Chalkbeat

Indiana school funding bill would give money to families to create ‘a la carte’ education

2024-01-18T23:19:24+00:00

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Update: The Indiana legislative session ended on March 8, 2024. Here are the education bills that did and didn’t pass.

A school funding bill heard in Indiana’s legislature Thursday proposes to radically reshape the state’s education system by allowing families to use state money to pay for a wide range of services and effectively customize their children’s education.

The bill, Senate Bill 255, is on hold until next year, when lawmakers take up issues tied to the state budget. But its backers say it’s the start of a conversation about expanding school choice in the state, far beyond the scope of existing voucher programs.

For now, few details are available about how the program would work. But depending on how it takes shape and how many students participate, it could have a major impact on K-12 schools, graduation requirements and postgraduate paths, and give Indiana one of the most relaxed school choice policies in the country. And it would add to the financial pressures on public school systems that already stand to lose funding to voucher programs, while they try to improve low reading scores and college-going rates.

Lawmakers have already made nearly all Indiana children eligible for private school vouchers, on the premise that parents should be empowered to determine how educational dollars are spent.

But critics say these voucher programs aren’t reaching the students they were originally intended to help — those from low-income backgrounds who are attending failing schools.

Families could choose programs a la carte

Indiana’s existing voucher programs allow students to use state funding for private school, or for special education services outside of public school. A new program also allocates funding for career training.

Under the new proposal, those programs would be combined into a new program, with relaxed requirements that allow families to use state funding to purchase classes and services a la carte from schools, tutors, and other approved organizations.

So a student could take a chemistry class at a public school, a math class at a private school, and music lessons with a professional musician, said Indiana State Treasurer Daniel Elliott, who spoke in support of the bill at the Senate Appropriations Committee Thursday.

Lawmakers at Thursday’s hearing listened to concerns about the bill from a wide array of groups, including the Indiana School Boards Association, the Indiana Association of School Principals, the Indiana Catholic Conference, and home-schooling advocates.

The bill’s fiscal note estimates that state expenditures would increase by $46 million just for the cost of migrating students from the existing voucher programs to the new funding pool.

Author Sen. Ryan Mishler, a Republican from Mishawaka, said he wanted to begin the conversation about the proposal this year and expects it to continue through the summer.

Mishler notably voiced opposition to last year’s expansion of the school voucher program, citing concerns about a lack of accountability at private schools. In introducing the bill, he said he hoped to offer even more flexibility to Indiana parents.

Elliott agreed.

“If we really want to make a difference, we need to give parents more than two choices,” said Elliott. “We need to give them the option to create their child’s unique educational pathway.”

How the money would move

The grant program in Senate Bill 255 would function like an expanded version of the existing Education Scholarship Account program, which allows families of students with disabilities to use funds on services outside their schools. It would replace the education scholarships, the state voucher program, and the new Career Scholarship Accounts established last year.

Under the bill, students enrolled in a public school could receive 50% of the foundation grant amount — around $3,000 in 2023 — to spend on services outside of their school’s jurisdiction, likely making an impact on their school’s funding. Students enrolled in private school would receive 90% of the foundation grant amount.

They could use the funds to pay for expenses like tuition and fees at a private school, services for a disability, extracurricular activities provided by a school, apprenticeships, and transportation.

While home-schooled students were included in the bill draft, Mishler and Elliott said they would change the bill to exclude them from the funding and the accompanying requirements of state oversight.

Lawmakers raised questions about the additional cost, as well as the increased workload for the treasurer’s office, which would administer the combined program.

Schools may need to price their classes at a credit hour rate, according to Elliott. And parents would be responsible for transporting their children to different schools and classes.

Sen. Shelli Yoder, a Bloomington Democrat, said the transportation issue raised concerns about equity, as parents who can’t drive their children to different schools likely wouldn’t be able to benefit from the program.

Elliott said that it’s likely very few families would take advantage of the program.

Currently around 90,000 students attend private schools in Indiana, compared with over 1 million students who attend public schools. Recent data shows that voucher use grew by 30% over last year, compared with a 5% increase in private school enrollment, suggesting that most of the beneficiaries of vouchers are families whose children are already in private schools.

For the career scholarship accounts, just over 200 students received vouchers in the first year. The program, which offers students state funding to take career training courses outside their schools, is a centerpiece of GOP lawmakers’ plans to “reinvent high school” in 2023.

Senate Bill 255 is not expected to be heard again in the 2024 session.

Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.

Tennessee universal school voucher bill clears two more legislative hurdles after contentious debate

2024-03-07T03:30:14+00:00

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Gov. Bill Lee’s proposal to create a statewide school voucher program easily cleared its first Senate hurdle Wednesday, but took a split vote and five-plus hours of often contentious debate to pass out of a House committee.

The legislation — the most ambitious and controversial education plan of Lee’s five-plus years in office — passed 7-1 out of the Senate Education Committee, with the panel’s lone Democrat casting the dissenting vote.

In the House Education Administration Committee, the measure advanced 12-7, including four Republicans voting against it in the GOP-controlled legislature. Passage came even as Maryville City Schools Director Mike Winstead, a 2018 finalist for National Superintendent of the Year, called vouchers “a bitter pill, maybe some would say a poison pill” that he believes will destabilize K-12 education across Tennessee in the long run.

“You can coat that with a lot of good things and make it go down a little easier,” Winstead testified before the panel. “But in the end, we’re being asked to ingest a poison pill.”

Meanwhile, supporters pounded on the theme of parental choice.

“This is about parents finding the best learning environment for their students,” said Education Commissioner Lizzette Reynolds.

Lee’s Education Freedom Scholarship Act must clear more committees in each chamber before it can be voted on by the full House and Senate. The House bill now heads to that chamber’s government operations committee, while the Senate bill will be heard next by its finance panel.

Both proposals would start a new voucher program this fall with up to 20,000 students who could use taxpayer funding to attend private schools. Lee wants the program opened up eventually for any K-12 student, regardless of their family income.

The pieces of legislation remain vastly different, however, both in cost and scope.

The Senate bill, starting this year at $95 million and jumping to $333 million in the program’s second year, requires voucher recipients to take some type of tests that can be used to compare and rank students, but not the same rigorous standards-based tests that public school students have to take under the Tennessee Comprehensive Assessment Program, known as TCAP. The legislation also would allow public school students to enroll in any district, even if they’re not zoned for it, provided there’s enough space and teaching staff.

The House version, starting at $398 million and growing to $425 million in the program’s second year, has no testing requirement for voucher recipients. It includes a long list of enticements aimed at public school supporters, including reducing testing time for students, increasing the state’s contribution toward health insurance costs for teachers, requiring fewer evaluations for high-performing teachers, and giving districts an extra $75 per student — or about $73 million in all in the first year — to help with building costs.

Rep. Chris Hurt, a Halls Republican who voted against the bill, expressed concern that the public school measures could get “stripped out” of the final legislation if Senate and House negotiators head to a conference committee to work out their differences.

And Rep. Charlie Baum, a Murfreesboro Republican who sits on the House Finance Committee, worried about the proposal’s high cost. He noted that Tennessee’s government faces a $400 million shortfall in its current budget.

Rep. Charlie Baum, a Murfreesboro Republican, flagged the high cost of the House voucher bill during a committee meeting but eventually voted for the measure.

“I understand that we’re adding the additional sections to make the bill more enticing, maybe to sweeten the pot,” said Baum, who later voted for the measure. “But it seems like in order to pass a $140 million freedom accounts [voucher] bill, we’re spending an additional $350 million” for public schools.

Baum asked sponsors to consider separate bills to vote on the private school voucher and public school provisions based on their costs and merits. But Rep. Scott Cepicky, a Maury County Republican who is carrying the bill for House Majority Leader William Lamberth, declined.

The voucher proposal, Cepicky said, was the right “vehicle” to address long-standing challenges for public educators.

Rep. Antonio Parkinson balked at that statement though. The Memphis Democrat said lawmakers have the power any time to create legislation to address matters related to public education.

“For some reason, we’ve chosen to create a lemon,” said Parkinson, seizing on the same automotive analogy. “And that vehicle now has all of these great options that are in it, but is tied to four flat tires.”

The House debate waded into the potential for voucher money going to undocumented students or to private schools teaching atheist, Satanic, or Muslim curriculum.

Questions also were raised about whether federally required services for students with special needs would lead to new federal regulations on private schools that accept vouchers. There was little discussion, however, about whether voucher recipients with special needs would receive adequate services from private schools.

Chairman Mark White, a Republican from Memphis, also received complaints from several people who weren’t allowed to testify.

While two people each spoke for and against vouchers, pro-voucher voices included Robby Starbuck, a video director and conservative political activist, and Walter Blanks Jr., a spokesperson for the American Federation for Children advocacy group. White declined to hear testimony from voucher opponents Eric Welch, an elected school board member from Williamson County, and Matt Steinhauer, a Franklin pastor and parent.

In the other chamber, Sen. Raumesh Akbari, a Democrat from Memphis, questioned why the Senate bill doesn’t require voucher schools to be held to the same accountability standards as public schools, including TCAP tests, Tennessee’s third grade retention law, and the state’s new A-F designations for schools.

“If the majority of students in that [private] school who are taking these public dollars are performing poorly, will the school face any action based on what’s written in this legislation, where they can no longer accept students who have these vouchers?” Akbari asked.

Senate Education Committee Chairman Jon Lundberg, who drafted the Senate’s version, responded no.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Bureau Chief Tonyaa Weathersbee contributed to this report.

Tennessee GOP leaders optimistic about universal school voucher prospects after first week of debate

2024-03-01T21:40:10+00:00

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Republican leaders sounded optimistic about the prospect of passing some kind of expanded school voucher program, even as they stared at three markedly different proposals during the first week of public debate in Tennessee’s legislature.

All three pieces of legislation — one from Gov. Bill Lee, one from the Senate, and one from the House — have two things in common.

First, they aim to start a statewide voucher program with 20,000 students and eventually allow any K-12 student to use taxpayer funding to attend a private school.

Second, they’re expensive: Lee’s proposal would cost an estimated $144 million in its first year, while the projected price tag for the Senate’s version is $333 million and the House’s is $425 million, according to the first reports by the legislature’s financial analysts.

Beyond that, there are big differences in scope and approach.

The governor’s seven-page plan, called the Education Freedom Scholarship Act, does not require participating students to take annual tests to measure whether the plan leads to better academic outcomes.

The Senate’s 17-page version, from Majority Leader Jack Johnson, requires voucher recipients to take some type of tests, approved by the state Board of Education, that can be used to compare and rank students. It also would allow public school students to enroll in any district, even if they’re not zoned for it, provided there’s enough space and teaching staff.

The House’s 39-page proposal, filed Monday by Majority Leader William Lamberth, has no testing requirement for voucher recipients. The omnibus-style package also includes a slew of enticements for supporters of public schools, such as reducing testing time for their students, increasing the state’s contribution toward health insurance costs for teachers, requiring fewer evaluations for high-performing teachers, and giving districts an extra $75 per student — or about $73 million in all in the first year — to help with building costs.

Even with numerous legislative hurdles to clear before pivotal votes could happen on the House and Senate floors, the leaders of both chambers talked Thursday about the possibility of letting negotiators resolve their differences in a conference committee.

“Most of the time, the conference committee can work things out,” Lt. Gov. Randy McNally told reporters Thursday after the legislature had finished its business for the week.

“I don’t think either side is just locked in stone,” Lamberth added later.

Meanwhile, the governor told reporters he wasn’t worried that the Senate and House were starting out with very different approaches. He characterized his own proposal as simply a “framework” to get the discussion rolling.

“The encouraging part for me is there is an agreement that everyone wants to get school choice done,” Lee said. “The core tenets are the same. That’s how the legislative process works.”

House Republican leaders angered some within their own party by bringing their measure up for its first vote on the day after filing the massive package.

“This bill was dropped in our lap last night at 5 o’clock,” Rep. Todd Warner, a Chapel Hill Republican, said Tuesday as the measure was debated in the K-12 subcommittee. " We have not had the proper time to vet this bill, to go through it. There are lots of unanswered questions.”

But after two-plus hours of discussion, with representatives from the governor’s office in the room and a designee from House Speaker Cameron Sexton’s office available to break a tie vote, if necessary, the bill cleared its first legislative hurdle 6-2. Warner and Rep. Sam McKenzie of Knoxville voted no, and two other members did not vote. Rep. Kirk Haston, a Republican and public school official from Perry County who chairs the subcommittee, voted yes.

Lamberth, the majority leader from Portland who is sponsoring the House bill, said members were given ample time to review and discuss the bill.

“We will also have at least six or seven weeks before it will be on the House floor,” he said. “Nobody’s rushing any of this.”.

The next votes are expected on March 6 in the House and Senate education committees. If the measures clear those panels, they would head to the chambers’ finance committees and face a tougher audience because of their cost, especially in future years as the program grows.

Tennessee already has a nearly $378 million budget shortfall through the first six months of the current fiscal year, and Lee’s proposed budget would slash corporate business property taxes by hundreds of millions of dollars.

The state’s largest teacher organization also charged that the House bill aims to use money allocated for teacher raises to pay for other parts of the bill.

“The harm this voucher proposal would cause every district in the state cannot be offset by the other components included in the legislation,” Tanya T. Coats, president of the Tennessee Education Association, said in a statement on Friday.

Another financial concern is that the program would increasingly take on the cost of educating students who would have gone to private schools anyway.

Education Commissioner Lizzette Reynolds, while answering questions this week before the House panel, said more than half of the students enrolled in Tennessee’s current voucher pilot program in Davidson, Hamilton, and Shelby counties had never previously attended public schools. That’s because they enrolled as kindergartners, moved in from out of state, or took advantage of a revision in the 2019 law that opened up applications to families who might have been eligible while Lee’s Education Savings Account program was being challenged in court.

You can track the legislation and view a summary of differences in various proposals in an analysis by The Education Trust of Tennessee.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Massive House proposal is third universal school voucher bill before Tennessee lawmakers

2024-02-27T03:18:19+00:00

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Three school voucher proposals now before Tennessee lawmakers would create a new statewide program that eventually could open eligibility to all K-12 students, regardless of family income.

But the similarities end there.

The latest version, filed Monday by House Majority Leader William Lamberth, of Portland, has no testing requirements for students who accept public funding to attend private schools. Gov. Bill Lee’s version doesn’t either, but Senate leaders say that approach is a non-starter.

The House plan also would make it easier for middle-class families to access the program during its first year than under the two versions filed last week.

Proposals by the governor and the Senate would reserve the first 10,000 slots for families who are at or below 300% of the federal poverty level. But the House version would bump that to 400% of the poverty level, which equates to $124,800 for a family of four — a departure from Lee’s 2019 Education Savings Account law aimed at low-income families who attend low-performing schools in three urban areas.

The biggest difference, however, is in the House’s sweeping attempt to address a plethora of long-standing concerns by public school officials in a bill purportedly about school choice.

From complaints about overtesting of students to the cost of health care insurance for public school teachers, the 39-page proposal devotes far more pages to existing public school policies than new ones for vouchers.

Last week, House Speaker Cameron Sexton called the upcoming omnibus-style bill an “all-encompassing approach” that’s based on feedback from public school leaders during recent months.

“It’s not just about choice; it is about K-12 education,” Sexton said.

But Democratic leaders vowed that no members of their outnumbered party will support any of the voucher proposals, even if some include policies that they’ve fought for in the past for public schools.

“They’re trying to buy votes,” said Democratic Caucus Chair John Ray Clemmons, of Nashville. “They’re just throwing in everything they can to try to get enough votes to pass this voucher scam.”

Meanwhile, Lt. Gov. Randy McNally, who leads the Senate, said he’d “probably rather stick with the issues at hand” instead of expanding the bill’s scope beyond vouchers.

The legislation could be taken up Tuesday by a House subcommittee and Wednesday in the Senate Education Committee. But GOP leaders say it will be weeks before any votes are held.

Non-voucher proposals for public schools under the House bill include:

Reducing testing time and possibly pivoting from the Tennessee Comprehensive Assessment Program to a different “statewide standardized assessment.”
Increasing the state’s coverage of the cost of medical insurance for teachers and staff from 45% to 60%.
Phasing out the Achievement School District, the state’s turnaround district for low-performing schools, on July 1, 2026.
Adding several pathways beyond those outlined in a 2021 literacy law for fourth graders to get promoted if they don’t score proficient on this year’s TCAP in English language arts.
Reducing the number of required evaluations for higher-performing teachers.
Extending to eight years the validity of practitioner and professional teacher licenses.
Allowing high school students to take career readiness assessments instead of retaking the ACT exam.
Increasing the funding weight for small school systems from 5% to 8% under the state’s new K-12 funding structure known as the Tennessee Investment in Student Achievement Act.
Reducing the frequency of student screenings through the state’s learning intervention program known as RTI.

Much of the disagreement over universal vouchers centers on the voucher program’s cost and how much private schools should be held accountable for results if they accept taxpayer money.

All three pieces of legislation would offer 20,000 vouchers this fall. But the House legislation stipulates that the program would increase by 20% annually if funding is available, while Lee wants to open it up to any student in the second year.

The governor proposes to give each recipient $7,075 this fall, which would cover about 62% of the average $11,344 cost of attending a private school in Tennessee, according to Private School Review.

Legislative staff released an initial financial analysis Monday showing the governor’s program would cost $144 million next fiscal year, which Lee has included in his proposed budget; $346 million the following year for an estimated 47,000 participants; and then exceeding that amount in subsequent years when “the liability to the state could significantly grow.”

Fiscal agents said over 1.12 million students would eventually be eligible to participate, including 155,650 students currently attending nonpublic schools.

“Due to the universal nature of the program, it is assumed that students already attending private school will seek the additional funding through the EFS Program,” the analysts wrote.

The analysts also noted that none of the legislative proposals include a plan to help offset an anticipated decrease in local revenue for public schools as students pivot to private schools.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Whether to test private school students is key difference in dueling voucher proposals in Tennessee

2024-02-21T23:41:17+00:00

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Gov. Bill Lee and Senate leaders unveiled dueling proposals Wednesday to bring universal school vouchers to Tennessee. House leaders are expected to release a third version later this week.

Testing accountability stands out as a key difference in multiple amendments filed as part of a Republican campaign to eventually give all Tennessee families the option to use public money to pay for private schools for their children. The Senate plan also calls for open enrollment across public school systems.

Lee’s seven-page plan does not require participating students to take annual tests to measure whether his Education Freedom Scholarship Act leads to better academic outcomes. The governor has said that parental choice provides ultimate accountability.

The Senate’s 17-page proposal requires recipients in grades three-11 to take some type of norm-referenced tests approved by the state Board of Education, which could include state tests that public school students take under the Tennessee Comprehensive Assessment Program, or TCAP.

Assessments must include a third-grade test in English language arts and an eighth-grade test in math; the grades are considered benchmark years for learning those skills. Eleventh-grade recipients would also have to take the ACT, SAT, or a similar exam to assess their readiness for continuing their education after high school.

“The testing component is critical,” Senate Education Committee Chairman Jon Lundberg told Chalkbeat. “We have a responsibility to share with Tennesseans how this is working.”

The developments show divisions at the state Capitol, despite a GOP supermajority, about key details of the biggest education proposal of Lee’s tenure, even before legislative debate begins in public. Lundberg’s committee is scheduled to take up the issue next week.

The governor wants to start with up to 20,000 students statewide this fall and eventually open up the program so any K-12 student can use a $7,075 annual voucher, regardless of family income. His earlier Education Savings Account law, which squeaked through the legislature with a historic and controversial House vote in 2019, targeted students from low-income families in low-performing schools in Memphis and Nashville but remains underenrolled, even with the addition of Hamilton County last fall.

Cost is expected to be a major hurdle for Lee’s voucher expansion plan in a state that prides itself on being fiscally conservative.

Tennessee government has a nearly $378 million budget shortfall through the first six months of its current fiscal year, according to a revenue report released last week.

Even so, Lee’s proposed $52.6 billion spending plan for the next fiscal year includes $144 million annually for vouchers and $200 million to grow state parks and natural areas, all while slashing corporate business property taxes by hundreds of millions of dollars.

Over the weekend, Republican Rep. Bryan Richey, of Maryville, told a local town hall that, although he supports statewide vouchers, he expects to vote against this year’s proposal over budget concerns and the lack of accountability provisions.

The Daily Times reported that Richey compared the upcoming legislative process to baking a cake as he urged his constituents to engage early with lawmakers while the proposals are in committees.

“Once the ingredients are in the batter and it’s all mixed up, we’re not going to be able to go in there and pull the egg back out or get the oil out,” he said.

Lee’s proposal did not look markedly different from draft legislation that was inadvertently filed in the Senate in late January due to a miscommunication, then pulled a short time later. Vouchers would be funded through a separate scholarship account, not the funding structure currently in place for public schools.

RELATED: Tennessee’s universal school voucher bill draft drops. Here are 5 things that stand out.

But the Senate version aligns funding with the state’s new public school formula known as Tennessee Investment in Student Achievement, or TISA. And it would allow students to enroll in any school system, even if they’re not zoned for it.

“We want open enrollment so you can transfer anywhere,” Lundberg said. “It’s not just for private schools. The funding follows the student.”

House leaders have been huddling for weeks with key stakeholders to get their feedback for an omnibus-style amendment that’s expected to come out on Thursday.

“I look forward to reading the House proposal, but there are obviously already major discrepancies,” said JC Bowman, executive director of Professional Educators of Tennessee, who has been in some of those meetings.

“I really don’t see how these versions can be reconciled this year,” added Bowman, a voucher critic. “If they’re hell-bent on doing this, they need to at least take the time to get it right.”

But a statement from the governor’s office said the various proposals show “an encouraging amount of engagement in this process.”

“The governor has repeatedly emphasized that the Education Freedom Scholarship Act is a framework, built upon the foundation that parents should have choices when it comes to their child’s education, regardless of income or ZIP code,” the statement said.

The bills are sponsored by Senate and House majority leaders Jack Johnson of Franklin and William Lamberth of Portland. You can track the legislation through the General Assembly’s website.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee Gov. Bill Lee budgets $144 million for statewide school vouchers

2024-02-06T02:39:16+00:00

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Gov. Bill Lee renewed his call for private school vouchers for any student across Tennessee on Monday, and he also set aside $144 million in his proposed state budget to pay for the new program for up to 20,000 students in its first year.

For traditional public schools, the Republican governor asked the legislature to raise the annual base pay for teachers from $42,000 to $44,500, in keeping with his pledge last year to get the profession’s minimum salary to $50,000 by the 2027-28 school year. (Raising the base pay has a domino effect and increases the pay of more experienced teachers, too.)

Lee also wants to invest $200 million to grow state parks and natural areas while simultaneously cutting corporate taxes amid a downturn in state revenues. But he maintained that Tennessee has “a very strong economy” to pay for all the changes.

The governor outlined his list of wants Monday evening during his 2024 address before the General Assembly, which will take up Lee’s voucher proposal and the budget in the months ahead.

He opened his remarks by calling Tennessee a “model for economic prosperity” and reminding lawmakers that state revenues are still 40% higher than three years ago.

However, after years of being flush with cash, the state faces a $610 million budget shortfall this year, and many lawmakers are leery of approving a universal school voucher program that Lee wants to be available to any K-12 student in 2025-26. Currently, Tennessee offers vouchers to about 3,000 low-income families in three urban counties, but his Education Freedom Scholarship Act would open them up to families in all 95 counties, eventually with no family income restrictions.

