TISA Rulemaking Advocacy

Updated 7/27/2022

The Tennessee Investment in Student Achievement (TISA), the newly passed state funding formula will impact approximately $9 Billion in state and local education funding starting in the 2022-2023 school year. TISA delegates some components to the rulemaking process. Education advocates have an important role to play in ensuring this new bill is implemented to ensure that students of color, from low-income backgrounds, in rural schools, and learning English are centered in the decision-making process. Discover how you can stay engaged and see our own TISA Rulemaking Analysis below.

TISA Rulemaking Timeline

May 2022

Tennessee Department of Education (TDOE) assembles and convenes advisory groups, including the Outcomes Review Committee to share feedback

May 19, 2022

TDOE presents on TISA Rulemaking to TNSBE during their May Quarterly Workshop

May 23, 2022

The Education Trust in Tennessee submits preliminary analysis and feedback on TISA Rulemaking to TDOE

June 6, 2022

TDOE posts draft rules & opens rules for public comment

June 22, 2022

The Education Trust in Tennessee hosts a webinar “How to Take Action on the TN Investment in Student Achievement (TISA) Rulemaking”

June 30, 2022

The Education Trust in Tennessee submits updated analysis and feedback on TISA Rulemaking to TDOE

July 21, 2022

July 28, 2022

TDOE holds a TISA Rulemaking Public Hearing

  • 9- 12pm CT at Ellington Agricultural Center Ed Jones Auditorium, 416 Hogan Road, Nashville, TN 37220 or via livestream
  • TDOE RSVP & Information
  • The Education in Trust in Tennessee shares their public comment

August 2, 2022

August 11, 2022

Summer-Spring 2022

Formal Rulemaking Process (e.g., Secretary of State rule filing TN General Assembly Government Operations Committee with potential hearing)

January 2023

TDOE offers TISA professional development

July 2023

TDOE publishes first TISA Guide that will be updated annually

2023-2024 School Year

TISA Implementation Year 1

TISA Rulemaking FAQ

Rulemaking adds definition to existing laws and must be aligned with passed language. The process may involve multiple government bodies and agencies, including the Tennessee General Assembly, Secretary of State, and more depending on the law.

The Tennessee Investment in Student Achievement, the newly passed state funding formula will impact approximately $9B in state and local education funding starting in the 2023-2024 school year. Each Tennessee student will qualify for $6,860 base amount and potentially additional money based on their needs through weights (e.g., students from low-income backgrounds, with disabilities, in rural schools, English learner). Also, districts can receive bonus funding based on performance on selected outcomes and particular programs our initiatives through direct funding. For more information, see our TISA Evaluation Tool and information from the Tennessee Department of Education.

In the legislation, TISA delegates some components to the rulemaking process. The Education Trust in Tennessee has identified four major areas for rulemaking advocacy:

  1. Unique Learning Needs (ULN) weight: Additional money for groups like English learners and students with disabilities to receive between $1,029 to $10,290 based on 10 ULN levels. Rulemaking will determine how English Learners and students with disabilities are identified and differentiated across the 10 levels.
    1. Our Recommendations:
      1. English learners are assigned to tiers based on English language proficiency (i.e., determined by their performance on the WIDA ACCESS assessment) and other factors like national designations (e.g., SLIFE, RAEL, and LTEL), the prevalence of native language or English learners in a district, formal schooling, and first language literacy
      2. Students with disabilities are assigned to one of the multiple tiers based on the skills and abilities listed in an IEP or 504, increasing funding for students with more significant needs
  2. Outcomes funding: Additional bonus funds for districts who meet certain criteria. Rulemaking will determine the criteria and how they will be measured
    1. Our Recommendations:
      1. A large majority of funding should be allocated through the base and weights to ensure stability and flexibility for districts
      2. Metrics should be tied to existing, targeted, and growth-based measures (e.g., 3rd and 8th-grade math and reading growth and Ready Grad) to promote stakeholder transparency, efficiency, and evaluation
      3. Districts should receive additional outcomes funding for students from low-income backgrounds, in rural schools, with disabilities, and English Learners
      4. Regularly monitor, evaluate, and publish reviews or recommendations on outcomes funding by the Outcomes or TISA Review Committee
  3. Direct funding: Additional funding for districts for programs and initiatives, including literacy, CTE, and postsecondary assessments, and students in charter schools. Rulemaking will determine direct allocation amounts.
    1. Our Recommendations:
      1. Large majority of funding should be allocated through the base and weights to ensure stability and flexibility for districts
      2. Regularly monitor and evaluate direct funding through the TISA Review Committee
  4. Data Collection & Reporting: Any funding formula is only as strong as the monitoring and evaluation procedures that are codified into rulemaking. Strong data collection and reporting requirements promote advocates’ accessible and transparent engagement.
      • Our recommendations:
        1. State reports all existing and new data used to calculate TISA, including school and district-level funding and district, state, and federal-level per-pupil expenditure data together in a central location, like on the TDOE Data Downloads & Requests webpage
        2. All data used to calculate TISA is publicly reported in an annual, longitudinal, comparative, transparent, and interactive format, including on the State Report Card, to promote stakeholder transparency

