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Contributed commentary from Jimmie M. Garland, Clarksville-Montgomery County Branch NAACP President, on the third-grade retention law:

As proposed, SB300/HB437 was not written to improve upon the educational development of third grade students across the state of Tennessee. The language used by the bill’s sponsors are tainted toward punishing students and reducing the effectiveness of classroom practice and effectiveness.

As civil rights activists/advocates and the primary protectors of civil and human rights, the National Association for the Advancement of Colored People (NAACP) cannot stand silent while people elected to protect the rights of all are working to subvert the rights of people of color, especially our children’s. It is abhorrent that legislators, regardless of party affiliation,
are more aligned to produce and publish laws crafted to ensure their remaining in power than ensuring bills are considered and passed to create a balanced playing field for their constituents.

As written, the bill:

  • Require students to demonstrate proficiency in ELA standards based on the student’s scoring in at least the fiftieth percentile on the most recently administered benchmark assessment provided by the state.
  • Decisions to promote or retain students will be based on the student’s achieving a performance level rating of “approaching” on the ELA portion of the student’s most recent TCAP test.
  • It further requires that if an appeal is filed, the filing must be made by the student’s parent or guardian unless the student’s parent or guardian consents, in writing, to a principal, guidance counselor, teacher, or another administrator of the student’s school filing the appeal, in which case an appeal may be filed by such individual.
  • It further stipulates that beginning with the 2023-2024 school year, a student who is retained in any of the grades, kindergarten through third (K-3), must be assigned a tutor to provide the student with tutoring services for the entirety of the upcoming school year based on tutoring requirements established by the department.
  • Based on a recent report fielded by the state of Tennessee Department of Education, only 40% of Tennessee third graders are ready for the fourth grade according to TCAP.
  • Studies show students of color and students learning English as a second language are disproportionately impacted by this new retention law.

For the aforementioned reason, the Clarksville Branch NAACP #5582 opposes the law as written and released for consumption. As advocates for the least of these, the branch strongly demands that the law be repealed and a better method of determining the promotional status of third-grade students across Tennessee be re-considered. As written and implemented, the law does not show any educational qualities that would help curve or prevent the current school to prison pipeline theory.

Jimmie M. Garland