GovOps committee advances rule framework for Education Freedom Scholarship; grants go to finance committee

The House Government Operations Committee on Monday advanced House Bill 6004 to the finance, ways and means committee after more than an hour of questions focused on which state entities would write rules to implement the Education Freedom Scholarship program and how those rules would be reviewed.

Leader Lambeth, the bill's sponsor, told the committee the amendment moving with the bill limits the state treasurer's obligation to promulgate rules. “Notwithstanding title 4, chapter 5, or any of the law to the contrary, the state treasurer is not required to promulgate rules to effectuate the requirements of e 1 e,” Lambeth said, describing language in the amendment.

The bill and its amendment generally place rulemaking authority with the State Board of Education for requirements tied to private-school participation and testing. Lambeth said the State Board must promulgate rules in accordance with the Uniform Administrative Procedures Act (Title 4, Chapter 5). He noted the amendment also makes clear that the creation of the scholarship program “does not expand the regulatory authority of the state” over private schools beyond rules “narrowly tailored to enforce the requirements of the program.”

Committee members pressed sponsors on several operational issues that would be decided through rules or the bill's language. Representative Hardaway asked which nationally normed tests would qualify; Lambeth said the rules should allow a range of nationally normed achievement tests and that schools would not be forced to use any particular test. “It is entirely up to those schools as to whether or not to utilize it,” Lambeth said, adding that many private schools already use Tennessee's TCAP in some form.

Questions also covered eligibility and timing. Lambeth said the program's student eligibility details — including an initial split of 20,000 scholarships, 10,000 targeted by income thresholds and 10,000 first-come, first-served for the first year — are set in the bill's text rather than in rules. He said scholarship recipients must be lawful residents of the state and that the rules process is intended to be complete in time for distribution to begin by July 1, so families could use the funds for the coming school year.

Committee legal staff clarified review processes for rules. Doug Garrett of the Office of Legal Services told the committee that any rules promulgated would be reviewed by the attorney general for legality and constitutionality, and that the attorney general can return rules to an agency for revision if they are found defective. “Any rules that are promulgated require approval by the attorney general,” Garrett said.

The committee took a roll-call vote on a motion for a positive recommendation. The clerk recorded 17 ayes and 5 nos, and the committee sent the bill to finance, ways and means.