Education

Rep. Terry Continues to Fight for Students with Academic Freedom Act

March 1, 2020 By Admin

Informally known as the “Academic Freedom Act”, HB 2438, proposed by State Rep. Bryan Terry, MD (R-Murfreesboro), seeks to provide students with an avenue to address grievances related to free speech violations in the classroom. Even with the Campus Free Speech Protection Act, co-sponsored by Terry in 2017, students still feel as though their free speech is restricted, fearing that their grades or treatment in the classroom by professors may be impacted if they voice their true opinion. The bill aims to resolve these concerns.

Known as a champion for students, Terry has taken up the issue on behalf of both high school
and college students through previous pieces of legislation and initiatives. In the past, Terry has
sponsored the Right to Try Act for Central Magnet School students and the Racial Profiling Prevention Act on behalf of MTSU students. And when the voting rights of Tennessee college students were being stripped, Terry was the legislator who answered the call. When students shared concerns over repercussions they experienced when voicing their opinion in class or on an assignment Terry stepped up for students.

“One of the main reasons I ran for office is to make a positive difference in our state for the future of my children and their generation. When these issues arise, I look to help them take a stand,” Terry said. “With the cost of college and the other stressors in life, our students shouldn’t have to be on guard and feel intimidated in a classroom about their political beliefs.”

A 2018 survey published on behalf of Yale University’s William F. Buckley, Jr. Program found that 53 percent of students felt intimidated to share their ideas, opinions, or beliefs in class if they were different than those expressed by their professors. Additionally, the survey found that 52 percent of students felt their professors used class time to express their own political or social views not related to course content.

“When I talk to Tennessee students, they echo the same concerns found in the Yale survey. It can be difficult to speak up in class or even find the right words when writing a paper,” Terry said. “But when one has to be concerned about offending their professor and risk getting alower grade, that is an unhealthy learning environment,” explained Terry. “In the end, if a student receives a lower grade based on their expressed beliefs, that is discrimination.”

Though Tennessee enacted the Campus Free Speech Protection Act in 2017, that act did not put forth any specific enforcement in the event that a student faced discrimination in their coursework for expressing a political view. The “Academic Freedom Act” amends current statute to allow students a remedy if they face discrimination for their views in the form of a cause of action against the offending institution.

“Proving discrimination occurred against a student who expressed a political opinion is a high bar to attain. But if the discrimination occurs and negatively impacts a student and their life trajectory, the institution should be held accountable. This bill does just that,” concluded Terry. HB 2438 has been placed on notice in the Higher Education Subcommittee. Rep. Bryan Terry, MD represents District 48 which is the eastern half of Rutherford County. His office can be contacted at 615-741-2180 or Rep.Bryan.Terry@Capitol.Tn.Gov

Bryan Terry Takes TN-Ready To Task: “The Tests Aren’t Valid”

April 25, 2018 By Admin

MURFREESBORO, April, 2018– Folks, as many of you now know, there was another debacle related to TN Ready, the statewide testing assessment. This past week, many members, including myself, took the lead in protecting students, teachers, and schools from adverse effects of the invalid assessments. Despite our efforts to hold these students, teachers and schools harmless for the failures of the system, one should know that there were and still are forces out there against these protective measures. They are for forging ahead without any track record of reliability or validity in the system and for preventing further protections from the errors in the system.

Where we were in education as a state and where we are now does lead credence to the fact that we have made some positive strides. But, unfortunately, many of those who point towards the successes have turned a blind eye to the setbacks, drawbacks, and failures of the system. Leadership is about determining our values and goals, looking towards the past to learn and build, then make choices for the future to best achieve the goals. Failed leadership is assigning blame and refusing to accept responsibility while pushing forward without adapting to address the mistakes of the past.

The current philosophy of the system is to set high Tennessee specific education standards, then to assess on a yearly basis how well our students have learned the standards. In addition, there is the belief that accountability measures for students, teacher, and schools should not only improve outcomes, but improve the validity of the assessments. Whether one agrees with the philosophy or not is another debate, but coinciding with this philosophy, Tennessee has shown growth in our educational scores. However, one must question which parts of the philosophy have had the most impact, which parts have failed, and what are any unintended or negative consequences of such a philosophy.

Every year since I have been in office, I have looked to address the failures and shortcomings of the system while making improvements for the betterment of students and teachers. Having a fair, consistent, and valid system that improves our education outcomes is as important as ensuring morale and confidence in the system improves, as well.

I have been leading and will continue to lead in this area. It was my amendment which provided legislative intent to rescind Common Core standards and provided the General Assembly with confirmation powers over the standards committee. It was me who brought the confirmation appointments to a halt when it was determined that these individuals weren’t being vetted properly.

Last summer, I spoke with a representative for some teachers in Rutherford County to discuss the results of the TN Ready assessment. From my perspective, the results were statistically impossible, yet teachers were being punished. Based on that discussion, an investigation ensued and it was determined that roughly 10,000 tests were mis-scored including those in Rutherford County. Following that, I was able to bring Commissioner McQueen to an education round table involving our Rutherford County delegation and Rutherford County and Murfreesboro City School Boards to discuss the philosophy, as well as the past, present and future of education. Subsequent to the discussion, the Tennessee Department of Education (TDOE) provided me with a document surrounding the validity of the TN Ready assessments.

As many of you may know, I have been harping on the problems with validity in the system and that the state should have a reliable testing system prior to applying accountability measures to students, teachers, and schools. The failure of the TDOE to produce a reliable and valid assessment all the while imposing accountability measures has led to poor morale and anxiety within the education system. Until this is addressed, we will continue to see an exodus of good teachers and an uprising of students, parents, local education officials, and legislators like me.