Gov. Bill Lee

“2024 is the year to make school choice a reality for every Tennessee family,” he said, drawing a standing ovation from many legislators — but not everyone in the GOP-controlled legislature — as well as frequent jeers from some spectators in the gallery.

“There are thousands of parents in this state who know their student would thrive in a different setting, but the financial barrier is simply too high,” Lee continued. “It’s time that we change that. It’s time that parents get to decide — and not the government — where their child goes to school and what they learn.”

Lee, a Williamson County businessman who graduated from public schools in Franklin, near Nashville, touted more than $1.8 billion in new investments in public education since he became governor in 2019.

“We can give parents choice and support public schools at the same time,” he said. “You’ll hear me say that over and over again. These two ideas are not in conflict.”

The governor also released his $52.6 billion state government spending plan to begin July 1. The total was down from Tennessee’s $62.5 billion budget for the current fiscal year because of flattening revenues and expiring federal funds appropriated during the pandemic.

He proposed $8 million to hire 114 more school-based behavioral health specialists amid record reports of students experiencing stress, depression, anxiety, and other mental health challenges exacerbated by the pandemic.

Other recurring funding recommendations include $30 million to pay for summer learning programs; $3.2 million to expand access to advanced placement courses for high school students; and $2.5 million to pay for a universal reading screener as part of the state’s literacy initiative, all to offset federal funding that is drying up.

Lee is asking for $15 million in one time funding to help charter schools with facility costs.

The governor also announced that his administration will bring the legislature a bill designed to help parents oversee their child’s social media activity.

“It will require social media companies to get parental consent for minors to create their own accounts in Tennessee,” Lee said.

Such legislation would widen the state’s push against social media giants.

Last fall, Tennessee joined a coalition of states suing Meta, the parent company of Facebook and Instagram, which is accused of violating consumer protection laws and deceptively marketing its platforms to adolescents to the detriment of their mental health.

And some Tennessee school districts have joined a growing list of school systems nationwide that are suing major social media companies like TikTok and YouTube over a crisis in student mental health.

But in the wake of last year’s shooting at a private Nashville school — where three children, three staff members, and the shooter died — the governor offered no new initiatives aimed at improving school safety or decreasing gun violence, other than funding to hire 60 more state troopers.

Last year, after the March 27 tragedy, the legislature approved $140 million in grants to place an armed law enforcement officer in every Tennessee public school. But the legislature rebuffed the governor’s call for a law to help keep guns out of the hands of people deemed at risk of hurting themselves or others.

Remarks about Lee’s universal voucher plan, announced in November, drew quick responses from the leaders of the state’s two largest teacher organizations.

“The concept of universal vouchers would be costly to the state, and we urge the Tennessee General Assembly to move slowly,” said JC Bowman, executive director of the Professional Educators of Tennessee.

“In particular, we have concerns over the lack of income-eligibility requirements and accountability,” he continued. “Our state must avoid any program viewed as a tax subsidy for existing private school families or a tax bailout for struggling private schools.”

Tanya T. Coats, president of the Tennessee Education Association, said Lee’s plan shows that vouchers have never been about helping economically disadvantaged families, as the governor first characterized it in 2019.

“The goal has always been to privatize public education and use public dollars to fund private school education, which goes against our Tennessee values,” Coats said.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee governor’s universal school voucher details are being heavily debated — but not in public

2024-02-02T22:33:45+00:00

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Tennessee Republicans are using a legislative maneuver to meet behind closed doors while crafting a statewide expansion of private school vouchers, putting into question whether the public will get ample time to review the legislation and weigh in.

To meet this week’s deadline to file legislation, Senate and House majority leaders Jack Johnson and William Lamberth submitted so-called caption bills that gave a brief description of the intentions of the full legislation that they’ll file later through amendments.

On Friday, neither legislative leader, nor the governor’ office, would say when they expect to unveil the full detailed proposal that’s been anticipated since November. That’s when Lee announced he would push to create a universal voucher program to offer public funding to families who choose to send their children to private schools or some home schools, regardless of family income or what county they live in.

The policy would mark a major change in Tennessee’s K-12 education structure, affecting students, parents, taxpayers, schools, districts, and communities across the state. Currently, vouchers are offered in three counties — Davidson, Hamilton, and Shelby — and only to low-income families.

But the lack of details for the proposed program — ranging from whether participating private schools must be state-accredited to whether participating students have to take the same state tests as public school students — worries some public education advocates. They are concerned the administration is focused on drafting language that will line up the most legislative votes, instead of crafting a research-based policy for release in time to fully study and vet the plan in public forums.

“This debate deserves to be held sooner than later and conducted in the light of day — not in back rooms at the Capitol,” said Gini Pupo-Walker, director of The Education Trust in Tennessee.

When the voucher amendment is introduced, public debate can kick off in legislative committees, and lawmakers can hear directly from their constituents about what parts of the proposal they like and don’t like.

But under House rules, for instance, a vote in a subcommittee can happen the day after an amendment is introduced.

Some voucher critics fear the legislative process could get rushed if the specifics are delayed for weeks, especially since the 2024 session was already expected to be shorter than last year’s session that ended on April 21. That’s because it’s an election year, when the seats of all 99 House members and half the Senate are up for grabs. Legislators can’t accept campaign contributions until they adjourn for the year.

It’s uncertain how much the bill will be amended from draft legislation that Johnson’s office said it accidentally filed earlier in the week, then quickly retracted.

RELATED: Tennessee universal school voucher bill draft drops. Here are 5 things that stand out

In a statement Friday, Johnson, the Senate majority leader from Franklin, said “it is important we get it right.”

Senate Majority Leader Jack Johnson speaks at a 2021 news conference at the Tennessee State Capitol. Photo courtesy of State of Tennessee.

“The governor has gone to great lengths to meet with stakeholders and experts to ensure the language is solid, reasonable, and consistent with Tennessee’s outstanding record of fiscal responsibility,” he said. “I look forward to presenting the proposal to my colleagues in the Senate soon.”

But House Democratic Caucus Chairman John Ray Clemmons, whose party opposes vouchers, offered a different explanation.

“They clearly don’t have the votes to pass this voucher scam, and they don’t want to file a bill until they have the votes to get it through the committee process,” said the Nashville lawmaker.

Governor’s proposal generates more questions than answers

Lee has shared his vision in broad terms for his Education Freedom Scholarship Act. The program would start with up to 20,000 students statewide who would get $7,075 next school year for private education services, with eligibility restrictions for half of those. Beginning with the 2025-26 school year, he wants all K-12 students to be eligible, with no eligibility restrictions.

But dozens of unanswered questions remain. Among them:

Will private schools that accept vouchers have to require state licensure for its teachers, in addition to a background screening, to ensure a certain level of professional qualifications and safety?

Will the governor seek to place stipulations on tuition costs and who can use vouchers at participating private schools? (There’s evidence that private schools have exploited similar programs in Arizona and Ohio by raising tuition rates or encouraging students already enrolled in private schools to apply for a government-paid voucher.)

Will the legislation mandate fiscal audits of the program?

Will the program be evaluated to gauge whether it’s leading to better academic outcomes than public schools?

Given the numerous restrictions lawmakers have placed on public school instruction and curriculum in Tennessee over the last decade, will participating private or home schools be allowed to teach anything they want?

Will language be included in the legislation to ensure private schools can’t discriminate against certain applicants, such as students with disabilities, or based on race, religion, or sexual orientation?

Will the legislation attempt to exclude undocumented students from eligibility, as Tennessee’s 2019 education savings account law did?

Caption bills can be helpful, or not

None of those questions are answered in the voucher bills filed on Jan. 31 in the House and Feb. 1 in the Senate.

Broadly written caption bills are an increasingly common tool used by Tennessee lawmakers and lobbyists.

Deborah Fisher, executive director of the Tennessee Coalition for Open Government, said caption bills can be useful — for instance, to address a sudden need such as in the middle of last year’s session, when changes to bolster school safety took on urgency after six people died in a mass school shooting in Nashville.

But caption bills can be abused, by not revealing a bill’s true purpose until it’s too late for the public to notice. They also can become a delaying tactic, allowing legislators to push through legislation in a session’s waning days before constituents can ask questions or opponents can mobilize against it.

In 2019, during Lee’s first year in office, his administration used a caption bill to introduce his education savings account proposal. The amendment that presented the details was filed in mid-March and, in an historic and controversial vote, a further amended version passed the full House less than six weeks later during a season when most school communities are consumed with state testing.

Fisher said there’s adequate time for a full and robust debate on Lee’s newest voucher proposal, “but not if it’s held back too many weeks.”

It takes time for information to filter out to citizens, Fisher added, especially for an issue as contentious and complex as vouchers.

“I think this governor would look better and serve our state better if he showed his hand and let people know the nuts and bolts,” she said.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee’s universal school voucher bill draft drops. Here are 5 things that stand out.

2024-01-30T02:30:50+00:00

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Tennesseans got their first glimpse of Gov. Bill Lee’s plan to create a universal school voucher program that could eventually give all families tax dollars to pay for private school.

Two months after Lee announced his proposal, a draft of the Senate bill was inadvertently filed Monday due to a miscommunication, then removed a short time later from the legislature’s website.

Elizabeth Lane Johnson, the governor’s press secretary, said the draft’s “key pillars” are accurate, but she emphasized the document is a “framework” for ongoing discussions.

Johnson said majority leaders in the Senate and House will file so-called “caption bills” this week to outline the legislation’s intent and to meet filing deadlines. Full legislation, with updated details, will be filed later through amendments.

Here are five things that stand out about the plan, based on a Chalkbeat analysis of the eight-page draft.

No testing accountability

While the governor has repeatedly pledged to build accountability into his proposal, the draft wouldn’t require participating students to take state tests, or other assessments.

There’s no accountability provision — or mention of the word accountability — in the draft. There’s also no reporting requirements to track how students are doing, or evaluate the program.

Public school students are required to take annual TCAP tests in math, English language arts, science, and social studies. Students who participate in Tennessee’s current voucher program — which offers education savings accounts, or ESAs, to students in three counties — have to take state tests every year in math and English language arts.

The ESA program’s first test results, from Memphis and Nashville in the 2022-23 school year, were disappointing. Most of the 452 participating students performed worse than their peers in public schools after the program’s swift rollout earlier that school year, according to data from the state education department.

Lee emphasized accountability through parental choice when promoting his plan during visits last month to private schools in Memphis and Chattanooga.

Asked about the omission of testing requirements in the draft, Lee’s press secretary said the governor looks forward to having those discussions with members of the General Assembly.

No language to prohibit discrimination

The voucher movement has some roots in racist opposition to school desegregation in the mid-20th century, and critics have long charged that private schools pick and choose which students they want when accepting public funding through vouchers.

The draft legislation includes no language to prohibit discrimination based on race, creed, color, national origin, religion, disability, or sexual orientation.

Anti-discrimination language is frequently included in state laws regarding eligibility for education programs.

In fact, Tennessee’s 2019 education savings account law requires participating private schools to certify that they will “not discriminate against participating students or applicants on the basis of race, color, or national origin.”

No guarantees for students with disabilities

Private schools would not be required to provide the same level of services as public schools for students with disabilities, according to the draft.

The language says: “Although an eligible student participating in the program does not retain the right to receive special education and related services through an individualized education program, the student may be eligible under the (federal) Individuals with Disabilities Education Act … to receive equitable services through an individualized service plan.”

Essentially, parents in a private school can request some publicly funded special services, but with no guarantee of exactly what their student would receive.

By contrast, public schools are required to provide students with disabilities with specialized support and services determined collaboratively by school leaders and parents.

“In practice, what this means is that students in private schools have a lesser right to disability-related services than those in public schools, and often receive fewer, more generic accommodations and services,” said Jeff Strand, a spokesperson for the Tennessee Disability Coalition.

More private schools could participate, but not from out of state

While Tennessee’s current ESA program is open to state-approved or accredited private, independent, and parochial schools, the draft opens the door to other school categories that have little to no state oversight.

Those include church-related schools or other private schools that the state merely acknowledges are in operation.

The lack of accreditation from schools in those categories may affect a voucher student who wants to transfer back into a public school in the same grade. Public schools may require testing to determine grade level or number of credits.

The language specifies the school must be located in Tennessee, which would prevent out-of-state virtual schools from participating.

But there’s no mention of an application process for a school to participate, as the education savings account program requires.

Nor is there text to support tiny home-run schools, in which the parent must report to their local school district that their child is being home-schooled. However, church-related home schools, which typically have a minimum of 10 students, appear to qualify.

Funding for the new voucher program isn’t a sure thing

As the governor announced earlier, the program would start with up to 20,000 students statewide who would get $7,075 in taxpayer money next school year to attend a private school, or certain home schools.

Half of those students must be considered economically disadvantaged or currently participating in the ESA program. And beginning in 2025, all K-12 students would be eligible to receive vouchers, regardless of their family income.

If 20,000 students participated, it would cost the state $141.5 million a year, which would increase if the program grows in subsequent years. But the draft says any voucher disbursements would be “subject to appropriations and other available funds.”

Tennessee revenues have flattened since the 2023-24 fiscal year began last July, and financial experts have urged lawmakers to rein in spending.

Meanwhile, state lawmakers are closely watching developments in Arizona, the first state to offer universal school choice. That state is struggling to cover the costs of the universal school voucher program approved last year by its Republican-controlled legislature.

Below, you can read the draft legislation.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee private school voucher law hits new obstacle in court

2024-01-11T21:20:49+00:00

Chalkbeat is a nonprofit news organization covering public education in communities across America. Sign up for our free Tennessee newsletter to keep up with state education policy and the Shelby County public school system.

A legal challenge to Tennessee’s private school voucher law is back on track after a state appeals court ruled that a lower court erred in dismissing the case.

The three-judge Court of Appeals said Wednesday that a trial-level judicial panel acted prematurely in 2022 when it declared that Davidson and Shelby county governments, along with a group of parents, had no legal standing to challenge the 2019 Education Savings Account law, which provides families with taxpayer money to pay toward private school tuition.

The appellate court, in sending the case back to the trial court, also said the case’s remaining legal claims are “ripe for judicial review.”

The unanimous decision breaks a string of legal victories for voucher backers in Tennessee, where Gov. Bill Lee’s administration is proposing an expansive new program that would ultimately make vouchers accessible to all students in all 95 Tennessee counties, without the family income limits that are part of the current program.

Lee, who has campaigned on a pledge to expand alternatives to traditional public schools, has sought to capitalize on parent anger over pandemic-era school closures and disagreements over what kids are taught.

Gov. Bill Lee calls for a statewide education voucher program in Tennessee during a press conference in Nashville on November 28, 2023, as Arkansas Gov. Sarah Huckabee Sanders offers her support.

First-year test scores were disappointing

Meanwhile, Tennessee Education Commissioner Lizzette Reynolds told lawmakers Wednesday that the first state test scores of students using vouchers to attend private schools in Shelby and Davidson counties were lackluster.

“The results aren’t anything to write home about,” Reynolds told the Senate Education Committee. “But at the end of the day, the parents are happy with this new learning environment for their students.”

The first results came out of Davidson and Shelby counties in 2022-23, before the legislature added Hamilton County to the program this school year. According to data from the state education department, most of those 452 students performed worse than their peers in public schools after the program’s swift rollout early that school year.

Reynolds told lawmakers she’s hopeful for better scores this spring from participants in all three counties.

“We are only technically a year and a half into implementation,” she said.

Sen. Raumesh Akbari of Memphis, the panel’s lone Democrat, said the early results from the Education Savings Account pilot program should give state leaders pause about rapidly expanding access to vouchers.

“It says ‘pilot’ because we want to see how it works,” Akbari said during Wednesday’s hearing. “And we only have a year and a half of data, and we’re already talking about expanding the program.”

The expectation, Akbari added, was that students using vouchers would perform as well as or better than students in public schools.

Legal challenge enters its fifth year

The legal dispute over Tennessee’s voucher law began a year after the legislature narrowly approved Lee’s ESA bill in 2019, via a controversial House vote. A Nashville judge soon declared the law unconstitutional because it affected only the state’s two largest cities, Memphis and Nashville, without giving them a say. That judge said that legislative approach violated the state constitution’s “home rule” provision.

But a split Tennessee Supreme Court overturned the decision in 2022, clearing the way for the program to launch that fall. Now with three counties participating, the program remains under-enrolled with 2,134 students, significantly below this year’s 5,000-seat cap, according to the state’s latest count.

The case is now being tried on several remaining legal issues, including a constitutional clause that requires the state to maintain a system of “free public schools,” with no mention of private schools.

However, Metro Nashville and Shelby County governments are no longer involved in the case. They withdrew as plaintiffs last year and declined to comment on their retreat.

Plaintiffs behind a second lawsuit, which was filed in 2020 on behalf of 11 public school parents and community members in Memphis and Nashville, are continuing to fight the law in court.

Called McEwen v. Lee, the complaint was filed by the Education Law Center and the Southern Poverty Law Center, collaborators in a national campaign that opposes vouchers and wants public funds used exclusively to support and strengthen public schools. The plaintiffs are also represented by the American Civil Liberties Union of Tennessee and the Nashville law firm Robbins Geller Rudman & Dowd LLP.

“We are gratified by this Court of Appeals opinion and look forward to pursuing these claims in chancery court,” Chris Wood, a Nashville lawyer helping to litigate the remaining lawsuit, told Chalkbeat on Thursday.

Officials with Nashville’s legal department, which took the lead in litigating the case for Davidson and Shelby counties, said they expected the appellate court’s ruling, but that the favorable opinion does not affect its decision to pull out of the dispute.

A spokesman for the attorney general’s office said the state is reviewing the appellate decision, while a spokesperson for the governor declined to comment on the court case.

“Gov. Lee’s Education Freedom Scholarship Act is an entirely separate legislative proposal, and we look forward to working with the General Assembly to ensure Tennessee parents have choices,” said Elizabeth Johnson, Lee’s press secretary.

You can read the 29-page ruling on the state court website.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Vouchers, school safety, retention: Key education issues to watch as Tennessee lawmakers return

2024-01-08T11:00:00+00:00

Five years after a bruising legislative battle opened the door to private school vouchers in parts of Tennessee, lawmakers are preparing to take up a controversial bill to create a similar program statewide.

Gov. Bill Lee’s universal voucher proposal, which eventually would make all K-12 students eligible to use public funding to attend a private or home school, is expected to dominate debate after the 113th General Assembly reconvenes on Tuesday.

But other issues affecting students and educators are sure to emerge in a state where education reform has been front and center since 2010, when Tennessee won $500 million in the federal Race to the Top competition to jumpstart changes.

And if the last few years are any indication, a few surprises may surface in the months ahead. Politics and tragedy have shaken up the education priorities of several recent sessions, from an 11th-hour Republican drive in 2021 to restrict classroom discussions about racism and bias to last year’s deadly Nashville school shooting that led to new investments in campus safety and dramatic protests over Tennessee’s lax gun laws.

With the GOP supermajority setting the agenda again this year, here’s a look at some big issues to watch as the opening gavel falls.

School vouchers: Lee’s expansion plan renews long-running debate

In November, the governor said he’ll introduce a new Education Freedom Scholarship Act to offer $7,075 in taxpayer money for each of up to 20,000 students statewide next school year to attend a private or home school, with eligibility restrictions for half of them. In 2025, eligibility would open up to all students, regardless of their family’s income.

The proposal would mark a massive expansion of Tennessee’s voucher program, which is now limited to three urban counties and still under-enrolled. But more than a month after Lee’s announcement, few details have been released.

“I have yet to understand where the financing is coming from,” said Sen. Page Walley, a Republican whose district includes eight rural counties in West Tennessee.

“If we jump to statewide vouchers, I don’t see how we fund it without robbing Peter to pay Paul,” he added.

School safety: Renewed discussion, but no gun laws (it’s an election year)

Tennesseans were unnerved when an armed intruder shot and killed three children and three adults at a private Christian school in Nashville on March 27, in the middle of last year’s legislative session. And the growing impact of gun violence on kids across the state is undeniable.

But Republican lawmakers’ response last year was to further harden schools rather than entertain any proposals to restrict gun access — not even for people who are deemed at risk of hurting themselves or others, as the Nashville shooter had been.

“We’ll be back in January,” parents wanting stricter gun laws vowed in August after a special session on public safety yielded little action on guns.

Spectators watch the Tennessee Senate doing business at the State Capitol during a special legislative session on public safety in August 2023. Lawmakers were called back by Gov. Bill Lee after a mass school shooting in Nashville in March.

Some of them have organized news conferences and rallies at the Capitol this week for students, educators, and others to voice their concerns. Meanwhile, a group of parents from The Covenant School in Nashville, where the tragedy took place, say they’ll continue to advocate for changes to “ensure responsible firearm ownership, safe schools, and accessible adequate mental health care for all individuals across Tennessee.”

GOP leaders anticipate the legislature will revisit many of the proposals left on the table.

They include several measures to let certain citizens or school employees carry handguns in schools, and a bill to require all public and private schools to create alarm policies that differentiate emergencies for fire, weather, or an active shooter.

A new bill, from Republican Sen. Mark Pody of Lebanon and Rep. Susan Lynn of Mount Juliet, would let schools purchase lanyards equipped with emergency alert buttons for school staff to wear around their necks.

But don’t expect the legislature to look seriously at bills to restrict gun access in an election year, according to several key Republicans.

“I do not believe there’s an appetite or pathway to success for any legislation that might be introduced that is going to infringe on constitutional rights of law-abiding citizens,” said Senate Majority Leader Jack Johnson, of Franklin.

With the latest State of the Child report ranking Tennessee near the bottom nationally for access to mental health resources, Johnson sees more room for discussion on that topic.

“I think a big conversation in the coming session will be how we strengthen our mental health safety net,” Johnson said, “as well as general access to mental health treatment in Tennessee.”

Third-grade reading law: Lawmakers may revisit retention provision — again

Last year, the legislature widened the criteria, beginning this school year, for determining which third graders are at risk of being held back if they aren’t deemed proficient readers under a 2021 law targeting pandemic learning lag.

Now under the same law, the state may have to retain thousands of fourth graders who test poorly this spring.

“I think we have to look into it,” said Rep. Mark White of Memphis, who chairs a House education committee. “We’ve probably got a lot of fourth graders who have already done summer school and tutoring but still won’t pass that test. It’s never a bad thing to have off-ramps and waivers.”

He added: “I want us to continue looking closer at kindergarten, first, and second grades so we’re not waiting until the third and fourth grades to address these challenges.”

But Sen. Jon Lundberg, who chairs his chamber’s education panel, is less inclined to make more changes in the 2021 law.

“We’ve set the standard for proficiency and for showing adequate growth, and I don’t want to move those,” he said.

Federal education funding: Talk about rejecting it looks like just talk, for now

House Speaker Cameron Sexton surprised many in his own party last year when he floated the idea of Tennessee rejecting more than a billion dollars in federal funding for students, which he said could be offset with state tax revenues.

In November, a task force appointed by Sexton and Lt. Gov. Randy McNally held hearings to explore the possibility. But Lundberg, the panel’s co-chairman, told Chalkbeat afterward that he didn’t expect the state to reject federal funds, even if it can find a way.

Legislative leaders polled by Chalkbeat last week said they haven’t heard of any legislation coming out of the hearings.

“It doesn’t hurt to know where our funding is coming from and how it’s being spent,” said White, the House’s education leader, said of the task force’s discussions, “but I don’t see that conversation going anywhere in the short term.”

