HB 380 - SB 416
FISCAL NOTE
Fiscal Review Committee
Tennessee General Assembly
March 3, 2025
Fiscal Analyst: Alan Hampton | Email: alan.hampton@capitol.tn.gov | Phone: 615-741-2564
HB 380 - SB 416
SUMMARY OF BILL: Removes authorization for the State Board of Education (SBE) to
waive the requirement that curriculum and instructional material used by virtual schools meet or
exceed the SBE’s standards. Requires the Tennessee Textbook and Instructional Materials Quality
Commission (Commission) to adopt a procedure for a resident of this state to appeal to the
Commission for a determination that a virtual school curriculum or instructional materials meet or
exceed the academic standards adopted by the SBE.
Requires the Commission to determine within 60 days from the date on which an appeal was
received, whether the virtual school curriculum or instructional materials meet or exceed the
academic standards adopted by the SBE. If the Commission determines that a virtual school’s
curriculum or instructional materials do not meet or exceed the academic standards adopted by the
SBE, requires a virtual school to stop using such curriculum or instructional materials and substitute
a curriculum and or instructional materials that meet or exceed the academic standards adopted by
the SBE.
FISCAL IMPACT:
STATE GOVERNMENT
REVENUE General Fund
FY25-26 & Subsequent Years $1,008,000
Total Positions Required: 8
OTHER FISCAL IMPACT
It is unknown how many appeals related to virtual school curriculum or instructional materials the
Tennessee Textbook and Instructional Materials Quality Commission may receive. If the volume
of appeals is greater than the capacity of the Commission’s staffing level, an increase in expenditures
for additional positions may be required. However, due to multiple unknown variables, the extent
and timing of any such increase cannot be precisely quantified.
The extent and timing of any permissive increase in local expenditures cannot be determined with
certainty.
HB 380 - SB 416 2
Assumptions:
• Pursuant to Tenn. Code Ann. § 49-16-205, a virtual school shall provide each student
enrolled in the school access to a sequential curriculum that meets or exceeds the academic
standards adopted by the SBE.
• Pursuant to Tenn. Code Ann. § 49-6-2206(a), the SBE is authorized to issue a waiver
allowing a local board of education to adopt textbooks and instructional materials not on
the list of approved materials on a case-by-case basis.
• The proposed legislation removes the SBE’s authority to issue a waiver allowing virtual
schools to use textbooks and instructional materials not approved by the Commission. It is
not known how many waivers the SBE has issued to virtual schools.
• This legislation requires the Commission to receive citizen feedback and determine the
validity and compliance of virtual school curriculum and instructional materials meeting or
exceeding the academic standards set forth by the SBE.
• The Commission currently has three full-time employees. In order to fulfill the
requirements of the proposed legislation, the Commission will require additional staff,
including subject matter experts in each of the six subject areas.
• The total recurring increase in expenditures is estimated as follows:
Title Salary Benefits # Positions Total
Data Analyst $70,000 $19,641 6 $537,846
Attorney $115,000 $27,107 1 $142,107
Executive Assistant $60,000 $17,982 1 $77,982
Total: $757,935
• The Commission’s current costs to review physical textbook and instructional materials is
estimated to range from $500,000 to $1,500,000 each year.
• In order to evaluate virtual school curriculum and instructional materials, it is estimated that
the Commission will require an additional $250,000 per year.
• The total increase in state expenditures is estimated to be $1,007,935 ($757,935 + $250,000)
in FY25-26 and subsequent years.
• It is unknown how many appeals on virtual school curriculum or instructional materials the
Commission may receive. It is assumed that the number of appeals will be low; however, if
the volume of appeals increases significantly, additional staff and funding may be required
in future years.
• If a virtual school cannot obtain a waiver and is required to cease using their existing
materials and purchase new materials that align with the requirements, an increase in local
expenditures may occur. However, due to multiple factors, including the variation in
contracts with textbook providers, outcome of future appeals to the Commission, and the
cost to replace textbooks and instructional materials, the extent and timing of any such
increase in local expenditures cannot be determined with certainty.
• No impact to the SBE or the Department of Education.
HB 380 - SB 416 3
CERTIFICATION:
The information contained herein is true and correct to the best of my knowledge.
Bojan Savic, Executive Director