Consequences of testing(holding students, teachers, school accountable) is a measure of evidence for validity and does or will improve the validity of the entire system. However, the other forms of evidence for validity which are test content, response processes, internal structure, and relation to other variables need to be proven prior to adding in consequences of testing. Unfortunately, that is not the philosophy of many in the position to make changes. Tennessee needs to have an actual error proof baseline of one or two years before enacting any accountability measures. The fact that we just passed a “hold-harmless” measure leads proof that our General Assembly believes the tests are invalid despite the position of the TDOE.

I am of the opinion that without a known valid baseline for comparison(relation to a known variable, response processes), that the data shouldn’t be used. Since there have been glitches and mistakes for several years, there isn’t a valid baseline. In their own report to me on validity, the TDOE pointed out that usability is a response processes that is vital to validity. Understanding that students and teachers are having problems with the platform and directions should provide evidence that the response processes for TN Ready isn’t valid. Add in that the testing problems provides proof that there isn’t consistency in the testing which invalidates relation to known variables, and you have an invalid test.

The bottom line is that if the conditions of a test are flawed, then the results of the tests are flawed. For example, if you have a free throw shooting contest, but player A shoots in a gym and player B shoots at an outside park with 30 mph winds, you can’t compare the accuracy between both shooters because conditions are different. And you can’t punish player B’s coach because he makes less free throws.

To further use the basketball analogy, we all want Tennessee students to be the best basketball players(student scores) in the country, and we want our teachers to be the best coaches and our schools to be the best teams. Providing high standards like shooting, rebound, dribbling and defensive skills while understanding team based philosophies like trapping, pressing, man to man, zones, high/ low schemes, and offensive shot selection improves outcomes compares to basic standards like “shoot if you’re open” or “stay between your man and the goal”. Additionally, providing the proper and enough equipment including basketballs, goals, and nets in an environment conducive to practicing or playing, improves the chances that the final product succeeds.

However, providing students and teachers with deflated balls while asking them to play on goals that aren’t consistently 10 feet and expecting the results of the Golden State Warriors isn’t fair to students, parents, teachers or schools. Before we take the accountability step, shouldn’t the state at least have some reliability, consistency, and validity in the system?

UPDATE

As an update to the TN Ready debacle, on the last night of Session, the House stood in unison to protect our teachers from the invalid assessments. Last week, we had passed legislation that had been supported by the TEA to hold students, teachers, and schools harmless for the scores from this year’s TN Ready testing due to multiple problems. As part of that measure, I insisted that it apply to all teachers including those using paper testing because there had been multiple problems with both online and paper tests.

However, earlier in the week, Commissioner McQueen declared. “TNReady data from 2017-18 will count for 10% of a teacher’s overall evaluation score. The legislation passed by the General Assembly last week ensures that this 10% cannot be used in making termination or compensation decisions.” While holding teachers harmless in termination and compensation decisions for an invalid test is a goal, the implication that a teacher could still have invalid measures used in an evaluation or other adverse ways was unacceptable. More action needed to be taken and we took charge.

Last night, after hours of negotiations and heated debate, we passed an amendment on HB 75 that said that “No Adverse Actions” can be taken against students, teachers, schools, or LEAs for the 2017-18 TN Ready assessments. That phrase was vital to the amendment as using invalid tests on an evaluation to go into a teacher’s file is an adverse action.

Teachers who may benefit from the assessments may include the assessment in their evaluations or they may use their qualitative observations to count for 60% instead of 50% of their evaluations. Students or schools who may benefit may use their scores if they benefit them, as well.

Applying yearly patches to address either a failed system or failed implementation of a system is not serving students, teachers, nor taxpayers in a sensible capacity. Under the given circumstances, this amendment may have been the best feasible option for the year, but having eight months until the 111th session begins should give the next administration and General Assembly the opportunity to present a long term solution.

Just my two cents,

Rep. Bryan Terry

Follow Dr. Terry on Facebook and Twitter.

Rep. Bryan Terry 2018 Legislative Preview: MTSU, Medical Marijuana, Healthcare, Education

January 8, 2018 By Admin

MURFREESBORO, January 7, 2018– I have been busy getting ready for the upcoming session. I hope you enjoy and become more informed with my updates. As we begin the 2018 session on January 9, here is my pre-session update.

The opioid crisis will be the biggest issue coming to the Health Subcommittee which I chair. I was able to have a couple of opioid related bills jacketed this past week and I have some others waiting to get jacketed depending on a few more discussions. I look forward to hearing the discussions and taking the lead on several aspects of this issue. I am expecting a multitude of opioid related bills to come through my committee and may organize a special meeting to listen to all the potential bills.

Aside from the opioid issue, last week, I was corresponding with legislators, an attorney, and physicians from other states to on how they are tackling a particular bipartisan medical issue. This issue has been going on for some time, and I have been working on a solution for a while. Of all things, on New Years Eve, I was speaking to a democrat physician legislator about how his state was addressing the issue. I’m working on drafting legislation on this issue, but can’t give specifics as it is too early and I may not be the one to carry the bill.

I, will, also, be carrying a bill with Dr. Briggs that should streamline a medical service to help decrease the morbidity and mortality of patients……more details to come later when we file the bill.

I will, also, be carrying at least one, if not more, bills related to education. When they get filed, I will be able to go into more detail, but there are at least three bills that I will either carry or be a prime co-sponsor. These issues directly impact Rutherford and Murfreesboro City Schools, and at least two of the bills were spurred on by problems related to testing that occurred in our county. These bills, also, help address some of the concerns brought forth by our school boards during the education round table that I hosted.

I have, also, agreed to carry a bill with Senator Ketron that will directly impact MTSU. When we file it, we will provide more information and details. It will bring some jobs and an educational opportunity to the area.

