July 16, 1998

Dr. James Abernathy, Executive Director

Accountability and Assessment

7^th Floor, Andrew Johnson Tower

710 James Robertson Parkway

Nashville, TN 37243-0382

Dear Dr. Abernathy:

We feel that the present policy of the Tennessee Department of Education as expressed in the Rules, Regulations and Minimum Standards for the Governance of Tennessee Public Schools Chapter 0520-1-3-.03 (11) is inconsistent, unfair, and discriminatory. As presently interpreted, students in Tennessee can be required to take as many as 30 separate examinations before being allowed even to attend public schools which their own taxes are supporting.

We are writing to request that the Tennessee Department of Education reconsider its present policy. We feel that there is no statistical evidence to support the need for such an exception in the general rules regarding this particular class of transfer student and without statistical support the policy must, therefore, be regarded as discriminatory. We would like the opportunity to share with you the results of our research and the research of independent firms whom we have engaged regarding this issue.

If you do have any statistical or empirical basis whatsoever which mandates this exceptional policy, we would very much appreciating your sending us this information.

Dr. Abernathy, we hope that you will take the time to read this section of Rules and Regulations very carefully. From a legal standpoint, it is carelessly written and as it presently stands every school district in the state is violating this rule.

Thank you for your time and attention.

Yours,

Walter J. Clark