Teacher shortages: Vacancies could lead to creative thinking

With Sexton declaring that Tennessee has enough state revenues to cover more than $1 billion in federal funding, plenty of public school advocates asked why the state wouldn’t use that excess instead to accelerate the governor’s plan to raise the minimum salary for teachers to $50,000 by 2027. (This year, the base is $42,000.)

Districts struggled to fill nearly 4,000 vacancies statewide last school year, especially in the middle grades, English as a second language, world languages, and special education, according to one report. And shortages of school bus drivers are a nationwide problem.

Lee told reporters that, while state revenues have flattened in recent months, Tennessee’s economy remains strong.

Gov. Bill Lee speaks with reporters on Thursday after a tour of a Nashville ministry. “We should probably look at our investments in public school funding and investments in teacher pay every year,” he said when asked about the prospect of accelerating pay increases.

“We should probably look at our investments in public school funding and investments in teacher pay every year,” he said when asked about the prospect of accelerating pay increases.

But with the teaching profession facing a post-pandemic crisis in Tennessee and nationally, the legislature could also pursue other avenues to elevate the profession.

Currently, the state covers less than half of health insurance premiums for its teachers, while state employees get 100% of their premiums covered. Moving teachers to the state employee plan could be a boost to both teachers and the local districts that employ them.

Professional Educators of Tennessee has also called on the legislature to develop policies to address child care access and affordability for teachers, more than 80% of whom are female.

“If you want to keep good teachers,” said Executive Director JC Bowman, “ease their burdens so they can focus on their work in school to educate and nurture our future generation.”

To follow this year’s legislative business, visit the General Assembly’s website for calendars, committees, legislation, and livestreams.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Q&A: Public school leaders sound the alarm about vouchers, Lee’s education agenda

2024-01-04T23:39:40+00:00

Sign up for Chalkbeat Tennessee’s free daily newsletter to keep up with Memphis-Shelby County Schools and statewide education policy.

Tennessee state officials finally released their long-delayed letter grades for schools last month, just before the holiday break, using a new formula championed by Gov. Bill Lee’s administration.

But even before they knew their grades, leaders of a high-performing suburban Memphis school district denounced the system as a sham.

“This is all an attempt to paint Tennessee public schools as failing, thus ushering in a new era of vouchers for all,” a statement from Arlington Community Schools said. It was signed by Superintendent Jeff Mayo and school board members, including Dale Viox, president of the Tennessee School Boards Association.

Meanwhile, other suburban Memphis school districts have begun lining up against private-school voucher expansion, too, another key part of Lee’s education agenda. Lee’s voucher program uses taxpayer money to help families fund private school tuition, and the proposed expansion is expected to be a top legislative priority when the General Assembly returns on Jan. 9.

Lee’s proposal would remove income limits and ultimately extend the program statewide. It would be a huge leap forward for a program that was once billed as a pilot project and barely survived challenges in the legislature and the courts.

Viox said the TSBA is already instructing its members to pass formal board resolutions opposing vouchers. And it’s urging school boards to promote the strengths of their public schools and appeal directly to lawmakers.

“I think you’re going to find more and more people want to speak out about it,” Viox told Chalkbeat, “because there’s a lot of people in this area that I know personally and across the state that care a great deal about public education and doing right by students.”

Mayo and Viox talked with Chalkbeat about their opposition to the voucher program, and why they believe Tennessee’s new letter grade system is part of an attack on public schools.

This interview was conducted on Dec. 11 before school letter grades were released on Dec. 21. It has been edited for length and clarity.

What is it about the A-F letter grades and proposed voucher legislation that warrants the kind of statement you made?

Mayo: The best way that I’ve been able to describe the A-to-F grading system is it’s sort of the appetizer to what’s to come with the voucher system. And I think … if the state or the governor, or (the Tennessee Department of Education) — whomever is pushing for this — can paint the picture that school districts that are successful, high-performing, such as ours, are failing, then that sets the tone for support of the voucher expansion program, which, you know, ultimately, takes money away from public education. …

Jeff Mayo, superintendent of Arlington Community Schools, criticized Gov. Bill Lee for his proposal to expand a private-school education voucher program without plans to hold private schools to the same evaluation metrics as public schools.

We are held accountable for every penny that we receive from the state. … Every dime of it we have to say, ‘How is that contributing to students’ growth, or students’ achievement,’ whereas in a private school, that’s not the case. … They’re not held under the same state accountability that we are. There is no teacher evaluation accountability model that I’m aware of. …

And so to say that it’s going to even the playing field is inaccurate. And that’s the whole reason we’re calling this whole thing a sham. … I believe expansion of this has been part of the roadmap since day one.

Viox: It’s a bad idea to take taxpayer money and give it to private entities. … We know that across the nation … voucher programs are just rife with misuse. … And then if you want to talk about inclusivity and diversity: A private school can refuse you for any reason whatsoever. … So as many kids as you may think that you’re going to be able to include, you’re going to exclude twice as many under this program, because private schools are not going to take them, either for their religious beliefs or sexual orientation or whatever. …

You ask why it’s such a strong statement. Because we’re in a strong position. We have high-performance students, we have a very high-performance district, and this is probably not going to trickle down to us for a long time. But what it does do is it affects our educational partners in Shelby County. And if you think you can just forget about public education in Shelby County, and just focus on Arlington, Tennessee, you’re wrong. Because failing Shelby County schools will impact every one of these districts, and everyone in the state. … Across the state of Tennessee, we need to build up public education to what it can be, and not take money away and give it to private companies.

What do you hope the statement accomplishes?

Mayo: It’s debacle after debacle that we’re dealing with, with no guidance, no real assistance from TDOE when these new mandates are handed down. … My staff has to stop, they have to decide: ‘How are we going to do this? What are we going to do to help our students get on the other side of this?’ …

We keep piling on more ineffective accountability measures to pulverize public schools.
Jeff Mayo, superintendent of Arlington Community Schools

Even if we get an A, that doesn’t change my stance on this. It’s still, it’s a broken process. And instead of scratching that and rebuilding it, we keep piling on more ineffective accountability measures to pulverize public schools. That’s why this statement from my vantage point needed to be as strong as it is. … TDOE asks for input, but we never see our input in the end product of any of these new laws or mandates … . And so it’s exhausting.

Viox: At this point, it is difficult to ignore what the state is doing to attack public education. … And like he said, they’re tired. And as an advocate for public education, I am as well.

Is there any set of accountability metrics that would move you more in favor of voucher expansion?

Viox: Not me. … These guys can go out and raise money for anything they want in any way they want. And public schools can’t do that. … (TSBA is) going to the state to try and say, ‘Hey, look, at least let our PTAs and people do lotteries, because … we can’t do that now.’ But private schools can raise money however they want. ... And what we see with other voucher expansions throughout the U.S. is the private schools are turning around … and raising their tuition for those public school kids by that same voucher amount. So essentially, they’re double dipping.

Mayo: I think it’s a long range plan to continue to siphon money from public schools. … It’s not uncommon for the … TDOE to deliver down mandates that are unfunded, that districts are expected to scramble around and find the money to, you know, make it happen. So if you’re looking at, you know, already being very low-funded when you compare to the nation, what our state funds for education, and then this continuation of vouchers siphoning money away from that, you know, that’s the whole mantra behind this being a sham.

Viox: If you’re this … bent on getting a voucher program, fund it separately. We would have no problem with that. And I think if you look at across the nation, people that have expanded their voucher programs, it’s come with a really hefty price tag.

Dale Viox, the president of the Tennessee School Boards Association, said the organization is encouraging its members to push back against the governor's proposal to expand eligibility of private-school education vouchers.

Can you talk to me more about what specifically that (separate funding) would look like? … If Arlington loses any students, you are losing funding by a declining enrollment.

Viox: If you come to any of our schools and can’t find something you’re interested in, in the various clubs, and school sponsored sports, and all of the things that we offer — just hundreds and hundreds of activities for students. I feel like we would not necessarily lose students to … private schools. … As long as the funding is there and completely separate, that’s honestly not a concern for me. Now, that’s not to say it won’t be a concern for other school districts that are struggling. … There’s always going to be private schools. Any specific government money to help them expand, I wouldn’t be in favor for. …

When you look at all these other states, I don’t know what their oversight is, but I think Arizona in their first year before they expanded their voucher program, on the surface found almost a million dollars, it was over $700,000 in misappropriated funds. … And never forget, that if they give him a year’s worth of public funding, and they live within your district, and they go to that private school, and either don’t make it or don’t actually use it for those (school) funds, they come back to us, and we are going to educate those kids.

If the voucher expansion were to pass as it’s been proposed ... what challenges could you immediately see for Arlington’s district?

Mayo: It will not be immediately impactful to us. But as I stated earlier, I believe the expansion is to continue. I think that is the long-range plan. So eventually, we could be faced with losing students, which impacts funding, which impacts teacher layoffs, it impacts the diminishing of programs that we’ve invested a lot of money in through our capital improvement projects. …

I’m a long-range planner. And I think those are things that you have to look at.

Viox: I’m also a higher level view guy: If it affects Metro Nashville, and it affects Shelby County, then it will affect us. The greatest impact is going to be on them. They are our brothers and sisters in public education, and we cannot just completely discount how it’s going to affect them. Because as it affects Shelby County, it will trickle out into the municipalities as businesses leave.

Private schools are turning around … and raising their tuition for those public school kids by that same voucher amount. So essentially, they’re double dipping.
Dale Viox, Tennessee School Boards Association leader

Mayo: The A-to-F distinction that I don’t think we’ve really talked a lot about is the impact it has just on our local community. Because let’s face it, Arlington is growing because of our schools. Businesses are coming here. Parents are moving here, you know. And then if all they have to go by is they pull up our website … and they see that Arlington, well, looks like a really good community and everything, but their school district has an F. That’s the only piece of information that parents have, if they’re not familiar with what’s been going on in the state of Tennessee.

Is there anything this conversation is missing?

Mayo: It really takes creativity away sometimes from the school district, because I know we’re in the process of developing our 2025-26 school year calendar. …One of the people in the group said, ‘You know, have we ever thought about a year round school?’ ... If we wanted to do that, how could we ever do that, if we’re having to offer learning camps and all of that as a product of third grade retention? … If we wanted to be innovative and wanted to be creative and experiment with that, how could we do that? We couldn’t.

Correction: Jan. 4, 2024: A previous version of this story said Dale Viox is the president-elect of the Tennessee School Boards Association. Viox is the president of the association.

Laura Testino covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Laura at LTestino@chalkbeat.org.

Gov. Bill Lee short on details as he rallies for universal school vouchers in Tennessee

2023-12-14T01:51:50+00:00

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Gov. Bill Lee hit the road Wednesday to begin selling his universal school voucher proposal, but offered no new details about how much the program would cost over time, specific ways to hold private schools accountable when receiving taxpayer money, or what the impact could be to public schools.

However, the Republican governor, who announced in late November that he wants to take vouchers statewide, said he expects GOP leaders to file legislation on his behalf before Jan. 9, when the General Assembly reconvenes, answering many of those questions.

Despite skepticism and outright opposition to his plan from many corners of the state, Lee believes the pandemic has changed the calculus so that more Tennesseans — and their elected representatives — are ready to support universal school vouchers. In 2019, Lee’s scaled-down voucher program, using education savings accounts, barely squeaked through the House in a contentious and controversial vote.

“Through the pandemic, parents just became much more engaged with what was actually happening with their children and their education,” said Lee, adding that more parents are demanding more education choices for their children because of disagreements spawned by COVID over school closures and what kids are taught in public schools.

But the voucher proposal also has stoked fierce opposition across the state, especially in the Memphis area.

Last week, Arlington Public Schools released a fiery statement denouncing Lee’s plan as part of a systematic attack on public schools, while the director of Germantown Municipal School District recorded a video declaring that any private schools that accept voucher money should be held to the same standards as public schools. Lakeland’s school board passed a resolution this week opposing the plan, and the chairwoman of the board for Memphis-Shelby County Schools issued a statement Tuesday saying the board was “vehemently opposed” to Lee’s initiative.

Research is also mixed about whether vouchers help improve student performance.

On Wednesday, Lee was joined by House Speaker Cameron Sexton in Memphis at a panel discussion at New Hope Christian Academy, one of 80 private schools currently accepting vouchers through the education savings account program that began in 2022 in Davidson and Shelby counties, expanding this fall to Hamilton County.

While short on specifics, some comments by Lee and Sexton gave insights into the behind-the-scenes negotiations happening to garner support for Lee’s Education Freedom Scholarship Act and to pound out a bill to put before the GOP-controlled legislature.

Academic testing requirements for voucher students unclear

Both leaders expressed openness to adding a facility component to the state’s new K-12 funding formula to help local governments pay for new public school construction or improvements to existing public school campuses — a chronic challenge in a state where schools need about $9 billion of infrastructure investments over five years, according to one recent government report.

Lee said he pushed for the formula overhaul in 2022 “to provide for more nuanced funding” and suggested that facility needs are in line with the new approach.

“If there are particular needs that school districts have, then we should look at that formula and how we more appropriately fund public schools going forward,” he said. “Not just more money, but more wisely spent money.”

The governor also said accountability for participating private schools would be part of his voucher bill, but he did not elaborate on what that would look like.

Currently, private schools participating in the ESA program have to administer annual state tests for math and English language arts to voucher students. But it’s hard to attract private schools to participate under that mandate. And results from those tests during the first year of the program indicate that participants performed worse than their public school peers in Davidson and Shelby counties, according to data from the state education department.

The governor’s press secretary, Elizabeth Johnson, previously told several media outlets that no testing requirements were in the draft legislation, though details were still being hammered out. Johnson did not immediately respond when asked Wednesday if any of those positions have changed as the proposal has evolved.

The draft also didn’t include other accountability measures that public schools must abide by such as third- and fourth-grade retention requirements for students who are deemed poor readers, or A-F grades for schools beginning this month, Johnson previously said.

Taking a different tact, Sexton suggested that Tennessee should rethink its accountability systems for public schools as part of any expansion of private school vouchers.

“Why don’t we treat the high-performing school districts the same as private [schools] and give them more autonomy and freedom to do their job?” Sexton told reporters after the panel discussion.

“Why not reward quality instead of trying to treat all school systems the same regardless of where they are?” he said.

Such a change would begin to unravel a fundamental education policy in Tennessee, where GOP officials previously credited the state’s vaunted accountability systems for historic gains on national tests between 2011 and 2013.

Suburban Memphis leaders oppose planned voucher expansion

The governor emphasized accountability through parental choice during his visit to New Hope.

“We do know that parents know best what’s best for their kids,” Lee said. “When parents have choice, the parents and the children are empowered to live a better life and to move in a better direction.”

Lee later traveled to Chattanooga to participate in a similar event at Chattanooga Preparatory School to promote his proposal.

Sexton, who voted against the 2019 voucher bill but now says he supports universal vouchers, stayed in Shelby County to meet with suburban leaders. Public school officials in those suburbs have been among the noisiest critics of Lee’s proposal.

“In my past 10 years as a superintendent, our legislature has passed hundreds of laws that are crushing the way that we run our schools,” Germantown Municipal School District’s Jason Manuel said in his video recording. “None of these laws will apply to the schools accepting this taxpayer money.”

Manuel called for an even playing field. “Either these schools have to follow all of the same laws we do, or our legislators need to take all the restraints off of our schools and let us get back to the way we have always served our children,” he said.

Private school choice programs have grown in recent years, with states such as Florida, Iowa, and Arkansas passing massive expansions of their voucher initiatives.

But do vouchers work?

According to an ongoing Chalkbeat review of the research, there’s little recent evidence that vouchers improve student test scores. In fact, they’ve sometimes led to declines. But older studies are more positive toward vouchers, and some show that vouchers have a neutral or positive impact on student outcomes later in life.

Research also suggests that targeted voucher programs may not be costly, but universal programs probably will be.

Other education advocates worry that that mostly GOP-driven drive to give parents more choices beyond public charter schools, magnet schools, and other optional programs will accelerate resegregation in schooling.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Laura Testino covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach her at LTestino@chalkbeat.org

Tennessee governor proposes extending school voucher program statewide, eventually to all students

2023-11-29T01:32:04+00:00

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Gov. Bill Lee proposed Tuesday to take Tennessee’s education voucher program statewide, starting with up to 20,000 students who would get taxpayer money next school year to attend a private or home school.

The Republican governor also called for all K-12 students to be eligible for vouchers beginning in 2025.

Lee’s Education Freedom Scholarship Act, offering $7,075 annually for each participant, would mark a massive expansion of eligibility for a voucher program that was billed as a pilot project and is now in its second year. The state’s education savings account program, which currently is limited to three urban counties, has just under 2,000 enrollees.

During an announcement in Nashville attended mostly by lawmakers and allies, Lee said statewide voucher eligibility was his vision for Tennessee during his first gubernatorial campaign in 2018, when he called for more education choices for parents.

“Parents know what’s best for their child as it relates to education,” he said, adding that the vouchers would give all Tennessee families the freedom to choose a good fit, whether it’s in public, private, parochial, or home schools.

His plan would eventually eliminate income requirements and change who could benefit from the vouchers. Rather than giving students from low-income families an opportunity to attend private schools — the original stated purpose of Lee’s education savings account program — the universal vouchers Lee now proposes could also subsidize tuition costs for students from more affluent families who already attend private schools.

It’s uncertain whether the final legislation would hold private or home schools accepting voucher money to the same accountability standards that public schools are subject to, including testing requirements or the A-F letter grades that the state is preparing to give out for the first time in December.

“The final details of this legislation aren’t worked out,” Lee told reporters after his announcement. “This is Day One. This will be a legislative effort.”

But Lee’s proposal will face a battle when the General Assembly reconvenes in January. Even under a GOP supermajority, Tennessee’s voucher law squeaked through the House of Representatives in 2019, after sponsors agreed to limit the program to a few urban areas.

The open-ended cost of universal vouchers will be an issue in a state where financial experts have warned lawmakers recently that Tennessee’s government needs to control spending in coming years. Lee said his voucher proposal would be funded through a separate scholarship account, not the funding structure currently in place for public schools, but he didn’t provide a cost analysis.

Lee is trying to ride the momentum of other states with Republican-controlled legislatures — including Florida, Iowa, and Arkansas — that passed massive expansions of their voucher programs this year amid parent anger over pandemic-era school closures and disagreements over what kids are taught in public schools.

Arkansas Gov. Sarah Huckabee Sanders, a fellow Republican who signed a law in March creating a school voucher program in her state, appeared on stage with Lee for his announcement. She heralded the work of their states as part of a “conservative education revolution,” with vouchers as a centerpiece.

More important for the legislative battle ahead were pledges Tuesday by Tennessee House Speaker Cameron Sexton and Lt. Gov. Randy McNally to advance Lee’s voucher agenda. Sexton, a charter school advocate and likely candidate for governor in 2026, voted against Lee’s education savings account bill in 2019 and did not say why he now supports Lee’s proposal.

However, the legislature’s Democratic leaders said Lee and GOP leadership are in for a fight — similar to the one in Texas, where a bipartisan coalition of Democrats and rural Republicans beat back Gov. Greg Abbott’s school voucher bill this month during a special legislative session.

During a morning news conference, Tennessee Democrats charged that statewide vouchers will weaken public schools and lead to cuts in everything from school personnel to arts and athletic programs, plus increased property taxes for residents. And they pledged to work across the aisle with Republican lawmakers who have been skeptical of vouchers from the outset.

“On the House side, we’re already reaching out to local officials to join us in supporting public schools,” said Rep. John Ray Clemmons, a Nashville Democrat and House caucus chairman, noting that public school districts are typically the largest employers in the state’s rural communities.

From left, Sens. Raumesh Akbari and London Lamar, both of Memphis, listen as Rep. John Ray Clemmons, right, of Nashville, criticizes Tennessee Gov. Bill Lee’s education voucher expansion proposal during a news conference on November 28, 2023.

Democrats also warned that, under the governor’s plan, private schools will be able to choose the voucher students they want to accept, especially from families that are already bound for a private education.

“What this is is a coupon program for rich families who do not want to pay the full price of tuition,” said Sen. London Lamar of Memphis, leader of the Senate Democratic caucus.

Meanwhile, leaders of groups both for and against vouchers said they were mobilizing for the fight ahead.

Among the pro-voucher contingent is Americans for Prosperity in Tennessee, part of a conservative network backed by the billionaire Koch brothers, and the American Federation for Children, whose founding chairperson was Michigan billionaire Betsy DeVos.

Groups opposing Lee’s plan include the state’s two largest professional organizations for educators, the Tennessee Education Association and Professional Educators of Tennessee.

Tennessee has been a battleground state in the school choice movement, with a coalition of conservative political organizations using out-of-state money to campaign against incumbent lawmakers who oppose vouchers.

Lee’s newest proposal, if approved, would put Tennessee on track to become the 10th state to adopt a universal voucher program, joining Arizona, Ohio, Oklahoma, North Carolina, and West Virginia. But the change would happen before state officials have enough data to evaluate the effectiveness of its current education savings account program, which launched last year in Davidson and Shelby counties and this year in Hamilton County.

For the 2024-25 school year, Lee proposes to provide 10,000 “scholarships” for students who are considered economically disadvantaged, have a disability, or are eligible for Tennessee’s current education savings account program. Another 10,000 would go to a universal pool of students across the state.

Beginning in 2025-26, Tennessee would offer vouchers to any K-12 student.

A one-page promotional document circulated by the governor office said Tennessee would prioritize “currently enrolled students, low-income and public school students if demand exceeds available funding.”

For years, Tennessee has been in the bottom tier of states in funding public education and remains in the bottom half nationally, even with a $1 billion increase this year as part of Lee’s overhaul of Tennessee’s education funding formula.

In 2020-21, before the latest investment, national data ranked the state 37th for per-student funding. And in its annual grades for education funding, the Education Law Center gave Tennessee two F’s for funding level and effort, and a D for funding distribution.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Nashville, Shelby County withdraw challenge to Tennessee private school voucher law after long fight

2023-11-17T23:54:28+00:00

Nashville and Shelby County governments have pulled out of their more than 3-year-old legal dispute with the state over a 2019 private school voucher law.

The paperwork to withdraw their latest appeal was filed quietly on Aug. 25 with the Tennessee Court of Appeals, according to court documents.

The pullout by Tennessee’s two largest counties is the latest setback for efforts to overturn the controversial education savings account law, the signature legislation of Gov. Bill Lee’s first year in office.

The law, which allows the state to give taxpayer money to eligible families to pay toward the cost of private school tuition, was declared unconstitutional by a Nashville judge in 2020 because, at the time, it affected students only in Nashville and Memphis, where local officials have consistently opposed vouchers. But after several appeals, the Tennessee Supreme Court ruled in favor of the state in 2022 and resurrected the law, allowing the program to launch last year in the two counties. This fall, the state rolled out the program in Hamilton County after lawmakers voted earlier this year for expansion.

On Friday, Nashville Law Director Wally Dietz declined to comment about the decision to pull out of the suit, as did E. Lee Whitwell, chief litigation attorney for Shelby County government.

Nashville Law Director Wally Dietz criticizes a Tennessee Supreme Court ruling upholding the state’s private school voucher law during a news conference on June 1, 2022, soon after the court’s decision.

But Dietz, whose office has been leading the charge on the Nashville-Shelby lawsuit, noted that the legal challenge remains alive through a second lawsuit filed in 2020 by the Education Law Center and the Southern Poverty Law Center on behalf of 11 public school parents and community members in Memphis and Nashville. Their appeal is pending before the state’s appellate court.