Over the last several months, college students across the state have been bringing awareness to an injustice on their campus. Working with these students, we hope to change the code to correct this injustice. Yesterday, I was able to sit down with the student leader on this issue and we have the rough draft of the legislation in hand. I will be meeting with legal services this week to have it drafted. Students are the largest constituency in many districts. Students across the state know that I stand up for them every chance I get, and I look forward to being the voice of students on this issue.

As most people are probably aware, medical marijuana or cannabis based treatments will be discussed this session. Senator Dickerson and Representative Faison held a task force this fall to discuss the issue and draft possible legislation. Most recently in the news, Attorney General Jeff Sessions revoked the Obama era Cole Memorandum which, essentially, instructed federal prosecutors to not prosecute individuals in states who legalize forms of cannabis. Congress has some bills to decriminalize or reschedule cannabis, but it is uncertain if they will act. So, the impact of the revocation of the Cole memo on possible medical cannabis treatment legislation is yet to be determined.

Of note, however, is a federal lawsuit by a 12 year old girl by the name of Alexis Bortell against AG Sessions that is pending. The lawsuit would essentially either reschedule or de-schedule cannabis as her civil rights are being violated due to her medical treatment.

As chairman of the health subcommittee and to further educate myself and, hopefully, other legislators and the public, I was able to conduct an exclusive one hour interview and follow up questionnaire with Alexis and her father, Dean. I am awaiting permission from her legal team to release the questionnaire and more details from the interview. In addition, Mr. Bortell has offered to testify before our General Assembly depending on the timing and the lawsuit.

What I can impart is the history of Alexis and her treatment with her seizure disorder.

She lived in Texas, and began having seizures at the age of 7. By age 9, she had been on multiple anti-seizure medications and had suffered many side effects from those medications. Yet, she still had intractable seizures.

Faced with a lifetime of major medication side effects, intractable seizures, and a limited quality of life, her parents were given two potential medical options. Alexis could have a craniotomy which would involve surgery on her brain. The part of the brain that would have involved surgery would impact her personality, ability to think or reason, and her memory. Her other option was to move to another state and try cannabis based treatments. If cannabis based treatment failed, she could then have surgery, but if she tried surgery first and it failed, she would be forever changed. The family chose to move to Colorado and seek treatment there.

Alexis has been under a physician’s care and has participated in research projects while in Colorado. She is perhaps the most researched and tested patient in America. Of note, she currently takes two medications. One is an oil that contains a high CBD to THC ratio that is her maintenance medication which she takes twice a day. This oil is called Haleigh’s Hope. The other is a higher THC cannabis based oral spray called Cannatol RX to treat auras which signal an impending seizure. These auras present themselves to Alexis as a tingling sensation on her scalp or visual spots in her field of view. She self administers the THC when the symptoms present and has access to the THC spray on school grounds at her school in Colorado.

Since becoming stable on her medication on Day 33 of her treatment, she has been seizure free for nearly three years. She has had to use the oral THC spray less than 20 times to prevent seizures. She is growing like an otherwise healthy girl with minimal if any side effects. Aside from the limitations placed on her due to cannabis laws, she is able to lead a normal life. One that she would not be able to lead if she still lived in Texas or even Tennessee.

Of note, there are around 70,000 Tennesseans with a seizure disorder. Roughly, 5000 are minors like Alexis. That translates to over 700 patients and 50 children in each legislative district who could potentially see the same medical benefits as Alexis without the major side effects of anti-seizure medications.

In addition, I have heard candidates for legislative and gubernatorial office opine that big Pharma already has drugs to treat seizures or that we already have “medical marijuana” in a drug called Marinol. In the case of Alexis and countless others like her, those medications either don’t control the seizures or they have severe side effects. Marinol, the synthetic THC that is legal in Tennessee and every state, takes 30-45 minutes to take effect which isn’t fast enough to treat an impending seizure; whereas, the nasal and oral THC sprays works almost instantly.

Sativex and Epidiolex are potential cannabis based FDA approved medications coming down the pipeline, yet neither medication would provide the ratios of THC to CBD necessary to treat patients like Alexis. And neither would provide the flexibility to treat these patients as their metabolism changes during puberty.

Ultimately, the action that our Tennessee General Assembly takes may very well depend on the action taken at the federal level, the result of the lawsuit, or the kind of legislation put forth by Senator Dickerson and Representative Faison. Regardless, after speaking with the Bortell’s, it is clear that the current system is failing many patients. Telling Tennesseans who are in the same position as Alexis to just keep suffering from medication side effects, move to another state, or have a partial lobotomy isn’t the answer.

As always, it is an honor and a privilege to serve District 48 as your state representative. Please, follow my updates on BryanTerry4TN.com, on Facebook at Dr. Bryan Terry, or on Twitter at @BryanTerry4TN.

With Liberty,

Rep. Bryan Terry, MD

Follow Dr. Terry on Facebook and Twitter.

Rep. Bryan Terry Hosting December TN-Ready Forum With DOE & School Boards

November 2, 2017 By Admin

MURFREESBORO, November 2, 2017– Representative Bryan Terry, MD (R-Murfreesboro) has announced he will be moderating an education round table to be held Monday, December 4 at 5:00 pm at the Rutherford County School Board. Tennessee Department of Education(TDOE) Commissioner Candice McQueen will be addressing both the Rutherford County and Murfreesboro City School Boards.

With education issues involving incorrect scoring of TNReady tests, evaluations, delayed information, and funding, the community, including students, parents, teachers, administrators and board members, have expressed concerns about the current situation at the state level. Rep. Terry discussed the various concerns with the TDOE who agreed that a round table would be mutually beneficial to exchange information between the state and local levels and allow interested parties to provide and obtain feedback.

