State Education

Percentage of successful appeals grows for Third-Grade Retention Law

The number of third-grade students approved to advance to the fourth-grade by appeal grew by 5 percent over the last three weeks of June.

The Tennessee Department of Education released final data Wednesday of the appeals process that ended last month for the state’s new Third-Grade Retention Law.  The department says 7,812 of the 9,054 students who filed appeals were successful. That 86 percent is higher than the initial data the department released last month, showing an 81 percent successful appeals rate.

The state denied just 7 percent (685 students) of the appeals and the remaining 557 appeals submitted for students were deemed not applicable.

The Tennessee General Assembly passed the Third-Grade Retention Law in 2021 to ensure students who showed they need additional support in reading on the Tennessee Comprehensive Assessment Program (TCAP) would receive additional support through tutoring and/or summer school before being promoted to fourth-grade.

Students who tested at the “approaching proficiency” level on the TCAP qualified for an appeal if they met either of these criteria.

  • Their student received a score at or above the 40th percentile on their spring universal reading screener. TDOE will pull this from data reported to the state by your district using the student’s state ID.
  • A catastrophic situation, such as a death in the immediate family, loss of a family home, or significant medical diagnosis, occurred during the days leading up to the TCAP test that impacted the third-grade student’s ability to perform on the test.

Students who didn’t qualify for an appeal can advance to the fourth-grade through summer school and/or tutoring in the fall.

“Throughout the summer, students, as well as their families, have remained engaged in making the best possible decisions about their education, seeking out academic supports in summer camp and tutoring during the upcoming school year,” said Lizzette Reynolds, Commissioner of THE Tennessee Department of Education. “Looking ahead, the department will continue to support districts and schools to ensure all students can get a great education in the coming school year, through strong classroom instruction and additional learning supports like tutoring.”

The state plans to release information about third-graders who successfully completed requirements for the summer school promotion pathway soon.

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