The state Supreme Court’s ruling in May 2022 rejected Metro Nashville and Shelby County’s argument that the voucher law violated a “home rule” provision in the Tennessee Constitution. The latest court battle has been over whether plaintiffs in both lawsuits have legal standing to pursue the case based on other legal claims, such as a constitutional clause that requires the state to maintain a system of “free public schools,” with no mention of private schools.

In a split vote in late 2022, a three-judge panel of Davidson County Chancery Court dismissed those claims. Soon after, attorneys behind both lawsuits appealed that ruling to the Tennessee Court of Appeals.

Chris Wood, a Nashville lawyer helping to litigate the remaining lawsuit, said the pullout by Metro Nashville and Shelby County has no bearing on his case filed jointly with the Education Law Center, the Southern Poverty Law Center, and the ACLU.

“We’re still here,” Wood said Friday. “Our case has always been our case. And while it’s good to have other folks working with you, this really doesn’t have an impact on what we’re doing.”

A spokesperson for the Tennessee attorney general’s office did not immediately respond when asked Friday about the development.

Currently, Tennessee’s education savings account program has fewer than 2,000 students enrolled in 75 state-approved private schools in the three counties where it operates, significantly below this year’s 5,000-seat cap.

Rep. Mark White, a Memphis Republican who chairs a House Education Committee, has said he expects to file legislation next year to take the program statewide.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee’s first A-F letter grades for schools will stress proficiency

2023-11-03T00:01:41+00:00

After months of asking Tennesseans how the state should judge its public schools when giving them their first A-F letter grades, Education Commissioner Lizzette Reynolds mostly ignored the feedback.

In her first major initiative since taking the helm of the state education department in July, Reynolds chose a school grading system that elevates the importance of proficiency — whether students are meeting certain academic standards on state tests — over the progress that schools make toward meeting those standards over the course of a year.

Her plan, unveiled on Thursday, will mark a sharp change of course for Tennessee, considered a pioneer in emphasizing growth measurements to assess its students, teachers, and schools.

It’s also significantly different from what Tennesseans have asked state officials for since Reynolds announced in August that an overhaul in the state’s grading system was coming. The overwhelming feedback at 10 town halls, meetings with stakeholders, and in nearly 300 public comments was for keeping the calculation focused on growth, as it has been the last five years.

Reynolds’ plan is similar to the model backed by ExcelinEd, the education advocacy group founded by former Florida Gov. Jeb Bush and where Reynolds previously served as policy director.

It will still include improvement as a factor, as required by a 2016 Tennessee law, but achievement will get more weight than under the original formula — and there won’t be a way for schools to meet the achievement criteria by meeting certain improvement goals, according to a presentation to the state Board of Education.

“This version is recalibrating that balance point and is going to say more about where the kids are in those schools right now,” said David Laird, assistant commissioner of assessment and accountability in the education department. “It is less of a referendum on maybe what the school’s impact has been, but it’s more clearly articulating their challenges right now.”

The department also announced that the grades will be released in mid-December, a month later than previously planned. State officials say they need more time to verify data going into the grades.

This is the first time the state will issue its letter grades since the 2016 law requiring them took effect. Previous attempts were called off because of testing glitches and the pandemic.

There are several other changes to the calculation.

The formula will factor in test scores for science and social studies, although not as much as for math and English language arts, which were the focus of the original model.

Gone is data related to chronic absenteeism. A new factor will be how well schools are helping their lowest-performing quartile of students to improve. For high schools, college and career readiness will be included, based on measures such as ACT scores, postsecondary credits, or industry credentials.

The debate about growth vs. proficiency was the biggest concern for school leaders who have been waiting and planning for grades for five years.

Focusing on proficiency likely will mean fewer A’s and generally worse grades than expected for many schools, especially those serving students from lower-income families in rural and urban communities.

Beyond the stigma of getting a D or an F, officials representing those schools eventually may face hearings before the state Board of Education or audits of their spending and academic programming.

Several board members worried that teachers could flee schools graded D or F, exacerbating the challenges faced by schools in high-poverty areas, where students face extra challenges before they even walk into a classroom.

“It’s a struggle for me to think about saying everyone should pull themselves up by their bootstraps, when some folks have a closet full of boots, and some have none,” said Darrell Cobbins, who represents Memphis on the board.

Many education advocates worried the state could return to an era when schools with many affluent students coasted to the top ratings, while doing little to show they were helping students improve. Meanwhile, schools in high-poverty areas will have little chance to earn an A or B, they told Chalkbeat.

“Measuring only absolute proficiency for 50% of a school’s grade will most certainly disadvantage our highest poverty schools,” said Erin O’Hara Block, a school board member for Metropolitan Nashville Public Schools, who served on the working group giving input to the state.

“I’m not sure what this system is supposed to motivate for schools, nor how it will truly inform parents on differences in what various schools can offer to their children,” she said.

Reynolds said the letter grades are a tool to provide families and school communities with information they can use to make decisions, not necessarily to incentivize schools to improve.

“We want to tell the truth about whether or not our kids are actually achieving,” she said.

But Gini Pupo-Walker, director of the Education Trust in Tennessee, is hopeful the grades will somehow be tied to extra resources to help struggling schools.

“We look forward to learning more about how the state plans to support schools that receive D’s and F’s,” she said, “and ensure schools are paying attention to the success of all students.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee rushes to revamp its A-F letter grades for schools. Educators cry foul.

2023-10-26T10:00:00+00:00

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It was supposed to make things simpler.

A 2016 Tennessee law required the state to assign each public school a letter grade, A to F, based mostly on student test results. The intent was to give parents and communities an easy way to assess the quality of education at each school.

Nothing about it has been simple, though. Since the law took effect, the state hasn’t issued any grades, mostly because of testing glitches and the pandemic.

And now there’s a new complication: As the state prepares to finally issue its first grades in November, the education department and its new leader are revamping the grading formula. The changes likely will mean fewer A’s and generally worse grades than expected for many schools, especially those serving students from lower-income families in rural and urban communities.

The rollout will be a jolt to many Tennessee public school leaders, who have been waiting and planning for these grades for five years, thinking they understood what the criteria would be. And beyond the stigma, the grades could have real consequences: Officials representing schools that get D’s or F’s eventually may face hearings or audits of their spending and academic programming.

“It almost seems like we’re trying to change rules after the game’s already been played,” said Brian Curry, a school board member in Germantown, during an August town hall in Memphis to discuss potential changes with state officials.

Why the letter grades for schools matter

Tennessee’s 2016 school report card law didn’t include consequences for schools that get low grades.

That changed last year, when Tennessee passed a new system for funding K-12 education.

Under the Tennessee Investment in Student Achievement Act, or TISA, school districts or charter authorizers can face hearings before the state Board of Education if their schools get D’s or F’s on the state report card, beginning with the 2024-25 school year.

Ultimately, administrators could have to submit a corrective action plan or undergo a state audit of spending and academic programming at the school in question.

State board member Darrell Cobbins, whose district includes Memphis schools, acknowledges that the increased funding that came with TISA warrants additional accountability. But he wonders about the feasibility of what the law asks of the all-volunteer board. Holding hearings for potentially hundreds of schools will be a “major undertaking,” he said.

The board is working with a consultant, Bellwether Education Partners, to develop a review process that Cobbins hopes will be logical, consistent, and explainable.

At the crux of the state’s late change is a long-running debate over proficiency vs. growth — whether students should be judged based more on whether they meet certain academic standards, or on how much progress they make toward those standards. Where the state lands in that debate is especially important for schools where students face extra challenges even before they walk into a classroom.

But many public school leaders believe there’s a larger political motive behind the sudden drive by Gov. Bill Lee’s administration to change the rules: advancing his school choice agenda.

Under a 2019 voucher law pushed by Lee, Tennessee now provides taxpayer money to help some families send their children to private schools. But the program has fewer than 2,000 students enrolled in the three counties where it operates, significantly below this year’s 5,000-seat cap. Lee wants to expand enrollment and eventually take the option statewide.

“School choice has got to be part of what’s driving all this,” said Mike Winstead, director of Maryville City Schools and a former Tennessee Superintendent of the Year.

“Think about it,” he continued. “If you have an A or B school in your community, that may not motivate parents to want to pull their kids out of public schools to use a voucher.”

Several other district leaders brought up the same concern to state officials at town halls hosted by the department in August and September to get public feedback about revising the grading formula. But state officials flatly deny there’s a connection between the voucher law and changes to the grading formula.

The grading law “was passed to promote transparency, and families should be able to know and to understand how their students’ schools are performing,” a department spokesman said in a statement to Chalkbeat.

Education Commissioner Lizzette Reynolds said the goal of the new formula is to generate grades that signify meaningful differences in school performance in a way that make sense to Tennesseans, whether they reflect proficiency, growth, or other criteria that are ultimately chosen.

“Whether you are a student, parent, teacher, policymaker, or an interested community member, school letter grades will empower all Tennesseans with the information they need to support K-12 public education and our local schools,” she said.

Tennessee initially adopted growth-focused model

State law requires that Tennessee’s model for grading schools take into account student performance and improvement, as demonstrated on annual state tests, and it allows inclusion of other reliable indicators of student achievement. The statute directed the education department to come up with a formula to turn those results into a single letter grade for each school, to be published online on the State Report Card.

When developing the calculation under former Republican Gov. Bill Haslam’s administration, the department stressed achievement and growth in math and English language arts. And it created two pathways for schools to demonstrate achievement.

One way was based on what the state calls “pure achievement,” meaning that a certain percentage of a school’s students demonstrated a required level of proficiency, skill, or knowledge. By this metric, a school that started the school year with a high proficiency rate was likely to receive an A even if it had not improved student learning during the school year.

The other way rewarded schools that met certain goals to move their students toward proficiency from one year to the next. The idea was that all schools, especially those serving low-income students or that have historically performed poorly, should have an opportunity to get an A as long as they make strong progress toward the state’s achievement goals.

So even the achievement part of the grading formula could be fulfilled with strong growth. In this way, Tennessee was an early adopter of a growth-heavy model when developing its accountability system.

“All means all!” became the mantra of then-Education Commissioner Candice McQueen as she worked with education stakeholders for nearly a year to design a system to incentivize improvement for all students — whether they are considered low, average, or high achievers — as well as for all schools, regardless of their demographic makeup.

Tennessee had modest success with that approach, even though the actual letter grades were never issued. Before the pandemic hit in 2020, students were showing incremental growth in math and reading based on some of the nation’s highest proficiency standards.

But state lawmakers have become increasingly impatient with the pace of improvement, especially in reading. About a third of the state’s students meet grade-level standards on the English language arts test, which requires students to demonstrate the ability to read closely.

“School choice has got to be part of what’s driving all this. Think about it. If you have an A or B school in your community, that may not motivate parents to want to pull their kids out of public schools to use a voucher.” — Mike Winstead, Maryville City Schools director

“At the end of the day, I want to know: Can you add, subtract, multiply, and divide, and can you read, regardless of how much you have grown from one year to the other?” said Rep. Mark Cochran, an Englewood Republican, during one legislative hearing about the state’s emphasis on growth.

Meanwhile, the legislature has sought to provide more options for families dissatisfied with the performance of traditional public schools by introducing private school vouchers and allowing charter schools to open statewide.

Now as Tennessee revamps its school grading system, Lee’s administration is poised to shift weight in the equation from growth to pure achievement. Reynolds wants the state to do that by eliminating the growth pathway for demonstrating achievement. Growth would still be a component of the overall grade, as dictated by state law, but a much smaller part.

“I want to be very clear that when we’re talking about academic achievement, we’re talking about academic achievement,” Reynolds, the new education commissioner, said at an Oct. 12 meeting of education stakeholders.

State hears strong calls for retaining growth focus

Reynolds, who was sworn in to her post in July, launched the reevaluation of the grading system about a month later as her first major initiative. She invited Tennesseans to weigh in on how the state should measure a school’s academic success. At the time, state officials said all options were on the table.

At town halls, meetings with stakeholders, and in nearly 300 public comments from Tennesseans, state officials heard a common theme: Keep some kind of growth option as part of the achievement calculation. Measuring student performance with a single letter grade requires nuance, many educators said, and the growth-based model allows that.

“Is having a campus that has only 15% reading proficiency really a B school, if those kids cannot read?” — Lizzette Reynolds, Tennessee education commissioner

A formula that’s weighted too heavily toward pure achievement, they warned, would produce grades that essentially mirror the economic profiles of the schools — with high-income communities getting the A’s and B’s — and families wouldn’t be able to use the grades to differentiate the performance of one high-poverty school from another.

“Given the strong correlation between achievement and poverty, I think it’s really difficult to talk about just achievement in isolation. We really need to balance this with growth,” said Madeline Price, policy director for the State Collaborative on Reforming Education, at an Oct. 5 meeting of the stakeholders group.

“All schools, especially low-income and traditionally low performing schools, should have a very real opportunity to receive an A” if they significantly improve student performance, the leaders of Tennessee’s school superintendent organization wrote in a letter to Reynolds.

Meaghan Turnbow, who coordinates programs for English language learners in fast-growing Rutherford County Schools, south of Nashville, noted pitfalls in a model that emphasizes proficiency over growth.

“We have students come to our district from all over the world with various education levels and English levels,” she wrote in a public comment. “Year to year they grow, but it may be several years before they are considered meeting or exceeding expectations.”

Tennessee Education Commissioner Lizzette Reynolds speaks to a gathering of school superintendents in September. Reynolds has signaled that she wants to narrow the way the state judges student performance.

But soon after asking for public feedback, Tennessee’s new education chief signaled that she wanted to narrow the way the state judges student performance.

During an Aug. 29 town hall in Chattanooga, Reynolds acknowledged that the education department, before scuttling plans to issue grades in the fall of 2022 under former Education Commissioner Penny Schwinn, had run the numbers but didn’t like what it saw. For instance, she said, a school with 80% of its students reading on grade level might have received a B, but so might a school that had only 15% of students reading on grade level, while also demonstrating high growth.

“Is having a campus that has only 15% reading proficiency really a B school, if those kids cannot read?” Reynolds asked.

“We should celebrate growth,” she continued. “We should also celebrate achievement, because at the end of the day, kids can grow. But if they never get on grade level, they don’t have much of a future, particularly when it comes to reading and math.”

How a single school could get conflicting evaluations

The A-F grading system, as required by the state, was billed as a simple, common-sense tool to help parents understand how their child’s school is doing and compare schools.

But changes the department is making could add a new layer of complexity for school communities.

When Tennessee developed its accountability plan in 2017, it opted for a single system to satisfy both the state law and a 2015 federal accountability law called the Every Student Succeeds Act, or ESSA. That way, “we’re not sending different messages to parents and the general public,” said Winstead, the Maryville schools director who served on the state task force that developed the plan.

ESSA doesn’t require A-F grades, but it directs the state to use its own criteria to identify schools that are academically in the bottom 5%, plus other schools showing low performance or significant disparities across groups of students who are Black, Hispanic, economically disadvantaged, or English learners, or have learning disabilities. Such schools become eligible for additional federal funding.

Because of the link between the two laws, the schools that would earn the lowest grades under Tennessee’s current formula are the same ones that would get federal support to help them improve. And educators would work with a common set of goals, priorities, and incentives.

Changes that the Tennessee Department of Education is making could create two separate accountability systems, producing conflicting assessments of how a school is doing.

Under Reynolds, the Tennessee education department appears ready to decouple the state’s A-F system from its federal compliance plan. The change would result in Tennessee having two accountability systems, potentially producing conflicting assessments of how a school is doing.

For example, if the new state formula places less emphasis on certain student groups than the federal system does, a school that has big racial or economic disparities in student performance could still earn high grades from Tennessee based on overall proficiency rates. Meanwhile, a school with low proficiency rates would get a D or an F, even though it may serve certain groups of students better than an A or B school.

Mary Batiwalla, former assistant commissioner of assessment and accountability in Tennessee, says what’s going on here has parallels in Texas, where Reynolds used to be chief deputy commissioner. Officials there changed their grading criteria this year to apply to schools retroactively. However, after some school districts sued that state over the changes, Texas delayed the release of its grades.

Texas lawmakers are also in the midst of a special session on vouchers to debate whether students should be able to use public dollars to attend private schools. Batiwalla worries that officials in both states are hijacking the grading systems for political aims, not to incentivize school communities to improve.

“If you want to do vouchers, do vouchers,” said Batiwalla, an outspoken critic of Reynolds’ efforts. “Don’t take away this policy tool that has the potential to drive improvement from the rest of the public schools.”

Proficiency focus could shortchange some students

Other tweaks are likely when Tennessee releases its new equation in the days or weeks ahead, just before giving schools their first set of grades.

“If you want to do vouchers, do vouchers. Don’t take away this policy tool that has the potential to drive improvement from the rest of the public schools.” — Mary Batiwalla, former assistant commissioner, Tennessee Department of Education

The department has heard calls to include social studies and science scores in the calculation, as well as data related to third-grade reading, participation in tutoring programs, and postsecondary indicators like dual enrollment and career and technical education offerings, just to name a few. There’s also a growing consensus around ditching student absenteeism data, which is a factor in the current equation.

But most educators have their eye on the growth vs. proficiency debate. They worry that greater emphasis on proficiency will motivate schools to focus on improving “bubble kids” — those scoring just under proficiency — instead of working to improve students at all levels of achievement.

“You’re incentivizing bad choices that serve just a few kids instead of all kids,” Winstead said.

Winstead’s suburban school system should be fine. Maryville City Schools, near Knoxville, is one of the state’s highest-achieving districts and stands to benefit if Tennessee’s revamped grading formula puts more weight on proficiency. But Winstead philosophically disagrees with the approach that the state appears to be taking.

“This is going to demoralize a lot of school communities,” he said, “teachers, kids, and parents — folks who have done incredible things to move kids forward.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org. Laura Testino covers Memphis-Shelby County Schools. Reach Laura at LTestino@chalkbeat.org.

On Philly trip, U.S. education secretary assails vouchers like those backed by Shapiro

2023-10-16T21:29:18+00:00

U.S. Education Secretary Miguel Cardona said he is “totally against” any private school voucher program, like the kind Pennsylvania’s governor publicly backed this year, until public schools receive the state dollars they are owed.

“The moment public schools are fully funded, we could have that conversation,” Cardona told Chalkbeat at a Monday event in Philadelphia about career and technical education. “Right now, I am totally against any public education dollars going to private school vouchers.”

Cardona’s comments could underscore a political risk for Pennsylvania Democratic Gov. Josh Shapiro. His support for a state-backed school voucher program has boosted his national profile and fueled rumors he may be eyeing higher office. Yet that position also leaves Shapiro out of step with much of the Democratic Party and officials like Cardona, who has argued that vouchers are backed by those seeking to undermine public schools.

This summer, as part of a budget deal he cut with legislators, Shapiro vetoed a $100 million statewide voucher proposal he supported. But he said the so-called Pennsylvania Award for Student Success Scholarship Program, or PASS, is “unfinished business.”

Shapiro has said he believes something like the PASS program could work without siphoning funding away from the public school system. But critics like the Philadelphia Federation of Teachers have called vouchers a “misguided push to divert public dollars into private institutions” and “a distraction that diverts us from our collective responsibility to truly invest in public education.”

In February, a Commonwealth Court judge declared Pennsylvania’s school funding system unconstitutional because it creates unjustifiable disparities between low-wealth and high-wealth districts, and ordered the state General Assembly to revise it. As state attorney general, Shapiro wrote a brief in support of the plaintiffs in the funding lawsuit, and his 2022 gubernatorial campaign said he “would not sign a bill that takes funding away from public schools.”

The state’s Basic Education Funding Commission is currently conducting a series of hearings to begin the process of rewriting the formula.

If Shapiro heeds Cardona’s message, it may mean waiting to resurrect the PASS voucher program until the state reworks its school funding formula.

A spokesperson for Shapiro did not immediately respond to a request for comment on Monday.

At the event on Monday — billed as a roundtable discussion about career and technical education with district, workforce, and union leaders — Cardona also said he’s encouraged by the workforce partnerships he’s seeing in the city.

“All the stars are aligning here for an opportunity for the students here in Philadelphia that maybe didn’t exist before,” Cardona said.

Meanwhile, state lawmakers are still considering whether to add $120 million in funding — along with new transparency measures — for Pennsylvania’s two statewide private school choice programs, the Opportunity Scholarship Tax Credit and Educational Improvement Tax Credit. Those programs are currently funded at $340 million together.

State law prohibits the collection of information about the academic achievement of students who benefit from these programs, making it difficult to judge their impact.

Carly Sitrin is the bureau chief for Chalkbeat Philadelphia. Contact Carly at csitrin@chalkbeat.org.

Is public education dead or just redefined? Author Cara Fitzpatrick on the history of school choice.

2023-09-12T10:00:00+00:00

Journalist Cara Fitzpatrick offers a dramatic thesis in the form of the title of her new book, “The Death of Public School.”

In it, Fitzpatrick chronicles the history of school choice in America — a decades-long political effort that she says has culminated in victory for its advocates. Charter schools have grown rapidly. More states are using public money to help parents pay private school tuition. The pandemic combined with a backlash against school curriculum on race and gender have energized this effort.

Fitzpatrick is agnostic on whether this shift has been a good thing for American education, but she’s convinced that it’s a big deal.

“The war over school choice has been the fiercest of this country’s education battles because it is the most important: it is a struggle over the definition of public education,” she writes. “These thorny questions — about what type of education the government should pay for, whose values are reflected in schooling, and what these issues mean for society and democracy — have been waged since the country’s birth.”

Chalkbeat recently spoke with Fitzpatrick, who as a reporter for the Tampa Bay Times won the Pulitzer Prize for documenting the resegregation of schools in Pinellas County, Florida. Currently, Fitzpatrick is a story editor here at Chalkbeat (and a valued colleague of this reporter). She did not play a role in selecting questions for this interview or editing it.

Chalkbeat asked Fitzpatrick about the early history of school vouchers that started with resistance to desegregation; the more progressive arguments for school choice; choice advocates’ recent focus on culture war issues; and how the title of her book could be true when most students still attend a public school.

This interview has been edited for length and clarity.

Journalist Cara Fitzpatrick, author of “The Death of Public School”

Tell me why you wrote a book about the history of school choice. What interested you in this topic?

I was a reporter in Florida, and I had written a lot about segregation. As part of that, I spent some time following families around who were leaving these segregated, low-income public schools. In Florida, there’s a lot of choice options, so I often encountered families who were moving to a charter school, or they were going to a private school with a voucher, or maybe they were going to a magnet public school. One of the questions that I had was essentially: Were they finding better choices?

Let’s start with the early parts of this history, where you start the book. Can you talk about the role that school choice played in resistance to desegregation starting in the ’50s?

In the few years before Brown v. Board of Education, and then after Brown, there was an effort by segregationists in the South to get around desegregation by using a variety of mechanisms, including school vouchers. It varied in states, but it was basically an effort to abandon the public schools and use state support to prop up entirely white private schools. But it was ultimately unsuccessful, because the courts were united in striking down every attempt that was made, including the voucher programs.

Some school choice critics still use this history to attack the concept of school choice, especially private school choice. Do you think that’s fair?

I don’t know that it’s a reasonable critique of what’s going on now. What I ended up finding, and thought was compelling, was that at the same time that segregationists were using school vouchers to try to exclude Black children from receiving a fair education, there were other voices in there who were viewing school vouchers in a very different way.