“I can express the concerns of the district, but I think it is a great opportunity for Commissioner McQueen to hear personally from our community and school boards. Conversely, it is my hope that the Commissioner can provide a historical context while presenting the department’s vision and rationale of the current state of education followed by some explanations of what has transpired,” stated Terry. “I am looking forward to open dialogue, feedback, and answers to questions from our boards and community.”

Although the event is a round table discussion between the school boards and the Department of Education, the event is open to the public. Rep. Terry said the event is an opportunity for the community to hear from both the state and local officials, as well as submit questions. “Because of the limited time, the Department of Education likely won’t be able to answer or get answers to every question at the round table. To ensure as many concerns as possible get addressed, we are asking anyone in the county to, please, submit questions or concerns to either Rutherford County School Board member Lisa Moore, Murfreesboro City School Board member Jared Barrett, or to my office to ensure someone someone addresses those concerns directly.”

Questions or concerns can be submitted to rep.Bryan.Terry@Capitol.tn.gov, jared.barrett@cityschools.net or MooreL@rcschools.net. The Rutherford County School Board is located at 2240 Southpark Drive, Murfreesboro TN 37128.

Follow Dr. Terry on Facebook and Twitter.

Rep. Bryan Terry: Update on 2017 TN-Ready Testing

May 30, 2017 By Admin

In recognition of Antibiotic Awareness Week, Rep. Bryan Terry, MD teaches students about antibiotics at Central Magnet High School in Murfreesboro.

NASHVILLE, May 30, 2017– As many students and parents know by now, the TN Ready test scores will not be factored into the grades of Rutherford County students this year. When the news came out, there were some upset parents, students, and teachers. I’ve received some questions about the situation, and did some research on the issue. There are still some questions, but hopefully, I can provide some useful information. The article in the Tennessean provides some info on the issue, as well.

First, as you may know, I ran a bill that required the TN Dept. Of Education to put forth a report on the validity of evaluations. With TN Ready scores as a metric in the computing of the evaluations, the tests have a direct impact and must be as valid as possible. Testing can be correlated with improved outcomes, however, the tests really cannot be proven to be a completely valid measure, especially in the first year.

There are five forms of evidence for validity:

Evidence based on test content:
Evidence based on response processes:
Evidence based on internal structure:
Evidence based on relations to other variables:
Evidence based on consequences of testing:

Transparency and history of testing can improve items 1, 3, and 4. Without a baseline test, it is difficult to know whether the test content, the structure of the test, or the consistency of the test is valid. For these reasons, honestly, I wouldn’t want this year’s TN Ready to count on my child’s grade. It really shouldn’t count against teachers or schools, either. That being said, consequences of testing, such as the scores actually counting for a grade, will improve the validity of the test and evaluation. Even if the scores don’t count this year, the fact that students believed that the scores were going to count should improve long term validity of the process.

Response processes has to do with behaviors, attitudes, effort, and confidence in the testing. Many of these factors are beyond the control of the teachers such as whether or not the student tries on the test, had breakfast, parents are divorcing, etc. In addition, as I have said before, perception is reality, and the perception is that the TN Ready test isn’t actually ready and parents, students and teachers are losing confidence in the system……if there was any confidence to begin with.

Last session and this session, I had conversations with the TDOE about these issues, my concerns, and the concerns of many constituents. The bottom line is that a good idea executed poorly results in a bad outcome. We can debate about whether the testing and evaluations are a good idea or not, but the perception, as well as the reality, is that there has been poor execution of the testing process. Understanding the failings of the process and correcting the problems are of utmost importance if the state expects to have student, teacher and school improvement.

Based on some of the media reports, it appears as if the TDOE is shifting the responsibility to LEAs, while LEAs are pointing to the state or the testing vendor for the testing issue this year. The TDOE sent me the following response:

All of the department’s timelines are on track.
In February, we shared with superintendents that scores would be available beginning the week of May 22 if they submitted their testing materials by the deadlines published by our assessment vendor, Questar, and communicated by the department.
Test scores are scored on a “first in first out” basis. Scores will be available on a rolling basis as they are processed by Questar.
The overall timeline is similar to what districts have experienced in the past. Scores are usually available 2-3 weeks after the close of the testing window, which was on May 5.
Pursuant to Chapter 256 of the Public Acts of 2015, districts may choose to exclude students’ test scores from the student’s grade if scores are not received at least five instructional days before the end of the school year.

While this is a positive response with some explanations, there are several more questions that arise. Based on the response, one can infer that LEAs were given a window to give the tests, and it is my understanding that they were given a 3 week window. Secondly, one can infer that the state knew or expected many of the tests, especially those administered late in the testing window, to not be graded in time so they could be used as part of a student’s final grade. Finally, if some students were tested at the start of the 3 week window, while students in other parts of the state are tested later, aren’t those later students and teachers being afforded extra prep time for the test?

I followed up again with the TDOE on the issue. The TDOE stated that they wanted to give the LEAs the flexibility on when to administer the tests, as well as allow districts the ability to hold their report cards until the scores were returned, if they wished. In my opinion, Rutherford County and Murfreesboro City schools, by testing later, afforded their students and teachers a better opportunity to perform better on the test. It is, also, my opinion that it was prudent to not include the TN Ready test scores due to the above mentioned validity concerns.

In addition to the timing problem, one of my biggest complaints has been the communication breakdown on the testing process. The TDOE informed me that parents and LEAs were provided with information, several times, about this year’s TN Ready. HERE is the link they provided. While this link is fairly informative, I’m still not sure many parents or teachers ever saw or reviewed the information.

