Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0802 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2	HOUSE BILL 841
3	3	By Haston
4	4
5	5	SENATE BILL 802
6	6	By Massey
7	7
8	8
9	9	SB0802
10	10	002346
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13	13	AN ACT to amend Tennessee Code Annotated, Title 4,
14	14	Chapter 51; Title 37, Chapter 5, Part 5; Title 49
15	15	and Title 71, Chapter 3, relative to early learning.
16	16
17	17	WHEREAS, many children begin kindergarten developmentally and socially behind; and
18	18	WHEREAS, child care and preschool promote early learning and development when
19	19	they are high quality; and
20	20	WHEREAS, parents depend on child care and preschool programs in order to be able to
21	21	work; and
22	22	WHEREAS, child care and preschool programs, especially those that are high quality,
23	23	are unaffordable for most Tennessee families, costing more than in-state college tuition; and
24	24	WHEREAS, public payment assistance for child care and preschool programs is limited
25	25	to low-income families up to eighty-five percent of state median income; and
26	26	WHEREAS, choices for middle income families are especially limited due to lack of
27	27	affordability; and
28	28	WHEREAS, the Tennessee lottery was established in 2002 by the people of Tennessee
29	29	with four purposes for its proceeds, one of which is early learning programs; now, therefore,
30	30	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
31	31	SECTION 1. Tennessee Code Annotated, Section 4-51-111, is amended by adding the
32	32	following as a new subsection:
33	33	(1) There is created a fund in the state treasury to be known as the "promising
34	34	futures early learning fund." The fund consists of excess lottery revenues pursuant to
35	35	subdivision ( )(2) and monies obtained from any other sources for the purpose of
36	36	providing promising futures early learning scholarships.
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41	41	(2) Notwithstanding a law to the contrary, beginning July 1, 2025, and each July
42	42	1 thereafter, the corporation shall transfer one hundred percent (100%) of net lottery
43	43	proceeds that are not used to fund scholarships other than the promising futures early
44	44	learning scholarship established by § 49-1-1110, early learning programs and after
45	45	school programs, or capital outlay projects for grades kindergarten through twelve (K-12)
46	46	educational facilities, to the promising futures early learning fund.
47	47	(3) Money in the promising futures early learning fund must be invested by the
48	48	state treasurer pursuant to title 9, chapter 4, part 6 for the sole benefit of the fund.
49	49	(4) Monies in the promising futures early learning fund must be used to provide
50	50	promising futures early learning scholarships and as authorized in § 49-1-1110(j). The
51	51	department of education, in collaboration with the state treasurer, shall designate a date
52	52	by which the treasurer shall annually make a distribution from the promising futures early
53	53	learning fund to the department for the purpose of paying for the scholarships pursuant
54	54	to § 49-1-1110(f)(4).
55	55	(5) Monies in the promising futures early learning fund must not be used to
56	56	displace, replace, or supplant state funding for child care or other early learning
57	57	programs.
58	58	SECTION 2. Tennessee Code Annotated, Title 49, Chapter 1, Part 11, is amended by
59	59	adding the following as a new section:
60	60	49-1-1110. Scholarship program for children to participate in high-quality early
61	61	learning programs.
62	62	(a) The promising futures early learning scholarship program is hereby
63	63	established so that children may attend a high-quality early learning program.
64	64	(b)
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69	69	(1) As used in this section, "high-quality early learning program" means a
70	70	program with quality ratings, as determined by the department of education
71	71	utilizing measurement methods and instruments described in subdivision (b)(2),
72	72	indicating that the program delivers high-quality, teacher-child interaction and
73	73	instruction predictive of child outcomes.
74	74	(2) The department shall utilize measurement methods and instruments
75	75	for determining whether a program delivers high-quality, teacher-child interaction
76	76	and instruction that includes, but not limited to, a tested and proven, evidence-
77	77	based observational instrument that assesses classroom quality, including
78	78	assessing multiple dimensions of teacher-child interactions that are linked to
79	79	positive child development, early language and literacy skills, and later
80	80	achievement.
81	81	(c)
82	82	(1) The department of education shall implement the promising futures
83	83	early learning scholarship program by July 1, 2026.
84	84	(2) The department of education shall establish and administer a
85	85	streamlined online portal that parents may use to apply for a promising futures
86	86	scholarship. The portal must be capable of:
87	87	(i) Making eligibility determinations; and
88	88	(ii) Applying for federal funds for which the applicant meets the
89	89	eligibility criteria before making state dollars available.
90	90	(3) For the first year that promising futures early learning scholarships
91	91	are awarded, the department of education may award up to five thousand (5,000)
92	92	scholarships, and the maximum amount of a scholarship is four thousand five
93	93	hundred dollars ($4,500). For the second and subsequent years that promising
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98	98	futures early learning scholarships are awarded, the department may award as
99	99	many promising futures early learning scholarships and in such amount as
100	100	funding permits.
