A Hamilton County teacher has launched a petition calling on Tennessee legislators to reconsider the state's new third grade retention law — and it's already gaining momentum, with just over 1,000 signatures as of Thursday.
The law, passed in January 2021, requires school districts to hold back third graders who do not score proficiently on the English language arts portion of the Tennessee Comprehensive Assessment Program test.
Based on Hamilton County's most recent test results, 64% of third graders may be retained next year if their scores do not improve when they test again in the spring.
Cortney Fugate, an eighth grade English language arts teacher at Loftis Middle School, said she started the petition because of her third grade son, who has attention-deficit/hyperactivity disorder.
"He is very intelligent, but also extremely ADHD," Fugate said in a phone interview. "And the boy can read anything you give him, but when we got his latest reading test, it indicated that he's reading below grade level. And I know that that's because he's not a good test taker."
ADHD is a disorder that affects the brain's executive functioning, according to the U.S. Centers for Disease Control and Prevention. Those with it have trouble focusing, sitting still and regulating their emotions to a degree that significantly impairs daily life.
"He's not able on a test to really show his reading ability," Fugate said. "So, that's what got me started. I was upset because I was thinking if he doesn't pass this, he's really hard on himself; I don't want him to ever feel like he's not good enough."
The law does allow room for students to catch up before being retained.
If a third grader is approaching English language arts proficiency, meaning they scored just under proficiency, they must either participate in a summer bridge program to achieve proficiency or receive high-dosage tutoring throughout their fourth-grade year. If they do not do one of these things, they will be held back.
A third grader who scores well below English language arts proficiency must participate in both summer bridge programming and high-dosage tutoring in fourth grade or repeat third grade.
Anna Ferguson, a parent to a third grader at Soddy Elementary, said she signed the petition because she's also concerned about her daughter's ADHD.
"She struggles with reading comprehension," Ferguson said in a phone call. "Neurotypical children learn differently than neurodivergent children like mine. You can present a neurodivergent child the same thing, the same information over and over and over again, and it's not going to click until it is presented to them in a way that their brain can process it."
The third grade retention law applies differently to students with disabilities and cognitive impairments. However, a student must be designated as disabled, meaning they either have a federally recognized individualized education plan or a similar state plan.
The key difference between a federal and state plan is that while both provide learning accommodations, students with a state plan do not receive specialized instruction. Schools conduct a series of evaluations to determine whether a child is eligible for one plan or the other.
And that takes time, Ferguson said, adding that she's still learning about her daughter's needs. Seeking out extra support and navigating the system can be confusing for parents, she said.
(READ MORE: How Hamilton County Schools is combating racial disparities in literacy)
Fugate said that Tennessee Comprehensive Assessment Program scores are just one indicator of reading level and should not be the only indicator used to determine whether a student can read.
"I know what those tests look like," Fugate said. "And I know that they are not a good indication of reading level. They are English language arts. So, that includes all of English language arts. It's vocabulary, it's conventions, commas and capitalization, and even handwriting for them."
Fugate said she hopes to collect many more signatures on the petition and has been reaching out to state legislators.
"My objective right now is to get a meeting with literally anyone who will listen to me," Fugate said.
She sent an email to state Sen. Bo Watson, R-Hixson, and said she received a generic response in return.
In a previous interview with the Chattanooga Times Free Press, Watson said legislators may refine the law, but more time must pass to see if it is working.
"Let's be honest about reading in this country," Watson said. "We began talking about this in the middle '60s with Reading is Fundamental, and I would argue with you that we've barely moved the needle. As we're playing this out, we're going to learn things that work and don't work, and we have to be willing to say, 'Hey, that's not working, let's pivot.'"
Contact Carmen Nesbitt at cnesbitt@timesfreepress.com or 423-757-6327. Follow her on Twitter @carmen_nesbitt.