Economist Milton Friedman gets credited as the father of school vouchers. He was looking at it as an economic tool. Virgil Blum was a priest in Milwaukee who was interested in vouchers for religious liberty, because he thought that it was discrimination against religious families who had to pay taxes for a public school system and then also pay tuition for private religious education.

It was really striking even in the years that the courts were striking down school voucher programs in the South, progressive voices were also raising this issue of school vouchers as a tool of empowerment. Kenneth Clark, who was involved in Brown v. Board, was one who raised that idea.

So I think understanding that is crucial for having a good sense of whether or not that’s really a fair charge to make against contemporary advocates for school choice.

Can you elaborate on why Kenneth Clark, who was a Black psychologist who testified in Brown v. Board and was cited by the Supreme Court, was interested in school choice and school vouchers?

He was disappointed in the years following Brown with how integrated school systems were working out, not just in the South, but in the North, where many school systems were just as segregated. He was looking for different ways to improve education for Black students. It wasn’t just vouchers. He also made some recommendations that sound a lot like what charter schools are today, which I thought was really interesting to see that far back.

What happened to the idea of private school choice in the decades after desegregation?

So the court struck down the school voucher programs in the South, and then it’s kind of just in the realm of theory for a while — it’s people basically debating it.

Milton Friedman keeps alive his economic argument, which was for every kid regardless of income to have a voucher. Harvard professor Christopher Jenks has an idea of targeted vouchers for low-income children, as a tool of empowerment. There’s a small, sort of failed effort by the federal government in California to try out vouchers.

There was a pretty solid push from a number of quarters in the ’60s and ’70s to provide some kind of government aid to religious schools, especially Catholic schools, because they were struggling during that time period. That didn’t end up going anywhere meaningful.

In the ’80s, President Reagan was an advocate for vouchers. That also didn’t really go anywhere. Then the first modern school voucher program happens in Milwaukee in 1990. That’s when you start to see the beginning of this latest era.

Your book has many characters, but to me if there was a main character, it was Polly Williams. Can you describe her and her role in the school choice movement?

Polly Williams was a Black Democratic legislator in Wisconsin. She was kind of a contrarian. Probably the best explanation for her would be that she was a Black nationalist. She was very interested in education in Milwaukee, and she was very concerned that Black students were not being well served by the Milwaukee school district. She tried legislatively to do a number of different proposals to help Black students in Milwaukee. She was shot down at just about every turn, and so became kind of frustrated with Democrats, with her own party, and willing to look at alternatives.

That’s when she and Tommy Thompson, who was a white Republican governor at the time, became allies on the issue, and were able to successfully push through a small experimental voucher program in Milwaukee.

Walk me through Polly Williams’ evolution on her thinking about school choice.

Polly Williams had a very particular view about vouchers — this progressive model very much for low-income children, Black and Latino children, very much as a form of empowerment. She viewed it as being somewhat small and experimental and intended for a particular group of kids.

She became disillusioned with some of her conservative allies who had different ideas about what choice should be like and who it should be for. She was concerned when religious schools were allowed to participate in the program, because religious schools had more white students. She feared that a program that was largely for Black students might also change to be more of a benefit for white religious families and especially ones who could already afford to pay tuition.

Do you see Polly Williams’ vision for school choice as the opposite of white Southern sector segregationists’, or was it the other side of the same coin?

She viewed it as something that was meant to aid children who were the least well served by the school system, which is different than saying we want all white kids to be separate from all Black kids. That’s not what she was about.

She was, however, very unapologetic about being focused on helping her race, and what she viewed as her people. As a Black nationalist, she thought that integration policies were harming Black kids. She thought that it was taking power out of Black neighborhoods when you had kids bused all over.

Can you talk about when charter schools entered the equation, and why they have been, at least until recently, more politically successful than private school vouchers?

In the ’90s, those ideas were kind of coming up at the same time. Milwaukee’s voucher program passed in 1990, and the first charter school law was in Minnesota in 1991.

I think one of the reasons that charter schools took off was because they were meant to be public schools. It was appealing because it was an alternative to school vouchers, and so it gave Democrats something that they could hold up to say: We are for choice, but we’re for choice within the public school system. Republicans also backed charter schools as maybe not as great as school vouchers would be, but something they also could get behind. So charter schools enjoyed bipartisan support for a long, long time, and that helped the ideas spread all over the place.

It actually seems like the charter school movement was detrimental to the private school choice movement by sucking up some of the political oxygen.

I think that’s mostly right. I think charter schools were just an easier thing to support in some ways, and because there were fewer legal questions, I think that helped propel them.

But in some ways, charter schools are more far-reaching, creating totally new schools, and have been much more disruptive to the traditional public school system than private school choice.

I think that’s true for a period of time — we’ll see how this current wave of choice legislation plays out. But you see that especially in urban areas, and people grappling with what does this mean for the public school system, if suddenly 20%, 30%, 40% of kids are going to charter schools. But it varies so much, because you do have states where they pass a charter school law, but then the law itself was so restrictive that you didn’t have the same explosion of charter schools.

Can you describe how the school choice movement has changed since the start of the pandemic, and why it has been so successful in getting a string of far-reaching private school choice programs passed?

The pandemic gave Republicans a moment politically where there are discussions happening about education. There are parents who maybe are exploring other options for their kids or did for a period of time during the pandemic. It gave Republicans room to seek expansions and pass new programs.

There’s also an argumentative shift happening during the pandemic where we saw advocates go from talking about school choice as a civil rights issue to embracing school vouchers for everyone. This idea that it’s really about parental freedom and about values has taken off. And Republicans are going on the attack against public schools and embracing this idea of using the culture war to win policies for choice.

The cover of Cara Fitzpatrick’s book, “The Death of Public School.”

Let’s talk about your title: “The Death of Public School.” How can public school be dead if the vast majority of students still attend a traditional public school?

I liked that title because I was thinking about, what is this ultimately about? What is the argument that people are having? And why is it such a heated argument? I was thinking about: Can these things coexist? Can you have a robust traditional public school system, and also have state dollars going to private education, especially in greater and greater numbers?

Ultimately, it’s about what happens to the public school system and whether or not it thrives or is diminished in some way by these programs. I felt like the current moment in time was pointing in not a great direction for the public school system.

I also had kind of a wonkier question in mind, which was: What is a public school ultimately? I tried to trace that idea in the book. Republicans really were pushing for a definition of public education that is quite different than the traditional one. Republican governors say right now that any education paid for with tax dollars is public education.

One response to the title would be that the empirical research doesn’t support the idea that the expansion of private school choice kills or even harms public schools.

I don’t know if we know what the effects of this current wave of private school choice are going to be when you’re talking about having every student in a state be eligible, including kids whose families were already paying for private education. We’re seeing numbers of participants balloon in places like Arizona, and the cost projections are so much higher than what they had initially talked about in those places. With the universal programs there’s just a lot that we don’t know about how that’s going to shape up.

Do you think the triumph of school choice has been a good thing for American education?

It’s not for me to say if it’s been a good thing for American education. I very deliberately do not take a viewpoint in the book, partially because I think school choice is a fairly complicated and nuanced thing, which is part of what attracted me to writing about it in the first place.

I had some driving questions in the introduction about what does this mean for community, and what does this mean for democracy, and what does this ultimately mean for the public school system. I very deliberately do not answer, because I think those questions are for the reader to think about by the end of the book.

Matt Barnum is interim national editor, overseeing and contributing to Chalkbeat’s coverage of national education issues. Contact him at mbarnum@chalkbeat.org.

Pennsylvania budget inches forward, but lawmakers still split on stalled education funding

2023-09-01T18:57:56+00:00

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HARRISBURG — Lawmakers have moved a step closer to finalizing the state budget and freeing up at least some of the stalled $1.1 billion in spending for everything from hospitals to public defense to home repairs, but the Pennsylvania House and Senate remain stubbornly at odds over education and other key costs.

While Democratic Gov. Josh Shapiro signed the commonwealth’s budget in early August, the legislation that directs that spending — known as code bills — has remained unfinished after talks deteriorated over a school voucher program that Republicans considered a priority.

On Wednesday, the GOP-controlled state Senate reconvened in Harrisburg for a day to pass some — but not all — of that missing language. These measures will still have to pass the Democratic-controlled state House, and leaders in the lower chamber have indicated they won’t do so without at least some changes.

The first of two bills was designed to include primarily “the uncontroversial things we all agree on,” as state Senate Leader Scott Martin (R-Lancaster) said on the chamber floor. It wasn’t without controversy, though — Democratic lawmakers criticized that the bill didn’t address the bulk of the stalled spending.

It would release funding for three programs, including increased reimbursements for first responders, which EMS providers argue is a bare-minimum requirement in an underfunded industry.

The bill also includes codes for regular allocations to hospitals and for judicial fees that courts rely on, and for which state authorization had expired at the end of July.

It also formalizes approval of a suite of other programs that had already been moving ahead with their budget spending, and for which the state budget secretary had not said new codes were necessary. These include funding for community colleges, aid to public libraries, and reimbursements for schools to provide universal free breakfast.

Senate Minority Leader Jay Costa (D-Allegheny) said that after speaking to his caucus he decided to vote against the bill because it does not fund programs that Democrats consider priorities, like the popular Whole-Home Repairs Program and a stipend for student teachers. Earlier that day, state Senate Democrats tried to amend the bill to add funding for those programs but the amendments were tabled.

“More work needs to be done on the other side of the aisle,” Costa said on the state Senate floor. The bill passed 29-18, with state Sen. Lisa Boscola (D-Lehigh) crossing party lines to vote with Republicans.

The more controversial bill passed by the Pennsylvania Senate on Wednesday included Republicans’ more partisan priorities, such as a reintroduction of the school voucher program that Shapiro already axed from the main budget — and which state House Democrats have summarily rejected.

It also includes additional funding for the Educational Improvement Tax Credit program, a tax break that businesses can receive in exchange for funding private school scholarships. It passed, 29-19 in a party-line vote.

Not included in either bill was code language for five programs Democrats have championed. Along with home repair and student-teacher stipends, these include funding for the commonwealth’s roughly 100 poorest school districts, allocation of new federal money for school mental health services, and Pennsylvania’s first-ever state funding for public defense.

An email obtained by Spotlight PA that was sent from state House Majority Leader Matt Bradford (D-Montgomery) to state Senate Majority Leader Joe Pittman (R-Indiana) on Monday indicated that the divide between the chambers still runs deep.

In the email, Bradford noted that the two parties had, as of Monday, exchanged no code language, and wrote that Pittman was “needlessly extending this and by creating an intentionally bifurcated structure.”

Bradford recommended instead that “the most constructive use of time would be to pass what’s absolutely necessary,” pointing to components the state Senate ended up including in their first code package, like extending the expiration dates on judicial fees and reauthorizing the hospital spending.

In a statement after the Senate’s Wednesday session, House Democratic leaders wrote that a fiscal code “is not an opportunity to renegotiate the budget.”

“Since House Democrats passed the Senate’s budget in July, we have repeatedly tried to work to arrive at an agreement,” they said. “Unfortunately, the Senate Republicans’ actions today do not advance the conversation toward finalizing the state’s budget in its entirety.”

A spokesperson for Shapiro said that today’s votes indicated that “conversations have not yet happened.” The statement added that, “legislative leaders have more work to do to stop talking past each other and instead find common ground on the unfinished business before them.”

In a statement released by her office following the upper chamber’s floor vote, Senate President Pro Tempore Kim Ward pinned the ongoing conflicts on Democrats.

“The Senate has done their best to give Gov. Shapiro and his counterparts in the House the necessary time to work through their party challenges, but the time has come that we must move beyond the broken deals and words and complete our work to ensure the fiscal solvency of our state,” Ward said, adding that House members should return quickly to complete the code process, even if they prefer to “provide a counteroffer to what has been passed.”

In the state Senate’s Wednesday session, lawmakers also advanced a bipartisan bill that would move up the date of Pennsylvania’s 2024 general election primary, which is currently scheduled for April 23, during Passover. That change is considered time-sensitive, and is broadly supported by Democrats and Republicans in both chambers — though they differ on precisely which date the primary should fall on.

As of Wednesday, the House is still scheduled to come back to order in late September. But a spokesperson for Bradford said they “are not foreclosing on the possibility that we may return sooner if an agreement is reached.”

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Tennessee picks vendor with no voucher experience to manage its education savings accounts

2023-08-10T10:00:00+00:00

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After failing to reach contract terms with its first choice to run its growing private school voucher program, Tennessee has turned to a young Indiana company with a small staff, modest cash flow, and no state-level experience managing education savings accounts.

The state education department signed a $3.675 million, five-year contract in May with Student First Technologies to help run the voucher program, bypassing Florida-based ClassWallet, whose proposal ranked first in the state’s bidding process.

Officials for the state and its new vendor say they’re on track to take all of their new electronic platforms live by January to automate the application and payment processes for education savings accounts. The voucher-like program lets eligible families receive taxpayer funding to send their children to private schools.

But Tennessee’s selection of 6-year-old Student First Technologies has raised eyebrows within the industry. The company faces a tight timeline to stand up new systems that need to work well enough to build public trust in the controversial program, which launched last fall in Shelby and Davidson counties and expands to Hamilton County this school year.

Gov. Bill Lee, who spent considerable political capital convincing the legislature to approve a voucher program, has a big stake in a smooth rollout. It’s no secret the Republican governor wants to expand voucher eligibility beyond Memphis, Nashville, and Chattanooga.

“Gov. Lee doesn’t need any more controversy or negative headlines about education savings accounts if he wants to grow this beyond a few urban counties,” said Kent Syler, a political science professor at Middle Tennessee State University.

Help wanted: New technology to support growing voucher programs

In January, Tennessee invited companies to submit proposals to manage its education savings accounts, as well as its individualized education account program for students with autism, developmental delays, and other disabilities.

Both programs have been overseen so far by a small team of employees at the state education department who review applications, confirm enrollment with private schools, pre-approve funds, and then disburse and monitor those funds.

“There’s a lot of work that we do by hand,” said Nate Parker, who was the state’s school choice administrator, during a presentation last October to the State Board of Education.

But the number of voucher users is projected to grow significantly beyond last school year’s enrollment of about 700 students with ESAs and 338 students in the IEA program. As of Aug. 4, the number of ESA participants enrolled in participating private schools for 2023-24 had more than doubled.

Shifting the management of both programs to automated platforms will be “transformational” in terms of efficiency and growth, Parker said.

Tennessee bypasses the market leader

Chalkbeat reviewed hundreds of pages of documents from the bidding process, obtained through a public records request from the Tennessee Department of General Services, which oversaw the process.

ClassWallet eclipsed four other bidders in the state’s evaluation this March of all technical and cost proposals to run the program, as well as each company’s level of experience. It’s the market leader and currently manages ESA programs in five states: Arizona, Indiana, Missouri, New Hampshire, and North Carolina.

On a 100-point scale, ClassWallet scored more than 20 points higher than Student First. Also submitting proposals were Merit International, Odyssey, and LiftForward Inc.

ClassWallet is no stranger to Tennessee, having landed the state’s initial two-year contract to manage its voucher platforms in 2020 under a controversial no-bid process. But just months before the program was to launch, the work ground to a halt due to a legal challenge to the state’s 2019 voucher law.

Once a 2022 court order allowed the program to proceed, ClassWallet was eager to work with Tennessee again. In its latest proposal, the company trumpeted nearly a decade of experience providing education-related online platforms, a staff of hundreds of employees, significant financial capital, and the ability to activate new platforms quickly. On average, it’s taken ClassWallet 48 days to get state-level voucher programs up and running once the work begins, the company said.

But negotiations between ClassWallet and the state broke down within weeks of the state announcing its first choice.

State officials declined to give specifics about what happened, as did Jamie Rosenberg, the founder and CEO of ClassWallet.

“While ClassWallet remains disappointed by the outcome, ClassWallet respects the decision made by the Tennessee Department of Education,” Rosenberg said in a statement.

Gov. Bill Lee answers questions about the restart of Tennessee’s education savings account program during a meeting on July 20, 2022, with Memphis-area private school leaders gathered at St. Benedict at Auburndale High School, a Catholic school in Cordova, near Memphis.

ClassWallet’s exit opened the door for a new player

Student First Technologies officially launched in 2017 to develop technology platforms for the growing number of publicly funded school choice programs.

According to the bios of the firm’s co-founders, Chief Executive Officer Mark Duran and Chief Technology Officer Forrest Fowler came from “alternative education backgrounds” that included homeschooling and learning pods, as well a mix of public and private school experiences.

Their company’s first focus: scholarship tax credits, which allow taxpayers to get full or partial tax credits when they donate to nonprofit groups giving private school scholarships to students.

Within two years, the company’s portfolio grew from two to 15 states and programs distributing over $100 million annually in family-directed education support. Then in 2019, Student First shifted its focus to education savings accounts and microgrants, and created a new online platform — dubbed Theodore — to manage them and its scholarship tax credit work.

Among the company’s biggest technology contracts is for Indiana Learns, a $20 million microgrant program providing after-school tutoring to help students in that state catch up from learning lag caused by the pandemic.

Tennessee’s program is the company’s first full-fledged entry into the education savings account arena.

“It’s a great addition to our portfolio of programs that are helping students access education opportunities,” CEO Duran said in an interview with Chalkbeat.

Student First’s platform can adapt to any type of education funding program, Duran said, adding that the company’s microgrant work is relatively similar to ESA management.

“So we’re very confident,” Duran said. “While this might be our first statewide contract for a state-administered ESA, the technical capabilities are similar.”

But concerns about the state’s choice linger based on the company’s technical proposal, which showed a total income of just over $230,000 and net income of nearly $69,000 between Dec. 1, 2022, and Feb. 28, 2023. Beyond its two founders, the proposal identified three full-time employees, as well as nine others doing freelance, consulting, or part-time work — with an eye on expansion.

“We have made offers to highly qualified professionals who have committed to joining the team upon award of this RFP,” the proposal said.

ClassWallet’s proposal, by contrast, reported that it had 244 employees, and that FACTS Management, a subcontractor, employs another 360.

Asked whether Student First has the staff, expertise, and financing to complete its tasks for Tennessee, a state spokesperson said the state’s evaluation of the company’s proposal “confirmed that the vendor meets the requirements and is able and willing to provide the services as outlined in the contract.”

And Lizzette Reynolds, Tennessee’s new education commissioner, called Student First a “great choice” based on her previous policy work at ExcelinEd, a pro-voucher advocacy group that keeps abreast of the vendor pool.

Last week, Duran said his firm has added full-time staff and continues to look for qualified developers, product managers, project managers, and other employees.

“As currently staffed, our team is very well equipped to take care of Tennessee,” he said. “But as a growing company, we’re also keeping an eye out for other people who might be a good addition.”

Duran added that the company’s organizational structure allows it to respond quickly to technical questions and any issues that may surface with Tennessee’s platforms.

“We are the only organization that has a co-founder as chief technology officer leading a U.S.-based technology development team,” he said. “This ensures that our product development and data security remain top quality.”

Vendor has a long list of deadlines to meet

Student First’s platform for Tennessee will go live in stages over the next six months, starting this month with the portal used by 75 state-approved private schools participating in the program in and around Memphis, Nashville, and Chattanooga.

Training for private school leaders began this week, while training for families with ESA accounts is to begin Sept. 1. The family portal to manage payments is scheduled to go live on Sept. 8 for students already approved to participate this school year. Providers of outside-of-school services such as tutoring and therapy are set to join the platform in mid-November. And the portal for families to apply to participate in the voucher program in 2024-25 is scheduled to open by Jan. 15.

Students at St. George’s Independent School say the Pledge of Allegiance before the start of a chapel service in the Collierville school’s gym in 2016. St. George’s is among 33 private schools in the Memphis area approved by the state to accept education savings accounts during the 2023-24 school year.

The state’s focus, according to a statement from the education department, has been to ensure that school administrators feel confident about their platform before parents access and make payments within the system.

“Everything is on schedule,” Duran added.

As for customer relations, the contract requires Student First to handle any technology issues — from system glitches to password resets — while staff at the education department handles questions about the program. Asked how many people are on that team, a department spokesperson responded only that “all members of the ESA team are responsible for ESA oversight.”

Passing ESA laws is hard. Implementation is harder.

Rep. John Ray Clemmons, a Nashville Democrat who opposes vouchers, is not surprised that the state chose a novice vendor to run ESAs.

The entire initiative, he said, is “misguided” and erodes support and funding for public education. Oversight and accountability over student learning via state-funded ESAs are also problematic, he said, as is the potential for discrimination against students who are too troublesome or expensive to teach, or who have beliefs that conflict with the beliefs of participating private schools.

“I don’t think the goal here is to improve student outcomes, and I don’t think this governor’s administration is particularly concerned about how well the program is executed,” said Clemmons, who chairs his party’s caucus in the House. “This whole endeavor is clearly designed to steer public money to private hands.”

Robert Enlow is the president and CEO of EdChoice, which supports programs like Tennessee’s that offer taxpayer-funded choices beyond traditional public schools. He says ESAs are already becoming entrenched in the nation’s K-12 landscape. For instance, Arizona, Arkansas, Florida, Iowa, South Carolina, Utah, and West Virginia now offer ESAs for most or all of their families.

Nineteen states are expanding their school choice programs in 2023, according to a national campaign to promote awareness about education options.

But Enlow cautions that “the devil is in the details.” There must be transparency, clarity, competence, and communication about payment options and processes, the appropriate use of ESA funds, and timely disbursements to private schools and other vendors offering private services.

“Passing strong ESA laws is hard, but implementing these programs with excellence is harder,” Enlow said. “The details of implementation have to be done well.”

Early reports of fraud in Arizona’s voucher program or delayed IEA payments in Tennessee haven’t helped to build trust with either the public or providers. And the logistics of managing ESAs can be daunting, including determining which educational expenses are allowable, as states put purchasing power directly in the hands of families.

At the same time, Enlow points out that the vendor pool for automating ESA services is young compared with, say, companies that manage third-party payments for large government programs such as Medicaid.

“It’s pretty early, which is another reason why we should be patient,” Enlow said. “These things do take time.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee’s new education chief says implementing policy is her strength and the governor’s priority

2023-07-24T10:00:00+00:00

Three weeks into her job as Tennessee’s education chief, Lizzette Gonzalez Reynolds says her charge from Gov. Bill Lee is to implement existing major policy changes — from how reading is taught to the continued rollout of private school vouchers — not to craft new initiatives.

She feels prepared for that role, having overseen state-level education policy work in Texas for nearly a decade, including six years as its No. 2 administrator. She also has years of policy and political experience at the federal level, and most recently led policy work for the advocacy group ExcelinEd, founded by former Florida Gov. Jeb Bush.

“Implementation is kind of my sweet spot,” Reynolds said. “When I was chief deputy commissioner in Texas, that’s what I did.”

Among her priorities in Tennessee: executing new programs to develop stronger readers; troubleshooting the switch to a new K-12 funding formula as of July 1; strengthening school models to prepare students for success after high school; and operating and expanding Lee’s controversial voucher program that gives taxpayer money to eligible students to attend private schools.

Meanwhile, much of the work to roll out a comprehensive new school safety package, approved this spring after a mass school shooting in Nashville, has shifted under a new law to the Tennessee Department of Safety and Homeland Security.

Since her official start on July 1, Reynolds’ schedule has been packed with meetings with staff, lawmakers, government officials, and education stakeholders.

