fourth grade component to that law — and it could hold back more than 12,000 fourth grade students from entering the fifth grade.
As a professional photographer, Pamela Clayor knows all too well that a single snapshot rarely captures the whole picture.
"She is an honor roll student. She’s a competition dancer," said Claytor, who lives in Sparta.
Her daughter Eva, despite being a model student, is at risk of having to repeat the fourth grade. That's because of a single test she took in third grade.
"It’s a lot of pressure for a little kid, it’s a lot of pressure," she said.
How were kids scrutinized in third grade?
Under Tennessee's controversial Third Grade Retention Law, if a student underperforms in the Reading - Language Arts portion of the TCAP test, they have three options. They can:
- Go to one of the state's summer reading camps.
- Sign up for tutoring during the fourth grade
- Appeal the decision.
"We were going to go the appeal route, because all of Eva’s benchmark test scores throughout the year had been right where they needed to be," said Clayor, who we originally profiled in 2023.
Pamela assumed when the appeal was granted, that was the end of the ordeal. It turned out to be just the beginning. "There’s not been any clear information on exactly what happens next," she said.
A spokesperson for the Tennessee Department of Education told NewsChannel 5 if a child received a successful appeal, they shouldn't have to meet fourth grade achievement standards. It's unclear why Eva was told by her school administrators that she has to reach certain fourth grade achievement levels.
Rep. Scott Cepicky is a proponent of the law.
"In the bill, it said they would have to show adequate growth from third grade to fourth grade," said Rep. Cepicky, R-Maury County.
From the beginning, Cepicky said the law has stipulated that students who opted for tutoring or an appeal, have to show improvement during the fourth grade in order to pass and go on to fifth grade.
"That a student would have to show the Department of Education, and for that matter, their parents or their teachers, that they were able to master the next grade level of academic standards," he said.
So why did a lot of parents, like Pamela, not know that was a stipulation? Cepicky blamed local school districts.
"All of the information has been disseminated to the districts, and maybe it got lost in confusion about the obtainment of growth," he said.
But Williamson County School Board member Eric Welch said the law may have always called for fourth grade accountability, but it left out the specifics to the Tennessee Department of Education.
"You know, there was a fourth grade component to it, but it wasn’t defined what that component is," said Welch. "We’re halfway through the school year. We don’t even know what the formula is going to be for the fourth grade version of the retention. They’re still figuring that out as we go."
He's right. The Tennessee Department of Education has a proposed formula, but it won't be finalized by the state education board until later in February.
"How can you hold them to something that doesn’t exist yet and prepare them for it?" asked Welch.
It's something even Republican lawmakers have grilled Tennessee's Education Commissioner Lizzette Reynolds about during hearings on the hill.
"I almost feel that we’re building this plane as we’re flying it," said Sen. Mark Pody, R-Lebanon, during a meeting of the Senate Education Committee in January. "Saying that the school districts have that information when the final reading hasn’t been held yet -- is not accurate."
The proposed formula is a little hard to follow. Essentially, the state takes your child's third grade TCAP score, compare it to test scores of other students with similar testing history and come up with a number. That number is subtracted by 50 percent and divided by eight. That's supposed to represent academic progress from third grade into high school.
That final number will determine how many percentage points your child's fourth grade test score needs to improve.
"They’re essentially saying that students need to learn in a straight line curve. There’s no adjustment for, are they having an off year? What’s going on in their life? Even what’s going on in that particular day?" said Welch.
Here's the most controversial part: if a fourth grade student doesn't meet expectations, there's no alternative. They are forced to repeat the fourth grade.
"Earlier is better, we have to get these students that fall behind earlier interventions, earlier help so we can get them caught up," said Rep. Cepicky.
For Eva's third grade TCAP scores, while she missed proficiency in reading by just a matter of points, she scored incredibly high in math and science.
"Her teacher even said — if she’s going to score this high in science, obviously she can read," said Claytor.
She thinks that only proves that a snapshot of a single test doesn't come close to showing the whole picture.
"She’s just a little more STEM-brained than language arts brain, and that’s okay. I don’t think she deserves to fail an entire grade because she’s scoring incredibly high in other areas but is maybe just a B student — which to me is just fine — in language arts," said Claytor.
According to the Tennessee Department of Education, 12,353 students will have to show adequate growth this year to continue on to fifth grade.
Is my child at risk of repeating fourth grade?
The adequate growth formula is now approved, so school districts will address with families and kids what attainment they need to reach.
If your child appealed and was successful, your student doesn't need to worry about fourth grade retention. The same goes for kids who went to summer school prior to fourth grade.
However — if your student only went through fourth grade tutoring and didn't appeal — your student could be one of nearly 12,000 facing a repeat of the fourth grade if your kid doesn't score high enough on the April TCAP test. Those in that circumstance would have scored below or approaching for reading and English on the third grade TCAP test.
The TCAP is administered this year between April 15 to April 30.
NewsChannel 5 reached out to 10 districts in Middle Tennessee.
Their advice?
Keep communicating with the local district. State officials said all information will come on a localized level, and that it will not come directly from the Tennessee Department of Education.
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