I asked, “What is being done to ensure the tests are returned in time next year?” The response was as follows:

“We anticipate online testing will improve timelines. Currently, we are losing at least 7-10 days of potential scoring time with shipping and delivery, and that is a time-consuming process for districts, as well. It can be longer if there are issues with shipping, such as bad weather, a delivery truck breaking down, missed pick-up dates, not having enough labels, etc. In addition, we, now, need to hand-score parts of the assessment, which necessitates having testing documents back as soon as possible. Online assessment means the student responses are immediately available to score.

While we believe we were clear and communicated multiple times that raw scores would be available in late May, we will strive to ensure everyone is clear on that timeline next year and make any process adjustments that are needed to help the raw score return process go more smoothly.”

I know this information won’t change what has already occurred, but my constituents, parents, teachers and, most importantly, students need to know that someone is at the Capitol holding people accountable and fighting to improve the situation.

The end result of my bill was an agreement with the TDOE and the TEA to provide a report on the evaluation process which will review the past problems, discuss the intent, and provide information on changes. Hopefully, it will help students, parents, teachers and LEAs to better understand the process, problems, and changes while allowing for feedback. It is a government of, by, and for the people, and my aim is to ensure “we the people” have that voice.

With Liberty,

Rep. Bryan Terry

Follow Dr. Terry on Facebook and Twitter.

Rep. Bryan Terry: Updates on infant protection, opioid crisis, healthcare, education & infrastructure

May 8, 2017 By Admin

NASHVILLE, May 8, 2017– This is one of the last updates from Capitol Hill before Session ends for the year. Here are a few things of note that have happened lately.

BUDGET PASSES HOUSE AFTER DEBATE

After a day of often heated discussions, the House passed a 37 billion dollar balanced budget on May 5th. The budget will go to the Senate to adopt on May 8. Constitutionally, we are required to pass a balanced budget which the budget is. Tennessee is one of the best run states in the nation with the least debt per capita. When one looks across the United States and see other states with massive deficits, one can truly look at Tennessee’s surplus as proof of Tennessee being on solid footing. However, having a massive surplus doesn’t necessarily mean that we have to spend all of the surplus or start new spending programs.

With new fees and increased taxes associated with the gas tax proposal, as well as having a 2 billion dollar surplus, many Republicans, including myself, felt like the state had over-collected taxes on our citizens. Therefore, the right thing to do was to return some of the funds to the counties or at least not spend all the surplus revenue.

Aside from a huge spending increase, philosophically there were two issues I had with the budget. First, as I have previously stated, with a two billion dollar surplus, we shouldn’t increase taxes and start new programs. Secondly, the budget included taking 55 million from the General Fund to give to the Tennessee Department of Transportation (TDOT) to jumpstart the IMPROVE Act/ gas tax hike.

Folks, all throughout the gas tax hike debate, proponents of raising the gas tax based their argument on gas and diesel tax being a user fee. They were adamant against using General Fund monies to support TDOT. With the monies previously raided from the transportation fund repaid in the budget, why then would one raid 55 million in non-user fee monies to give to TDOT?

A budget battle ensued, but in the end all sides agreed that the 55 million dollars should be returned to the counties and the county taxpayers. Ultimately, the money was returned for use on county roads with Rutherford County getting over 1 million returned to our county taxpayers. Everyone knew that we must have a balanced budget, and in negotiations, the question is always “What will get you to ‘Yes’ or ‘neutral’?” In principle, the Senate agreed, but they must now vote on the budget May 8th. Kudos to all for setting aside differences to come together for a solution.

EDUCATOR’S BILL OF RIGHTS, HEARING PROTECTION, AND SPORTS MEDICINE

On Monday May 1st, three bills that I co-sponsored passed on the House floor. First, was the Educator’s Bill of Rights(HB 174). One provision in the bill is that educators shall not be required to spend their own money to equip a classroom. Another provision is that educators have a right to defend themselves from violence. The bill passed unanimously.

The Hearing Protection Act, in simple terms, removes firearm suppressors from the list of banned weapons in Tennessee. From a Federal law standpoint, Tennesseans will still need to take the Federal steps necessary to obtain the suppressor. However, if and when Federal law on suppressors changes, Tennessee will be in a better position to support our 2nd Amendment rights.

Last, I sponsored the “Visiting Sports Team Act” which grants limited medical privileges to team doctors who are traveling with their sports team. The bill will allow team physicians who are traveling with a team that is part of a national organization like the NCAA or NFL to treat their players and coaches in a limited fashion without requiring a Tennessee license. If the player or coach required emergency or more extensive treatment, a Tennessee licensed physician with hospital privileges at a local hospital would then assume patient care.

INFANT PROTECTION, PHYSICIAN LICENSURE, AND 2nd AMENDMENT RIGHTS

On Wednesday, the House passed several bills that I co-sponsored including the Tennessee Infants Protection Act(HB 1189). The bill defined unborn infant viability at 24 weeks gestation and banned abortion after that point with some exceptions. In addition, it requires proof of non-viability prior to an abortion after 20 weeks gestation. Almost all abortions in Tennessee occur prior to 20 weeks and the bill mirrors an Ohio law that has never been challenged as being unconstitutional.

All rational Tennesseans agree that at some point during pregnancy, there is life. Even the courts have ruled that an event that results in the death of a woman and her unborn will be viewed as two deaths. For some, the point of life is at conception. While for others, it is later on in pregnancy. With current technology, the Tennessee Infant Protection Act is basically saying that Tennessee is going to protect the unborn at the point of viability. While many agree that infants should be protected at other points in pregnancy, constitutionally, this bill is a sound and positive step to saving the unborn.

I, also, co-sponsored the Interstate Medical Licensure Compact (HB 664) which passed unanimously on Wednesday. As of right now, many states allow reciprocity for medical license requirements. For example, I have a Tennessee medical license, and Georgia may accept our requirements. However, I would still have to go through the paperwork and fees associated with a Georgia license. In a compact, my active Tennessee license would now be active in other states in the compact. Where this helps Tennessee is that, due to physician shortages, we can utilize physicians who live in surround states who would like to work extra and decrease the wait times for Tennesseans.