Among the latter is JC Bowman, executive director of the Professional Educators of Tennessee, who described Reynolds as “straightforward and direct.”

“She made it clear that she is here to serve students and educators in Tennessee. … I think she will do well here if she will stay above the political fray,” said Bowman, who was a frequent critic of Reynolds’ predecessor, Penny Schwinn.

This week, the new commissioner travels to Memphis, home to the state’s largest school district, for introductions with local officials and community leaders.

Last week, in her first media interview since Lee announced her hiring in May, Reynolds sat down with Chalkbeat to talk about her background, priorities, and leadership style. Since she’s on a learning curve in a new state, questions about policy specifics were off the table.

But she was open about her own K-12 experiences as a public school kid growing up in Harlingen, Texas, a heavily Hispanic community in the Rio Grande Valley near the U.S.-Mexico border.

She described how, as a Hispanic American and a female, she experienced discrimination. As a first-generation college graduate and the oldest of four children of working-class parents, she benefited from scholarships and financial aid. And, as a parent of three children, one of whom was diagnosed with a disability in elementary school, she tapped both public and private schools to find the best fit for her family.

Reynolds said she jumped at the chance to join the administration of Lee, a Republican businessman who pushed for sweeping changes to education in his first term and was easily reelected last year.

“Tennessee has always been the bellwether state of doing things that challenge the adults in the system to continue to do better,” she said. “I want to be part of that story.”

Below are highlights of Chalkbeat’s interview, which has been lightly edited for brevity and clarity.

Getting to know you on a personal level, describe your own education experience. Did you go to public schools? Private schools? How did they shape you?

My only early experience in a private school was attending a Catholic school in pre-K. From kindergarten through 12th grade, I went to public schools in Harlingen.

From an early age, my mom drilled into me that “you got to go to college.” So I was always in a competition to be at the top of my class. I was going to be an astronaut, by God!

“I was going to be an astronaut, by God!”

I loved math but, when I took trigonometry in high school and it wasn’t connecting, my teacher was like, “You know, you’re a girl. You really don’t need to be doing this. You probably should just drop my class.” So I did.

I was shy and I couldn’t wait to get out of Harlingen. I was blessed with a great school counselor. When I told her I wanted to go to college, she said, “OK, here’s what you need to do.”

I got a merit scholarship to attend Southwestern University, where people in the financial aid office became my best friends and I was able to cover tuition increases through a combination of work-study and Pell grants. By then, I wanted to become an accountant. But after taking a political science class with a truly dynamic professor, I changed my mind. I wanted to save the world.

Your selection was announced by the governor’s office on the same day that Schwinn’s impending departure was announced. How did you come to this job?

A lot of the work I did for the Foundation for Excellence in Education (ExcelinEd) was not only to advocate for its policy agenda but to work across the country with other advocates and supporters and philanthropy. I was on the proverbial “list” of people across the country who might be interested in being a state-level deputy or chief. And I’ve paid my dues. I had thought maybe I might lead the Texas Education Agency someday. But I wasn’t actively looking. I’d been at ExcelinEd almost seven years and loved my job.

This spring, the governor’s office here called and wanted to talk about Tennessee’s chief position and I said, ‘Of course I’ll talk.’ What a great opportunity to meet Gov. Lee, who had a great relationship with Gov. Bush. (During the week of April 11) I came to Nashville and met with (Chief Operating Officer) Brandon Gibson and then interviewed with the governor the next day.

“Tennessee has always been the bellwether state of doing things that challenge the adults in the system to continue to do better.”

When I walked into his office, everybody was so awesome. Gov. Lee looked at me and said, “Why do you want to be commissioner of education in Tennessee?” I basically said, “Who wouldn’t want to be commissioner here?” Tennessee has always been the bellwether state of doing things that challenge the adults in the system to continue to do better. It’s still strong in accountability and assessment. There’s great work passed in this administration and previous administrations. And then, just the fact that the governor really cares about education, that it’s a priority.

Tennessee is just a good place to be. I want to be part of that story and the continued success of this state with kids. At this agency, we don’t touch kids every day, but we help influence what happens in the classroom because of the supports and resources that we provide.

When I walked out of the governor’s office, I said to myself, ‘I want to work for that man and I’m going to be really disappointed if I don’t get the offer.’

About a week and a half later, I got the offer.

What did you and Gov. Lee talk about in your interview? Why do you think he picked you?

Bottom line, this job was going to be about implementation and execution of the agenda passed through the legislature and through his leadership and (Penny Schwinn’s) leadership at the agency. A lot has already been done. Now the hard work is the implementation piece and that is kind of my sweet spot.

“Tennessee is where reform really percolated and expanded and continues to live.”

When I was chief deputy commissioner in Texas, that’s what I did: Making sure resources are there, thinking about the right resources, bringing folks in to support those implementation efforts — all the pieces of the puzzle that need to come together to ensure that kids and educators get what they need to be successful.

But sometimes implementation also requires you to say no to some things or to certain vendors.

Because of your policy work with ExcelinEd, with its focus on school choice and privatization, many stakeholders think your selection suggests that voucher expansion and advancing choice programs are Job One for you under this administration. How would you respond?

First of all, it’s not about privatization. Our No. 1 priority at ExcelinEd was to improve the system because we know that about 90% of our kids are in a public school system. Second priority is the options outside the system, which includes ESAs (education savings accounts, a kind of private school voucher), charter schools, open enrollment, public school choice, letting parents go where they want to go in the public school system. Third priority is reimagining the system, so really thinking about what other ways we can develop these comprehensive high schools. That’s how we think at ExcelinEd, and that’s why I think I was a good candidate for this job.

Yes, ESAs are part of the package, but it’s not the only package. There is no silver bullet when it comes to education. ESAs are great, but they’re not for everybody. It all depends on the parents and the families and what they want to do and what options they want to pursue.

It wasn’t that long ago that a Tennessee governor wouldn’t think of choosing an education commissioner who didn’t have teaching experience. But you don’t, nor do you have a teaching license. How will you have “street cred” with educators here, given that your background is primarily in policy and politics?

As a parent of public school kids, I’m as close to the classroom as you’re going to get because I’m a consumer of the public school system. To say that my experience is irrelevant, I don’t think it’s very fair. But in that vein, I also want to listen and learn. Earlier today, for instance, I met with folks at the Tennessee Education Association (the state’s largest teacher group).

I’ve got to come at it with empathy and support. Have I done their job every day? No, I haven’t. But we’re all in this together. I’m going to listen. I’m going to engage and implement in a way that is fair and where the decision-making is transparent.

The department has had a number of significant departures in recent months, including Chief Academic Officer Lisa Coons and Deputy Commissioner Eve Carney, who was a veteran manager responsible for many of the state’s biggest education programs and initiatives. How are you building out your cabinet and filling out gaps in leadership? Will you look inside or outside of the state?

I’m looking for the best qualified folks, but my preference is to find people in Tennessee. We just hired Kristy Brown from Jackson as our chief academic officer. We need to fill the role of chief program officer, and I’d love to find a Tennessean for that. I don’t feel the need to look outside of the state because I think there’s a lot of qualified people here. Tennessee is where reform really percolated and expanded and continues to live.

Have you and your family officially moved from Texas to Tennessee, or do you plan to?

I’m here and I’m moving soon into a place in East Nashville. My husband is staying in Austin with our youngest son, who’s a rising junior, until he finishes high school. Our son wants to look at colleges here, so I’m super excited.

I don’t know if I’ll go back to Austin to live. We’ll see.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Pennsylvania Democrats, Shapiro cut budget deal without school voucher program

2023-07-06T01:48:04+00:00

A push by Pennsylvania Republicans and Democratic Gov. Josh Shapiro for a state-funded voucher program appears to be dead for now, after Shapiro said the program will not be enacted as part of the state budget.

In a statement Wednesday, the governor said he did not want to further hold up the already overdue budget. Last week, the Democratic-controlled House Rules Committee knocked down legislation that would have set up a $100 million so-called Pennsylvania Award for Student Success Scholarship Program.

As part of a deal with the House, which has a one-vote Democratic majority, lawmakers in that body passed the $45.5 billion budget bill with the voucher language included. Shapiro has promised to line-item veto the appropriation when it comes to his desk. Late Wednesday evening, the House voted 117 to 86 to send the bill to Shapiro.

“Without enabling legislation setting up this program, my Administration legally cannot implement it,” Shapiro said in his statement. “Knowing that the two chambers will not reach consensus at this time to enact PASS, and unwilling to hold up our entire budget process over this issue, I will line-item veto the full $100 million appropriation and it will not be part of this budget bill.”

Though the proposed voucher program will not be enacted as part of the state budget, Shapiro signaled similar proposals will continue to be brought up in the coming months as he has made clear he supports the idea of a state-backed, school-choice program.

“While I am disappointed the two parties could not come together, [House Majority] Leader [Matthew] Bradford has given me his word … that he will carefully examine and consider additional education options including PASS, Opportunity Scholarship Tax Credit (OSTC), and Education Improvement Tax Credit (EITC) as we work to address our public education needs in light of the Commonwealth Court’s recent education ruling,” Shapiro wrote in a statement.

In February, a Commonwealth Court judge declared Pennsylvania’s school funding system unconstitutional and ordered the General Assembly to bring it into compliance. While including some significant increases, this budget does not fundamentally overhaul the Commonwealth’s approach to education spending to provide adequate funding to all districts and make it more equitable.

Asked about vouchers, Philadelphia Superintendent Tony Watlington said in a statement that his hope is that lawmakers will focus on adequately and equitably funding education so that Philadelphia students have the necessary resources to get “the education they deserve and need.”

The voucher program — negotiated between Shapiro and Senate Republicans — quickly became a sticking point in budget discussions. In a budget it passed on June 30, the GOP-controlled Senate revised an earlier voucher plan to make it more palatable to holdouts by adding household income limits and reporting requirements for private schools. It also got a new name: PASS, rather than the previously proposed “Lifeline Scholarship Program.”

As written, the majority of Philadelphia School District students would have been eligible under both the PASS or Lifeline versions of the voucher program. Critics said either version has the potential to upend the city’s public school system.

Philadelphia Board of Education President Reginald Streater told Chalkbeat in a text Wednesday that “vouchers are a red herring and will not address the needs of the families who depend the most on public education.” He said the voucher proposal “feels like a dereliction of duty,” and that fully funding education would solve many of the district’s challenges.

“We are on the cusp of an educational renaissance,” Streater said. “The last thing Philadelphia needs is any legislation that adversely impacts a scintilla of funding, resources and attention that would have any unintended or intended effect of kneecapping Philadelphia’s collective efforts and momentum to provide our city with the public education system our students deserve.”

Meanwhile, proponents of the voucher program, including the conservative Commonwealth Foundation, said it could have been one of “the biggest, most impactful, positive change[s] in education in three decades.”

Ultimately, Democrats in the House stood firmly opposed to any state-backed voucher program, blocking the budget bill late on Friday and killing the separate Lifeline Scholarship voucher bill in the House Rules Committee.

“This is an embarrassing setback for Governor Shapiro on his first budget and at the hands of his own party,” Erik Telford, a spokesperson for the Foundation, said in an email. “Shapiro would rather cave to Matt Bradford than stand firm behind his pledge to support the kids trapped in failing schools, despite having reached a bipartisan agreement with support in the House and the Senate.”

Pennsylvania’s other school choice programs

Pennsylvania already has two programs that promote school choice: the Opportunity Scholarship Tax Credit and Educational Improvement Tax Credit. Both give tax breaks to businesses that donate to organizations that provide private school scholarships to students.

Those programs are notoriously opaque as state law prohibits the collection of information on academic achievement of EITC voucher students in particular. Although touted as a boon for low-income families, EITC has broad eligibility requirements — up to 500% of the poverty line. Families with three children and earning up to $168,000 a year can qualify.

OSTC, a much smaller program, is targeted more narrowly to families living in the attendance boundaries of the 15% of lowest-achieving schools in the state. Philadelphia has 139 such schools, which represents 36% of the 382 in the state, the largest number by far among the 500 districts in the Commonwealth. Both programs have steadily increased in cost over time; today, they are collectively funded at $340 million.

Susan Spicka, executive director of Education Voters PA, which opposes all voucher programs, said in an interview the PASS program’s ambiguous language could open the door to double or triple-dipping, allowing families to obtain funding from multiple school-choice programs at once.

Critics of both iterations of the voucher program also said it didn’t include enough protections against discrimination. Voucher programs in some states have been criticized for sending state money to private schools that discriminate against LGBTQ students and teachers.

“The goal of legislation like this … is to push vulnerable students and families into private and religious schools where they check their constitutional rights at the door,” Democratic Sen. Lindsey Williams said on the Senate floor before casting her no vote on June 30.

“Private schools can and do discriminate against disabled kids. Private schools can and do refuse to admit LGBTQ+ students. Private schools can and do refuse to accept kids because they are poor or struggling academically,” Williams said.

Supporters tout vouchers as lifelines for students trapped in failing public schools. Many education activists reject that idea.

Philadelphia and other districts like Reading and Norristown with high numbers of students in poverty aren’t failing, said Donna Cooper, executive director of Children First, an advocacy group that opposed the voucher program.

Rather, she said, “the state legislature is failing them by not funding schools sufficiently.”

Not all Philadelphia-area Democrats opposed the idea of vouchers, however. Democratic Sen. Anthony Williams, who represents parts of Philadelphia county, voted in favor of the budget with the voucher program included, saying parents in Philadelphia cannot wait for the public school system to improve or for the legislature to develop a new funding formula that meets constitutional muster.

The Shapiro-backed PASS voucher program would have cost $103.7 million but was contingent on a commitment that vouchers would be part of a full budget agreement. That pact would have to include historic education spending and fund priorities such as student mental health, special education, universal free breakfast, and “sustained funding for necessary and urgent environmental repairs in Pennsylvania schools,” said Manuel Bonder, Shapiro’s press secretary, in a text message Thursday night.

That historic increase never materialized. While the House added hundreds of millions in education spending to Shapiro’s proposed budget, the Republican-led Senate scaled back the total.

For instance, it eliminated $100 million Shapiro had proposed for school building repair — a desperate need in Philadelphia where several schools have closed due to asbestos — and increased special education by less than Shapiro wanted — $50 million instead of $143 million.

The Senate did increase so-called “Level Up” funding targeted to the 100 districts with the lowest per-pupil spending, including Philadelphia, which Shapiro’s proposed budget did not include.

Under the approved budget, basic education spending, the single largest line item, will increase by $567 million to a total of nearly $7.9 billion.

Dale Mezzacappa is a senior writer for Chalkbeat Philadelphia, where she covers K-12 schools and early childhood education in Philadelphia. Contact Dale at dmezzacappa@chalkbeat.org.

Carly Sitrin is the bureau chief for Chalkbeat Philadelphia. Contact Carly at csitrin@chalkbeat.org.

Push for Pennsylvania vouchers, backed by governor, could upend Philadelphia public schools

2023-06-27T14:04:28+00:00

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Pennsylvania’s Republican lawmakers are working to fast-track a bill to create a state private school voucher program that now has the backing of Democratic Gov. Josh Shapiro, as alarmed critics say it could devastate Philadelphia’s public schools.

The bill creating a “Lifeline Scholarship Program” would set up spending accounts for families in areas with “low-achieving” public schools to use for tuition and fees at private schools instead. The Senate bill creating these scholarships includes language that would set up these vouchers for the 2023-24 school year.

It is unclear if lawmakers will ultimately include Lifeline Scholarships in the budget for the upcoming fiscal year, or try to pass it separately; the new fiscal year begins July 1. But if enacted, the bill would have a particularly significant impact on Philadelphia by making thousands of students in the city eligible for such an account, regardless of their family’s economic background. More than 100 Philadelphia public schools meet the state’s definition of “low-achieving.”

During his 2022 gubernatorial campaign, Shapiro said he backed the concept of Lifeline Scholarships, although in a June 23 Fox News interview he stressed that he would not agree to take money away from public schools to fund it: “We’ve got to invest more in our children, not less.” Yet his support for the voucher system still stands out at a time when state private school choice programs often attract much stronger support from Republicans than Democrats.

By supporting the voucher bill, Shapiro has split from education unions in the state, including the Pennsylvania State Education Association, the state’s largest teachers union that endorsed him in last year’s election. In a June 22 letter to Shapiro, the PSEA and other unions called Lifeline Scholarships “clearly irresponsible.” Philadelphia Federation of Teachers President Jerry Jordan, whose union also endorsed Shapiro, also called the bill “outrageous.”

Opponents say the bill will draw students and much-needed funding away from the Philadelphia school district at a time when it is already operating on a strained budget and facing declining enrollment.

“This could have a really big impact on schools in Philadelphia, and all of the other school districts across Pennsylvania that are the lowest performing, which is also correlated with the ones who receive the least funding,” said Priyanka Reyes-Kaura, K-12 education policy director at Children First PA advocacy group. “That’s what I’m really concerned about, that the districts that desperately need public funding to better serve their students are those who are going to be hurt by this lifeline scholarship program.”

The state already oversees two private school choice programs. But school choice supporters say students who attend low-performing schools in cities like Philadelphia, where charter school seats are limited and selective admissions lotteries have major issues, need more options. And they’re betting Lifeline Scholarships are the most bipartisan way forward.

Guy Ciarrocchi, a fellow with the conservative-leaning Commonwealth Foundation, said Philadelphia could be “on the edge of the biggest, most impactful, positive change in education in three decades.”

A ‘very ambiguous’ school choice bill?

The legislation would create a Lifeline Scholarship Fund within the state Treasury to help students who attend or live within the attendance boundary of a “low achieving” school to pay tuition costs, school-related fees, and special education services fees at a participating private school.

According to Pennsylvania law, a “low-achieving school” is a traditional public school that is ranked in the lowest 15% of schools in the state, based on standardized test scores. Data from the Pennsylvania Department of Education show 139 of 217 district-operated schools in Philadelphia are considered “low-achieving.”

For the 2023-2024 school year, those scholarships would be awarded on a first-come, first-served basis, “considering money available in the fund.” There is no price tag currently attached to the bill.

Students could receive scholarships of anywhere from $2,500 to $15,000, depending on their grade and their special education status.

Susan Spicka, executive director of Education Voters PA, which opposes the bill, said in an interview the bill is “very ambiguous” and could potentially apply to any student in Philadelphia, since more than half of the public schools in the city are considered “low achieving” under that state definition.

Overlapping attendance zones could mean a seven-year-old living in the attendance boundary of a low achieving high school could be considered eligible, even though they are not yet old enough to attend that school, Spicka said. But she added that the bill language doesn’t make this absolutely clear.

Spicka also raised the issue of “double dipping.” Pennsylvania has two programs, the Opportunity Scholarship Tax Credit and Educational Improvement Tax Credit programs, that give tax breaks to businesses that donate to organizations that provide private school scholarships to students. They both serve students in the bottom 15% of schools statewide.

Nathan Akers, a spokesperson for the Lifeline Scholarship bill’s sponsor, Republican Sen. Judy Ward, said in an email that “it is my understanding that there is no prohibition in the lifeline legislation on someone who is receiving a lifeline scholarship from also receiving scholarship money under the [Opportunity Scholarship Tax Credit] program.”

However, Lifeline Scholarships would be the state’s first school choice program to use state funds, rather than private donations to scholarship-granting groups.

Opponents also say the voucher plan would fly in the face of a judge’s ruling early this year that found Pennsylvania’s school funding system unconstitutional. Commonwealth Court Judge Renée Cohn Jubelirer said in February that the system treats students in low-wealth school districts unfairly, and ordered lawmakers to revamp it. Shapiro previously sided with the plaintiffs in the funding lawsuit, who said the state needs to invest billions more in schools annually.

Earlier this month, Jubelirer gave lawmakers 30 days to appeal her ruling.

Asbestos, gun violence could fuel support for vouchers

Data on the success of school choice programs in Pennsylvania has been limited and hard to parse. In recent years, studies of voucher programs in Indiana, Louisiana, and Ohio have shown that students’ test scores did not improve, and in fact tended to decline. Another study of Washington, D.C., found that vouchers had no clear effect on test scores. Other research on outcomes later in life for students who used vouchers showed neutral or positive results.

Ciarrocchi said Philadelphia families might be growing impatient with public schools for several reasons. He cited ongoing school closures due to damaged asbestos, a gun violence epidemic that’s killed more than 20 students this academic year, and students who have been shut out of the lottery program for selective admissions schools or are on charter schools waiting lists.

“This is a chance to do something historic for the poorest of the poor in the schools that are clearly at the bottom,” Ciarrocchi said. “You look at the grades and you look at the violence and you look at the problems, that’s why they want a choice.”

But Reyes-Kaura said there’s a longer-term vision at stake. She argued the state should be focused on improving the education funding formula for all students.

“I understand why a parent who is desperate to get their child a better education might see a lifeline scholarship as something promising,” Reyes-Kaura said. “But it’s also a program that has the power to really detract from a moment where we could be rebuilding the public education system, to make it fair for everyone.”

Correction: June 27, 2023: A previous version of this story misstated a decision from Commonwealth Court Judge Renée Cohn Jubelirer. Jubelirer’s decision gives Republican lawmakers 30 days to appeal her ruling that found Pennsylvania’s school funding system unconstitutional.

Carly Sitrin is the bureau chief for Chalkbeat Philadelphia. Contact Carly at csitrin@chalkbeat.org.

Will Illinois tax credit scholarship end? Four things you should know about Invest In Kids

2023-05-17T17:42:30+00:00

A controversial Illinois tax credit scholarship program could end if lawmakers don’t act to extend it.

Invest in Kids — which grants tax credits to people who fund scholarships that allow Illinois students from low-income families to attend private schools — is slated to sunset Dec. 31 unless state legislators approve an extension.

Jaclyn Driscoll, a spokeswoman for Illinois House Speaker Emanuel “Chris” Welch, said lawmakers still have time to extend Invest in Kids before the end of the year. The spring legislative session is scheduled to end Friday, but state lawmakers could approve an extension during a special session or the veto session in the fall.

The Invest In Kids Act became law in 2017, when Democrats and Republicans met during closed-door negotiations to overhaul how the state funded public education and ended a budget impasse that had lasted for two years. At the time, lawmakers agreed the program, which started in the 2018-19 school year, would sunset after five years. In 2022, the state extended the program by a year, with it now set to end January 2025 unless lawmakers agree to include it in the 2024 budget.

Several bills were introduced this session to extend the program, but none have been successful.

If Invest in Kids is allowed to end, Illinois will be bucking the trend of red states such as Indiana and South Carolina that plan to establish or extend their voucher programs.

Here are four things to know about Invest in Kids.

How many students currently benefit from the tax credit scholarships?

Over 9,000 Illinois students received the tax credit scholarship during the 2021-22 school year, according to a report from the state’s Department of Revenue obtained by Chalkbeat Chicago. In prior school years, enrollment numbers remained around 7,000 students.

Students who receive the scholarships come from low-income families. Under the tax credit scholarship law, students must come from households making less than 300% of the federal poverty level — which is about $90,000 for a family of four in 2023. Once the child receives a scholarship, the family income cannot exceed 400% of the federal poverty level, or about $120,000 for a family of four.

Of the students who received scholarships to attend private school in 2021-22, 57.6% were white, 29.7% were Latino, and 17.8 % were Black, according to the state’s report obtained by Chalkbeat Chicago.

Who donates and gets tax credits?

