Senator Fanning proposes the following amendment (LC-39.HDB0161S):

Amend the bill, as and if amended, SECTION 1, by striking Section 59-8-135 and inserting:

Section 59-8-135. .(A) Beginning with the 2024-2025 School Year, the annual number of ESTF students is limited by the following capacity:

(1) in School Years 2024-2025, 2025-2026, and 2026-2027, the program is limited to five thousand scholarship students; and

(2) in School Year 2027-2028, the program limit for scholarship students will be determined based on the following:

(a) should the program demonstrate that seventy five percent or greater of scholarship students made value added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program is limited to ten thousand scholarship students; and

(b) should the program demonstrate less that seventy five percent of scholarship students made value added growth on summative assessments as identified in Section 59-8-150 in each of the preceding three school years, the program is limited to five thousand scholarship students;

(3)in School Year 2027 2028, the program limit for scholarship students will be determined based on the following:

(a)should the program demonstrate that seventy five percent or greater of scholarship students made value added growth on summative assessments as identified in Section 59 8 150 in each of the preceding three school years, the program limit of scholarship students may be increased by five thousand, not to exceed fifteen thousand scholarship students; and

(b)should the program demonstrate that less than seventy five percent of scholarship students made value added growth on summative assessments as identified in Section 59 8 150 in each of the preceding three school years, the program limit shall remain at the limit established in 2026 2027; and

(4)in school year 2028 2029 and for all subsequent school years, the program is limited to the number of scholarship students established in 2027 2028.

(B)In 2029, and every five years thereafter, the department shall conduct an eligibility and use review of the program and shall make recommendations to the General Assembly to improve the program.