101	101	(4) If there are more eligible applicants than scholarship funds available
102	102	in a year that there is sufficient funding to award promising futures early learning
103	103	scholarships, then the department of education shall award the scholarships in
104	104	the following order:
105	105	(A) An eligible child who received a scholarship in the
106	106	immediately preceding school year; and
107	107	(B) As determined based on the results of a lottery.
108	108	(d) The department of education shall establish:
109	109	(1) The qualifications for high-quality instruction in high-quality early
110	110	learning programs for purposes of the promising futures early learning
111	111	scholarships, including, but not limited to, qualifications for high-quality teachers
112	112	and assistant teachers, high-quality teacher-child interaction and curricula, and
113	113	high-quality environments; and
114	114	(2) The measurement methods and instruments for high-quality
115	115	instruction, which must include, at a minimum, a tested and proven evidence-
116	116	based observational instrument to assess classroom quality, including assessing
117	117	multiple dimensions of teacher-child interactions that are linked to positive child
118	118	development, early language and literacy skills, and later achievement.
119	119	(e) To be eligible to receive a promising futures scholarship, a parent's or legal
120	120	guardian's child must:
121	121	(1) Be at least six (6) weeks of age and not eligible to attend a public
122	122	school pursuant to § 49-6-3001;
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127	127	(2) Be a member of a household with an annual income for the previous
128	128	year that does not exceed one hundred fifty percent (150%) the state median
129	129	income;
130	130	(3)
131	131	(A) Reside with a parent or legal guardian who has primary
132	132	responsibility for care and control of the child and who is employed and
133	133	works an average of thirty (30) hours or more per week or is enrolled in
134	134	and attending full time an eligible postsecondary education program; or
135	135	(B) Reside in a household with two (2) parents or legal guardians
136	136	who are each either employed and work an average of thirty (30) hours or
137	137	more per week or are enrolled in and attending full time an eligible
138	138	postsecondary education program;
139	139	(4) Be accepted to a high-quality early learning program; and
140	140	(5) Be a resident of this state.
141	141	(f) For purposes of creating and implementing the promising futures program,
142	142	the department of education shall:
143	143	(1) Establish procedures to determine a child's eligibility to receive a
144	144	scholarship in accordance with subsection (e);
145	145	(2) Establish an income verification process for purposes of subdivision
146	146	(e)(2);
147	147	(3) Determine which postsecondary education programs are eligible
148	148	programs for purposes of subdivision (e)(3);
149	149	(4) Pay scholarship funds directly to the high-quality early learning
150	150	program in which the child who receives the scholarship is enrolled;
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155	155	(5) Ensure that each child who receives a scholarship continues to meet
156	156	the requirements outlined in subsection (e);
157	157	(6) Establish the number of days a child who receives a scholarship must
158	158	attend a high-quality early learning program; and
159	159	(7) Ensure that each child who receives a scholarship attends a high-
160	160	quality early learning program for the number of days established pursuant to
161	161	subdivision (f)(6).
162	162	(g) The department of education may suspend or terminate a parent's or legal
163	163	guardian's participation in the promising futures early learning scholarship program if the
164	164	department determines that the child's parent or legal guardian failed to comply with this
165	165	section.
166	166	(h) If a high-quality early learning program knowingly uses promising futures
167	167	early learning scholarship funds with the intent to defraud the promising futures early
168	168	learning scholarship program, then the department of education may refer the matter to
169	169	the appropriate enforcement authority for criminal prosecution.
170	170	(i) A promising futures early learning scholarship:
171	171	(1) Constitutes a scholarship provided for high-quality early learning for a
172	172	child; and
173	173	(2) Does not constitute income of a parent or legal guardian of a child
174	174	under title 67, chapter 2 or any other state law.
175	175	(j) The department of education may use funds in the promising futures early
176	176	learning fund for expenses incurred by the department due to the department's
177	177	administration of the promising futures early learning scholarship program; provided, that
178	178	such expenses must not exceed ten percent (10%) of the balance of the promising
179	179	futures early learning scholarship program in any fiscal year.
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184	184	(k) The department of education shall submit a report on the implementation of
185	185	the promising futures program, including program outcomes, to the education committee
186	186	of the senate and the committee of the house of representatives with jurisdiction over
187	187	lottery scholarships by December 31, 2027, and by December 31 of each year
188	188	thereafter.
189	189	SECTION 3. The state board of education shall promulgate rules necessary to
190	190	effectuate this section. The rules must be promulgated in accordance with the Uniform
191	191	Administrative Procedures Act, compiled in Tennessee Code Annotated, Title 4, Chapter 5.
192	192	SECTION 4. This act is not an appropriation of funds, and funds shall not be obligated
193	193	or expended pursuant to this act unless the funds are specifically appropriated by the general
194	194	appropriations act.
195	195	SECTION 5. The heading in this act is for reference purposes only and does not
196	196	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
197	197	requested to include the heading in any compilation or publication containing this act.
198	198	SECTION 6. This act takes effect July 1, 2025, the public welfare requiring it.