  • To Be Determined: Submit feedback to members of the Tennessee General Assembly Government Operations Committee before their legislative hearings

Rulemaking Analysis

Unique Learning Needs: English Learners (ELs)
TISA Law
  • 15%-150% weight for Unique Learning Needs (ULN) with 10 different levels
  • English Learners must have an individual learning plan and ULN rulemaking must align with TNSBE’s rules
  • TNSBE will issue a positive, negative, or neutral recommendation on TDOE proposal before rulemaking
  • Rulemaking will determine how English learners are identified and differentiated across the 10 levels
TDOE Draft TISA Rules (6/6/22)
  • EL 1 = ULN 2 @ 20%
    • Long-term ELs (i.e., 7 years)
    • Transitional ELs
    • Waived ELs (categorization same as draft documentation, but previously also based on WIDA/TCAP)
  • EL 2 = ULN 4 @ 60%
    • ELs grades 4-12 (previously based on WIDA, TCAP, and/or industry credential and formal schooling and first language literacy)
  • EL 3 = ULN 5 = 70%
    • ELs grades K-3 (previously based on WIDA, formal schooling, and first language literacy)
  • ELs can only qualify for one EL ULN weight (not previously specified)
Our Recommendations
  • Students are assigned to the highest relevant tiers based on the following student characteristics:
  • EL 1 = ULN 2 @ 20%
    • WIDA ACCESS Levels 4.4+
    • Transitional ELs
    • Waived ELs
  • EL 2 = ULN 4 @ 60%
    • WIDA ACCESS Levels 3.0-4.3
    • Newcomers/Recently Arrived English Learners (RAEL)
  • EL 3 = ULN 5 = 70%
    • WIDA ACCESS Levels 1.0-2.9
    • Students with Limited or Interrupted Formal Education (SLIFE) & Long-term English Learners (LTEL)
  • Other considerations:
    • Students whose native languages are less common in the district
    • Number of English learners in a district relative to total student population
    • Formal schooling and first language literacy
Analysis
  • Of the 11 states that allocate additional funding for EL students through a multiple weights approach like TISA, only 1 state uses grade bands to tier funding compared to the majority that uses proficiency like the original ULN proposal that is is aligned to TN’s ESSA Plan. Grade level differentiation may not incentivize schools to increase their EL students’ understanding. It also creates unfair comparisons between primary and secondary schools. Additionally, grade-level differentiation assumes younger students understand English less than older students. Also, it is less responsive to shifts in student demographics, particularly because TN’s EL population is rapidly growing
  • Long-term ELs (LTELs) make up a too high percentage of ELs at 13% overall, and 41% of ELs in grades 6-12 are LTELs. This dire situation will continue to persist if LTELs are not provided with comprehensive support
  • Incorporating formal schooling and first language literacy supports students with different pre-existing access to education and should be added back to draft rules
  • Aligning with national RAEL and SLIFE designations and current TNSBE rules increase stakeholder transparency and efficiency
  • Additional funding for students whose native languages are less common in the district or are one of a few ELs in their district support diseconomies of scale. The State can set a minimum EL count for districts with few EL students and provide funding on that inflated basis to ensure sufficient scale to provide a program and staff
Questions for Consideration
  • How will the State monitor and evaluate ULN weights and adjust as needed? How will they solicit and incorporate stakeholder feedback? How will it incorporate the TISA Review Committee?
  • TISA law and rulemaking mention weighted allocations are not mutually exclusive of another. Additionally, ULN 2 uses “and/or” language, suggesting students could qualify for special education, EL I, and/or characteristics of dyslexia funding if students qualify. Are there any limits to how many different weights students can receive within ULN? How are primary and secondary services factored into this decision?
  • How will students who have not exited EL status after 7 years receive funding and services to support their needs?
  • How will the State address diseconomies of scale when there are few English learners overall despite still needing teachers and resources to support their learning?
  • How will the State support parents/caregivers, school/district staff, and others to understand the 10 different levels?
Unique Learning Needs: Students with Disabilities
TISA Law
  • 15%-150% weight for Unique Learning Needs (ULN) with 10 different levels
  • ULN includes students with disabilities, with characteristics of dyslexia, identified as gifted
  • TNSBE will issue a positive, negative, or neutral recommendation on TDOE proposal before rulemaking
  • Rulemaking will determine how students with disabilities are identified and differentiated across the 10 levels
TDOE Draft TISA Rules (6/6/22)
  • Students with disabilities are distributed across the 10 ULN categories based on hours of services per week and other select factors like homebound
  • During legislative hearings, TDOE stated they look forward to revising the current Special Education Option Codes based on best practices during rulemaking
