Amends TCA Section 49-6-2203 and Section 49-6-2206.

This bill revises statutory provisions concerning contracts between the textbook and instructional materials quality commission and publishers, and the use of textbooks and instructional materials other than those listed by the commission and approved by the state board of education, as discussed below. Present law authorizes the state textbook and instructional materials quality commission to promulgate rules establishing minimum manufacturing standards and specifications for textbooks and instructional materials and establishing the conditions under which it contracts with publishers. Under present law, the commission may make contracts with the publishers for a period of no less than 36 months nor more than 73 months. This bill removes the 36-month minimum requirement for such contracts. Also, under present law, the commission may extend existing contracts for one additional year if it notifies the affected publishers at least one year prior to the beginning of the extension period. This bill increases the authorized period of extension from one year to two years and reduced the notice requirement from one year to six months prior to the beginning of the extension period. Present law prohibits public school teachers and principals from using or permitting the use of textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission. Present law authorizes the state board of education to waive this restriction, upon application of the local board of education, when, in the state board's judgment, the unique or unusual needs of the school system require it. In making waiver determinations, the state board of education may receive assistance from the department of education. Any teacher or principal violating these provisions is punished by a fine of not less than $10.00 nor more than $50.00. This bill rewrites the above provisions to instead prohibit an LEA from using or permitting the use of textbooks and instructional materials upon any subject to the exclusion of the textbooks and instructional materials listed by the commission and approved by the state board of education. This bill also makes it mandatory instead of permissive for the state board to receive assistance from the department in making waiver determinations. This bill removes the provision for fining a teacher or principal for use of unapproved books and instructional materials, and this bill adds the following: (1) Requires the state board to outline in its rules specific timeframes when waiver applications may be submitted by a local board of education and specifies that the state board must allow the submission of applications outside of the established timeframes in emergency circumstances, as defined by the state board in its rules; (2) Specifies that if the commissioner of education finds that an LEA knowingly uses or permits the use of unapproved books or instructional materials as prohibited by present law, then the commissioner may withhold state funds, in an amount determined by the commissioner, from the LEA until the LEA is in compliance; and (3) Requires that all English language arts textbooks and instructional materials be aligned to Tennessee's academic standards no later than January 1, 2023. ON MARCH 25, 2021, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 630, AS AMENDED. AMENDMENT #1 adds that a public charter school may request a waiver for the use of textbooks and instructional materials in accordance with the Tennessee Public Charter Schools Act of 2002. Such provision will be effective from the date that this bill becomes a law until July 1, 2021. Effective July 1, 2021, this amendment also prohibits public school teachers and principals from using or permitting the use of textbooks and instructional materials created to align exclusively with the Common Core State Standards or that are marketed or otherwise identified as Common Core textbooks or materials. This amendment requires that the commissioner withhold a portion of the state education finance funds that an LEA is otherwise eligible to receive if a teacher or principal employed by the LEA intentionally violates such prohibition. ON APRIL 21, 2021, THE HOUSE SUBSTITUTED SENATE BILL 630 FOR HOUSE BILL 755, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 630, AS AMENDED. AMENDMENT #1 incorporates the changes made by Senate Amendment #1 and requires, instead of authorizes, the commissioner of education to withhold state funds, in an amount determined by the commissioner, from an LEA that the commissioner finds to have knowingly violated this bill's prohibition on the use of textbooks and instructional materials to the exclusion of the textbooks and instructional materials listed by the state textbook and instructional materials quality commission and approved by the state board of education.