HB 508 which helped protect our 2nd Amendment rights, also passed on Wednesday. Cities were abusing our 2nd Amendment rights and placing citizens at risk via a perceived loophole in the Guns in Parks law. The bill placed certain conditions and restrictions on municipalities if they did not allow firearms into certain locations and venues. In addition, it placed penalties on those municipalities if they did not protect citizens and damages occurred. While not a perfect bill, it was most definitely a step in the right direction for our 2nd Amendment rights.

EDUCATOR PROTECTION, OPIOID CRISIS, AND MEDICATION THERAPY MANAGEMENT

On Thursday, before the budget battle, three bills that I co-sponsored passed the House. HB 1186, the Tennessee Educator Protection Act, provides protection against meritless lawsuits during the course of their duties educating our students. It, also, ensures that educators can file civil charges against those who bring false accusations against educators or other causes with intent to harm.

With our opioid crisis, HB 1207 will grant the Health department the authority to identify high risk opioid prescribers who will then be required to comply with certain educational training standards, as well as provide information to their patients on the risks of opioid addiction. In addition, the managed care organizations in TennCare will be required to provide information on neonatal abstinence syndrome(NAS) which is caused by opioid addiction during pregnancy. The goal is to identify, treat, and help prevent opioid addiction and NAS in Tennessee.

HB 628 sets up a TennCare pilot program for Medication Therapy Management(MTM). MTM has been found useful as a cost saving measure in other states. MTM incorporates pharmacists in the medication management which should help optimize outcomes for patients; thus, leading to cost savings in the TennCare program.

Follow Dr. Terry on Facebook and Twitter.

As always, I’m honored and humbled to be the state representative for District 48.

With Liberty,

Rep. Bryan Terry, MD

Rep. Bryan Terry: Final Tennessee Education Update of 2016

December 30, 2016 By Admin

*Rep. Bryan Terry Addresses Tennessee High School Students*

Murfreesboro, December 29, 2016– I hope everyone had a Merry Christmas and have plans for a Happy New Year. Over the past month or so, a lot has gone on as I’ve prepared for the 110th General Assembly. Between meetings, research, bill preparation, and outreach initiatives, there has been a plethora of information gathered. Prior to session, I hope to address other topics in the coming weeks, but as I have been in several meetings surrounding education, I’d like to start there for a “District Debriefing”.

Not long after the election, I was offered the opportunity to job shadow a teacher at Cason Lane Academy. During the experience, I was able to observe the teachers interact with their students, participate in a Q&A with the students, and listen to teachers and their concerns. The teachers echoed the same sentiments that I have heard throughout the district as I spoke with my constituents. They understand the need for evaluations, but want the process to be fair, consistent, and valid. They are frustrated with constant testing which takes time away from teaching. Frequent changes in standards and curriculum impacts their planning and methods. And perhaps most concerning, many believe that the system is pushing students and teachers to become a statistic, as opposed to fostering individuality with freedom to make a difference. Our teachers love their profession, but, as I have seen in the medical profession, too much of the top down approach has impacted their morale.

Concerning K-12 education funding, I’ve had several meetings addressing budgetary items specifically related to education funding. A frequent topic of discussion amongst school boards and administrators is the Basic Education Program(BEP) formula and funding with complaints of underfunding, unfunded mandates, and unfairness of the system. Suffice it to say that the formula is fairly complex. The bottom line is that the state expects certain levels of quality, but essentially, for budgetary purposes, views each school district as one giant school. However, each school district has multiple schools and their own standards which complicates the funding issue.

As an example, suppose Black Fox has 25 students in 1st grade, and Northfield has 15. For quality, the state requires a 20:1 maximum ratio of students to teachers up to 3rd grade. Therefore, in this example, Northfield would need one teacher and Black Fox would need two. However, the state saw the Murfreesboro City School District as having 40 students, and would only provides BEP funding for two teachers. Whereas, the city, due to local zoning, must have three teachers in this scenario.

Last year, the General Assembly passed the BEP Enhancement Act, which improved funding and the formula. In the above example, it is my understanding that the state would now help fund a greater percentage towards three teachers instead of just funding for two. In my discussions around the Capitol, I believe that there will be improved funding this year in this year’s budget. However, as long as the state and school districts operate under different philosophies, there will be perceived and real disparities with funding.

With the election of Donald Trump and his subsequent appointment of Betsy DeVos as Secretary of Education, I do expect some changes in both philosophy and policy from the federal level. What that will look like and how it impacts our state remains to be seen, but many are speculating about a push for an increase in school choice. Last year, Rep. Dunn brought forth legislation that would have offered opportunity scholarships(otherwise known as vouchers)to certain children in failing school districts. While the bill made it to the House floor, he withdrew the bill due to uncertainty of the vote. Many expect a similar bill to be filed again this year and unless there are major changes, it wouldn’t directly impact Rutherford County.

The school choice issue is a very contentious issue, and I witnessed that firsthand last session. I was very disappointed in the actions of many of those who were partisan ideologues on both sides of the issue as the bill moved forward last session. Those of us that value both liberty for students and parents, respect for our teachers, and understand the constitutional system of free public schools often found the rhetoric and hyperbole an impediment to a rational search for information and sound public policy. Since the election, I have already witnessed some disconcerting behavior from citizens, former candidates, and others related to this issue. As I did last session, I’ve adopted a wait and see attitude, and I will vet any proposed bill while filtering out the rhetoric and partisan nonsense when the time comes.