  • TDOE must monitor IEPs for students’ least restrive environment and develop corrective plans and training and technical assistance as needed
  • Characteristics of Dyslexia (still ULN 2) Requirements:
    1. Student does not meet proficiency in 3+ reading domains
    2. Has a finalized Dyslexia Individual Learning Plan
    3. K-8: Score below the 40th percentile on approved screener
    4. 9-12 students qualify through existing Early Warning System based on reading
Our Recommendations
  • Students are assigned to one of multiple tiers based on the skills and abilities listed in an IEP or 504, increasing funding for students with more significant needs
Analysis
Questions for Consideration
  • Will the State publicly report information on corrective plans. training. and technical assistance to support stakeholder transparency?
  • How will the State monitor and evaluate ULN weights and adjust as needed? How will they solicit and incorporate stakeholder feedback? How will it incorporate the TISA Review Committee?
  • TISA law and rulemaking mention weighted allocations are not mutually exclusive of another. Additionally, ULN 2 uses “and/or” language, suggesting students could qualify for special education, EL I, and/or characteristics of dyslexia funding if students qualify. Are there any limits to how many different weights students can receive within ULN? How are primary and secondary services factored into this decision?
  • How will students with 504 plans and RTI services be categorized for ULN funding?
  • How will Dyslexia Individual Learning Plans be incorporated into existing Dyslexia law, policy, and practice? What support will schools and districts receive to implement the new plans?
  • How will the State support parents/caregivers, school/district staff, and others to understand the 10 different levels?
Direct Funding
TISA Law
  • Rulemaking will determine direct allocation amounts
  • TNSBE will issue a positive, negative, or neutral recommendation on TDOE proposal before rulemaking
  • Allocates additional funding for:
    • 4th-grade literacy tutoring for students who score ‘below’ or ‘approaching’ on 3rd-grade ELA TCAP
    • CTE based on tier and student year
    • Postsecondary readiness assessments (i.e., ACT & retake)
    • K-3 students
    • Charter students (previously included as a weight)
TDOE Draft TISA Rules (6/6/22)
  • Adds detail that CTE funding is based on student year and 3 levels determined by Wage-Earning Potential
  • TISA Press Conference referenced $376M overall for this component, but based on annual appropriations
  • Direct funding categories are stackable (e.g., students can qualify for ACT and CTE)
  • TDOE and legislators shared in multiple legislative hearings that the charter direct funding would be the same as its current allocation, but it depends on annual budget allocations
  • Allocated per student to LEAs (excluding postsecondary readiness assessments)
  • TISA Press Conference referenced $376M overall for this component
  • No required local contribution
Our Recommendations
  • Large majority of funding should be allocated through the base and weights to ensure stability and flexibility for districts
  • Regularly monitor and evaluate funding through the TISA Review Committee
Analysis
  • Based on the TISA Press Conference, direct funding will make up approximately 4% of the total $9B in state and local funding for 2024. However, that number may shift over time since charter funding increased from $16M to $32M during the 2022 Legislative Session
Questions for Consideration
  • How will the State monitor and evaluate direct funding allocations to adjust as needed? What role will TDOE, the TISA Review Committee, and other stakeholders play? What factors will be considered?
  • In-Demand Occupations are based on statewide demand in multiple regions. How will the State weigh if only one or a few regions need a program, but at a high level?
Outcomes Funding
TISA Law
  • TDOE allocates funding per student to LEAs, subject to available appropriations and relative to students in other LEAs using previous year data
  • TDOE will convene relevant stakeholders (based on member list in legislation) to advise on outcome incentive dollars and outcome goals
  • TDOE determines outcome goals based on rulemaking
  • TNSBE will issue a positive, negative, or neutral recommendation on TDOE proposal before rulemaking
TDOE Draft TISA Rules (6/6/22)
  • Outcomes Goals:
    • 3rd-grade TCAP reading proficiency (15%) with double funding for students from low-income backgrounds, ELs, & SWDs
    • 4th-grade ELA TCAP growth to proficient (10%) with double funding for students from low-income backgrounds, ELs, & SWDs
    • 8th grade math and ELA TCAP proficiency or growth (2+ standard errors) (10%) with double funding for students from low-income backgrounds, ELs, & SWDs
    • 21 on ACT or 3 points growth (10%) with double funding for students from low-income backgrounds
    • Tier II or II industry credential (10%) with double funding for students from low-income backgrounds
    • High School students with disabilities meeting 3 or 4 annual IDEA goals
