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HOUSE BILL 2365
By Hawk
SENATE BILL 2598
By Southerland
SB2598
012631
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AN ACT to amend Tennessee Code Annotated, Title 49,
relative to education freedom scholarships.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 49-6-3502(7), is amended by
deleting the subdivision and substituting:
(7) "Recipient" means an eligible student who enrolls in a private school, or out-
of-district public school, and receives a scholarship for a given school year; and
SECTION 2. Tennessee Code Annotated, Section 49-6-3504(d), is amended by
deleting the subsection and substituting:
(d) In order to receive a scholarship under this part, an eligible student, or the
eligible student's parent, must:
(1) Submit a completed scholarship application to the department;
(2) Ensure the provision of an education for the eligible student that
satisfies the compulsory school attendance requirement provided in § 49-6-
3001(c)(1) through enrollment in a private school or an out-of-district public
school; and
(3) Not enroll the eligible student in a kindergarten through grade twelve
(K-12) public school that the eligible student is zoned to attend in any school year
for which the eligible student receives a scholarship.
SECTION 3. Tennessee Code Annotated, Section 49-6-3505(a), is amended by
deleting the subsection and substituting:
(a) The scholarship amount for a recipient who enrolls in a private school is
equal to the base funding amount, as defined in § 49-3-104(2), and is solely state
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funded. The scholarship amount for a recipient who enrolls in an out-of-district public
school is equal to tuition and fees charged pursuant to § 49-6-3003 by the out-of-district
public school in which the student is enrolled, and is solely state funded.
SECTION 4. Tennessee Code Annotated, Section 49-6-3505(b), is amended by
deleting "available to the recipient" and substituting "available to a recipient who is enrolled in a
private school".
SECTION 5. Tennessee Code Annotated, Section 49-6-3505(c)(1), is amended by
deleting the subdivision and substituting:
(1) Tuition and fees required by the private school, or the out-of-district public
school pursuant to § 49-6-3003, in which the recipient is enrolled;
SECTION 6. Tennessee Code Annotated, Section 49-6-3506(b)(2), is amended by
deleting the subdivision and substituting:
(2) The recipient's enrollment in the kindergarten through grade twelve (K-12)
public school that the recipient is zoned to attend;
SECTION 7. Tennessee Code Annotated, Section 49-6-3507(a)(1), is amended by
adding "who are enrolled in a private school" after "recipients".
SECTION 8. Tennessee Code Annotated, Section 49-6-3507(a), is amended by adding
the following as a new subdivision:
(3) As a condition of receiving a scholarship pursuant to this part, a recipient
enrolled in an out-of-district public school must be annually administered the
assessments required for public school students who are enrolled in the same grade
level or course as the recipient. The out-of-district public school that enrolls a recipient
must administer the tests required pursuant to this subdivision (a)(3).
SECTION 9. Tennessee Code Annotated, Section 49-6-3507(c), is amended by
deleting the subsection and substituting:
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(c) By June 30, 2026, and by each June 30 thereafter, each private school and
out-of-district public school that enrolls a recipient shall provide the results of the tests
administered to recipients pursuant to this section to the office of research and education
accountability in the office of the comptroller of the treasury. Each private school and
out-of-district public school may provide the test results required pursuant to this section
using aggregated, deidentified data; provided, that the data must be provided on a form
developed by the office of research and education accountability and in a manner that
allows the office of research and education accountability to group and analyze the
results by recipient grade level, household income level, sex, and race. The office of
research and education accountability shall submit an annual report to the education
committee of the senate and to the committee of the house of representatives having
jurisdiction over elementary and secondary education detailing the results of the tests
administered to recipients pursuant to this section.
SECTION 10. Tennessee Code Annotated, Section 49-6-3509(b), is amended by
adding "who is enrolled in a private school" after "A recipient" and by adding "who are enrolled
in a private school" after "Recipients".
SECTION 11. This act takes effect July 1, 2026, the public welfare requiring it.