On the higher education front, earlier this month, I had the opportunity to meet the nominees for MTSU’s new education board that was set forth from the provisions of the Focus Act. The board will allow MTSU, and five other Tennessee universities to have more local control and autonomy. These nominees will need to be confirmed by the General Assembly. Here is a link to the nominees. http://www.mtsunews.com/haslam-local-governing-board/ If you have any issues or concerns, please, let me know prior to confirmation.

As K-12 funding is always an issue, so is funding for higher education. With respect to MTSU, I have met with Governor Haslam’s staff on this issue. How funding will be reflected in the new budget remains to be seen.

As always, it’s and honor and a privilege to serve as your representative, and I am humbled by your support. The best way to contact me is usually via email and I can be contacted at the Capitol at rep.Bryan.Terry@Capitol.TN.Gov or locally at BryanTerry4TN@gmail.com.

Follow Dr. Terry on Facebook and Twitter. Donate Below!

Rep. Terry: End of Session Update On Education & Economy

May 9, 2016 By Admin

The 2016 Tennessee General Assembly has concluded their business at hand and has adjourned “sine die” which means that there is not a date for future meetings. As it is my believe that knowledge is power, and power resides with the people, it has been my endeavor to inform my constituents as much as possible. Here is a summary of the 2016 session with highlights of some of the bills, accomplishments, and insight into some of the “inside baseball” that took place with education and the economy.

Education

Two bills dealing with education were holdovers from 2015. HB 1049 was the Tennessee Choice and Opportunity Scholarship Act, while the other was HB 675 which gave in-state tuition to children of illegal immigrants. HB 1049, otherwise known as the “voucher bill”, would have provided at risk children in underperforming schools the opportunity to use a scholarship to pay tuition at participating private schools. To say that this was a contentious bill is an understatement. For me, as I was approached by all sides on this issue, I looked to see how Tennessee could maximize the liberty of students and parents without negatively impacting those students, teachers, or schools that felt “left behind”.

To me, I was disappointed in the actions of many behind the scenes on this issue. Misinformation, negative emotions, and confusion surrounded this issue. In the end, the sponsor, Chairman Dunn, decided to lay the bill on the desk of the House when he determined that he was not confident that he had the votes. I would personally like to commend Chairman Dunn for that action, as it showed a statesmanlike approach that is often missing in politics.

HB 675, in-state tuition for children of illegal immigrants, failed to receive the required 50 votes to pass in 2015; however, the bill did not technically fail. So, it was sent back to Calendar and Rules Committee for 2016. Prior to session, I researched the issue and published my findings. In-state tuition only covers between 25-75% of the actual cost to educate a student. That means that taxpayers and donors pay for the rest. It is my understanding that several legislators that voted affirmative in 2015 had changed their minds, and the bill wouldn’t have had enough votes to pass this year. The sponsor decided not to run the bill this year.

With a lot of concerns about questions on student assessments, I co-sponsored HB 1537, the Tennessee Student Assessment Transparency Act. The bill requires the annual release of statewide assessment questions and answers. This change in assessment procedure will provide parents, teachers, and students more information about the tests students take and more information about ways to best support students in their goals.

I, also, co-sponsored HB 1905 which set forth regulations on teaching of religion in schools. Constitutionality, transparency, as well as curriculum and textbook appropriateness were addressed in the bill.

As it is no secret, TNReady was an absolute failure this year. I held a bill that had the caption to address the teacher evaluation process that TNReady impacted. We put pressure on the Dept. of Education and the administration to do something about the tests. In the end, the administration used a bill held by Rep. Forgety to give teachers the option to use the scores or not for their evaluations. As such, my bill, which originally dealt with validity of the tests, did not get in good enough workable form for me to get it passed this year. However, as we have found out from the TNReady process, everything I have said about validity, or lack thereof, in the evaluation process is true. I have spoken with several representatives who are willing to work with me next year on this issue.

Economy

Our legislature has been working hard to overcome the Obama economy, and the work has been paying off. Tennessee ranks number one in the southeast, and number two overall in the the United States for job growth over the past year. The private sector in Tennessee has created over 325,000 jobs since 2011. The latest unemployment rate is 4.5%, and more Tennesseans have a job than at any point in state history!

As good as Tennessee is doing, we need to keep improving. This year, I co-sponsored HB2570 which is the Rural Economic Opportunity Act of 2016. The legislation has two main parts. First, the bill would implement a new program called ‘PREP’ or ‘Propelling Rural Economic Progress’. This innovative program would allow grants from the PREP fund to be used to help rural counties build sites and infrastructure to make their communities more attractive to prospective companies.

Second, the legislation would restructure the county tier system making it easier for businesses in rural counties to qualify for job tax credits. This, in turn, would make it easier for these same businesses to expand and hire new workers.

Perhaps one of the biggest accomplishments was HB 813 which phased out the Hall income tax. I was proud to be able to co-sponsor the bill, but even more proud when Rep. Billy Spivey offered an amendment on the House floor that changed the bill to require the phase out of the Hall tax to be completed by January 2021. Tennessee joins Alaska as the only states to completely remove their income taxes on citizens.

One other pro-worker and pro-business bill that I co-sponsored was HB 2201, the “Right to Earn a Living Act.” It was signed into law by the Governor and states that all entry regulations by an agency with respect to businesses, professions, and occupations shall be limited to those demonstrably necessary and carefully tailored to fulfill legitimate public health, safety, or welfare objectives. In other words, agencies will have to demonstrate the necessity of regulations that may hinder entry into work.

One final bill I would like to highlight is HB 2512 by Rep. Andy Holt and Sen. Mark Green. The bill passed both houses and is awaiting the Governor’s signature. I’m a bit surprised that I was the only other co-sponsor of this piece of legislation. It takes on abuses of the unemployment system and is estimated to save the state’s unemployment trust fund over half a million dollars over the next 10 years. In turn, this legislation will help small businesses to save money on their unemployment insurance.