Illinois taxpayers can make a donation to one of the six grantee organizations that provide scholarships to students — also known as Scholarship Granting Organizations — and receive a tax credit of 75 cents for every dollar they donate. The amount donated is capped at $1 million per taxpayer per year. The state Department of Revenue says that taxpayers can donate their funds to a school that they would like their contribution to benefit.

Why do people want the program to end?

Public school advocates who are against the tax scholarship program argue that Invest In Kids diverts taxpayer dollars from public schools to private schools and lacks data or oversight. Some fear schools may discriminate against students with disabilities and LGBTQ students.

Illinois Families for Public Schools has been lobbying for the past few months to get state lawmakers to end the program. Cassie Creswell, director of the organization, says the state can’t afford a private school choice program because public schools are underfunded by billions of dollars.

“It should be deeply concerning to all public school supporters,” said Creswell. “Vouchers aren’t a evidenced-based policy that improve equity or education outcomes. We shouldn’t be funding them with scarce state dollars.”

What happens if Invest In Kids sunsets this year?

It’s unclear what will happen to the 9,000 students who receive scholarships to attend private schools if the tax credit scholarship program were to sunset. State law says the Invest In Kids Act will end Jan. 1, 2025, meaning students would at least have the chance to continue going to their schools through the 2023-24 school year.

School voucher advocates remain hopeful that the general assembly and Gov. J.B. Pritzker will continue to support the program — Pritzker said yes to supporting the tax credit scholarship program in a candidate survey for the Chicago Sun-Times in the fall.

Dan Vosnos, executive director of One Chance Illinois, an advocacy group involved in creating Invest In Kids, said the program has been helpful for families who cannot afford to go to a school of their choice.

“It allows families that don’t have the means to provide their child with their best fit education,” said Vosnos. “It gives families reassurance that their kids are in a loving, caring, nurturing, safe environment getting the education that they may not have received at their neighborhood school.”

Update May 17, 2023: After the initial publication of this article, a spokesperson from the Speaker of the House said the Illinois general assembly has until the end of the year to extend Invest in Kids.

Samantha Smylie is the state education reporter for Chalkbeat Chicago, covering school districts across the state, legislation, special education, and the state board of education. Contact Samantha at ssmylie@chalkbeat.org.

More students, steeper costs: Indiana, South Carolina are latest states to vastly expand school vouchers

2023-05-10T16:24:57+00:00

On private school choice, more states are going big and bold.

In Indiana, the Republican-controlled legislature last month approved a massive expansion of the state’s voucher program, making nearly every student eligible to receive public money to attend private school. Just days later, South Carolina followed suit, creating a taxpayer-funded program to cover private school tuition and expenses for thousands of students.

They join four other Republican-led states — Arkansas, Florida, Iowa, and Utah — that have established or expanded private school choice programs just this year. Now, more than 30 states, plus Washington, D.C. and Puerto Rico, give students public money to attend private school — a number that could keep growing as state lawmakers push dozens more bills to subsidize the cost of private education.

But it isn’t just the number of bills that’s ballooning — it’s also their scope. Unlike past programs, which often targeted low-income families or students with disabilities, the newest ones are open to almost everyone and often allow parents to use the tax dollars for private school or home-school expenses.

Indiana’s newly expanded program is a prime example. Higher-income families can now participate, and students no longer must meet other need-based criteria. As a result, roughly 97% of students will now qualify for private school subsidies, and the state projects that participation could soar by nearly 42,000 additional students within two years.

Bigger programs mean steeper costs. In Indiana, the program’s price tag is expected to nearly double over the next two years.

Private school choice laws surged during the pandemic as conservative lawmakers seized on many parents’ frustration with school shutdowns and mask mandates. Republicans have also used “parents’ rights” rhetoric to justify the laws, arguing that they empower families who are dissatisfied with the public school system to opt out.

Critics have been alarmed by the wave of legislation, which they say deprives public schools of much-needed resources and could promote discrimination against LGBTQ students or those with disabilities, who have fewer protections in private schools, the majority of which are religious. Plus, experts said they wonder about the segregation that could occur among students when it comes to race, income levels, and academic ability.

But school choice advocates are celebrating the bills as the culmination of a decades-long campaign to give every student the option of a publicly funded private education.

“We hailed 2021 as the year of educational choice,” Robert Enlow, CEO of the Indianapolis-based EdChoice, a school choice advocacy group, said in a statement. “Now we are celebrating 2023 as the year of universal choice.”

As these programs proliferate, here’s what to know about eligibility and costs:

New school choice laws vastly expand voucher eligibility

The latest voucher programs are open to nearly every student.

The move toward universal eligibility reflects a sweeping new rationale for private school choice. Once pitched as a lifeline for students whose needs weren’t being met by traditional schools or whose families couldn’t afford private tuition, proponents increasingly argue that every parent should decide how to spend the tax dollars allotted for their children’s education.

It becomes a “universal entitlement program,” said Joseph Waddington, an associate professor at the University of Kentucky at College of Education and Martin School Public Policy and Administration. Rather than target the neediest students, he added, the new programs are “just putting the money in kids’ backpacks” and letting parents decide how to spend it.

John Elcesser, executive director of the Indiana Non-Public Education Association, argued that the shift is part of a “re-thinking of how we fund education in general.”

“For the first time in the history of American education policy, states are embracing the ‘money follows the child’ model of education funding that has long been the dream of parental-choice advocates,” Nicole Stelle Garnett and Richard W. Garnett wrote in an article in the right-leaning City Journal this year.

Arizona put this new philosophy into practice last year when it made every parent eligible to receive about $7,000 in state funds, or 90% of the cost to educate a student without disabilities in a public school, to use for private school tuition, tutoring, or homeschooling.

This year, six more states made all or most students eligible to attend private school at taxpayer expense. (West Virginia established a near-universal program in 2021.)

In Indiana, a family of four with an income of up to $220,000 now will qualify for taxpayer-funded tuition assistance. Lawmakers also eliminated other restrictions, including rules that voucher recipients have a disability or are in foster care.

But it’s hard to say if the voucher expansion will lead to large numbers of new students enrolling in private schools. In both Iowa and Indiana, analysts expect that nearly 90% of voucher recipients will be current private school students or kindergarteners entering private school.

“I don’t know if we are going to see a rapid expansion,” said Christopher Lubienski, professor at the Indiana University School of Education and director of the Center for Evaluation and Education Policy.

Plus there are limitations on enrollment, such as the capacity of non-public schools and tuition that exceeds the stipends parents receive, as well as students’ access to private schools in rural areas.

Critics, including many Democrats and teachers unions, say the new universal voucher programs amount to a giveaway for families who already can afford private school.

Costs will soar as the programs expand

As newly eligible families apply for vouchers, costs will surge. But by how much, no one knows.

One reason for the uncertainty: Universal vouchers are, in effect, a grand experiment states are conducting in real time. Budget analysts have scrambled to predict the programs’ eventual price tags, but they can only guess at how many freshly eligible families will participate.

Another complication is that lawmakers in some states scrapped enrollment caps when they expanded eligibility, turning the cost ceiling into a question mark.

The uncertainty has led to wildly divergent estimates. In Florida, the Republican lawmaker who sponsored the universal voucher bill pegged the program’s expected cost at about $210 million, while the left-leaning Florida Policy Institute put it at $4 billion. Later, the Florida Senate came up with its own cost estimate: $646 million.

One big point of contention is what percentage of families who currently pay for private school will start using vouchers to cover tuition. The bill’s sponsor guessed that only 50% will apply, which critics called a wild under-estimate. By contrast, the Florida Policy Institute assumed that 100% of eligible private school families will apply.

In Arizona, participation — and price — have far exceeded expectations.

Last June, the legislature estimated that the expanded voucher program would cost about $33 million this school year. But six months later, after applications from newly eligible families flooded in, the expected cost had soared to $276 million — more than eight times the original estimate. The cost has continued to rise as even more students enroll.

As in other states, a large share of the voucher recipients already attend private school or home-school. (When Arizona expanded access last year, 75% of the first wave of applicants had never attended a public school.) For those students, the state cannot simply transfer funds from public to private schools — it must find a whole new pot of money to cover tuition that parents previously paid for.

Now, Democratic Gov. Katie Hobbs is looking to scale back the program, which she warned “will likely bankrupt this state.”

In Indiana, the state previously set aside $240 million annually for private school vouchers. But with the move to near-universal eligibility, the cost is expected to swell to more than $600 million by 2025.

That amount is eye-opening, said Lubienski, who added that it also follows a pattern of shifting costs to taxpayers. While Indiana lawmakers did increase funding for traditional public schools in this year’s legislative session, the lion’s share of attention and largest funding increases went to voucher and charter programs, he said.

School choice advocates stressed that the cost depends on how many students enroll, but others argued that the money allocated to vouchers amounts to the state endorsing private education.

In the wake of her state’s voucher expansion, Indiana state Sen. Andrea Hunley, a Democrat, said she worries about having enough money for the majority of Indiana’s students who attend public schools, especially those who are English language learners, in special education, and from low-income backgrounds.

“Our kids can’t wait to be properly resourced,” she said.

Patrick Wall is a senior reporter covering national education issues. Contact him at pwall@chalkbeat.org.

MJ Slaby oversees Chalkbeat Indiana’s coverage as bureau chief and covers higher education. Contact MJ at mslaby@chalkbeat.org.

Pronouns, libraries, and textbook fees: The K-12 policy changes Indiana lawmakers made this year

2023-05-01T21:45:29+00:00

State legislators have introduced more than 100 new education bills and bills impacting schools and students during Indiana’s 2023 legislative session. For the latest Indiana education news, sign up for Chalkbeat Indiana’s free newsletter here.

This article was originally published in the Indiana Capital Chronicle. It has been edited by Chalkbeat Indiana to only include education and student-focused legislation.

Indiana’s Republican-controlled General Assembly convened for 110 days, during which education, health care, and taxes dominated much of the discourse.

The highlight, however, was the passage of Indiana’s $44 billion biennial budget plan.

Here’s a recap of the education issues — some big, some small — and a look at what prevailed and what didn’t quite come together before the 2023 session came to a close early Friday morning.

Holcomb agenda achieves success

Indiana Gov. Eric Holcomb’s 2023 legislative agenda highlighted proposals for several major funding increases in the next two-year state budget, including paying for all K-12 textbooks, salary increases for state police troopers, and millions more for public health services in all 92 counties.

A massive private school voucher expansion was the sticking point in the final hours of the session — although vouchers weren’t part of Holcomb’s priorities.

Still, the governor got most of what he wanted — saying he will “gladly sign” the final budget draft — and praised lawmakers for their work an hour after the session’s end.

Indiana families shielded from K-12 textbook fees

Indiana’s governor rallied hard to eliminate textbook and curricular fees for Hoosier kids. Figuring out how to fund the ask proved less straightforward, though.

Holcomb’s proposed budget explicitly included a line item for textbook fees — separate from the school funding formula — directing funds to the state education department, which would then be responsible for dishing out textbook dollars to schools.

But House budget writers originally took a different approach, seeking to require schools to dip into their foundational funding to fully pay students’ curricular materials costs.

Pushback from public school officials prompted changes to that funding mechanism in the final budget plan.

Now, a $160 million annual line item — added by Senate Republicans — ensures that Hoosier families will not have to pay student textbook fees in K-12 public schools. Private school students who qualify for free or reduced-price lunch will also see their textbook fees waived, according to the budget.

Grant program for college access gets a boost

The Holcomb administration’s push to get more Hoosiers educated included a move to automatically enroll eligible Hoosier students into Indiana’s 21st Century Scholars Program, a statewide grant program that helps students from low-income backgrounds attend two- and four-year schools.

A bill doing just that advanced to the governor’s desk last week.

House Bill 1449 requires the Indiana Commission for Higher Education to work with the state education department to identify kids who qualify for the program, and then notify students and parents about their eligibility. Students must agree to participate in 21st Century Scholars and can opt out at any time.

Funding for Martin University increases

Also part of Holcomb’s agenda was a proposed $10 million for Martin University — the state’s only predominantly black institution — specifically to help the students from low-income backgrounds, students of color, and adult-learner populations served by the university.

The House GOP budget plan matched that request, but Senate Republicans opted to give every higher education institution in Indiana access to that $10 million over the biennium for students of color, as well as first-generation students and those from low-income backgrounds.

The final budget landed somewhere in between, appropriating $5 million to Martin University, and creating another $5 million pot for all other Hoosier colleges and universities.

Feat of imagination: more kids reading

Country music icon Dolly Parton’s book program mails over two million books monthly to children across the country — and elsewhere — monthly, according to its website. Now, the Imagination Library is set to be available statewide in Indiana.

Launching the program was a priority for Holcomb, as well as some lawmakers, and they saw success in the final version of the state’s two-year, $44.5 billion budget. It’s one line item in the 249-page document: a $6 million appropriation.

Lawmakers address pronoun changes in classrooms

A controversial bill mandating that Indiana schools notify parents when a student asks for name or pronoun changes is now awaiting a signature from the governor.

House Bill 1608 also bans human sexuality instruction to the youngest Hoosier students.

The proposal is reminiscent of Florida’s “Don’t Say Gay” law that has been described by some as one of the most “hateful” pieces of legislation in the country.

Supporters say parents have the “right” and “responsibility” to control what their children learn — and are called — when at school.

But critics of the bill — which was pared down in its final iteration — have argued that it’s part of a nationwide wave of legislation “singling out LGBTQ+ people and their families.” More specifically, they say that the legislation could put transgender children at risk of harm if they’re outed to unsupportive or abusive parents.

New process to govern school library book grievances

In the final hours of the legislative session, Republican state lawmakers resurrected a much-debated ban on materials deemed “obscene “or “harmful to minors” in school and public libraries.

The bill requires school libraries to publicly post lists of books in their collection and create a formal grievance process for parents and community members who live in the district to object to certain materials in circulation.

As part of that process, school boards must review those challenges at their next public meeting. An appeals process must also be established if officials don’t agree with the request.

Language in House Bill 1447 also removes “educational purposes” as a reason that schools or district board members could claim legal protection for sharing “harmful material” with underage students.

Public libraries would not be affected, however, despite other proposals debated earlier in the session that would have expanded the language’s reach. The bill only applies to public and charter schools, not private schools.

Bills on partisan school boards, child care fall short

Republican lawmakers touted big wins across the board at the conclusion of the legislative session, but several big-ticket items didn’t make it across the finish line.

Many of the measures are expected to be reworked and introduced again next year.

A bill that would have let Hoosier communities decide if local school board elections should be partisan died in the House in February.

That means school board races will stay nonpartisan, at least for now. Similar bills have circulated around the Statehouse in years past, and GOP leadership said others are likely to come up again in the future.

With this year’s House Bill 1428, specifically, Republican lawmakers could not find consensus over whether school board candidates should have to be nominated by party primaries or only be listed by political party on the November general election ballot.

Something that didn’t get too much attention through the 2023 session was child care and early childhood education. Though legislators expanded eligibility for On My Way Pre-K from 127% to 150% of the federal poverty limit, roughly $41,625 annually for a family of four, they didn’t add more funding.

Leaders said that current expenditures left money behind, including in the Child Care Development Fund. However, families and businesses alike bemoan the shortage of quality child care available in communities, saying it hampers economic growth.

Indiana Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com. Follow Indiana Capital Chronicle on Facebook and Twitter.

Tennessee legislature sends governor pared-down school voucher expansion bill, omitting Knox County

2023-04-21T19:45:13+00:00

Tennessee lawmakers agreed Friday to expand the state’s private school voucher program to Hamilton County — but not to Knox County — as they prepared to wrap up their legislative session for the year.

The House had approved a bill on Wednesday to add both counties to the program now operating in Shelby County and Metro Nashville to let eligible families use taxpayer money toward private school tuition.

But the Senate, which voted in February to extend vouchers to Chattanooga-based Hamilton County, rejected the wider House expansion bill on Thursday without explanation.

On Friday, the House voted 57-27 to concur with the Senate version and send the measure to Gov. Bill Lee for his signature.

The final bill, while pared down, marks the first major expansion of the private school voucher program, which launched last fall under a 2019 law that cleared a series of legal hurdles last year but still faces challenges in court.

With 44,000 students, Hamilton County Schools is one of the state’s largest districts.

Lee pressed for the law to give parents more education choices for their children. But detractors say that private school vouchers do not improve student outcomes and divert scarce resources from public schools that serve most students who are disadvantaged or have special needs.

Tennessee’s law caps enrollment at 5,000 students in the program’s first year. The program has significant room to grow, based on the latest numbers from the state education department.

As of April 14, the state had approved 705 applicants to use vouchers this school year to exit Memphis-Shelby County Schools and Metro Nashville Public Schools. Of that number, 453 applicants had submitted proof that they’ve enrolled in state-approved private school and are using their voucher of nearly $8,200 toward tuition.

While there was no discussion on the Senate floor about reasons fo rejecting the House’s proposed expansion to Knox County, none of the three Republican members who represent that area — Sens. Richard Briggs and Becky Massey and Lt. Gov. Randy McNally — supported it.

“I think we have a very good school system in Knox County and that parents already have a lot of choices,” Briggs told Chalkbeat last month.

He noted that students in his district have the option to attend magnet schools, a charter school, specialized learning academies, and international baccalaureate programs, and to transfer among the district’s 90 schools, as long as there’s space available.

“The last time we voted on (school vouchers) in the legislature, the majority of our Knox County delegation voted against it,” Briggs added. “And there’s definitely not support for them among our citizens.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Bill to extend private school vouchers to Hamilton and Knox counties clears Tennessee House

2023-04-19T19:06:15+00:00

Tennessee’s House voted Wednesday for a bill to extend vouchers to Hamilton and Knox counties, just months after the purported pilot program launched in Shelby County and Metro Nashville to let some families use taxpayer money toward private school tuition.

The proposal passed 57-35 and now returns to the Senate, which voted in February to add Hamilton County before the House sponsor introduced an amendment to include Knox County, too.

If it becomes law, the wider expansion bill will bring Gov. Bill Lee’s education savings account program to all four of the state’s urban districts.

The push shows the Republican-controlled legislature’s desire to expand the program quickly after it cleared a series of legal hurdles that had delayed its launch as a pilot program under a 2019 law. The law still faces challenges in court from the Shelby County and Metro Nashville governments.

The state comptroller’s first report on how well the pilot is working isn’t due until Jan. 1, 2026, but that hasn’t stopped Republican lawmakers from pursuing a quick expansion.

“Why would you add two additional counties to an unproven, unsubstantiated program?” asked Rep. Sam McKenzie, a Knoxville Democrat, before voting against the bill. A pilot program, he argued, is designed to test an idea’s effectiveness on a small scale.

“This will actually help us collect more data by having more counties,” responded Rep. Mark White, a Memphis Republican who is co-sponsoring the measure with Sen. Todd Gardenhire of Chattanooga.

Critics say private school vouchers do not improve student outcomes and divert scarce resources from public schools that serve the bulk of students who are disadvantaged or have special needs — also leading to more segregated schools.

White said parents simply want more options for their children’s education. He added that he is seeking to add Hamilton and Knox counties at the request of several lawmakers who represent those areas, including Republican Rep. Michelle Carringer of Knoxville, who spoke on the floor in favor of the bill.

But several Democrats representing both counties said the support of some GOP lawmakers wasn’t good enough.

“The citizens of Knox County, the majority of them, do not want vouchers,” said Rep. Gloria Johnson of Knoxville.

Rep. Yusuf Hakeem, a Chattanooga Democrat, represents Hamilton County and previously served on the local school board.

Rep. Yusuf Hakeem, of Chattanooga, added: “What you’re telling us is that it’s not relevant what the parents think in those communities. It’s not relevant what the community leaders think.”

Tennessee’s voucher law caps enrollment at 5,000 students in the program’s first year, far above the current enrollment.

As of April 14, the state education department had approved 705 applicants to use vouchers this school year to exit Memphis-Shelby County Schools and Metro Nashville Public Schools. Of that number, 453 applicants had submitted proof that they’ve enrolled in state-approved private school and are using their voucher of nearly $8,200 to pay toward tuition, a department spokesman said.

The program is already poised to expand next school year under a separate bill passed earlier this session and signed into law Monday by Lee. That measure extends voucher eligibility to students who attended private or home schools during the last three school years. Previously, a student had to move directly from a public to private school.

You can track the bill to extend vouchers to Hamilton and Knox counties on the state legislature’s website.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Religious charter school rejected in Oklahoma, but a national fight looms

2023-04-12T00:36:59+00:00

Chalkbeat is a nonprofit news organization covering public education in communities across America. Sign up for our free weekly newsletter to keep up with how public education is changing.

A state board in Oklahoma voted down Tuesday an application for the country’s first religious charter school, highlighting the legal uncertainty around using tax dollars to directly pay for religious education.

In rejecting the school’s initial application, board members acknowledged that the larger issue of whether religious charter schools pass legal muster would likely be settled by the U.S. Supreme Court. The court has already ruled that states cannot exclude religious schools from private school choice programs.

If the court eventually rules in favor of religious charter schools, as some legal experts expect, it could have broad implications for the separation of church and state, as well as lead to more charter schools and less money for traditional public schools.

“This is a huge deal,” said Preston Green, an education law professor at the University of Connecticut, “and not just for red states, but for the entire country.”

The unanimous vote, which came after about two hours of discussion by Oklahoma’s five-member Statewide Virtual Charter School Board, delayed a final decision on the application for St. Isidore of Seville Catholic Virtual School. The school can submit a revised application, which could come before the board again as soon as next month.

Board members raised a number of issues with the application, from how the proposed charter school would serve students with disabilities to its management structure to how it would ensure internet connectivity for students. But the thorniest question was whether it was even legal to approve a charter school with an explicitly religious mission.

“The constitutional issue is a big high hurdle,” said Board Chairperson Robert Franklin.

Another board member, Scott Strawn, said, “Is it settled law? That’s the gray area we’re all living in.”

The Catholic Church in Oklahoma City and Tulsa proposed the online charter school as a way to reach students in rural areas with few local schools. Named for the patron saint of the internet, the St. Isidore school would eventually enroll up to 1,500 students statewide in kindergarten through 12th grade.

Charter schools are publicly funded but operated by private groups rather than local school boards. Some religious groups run charter schools, but the schools are fully secular.

By contrast, the Oklahoma charter school would be explicitly religious. The school application says Catholic schools are “places of evangelization” that serve the mission of the church. The online charter school would display religious symbols such as crucifixes, and students would study religion and attend church services, the application says.

Before the vote Tuesday, the board heard from several commenters opposed to religious charter schools.

Bruce Prescott, a retired Baptist minister, said religious charter schools would “upend the entire educational landscape in Oklahoma.”

“One of the hallmarks of public schools in America is that they are non-discriminatory and secular in their acceptance of all students regardless of their faith or beliefs,” he said.

A proposed religious charter school sparks debate

Critics say the proposed school would violate state laws and the “establishment clause” in the U.S. Constitution’s First Amendment, which prohibits the government from endorsing any religion. They have also raised concerns that the school could discriminate against students or employees based on their religion, sexual orientation, or gender identity.

In its application, the church said the school would adopt an anti-discrimination policy, but would also defer to Catholic teachings on issues such as marriage and homosexuality, which the church considers immoral when acted upon. In interviews, Oklahoma church officials have declined to say whether the school would admit openly gay or transgender students.

“St. Isidore plans to, or at the very least reserves the right to, unlawfully discriminate in admissions and employment,” said a letter to the state virtual charter school board from Americans United for Separation of Church and State, a legal advocacy group that opposes the proposed school.