    • Leftover money goes to Ready Grad proficiency (10%) with double funding for students from low-income backgrounds
  • TDOE projected $104.4M in outcomes funding, but based on annual appropriations
  • No required local contribution
  • Outcomes bonuses reported at the school level
  • TDOE will engage Outcomes Committee annually (new between proposal and draft)
Our Recommendations
  • Large majority of funding should be allocated through the base and weights to ensure stability and flexibility for districts
  • Metrics should be tied to existing, targeted, and growth-based measures (e.g., 3rd and 8th-grade math and reading growth and Ready Grad) to promote stakeholder transparency, efficiency, and evaluation
  • Identify students from low-income backgrounds, in rural schools, with disabilities, and English Learners for additional outcomes-based funding
  • Regularly monitor and evaluate outcomes funding through the Outcomes or TISA Review Committee
Analysis
  • Prioritizing growth-based measures creates opportunities for more districts to earn additional funding, rather than rewarding districts that are already have higher levels of proficiency
  • Additional funding for students with disabilities and English learners recognizes that all students can reach high expectations, but may require additional support
  • Goals should be consistent across measures. For example, 3rd and 4th-grade do not include math, but 8th-grade does. Additionally, students identified for additional funding, like English learners, are not included in the high school model and receive different percentages of funding depending on the measure. Goal measures and percentages should be consistent across goals to support transparency and targeted goal setting
  • Growth measures should be consistent across goals. For example, 3rd-grade uses proficiency, 4th-grade uses growth to proficiency, and 8th-grade defines growth at 2+ standard errors. It is critical to support students who are the furthest behind or just beyond the proficiency cut-off. Outcomes measures should utilize consistent growth measures aligned to our ESSA plan to increase transparency and targeted goal setting
  • The number of outcomes goals, particularly at the high school level, may make it difficult for district and school leaders to budget and plan strategically to demonstrate growth in the goal areas. Instead, the rules should incentivize 3rd and 8th-grade math and reading growth at the elementary and middle school levels and Ready Grad at the high school level as aligned to our ESSA plan. Additionally, the Read Grad indicator already includes the ACT.
  • Requiring the TISA Outcomes Committee to meet annually supports continual improvement and stakeholder engagement
Questions for Consideration
  • How will the State determine outcomes allocation amounts each year? What role will TDOE, the Outcomes Committee, and other stakeholders play? What factors will be considered?
  • How will TDOE and the Outcomes Committee monitor, evaluate, and revise outcomes goals? What factors will be considered?
  • Will TDOE publish the amount of available funding each year for outcomes funding, how schools/districts performed on each goal, and who was awarded funding (including funding amounts overall, per student, and disaggregated by students identified for additional funding)?
  • Will TISA Outcomes meetings be open to the public and recorded to increase stakeholder transparency?
Data Collection and Reporting
TISA Law
  • LEA will submit an annual accountability report to TDOE on budget and 3rd-grade ELA TCAP proficiency and other student achievement goals
  • TDOE will produce an annual report
  • TISA Press Conference referenced publicly posted and federally required school and district level funding will be added to annual report cards
TDOE Draft TISA Rules (6/6/22)
  • Data Collection:
    • ADM for the Base, Economically Disadvantaged, Concentrated Poverty, Small, Sparse, ULN, Grades K-4, 11, and 12, CTE membership, Charter
    • TCAP Performance Data
    • Title I Eligible Schools
  • Data Reporting:
    • Sparse (county square miles)
    • CTE approved programs with courses aligned to years 1-4
    • Fiscal capacity indices
Our Recommendations
  • State reports all existing and new data used to calculate TISA, including school and district-level funding and district, state, and federal-level per-pupil expenditure data
  • All data used to calculate TISA is publicly reported in an annual, longitudinal, comparative, transparent, and interactive format, including on the State Report Card, to promote stakeholder transparency
Analysis
  • The rule is unclear how the data will be shared with the public and would benefit from greater detail on how and when data will be published to the public
  • Additionally, it is unclear whether fast-growth stipend data will be collected or publicly reported
Questions for Consideration
  • How will the TISA Review Committee support state and district-level transparent data collection and reporting?
  • Will the fiscal capacity indices reporting include the LFC calculation, underlying data, and each county’s LFC based on Public Chapter 966?

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