Over the next few weeks, I hope to have updates summarizing healthcare, transportation, the budget, 2nd Amendment, and other issues. I hope you find these updates useful. I believe that knowledge is power, and power is with the people.

With liberty,

Dr. Bryan Terry

Follow Dr. Terry on Facebook and Twitter. Donate Below!

Rep. Bryan Terry’s Capitol Hill Update: Week of February 15

February 21, 2016 By Admin

NASHVILLE, February 21, 2016– Check out Rep. Bryan Terry’s latest updates from Capitol Hill.

Check out my latest weekly updated from the Capitol! Please SHARE to help me keep out community informed!

Posted by Dr. Bryan Terry on Sunday, February 21, 2016

Follow Dr. Terry on Facebook and Twitter.

Rep. Terry Update: Common Core, TN-Ready & School Choice

February 17, 2016 By Bryan Terry

Murfreesboro, Tenn., February 17, 2016 – We are one month into the 2016 session and a lot has occurred. Education issues have been on the minds of many constituents including students, parents, and teachers. From vouchers to repealing Common Core to over-testing of students to transparency, I have spoken with a multitude of constituents with concerns. This past week, I met with Governor Haslam and we spoke for about an hour on various topics, but mostly over education. I wanted to take the time to give my district some insight into the effort that has been put forth in the Tennessee General Assembly.

Perhaps, the most controversial piece of legislation was the Opportunity Scholarship bill which was otherwise known as vouchers. The bill was supported by Governor Haslam who explained to me his view on the issue was that while vouchers may not be the answer to education, they can be a piece of the puzzle to improve our education outcomes. Ultimately, the sponsor of the bill “laid the bill on the table” on Thursday when he said that he didn’t feel comfortable that he had enough votes to pass the bill. In all likelihood, the bill is dead for this session.

For me, the two week experience leading up to and including the day of the vote was nothing like I had ever experienced. I will say that throughout the process, I have been very disappointed in the actions of some, yet very encouraged by the actions of others. These actions intensified during the final two weeks and hit a crescendo on the day of the vote. When the bill was first introduced last year, I began a process of gathering information to have the most informed vote I could have. I feel confident in saying that those on both sides of the issue that understood my efforts know that I did my best to address the concerns sent to me and I gave my best effort for the district, but in the end, I never had to vote on the issue.

The statewide computer system to administer the student assessment, TNReady, crashed on the day initial testing was to take place. Teachers had voiced their frustrations to me prior to the testing and in fact, reiterated their concerns when I met with the REA in late January. I have been 100% on the side of students, parents, and teachers with their concerns about TNReady and the online platform. In my discussion with Governor Haslam, I reiterated those concerns. Our students, parents, and teachers need to know that their concerns are being delivered to the Capitol. Not only have I been delivering the message verbally, I have filed, as well as co-sponsored, legislation to hopefully address or, at least, voice the concerns.

Last year, the hottest education topic revolved around Common Core. Essentially, three bills were filed in 2015. When I speak of my principles, process, and passion, part of the process involves determining the most feasible option. When one identifies the best option, one must work to improve that option to best meet one’s goal. Only HB1035 by Rep. Billy Spivey was a feasible option to address concerns about Common Core. The other two bills never got out of committee. HB 1035 was an imperfect solution, but it was the best and only viable option to enact change.

Knowing that the bill was imperfect, I developed some amendments to the bill. During my work, I found some like-minded allies in Representatives Matthew Hill, Timothy Hill, and Micah Van Huss. We worked as a coalition in conjunction with Rep. Spivey and presented our concerns to Leadership, the Governor and his staff, as well as Commissioner McQueen. Not all of our concerns were met at the time, but we were able to amend the bill to add legislative confirmation of the ten member committee, as well as get language in the bill that rescinds the Common Core standards when the new standards are complete.

Having a voice from the district in the form of legislative confirmation was an absolute that I needed to address. The ten members have been appointed by Governor Haslam, Lt. Gov. Ramsey, and Speaker Harwell. I have had people reviewing the members, as well as the new standards. We are in the process of developing questions for the confirmation hearings.

During our meetings, we discussed addressing the concerns over Islam in our public schools, as many concerns have cropped up in the state. While we were unable to find a solution last year, we continued to work on the issue. Rep. Matthew Hill has filed HB 1905 that focuses on four areas: transparency, local input, no indoctrination, and constitutionality. I am a prime co-sponsor of the bill. Rep. Sheila Butt filed a bill, that focuses on this issue, as well. I have been in contact with her during the process. We are all working together and plan to coordinate our efforts to address these concerns.

Last year, I co-sponsored HB 1089 by Rep. Kevin Dunlap to address transparency in our standardized testing. The bill would have allowed parents and teachers to see what and how our students were being tested. Parents should have the right to know what is being asked of their children, and teachers should have the right to know specifics on their evaluations. The bill ultimately received a 17 million dollar fiscal note due to copyright issues, thus it failed.

Following the 2015 end of year testing, I received several complaints from concerned citizens over what many believe to be biased questioning towards Islam, as well as concerns from teachers over a lack of transparency. I knew that parents and teachers were unable to view the test, so I made an effort to see if I, as a State Representative, could view the test, and I was denied. It is very concerning, that if I am elected to speak on behalf of constituents including teachers, that I am unable to obtain necessary information to best find solutions. I am talking with Rep. Dunlap and Rep. Byrd, and we hope to be able to find a method of addressing this issue.

Knowledge is part of the foundation for the future of our students, and our parents and teachers deserve to be in the best position for the nurturing and growth of students. I will continue to work hard on these issues as representative for District 48.

Follow Dr. Terry on Facebook and Twitter.