Proponents of the school argue that it is the state’s charter school law, not the proposed school, that violates the First Amendment. They say that stopping religious groups from operating charter schools according to their faith amounts to religious discrimination.

In December, Oklahoma’s former Republican attorney general issued an opinion saying the state’s ban on religious charter schools likely violated the First Amendment. But shortly after, the state’s newly elected Republican attorney general withdrew the opinion, saying it tried to “justify state-funded religion.”

The state’s Republican governor attacked the move by Attorney General Gentner Drummond.

“You contend that the United States and the Oklahoma Constitutions permit, and indeed require, the state to discriminate against religious organizations seeking authorization to operate charter schools,” Gov. Kevin Stitt wrote in a letter to Drummond. “In fact, the opposite is true.”

Several members of the statewide virtual charter school board noted the differing legal opinions in the discussion Tuesday. Franklin, the board chair, said he asked prior to the meeting if board members would have legal protection and “support from the attorney general’s office” if they were sued after the final decision.

“We’re not going to be able to answer that legal question,” he said.

The big legal question: Are charter schools public or private?

Both sides of the debate about whether charter schools can be religious tend to agree that, under the U.S. Constitution, public schools cannot promote religion. Where they disagree is whether charter schools are truly public schools.

In legal terms, the question is whether charter schools are “state actors.” If so, they cannot impose religious beliefs on students.

Derek Black, a law professor at the University of South Carolina, said charter schools are clearly state actors.

“I would say there’s 101 reasons why they are state actors,” he said, “and none why they are not.”

He noted that charter schools and traditional public schools both receive public money, cannot charge tuition or turn students away, and must adhere to state academic standards. Unlike traditional public schools, charter schools don’t answer to elected school boards and they enjoy flexibility from some state regulations. But those qualities don’t make charter schools “private actors,” Black argued.

If Oklahoma were to approve the plan for a religious charter school, the state would essentially be endorsing the school’s religious beliefs, Black said.

“That is the state adopting private religious beliefs as the state’s curriculum,” he said. “That stamp all by itself is state action.”

But proponents of religious charter schools argue they are more private than public.

Nicole Stelle Garnett, a law professor at the University of Notre Dame, said charter schools do not qualify as state actors because their actions cannot be attributed to the government. In fact, she argues, the premise behind charter schools is that they operate independently of the state in a way that traditional public schools cannot.

“That’s kind of the whole point of charter schools,” she said, “to foster pluralism and foster innovation by giving them freedom from government control.”

Whether or not charter schools are state actors is at the heart of a legal case in North Carolina, where a student sued a charter school that requires girls to wear skirts. The school has argued that it is not subject to federal anti-discrimination laws because it is not a state actor.

A lower court ruled against the school, which appealed to the Supreme Court. In January, the court asked the Biden administration to weigh in on the matter, which could signal the court’s interest in the legal question.

Based on recent Supreme Court rulings that said states cannot stop religious schools from receiving public benefits, some legal experts think the court’s conservative majority will declare that charter schools are not state actors — and therefore free to promote religious beliefs. Such a ruling would raise a new set of issues, including whether religious charter schools may discriminate against students or staffers on religious grounds.

“Those are questions that remain unanswered,” Garnett said.

Some of the original proponents of charter schools, however, say any attempt to mix charter schools and religious instruction runs counter to the intent of those schools.

“If a religious school receives public funding, that is not a charter school and should not be called that,” said Ember Reichgott Junge, a former Democratic state senator in Minnesota who wrote the senate version of the country’s first charter school law, which passed in 1991. “It’s something else.”

Patrick Wall is a senior reporter covering national education issues. Contact him at pwall@chalkbeat.org. Cara Fitzpatrick is a story editor at Chalkbeat.

Tennessee’s latest private school voucher expansion proposal would add Knox County, too

2023-03-23T23:13:53+00:00

Tennessee’s private school voucher program, currently limited to eligible students attending public schools in Memphis and Nashville, would expand to all four of the state’s urban districts under new legislation.

A bill to extend the program to Chattanooga-based Hamilton County Schools passed last week in the Senate. And under a new GOP measure filed recently in the House and facing its first vote next week, the bill could be amended to include Knox County Schools, too.

Rep. Mark White of Memphis, who is co-sponsoring the expansion bill with Sen. Todd Gardenhire of Chattanooga, said Thursday that he is seeking to add Tennessee’s third largest district at the request of some Republican state lawmakers from the Knoxville area.

The proposal marks the latest effort to expand eligibility for Gov. Bill Lee’s education savings account program, which gives taxpayer money to eligible families to use toward private school tuition.

The program launched last fall as a pilot program under a 2019 voucher law that surmounted a string of legal obstacles and continues to be challenged in court. The law allows up to 5,000 students to participate in the program’s first year, but according to the Tennessee Department of Education, the state has approved just over 700 applications so far for families wanting to exit Memphis-Shelby County Schools and Metropolitan Nashville Public Schools this school year.

The House Education Administration Committee, which White chairs, is scheduled to consider the expansion bill and White’s Knox County amendment on March 29.

Rep. Mark White, of Memphis, chairs the House Education Administration Committee.

Rep. Bryan Richey has filed a more ambitious amendment to take vouchers statewide, but White does not expect a vote on the Maryville Republican’s proposal.

“If he tries to run that amendment, it will kill Gardenhire’s bill,” said White. “I told him, ‘Don’t run it this year; run it next year.’”

That comment — and this year’s expansion bill — are indicative of the larger goal of the governor and many Republicans, according to Rep. Gloria Johnson, a Knoxville Democrat who opposes vouchers.

“They’re going to push the envelope,” Johnson said, “until all of Tennessee’s public tax dollars for education are going to private schools and charter schools. And none of those schools are being held to the same standard as our traditional public schools.”

Lee, who recently began his second term as governor, has said he wants both high-quality public schools and more education choices for families, even as vouchers and charter schools redirect funding away from traditional public schools.

When Gardenhire filed the original expansion bill in December, he said Hamilton County Schools would be the only district affected. But White said state lawmakers from several other counties approached him later about including their local school districts, too.

On Wednesday, Gardenhire told Chalkbeat that he supports the effort to add Knox County to his legislation. If the House approves it, he plans to bring the bill’s expanded scope back to the Senate for a vote.

But several other Knox County lawmakers, including at least one Republican, say they will vote against any expansion.

“I think we have a very good school system in Knox County and that parents already have a lot of choices,” said Republican Sen. Richard Briggs of Knoxville.

Briggs noted that students have the option to attend magnet schools, a charter school, specialized learning academies, and international baccalaureate programs, and to transfer among the district’s 90 schools, as long as there’s space available.

Knox County’s school board has passed multiple anti-voucher resolutions through the years. However, that body has become more divided since 2022 elections when a new state law opened the door to partisan school board races and drew local education policy under the influence of the national political divide.

Jennifer Owen, a Knox County school board member who was not up for reelection last year, said she opposes vouchers.

“I’m getting texts from a lot of concerned people here,” Owen said of the expansion amendment. “I think people who push this kind of thing brand it as school choice, and people just don’t know what that means. But in fact, we already have lots of learning options for kids.”

Five Republican representatives from Knox County have signed on as co-sponsors of White’s bill: Michele Carringer, Elaine Davis, Jason Zachary, Justin Lafferty, and Dave Wright.

On Thursday, Davis, Zachary, and Lafferty told Chalkbeat that they support White’s amendment but declined to comment on why.

Johnson, one of two Knoxville Democrats in the legislature, said voucher support from a few Republican legislators is not an accurate gauge of what most Knox County voters want.

“They are answering to special interests, not the majority of their constituents,” she said.

A second GOP-sponsored voucher bill advancing through the legislature also would expand eligibility for education savings accounts, although not to the same extent as the Hamilton-Knox legislation.

Sen. Jon Lundberg, of Bristol, and Rep. Chris Todd, of Jackson, are seeking to expand eligibility to students in Memphis and Nashville who attended private or home schools during the last three school years. The current law says a student must move directly from a public to private school to be eligible for the program.

Their bill cleared the Senate in February and is scheduled for a vote on the House floor on March 30.

Tennessee’s voucher law refers to education savings accounts as a “pilot program” and directs the state comptroller to report on the program’s efficacy after its third year of enrolling students. But because ongoing litigation delayed the program’s launch, the first report isn’t due until Jan. 1, 2026.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Indiana parents, education advocates split over school choice budget increases

2023-03-17T15:27:15+00:00

Indiana’s 2023 legislative session is under way, and state legislators have introduced more than 100 new education bills and bills impacting schools and students. For the latest Indiana education news, sign up for Chalkbeat Indiana’s free newsletter here.

This article originally published in the Indiana Capital Chronicle.

Dozens of Hoosiers descended upon the Statehouse to call for increased K-12 funding in the next state budget, but much of the testimony heard on Thursday was split over a pending proposal to more than double taxpayer spending on Indiana’s school choice voucher program.

The Senate School Funding Subcommittee heard more than five hours of testimony on the possible voucher expansion, as well as other K-12 budget requests for English learners and special education.

Discussions also centered around “equalized” funding for charter schools.

School district officials and advocates for traditional public education noted that 90% of Hoosier kids attend public schools. As such, they called for even greater increases to tuition support to cover rising costs due to inflation, and to compensate for an unfunded mandate in the current budget proposal that would require schools to dip into base funding to cover textbook costs.

The very nature of private schools means that they can — and do — discriminate. – Joel Hand, of the Indiana Coalition for Public Education

That state’s largest teacher’s union additionally emphasized that under the House-approved version of the budget, private school vouchers would get a 70% funding boost in Fiscal Year 2024. Traditional public schools would see only a 5% increase, however.

School choice supporters said parents deserve the right to more flexibility and customization in their children’s education. Doing so requires increased access to private schools, but also public charters. Those schools cannot currently draw on local property tax dollars like traditional public schools can, but a new funding stream carved into the House Republican budget seeks to remedy that.

Nearly half of the House Republican budget, 48%, goes to K-12 education, which will get a boost of nearly $2 billion over its current appropriation. One-third of that new funding will go to the Choice Scholarship program — which allows families to receive vouchers to attend private schools. And another chunk would come off the top to cover textbooks.

“Every dollar that goes to a public school gets put to use in helping ensure that the school can meet the educational needs of every kid who lives in that community … this is just the basic duty that we owe to our kids and our communities,” said Diane Hannah, a mom of three from Carmel. “This voucher expansion, by contrast, is a luxury. It is redundant. This budget would send tax dollars to wealthy Hoosiers to do something that they already can afford to do.”

The Senate likely won’t unveil their version of the state budget until later this month. A final version of the budget is expected by the end of April.

School choice versus ‘inequitable funding’

Expanded eligibility for the voucher program would raise the income ceiling to 400% of the amount required for a student to qualify for the federal free or reduced price lunch program, equal to about $220,000.

Currently, vouchers are limited to families that make less than 300% of the federal poverty level, meaning a family of four can make up to $154,000 annually.

After the expansion, the program would cost the state an estimated $500 million in fiscal year 2024, and another $600 million in the following fiscal year. The current state budget appropriates $240 million annually for the Choice Scholarships.

“We’re funding more and more money for students to go to private schools, when their results academically are decreasing,” said Joel Hand, representing the Indiana Coalition for Public Education and the American Federation of Teachers of Indiana. He pointed to a 2018 study by researchers at the University of Notre Dame which found that Hoosier students who leave public schools to attend voucher institutions showed declines in both math and language arts.

“Private school choice is not educational freedom for the parents, but is rather an opportunity for these private schools to pick and choose which students they want,” Hand continued. “The very nature of private schools means that they can — and do — discriminate.”

But John Elcesser, executive director of the Indiana Non-Public Education Association, said parents should have a say over where their tax dollars go when it comes to educating their kids.

While the group hopes to see an elimination of the income ceiling, Elcesser said the 400% cap is a good move, in the meantime. The association additionally supports the House’s proposed elimination of the eight pathways currently in place that determine student eligibility for the voucher program.

“I often say you need a PhD to understand who is actually eligible for the program,” Elcesser said. “Removal (of the pathways), if nothing else, would simplify the program so parents might have a better understanding if they’re eligible to participate or not.”

Elcesser noted, too, that the non-public school group wants to see Choice Scholarship eligibility expanded to include kindergarteners.

Multiple parents who testified Thursday further expressed support for a GOP-backed plan to ensure that every non-virtual charter school receives the same amount of per student funding as traditional public schools.

Voucher schools receive state funding but are not required to operate within the same parameters as local public schools. For instance, they don’t have elected school boards and don’t have to justify their spending. They also can reject any student. Critics have long maintained that such schools lack transparency and accountability to the public.

Meanwhile, charter school critics have long argued that such schools are not obligated to serve every student in a given community — unlike their traditional public counterparts.

The public charters also have private boards and are therefore not accountable to voters, opponents say. They held, too, that finances at charter schools are also less transparent, given that they are not subject to the same budgetary oversight as traditional public schools.

More dollars still needed for ELL, special education

Still, school officials from across the state called for more resources to address increasingly common — and costly — behavioral and mental health needs among students.

“Teachers have been burdened with doing more to support the mental health and wellness of students which diminishes their ability to focus on teaching and learning,” said Terry Spradlin, executive director of the Indiana School Boards Association, noting that Indiana’s ratio of students per school counselor, 694 students per one counselor, ranks the state last in the nation.

David Clendening, Superintendent at Franklin Community Schools, added that his district needs more funding to help counsel and educate “violent, behavior-dysregulated students.”

“The increase is no longer gradual,” he said of such students, of whom many struggle with trauma, mental and behavioral health conditions, learning disabilities and family issues. “We think the root issues are many and varied. Violent, aggressive, disruptive and otherwise dysregulated children can be complex and challenging.”

Although Indiana schools could see increases to foundation grants — the basic grant for every student — of 4% in fiscal year 2024 under the draft budget, those grant amounts would go up just 0.7% in the following year. Denny Costerison, executive director of the Indiana Association of School Business Officials, said that means about three out of every four Indiana school districts would get less than a 2% increase — or less funding overall — in 2025.

Kathy Friend, chief financial officer at Fort Wayne Community Schools, said her district stands to lose over $17 million under the model in combination with the requirement to cover students’ textbook fees.

Supplemental “complexity” funding schools receive for low-income and at-risk students is also set to increase under the House Republican plan — up 4.4% in fiscal year 2024 and 1% in fiscal year 2025. Friend said that’s a welcome increase for Fort Wayne Community Schools, which serves one of the largest English learner populations in the state.

Mary Bova, a teacher for English learners in Indianapolis, said she also wants to see more ELL funding in the state budget, citing her own caseload of 67 students — far more than the state recommendation of 30 students.

“Being an ELL teacher has been the most heartbreaking and rewarding profession imaginable. It’s heartbreaking because so many of my students are misunderstood, and often called lazy, but they are undoubtedly the hardest working people I know,” Bova said, adding that charter schools deserve more funding, as well, to help support growing populations of English learners attending those schools. “If ELL students had more funding, my school may be able to afford more teachers, more support and more resources for students who need it.”

Indiana Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com. Follow Indiana Capital Chronicle on Facebook and Twitter.

Private school voucher and charter-friendly bills sail through Tennessee Senate

2023-02-28T01:34:39+00:00

The Tennessee Senate on Monday approved two Republican-sponsored bills that would expand and clarify eligibility for students to receive private school vouchers or enroll in charter schools.

Both measures passed 27-5 along partisan lines and now await action in House committees.

Sen. Jon Lundsberg, of Bristol, sponsored the bill to expand eligibility for Gov. Bill Lee’s education savings account program to students who attended private or home schools during the last three school years. The current law says a student must move directly from a public to private school to be eligible for the program, which launched last fall in Memphis and Nashville.

A second bill, sponsored by Sen. Todd Gardenhire of Chattanooga and Rep. Charlie Baum of Murfreesboro, would cap enrollment at charter schools — which are publicly funded but independently operated — at 25% for students who live outside the school district that authorized the charter. The House is scheduled to take up that bill on Tuesday in its K-12 subcommittee.

Meanwhile, House Speaker Cameron Sexton filed legislation that would let the Tennessee Public Charter School Commission approve charter schools to serve home school students, as well as residential boarding schools that are charters. Those charter applicants could apply directly to the state-appointed commission for authorization, without having to go through local school boards.

All measures seek to continue the Republican governor’s push to expand education choices for families. But critics say vouchers and charter schools are vehicles to privatize education at the expense of traditional public schools, which operate under stricter regulations, provide more transparency through their locally elected school boards, and serve the bulk of students who are disadvantaged or have special needs.

Under the education savings account bill, co-sponsored by Rep. Chris Todd of Madison County, voucher eligibility would be extended to students who did not complete a full year in public school after 2019, when the legislature approved the voucher law.

“The reason we’re doing this is because that legislation was locked up in the courts for a couple of years,” Lundberg said about ongoing litigation that halted the voucher program’s planned 2020 launch before a 2022 Tennessee Supreme Court ruling upheld the law.

Last week, Lundberg told the Senate Education Committee the change would open eligibility to many students who have applied to receive education savings accounts but were denied because they weren’t moving directly from public to private schools. So far, the state has approved 643 out of 1,273 applications, he said.

The voucher program, which provides taxpayer money for families to use toward private school tuition, is open to students in Memphis and Nashville but could be expanded to Chattanooga-based Hamilton County Schools under legislation approved by the Senate last week. That bill is scheduled for its first vote in a House subcommittee on Tuesday.

The charter school bill approved on Monday is backed by the Tennessee Charter School Center, an advocacy organization funded by pro-charter groups.

Currently in Tennessee, it’s generally up to the local school district that authorizes a charter school, as well as the governing body that oversees that charter school, to determine how many out-of-district students can enroll.

Gardenhire said his bill seeks to address confusion around those policies with a state law that would cap out-of-district enrollment at 25%, and give priority to students from within the school district.

Sen. Jeff Yarbro, who voted against Gardenhire’s bill, said local school districts should be able to control enrollment policies for the charter schools that they authorize.

“If they’re making that decision for the public schools in their district, that same policy ought to apply to the charter schools in the district,” said the Nashville Democrat. “I think that ought to be a uniform policy.”

Elizabeth Fiveash, chief policy officer for the Tennessee Charter School Center, testified last week that out-of-district student enrollment in charter schools isn’t an issue in the four cities that have charter schools. However, it could be in the future as the state’s charter sector expands.

She told members of the Senate Education Committee that charter schools statewide have a waiting list of over 10,000 students, most of whom come from within the authorizing district.

“This is not an issue that’s currently happening,” Fiveash said, “but we’re trying to make sure it’s clear going forward.”

Sexton’s legislation, which is co-sponsored by Lt. Gov. Randy McNally, would mark a significant expansion of Tennessee charter school law.

Under the proposal, the state could authorize charter schools to enroll homeschooled students from within any school district in Tennessee. Those schools would be required to provide classroom instruction at least three days per week, while parents providing instruction the other two days could use remote instruction provided by the charter school.

Lundberg and Rep. Mark White of Memphis, who chair education committees for their respective chambers, have signed on as co-sponsors.

Editor’s note: This story has been updated with information about Sexton’s charter school legislation.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Indiana senators not so keen on voucher expansion included in House budget

2023-02-24T15:55:43+00:00

This article originally published in the Indiana Capital Chronicle.

Top Indiana senators said they aren’t so sure about a House Republican budget plan that would more than double taxpayer spending on the state’s “school choice” voucher program.

House lawmakers on Thursday approved their version of the budget, punting it over to the Senate.

But pushback is already mounting against provisions that seek to generously expand eligibility for the state’s “school choice” program — which allows families to receive vouchers to attend private schools.

Republican Senate Pro Tem Rodric Bray said that while his chamber is “passionate about school choice, too,” he’s skeptical his caucus will be on board with the House proposal.

“I’m a little hesitant on that,” he said Thursday, pointing to “a big number” price tag to allow a majority of Hoosiers to qualify for the school choice program. “Every year the voucher piece is a big discussion on the budget. We’ll have some other conversations, as well, but that will be a big one.”

He also hinted at support for more voucher school accountability, but spared any specifics.

Republican House Speaker Todd Huston remained firm, however, that his caucus has no interest in adopting additional transparency or accountability guardrails.

“The program as it exists has been extraordinarily successful,” Huston said. “We feel very good about where we are … [the Senate] will have different priorities, and we’ll work through those different priorities with them.”

Senate expected to hit the brakes

The new voucher dollars account for roughly a third of the $2 billion in new, additional state funds that House Republicans want to earmark for K-12 education over the biennium.

Rep. Jeff Thompson, R-Lizton, who chairs the House Ways and Means Committee, said the decision comes as a way to increase “options” for Hoosier parents.

Expanded eligibility for the Choice Scholarship program — which allows families to receive vouchers to attend private schools — would raise the income ceiling to 400% of the amount required for a student to qualify for the federal free or reduced price lunch program, equal to about $220,000, according to the House budget.

Currently, vouchers are limited to families that make less than 300% of the federal poverty level, meaning a family of four can make up to $154,000 annually.

Bray said he also wasn’t sure the Senate would support the House’s proposed elimination of the eight pathways currently in place — in addition in income requirements — that determine student eligibility for the program.

“When you move it up to 400% of the poverty level, it’s a big number there. And when you get rid of the pathways, that really accentuates that,” Bray said. “We’re going to take a very close look at it.”

Voucher schools receive state funding, too, but are not required to operate within the same parameters as local public schools. For instance, they don’t have elected school boards and don’t have to justify their spending. Critics have long maintained that such schools lack transparency and accountability to the public.

The latest pushback came from a top GOP senator who called for voucher school reforms — not expansion — in the current legislative session.

Sen. Ryan Mishler, R-Mishawaka, said that Senate and House disagreements on voucher spending predated this year’s expansion and senators consistently preferred a smaller amount than their House counterparts.

“That’s something we’ve always negotiated,” Mishler told the Indiana Capital Chronicle Thursday.

When crafting the last state budget, Mishler said his caucus agreed with the House’s voucher request though he personally objected.

In his recent letter urging Hoosier parents to rethink charter schools he called for additional guardrails, pledging not to support “one additional dollar spent” on the voucher program without student protections.

But even though he chairs the Senate’s powerful Appropriations Committee, Mishler said he still abided by the wishes of the overall caucus.

“That’s what people are misinterpreting — I can’t control that,” Mishler said. “I personally am reluctant to support an expansion until I can get some protections… [but] I’m not trying to take down this program, I’m actually trying to strengthen the program.”

Mishler said he was meeting with voucher proponents to discuss future guardrails for voucher schools but specific solutions would come out later.

“Our caucus members just have to ask themselves — they’re spending over half a billion dollars to increase the eligibility. For our members … What do they want to give up to get to that dollar? I think that’s really the overall question,” Mishler said. “But I can’t control what we do. I always go to the caucus.”

House leadership still committed to expansion

Indiana has about 87,000 private school students, according to the Indiana Department of Education (IDOE). About 44,000 of those use the state’s Choice Scholarship program — which allows families to receive vouchers to attend private schools. But under the House GOP plan, the remaining 43,000 would be eligible for the grant, which would average around $7,500 statewide.

Still, about 90% of Hoosier students currently attend a traditional public school.

Huston held that the “hundreds of thousands of kids” that have used Indiana vouchers in the last decade are a testament to the program’s popularity — and a sign that increased eligibility would boost participation even more.

“They’re popular. They’re popular with families,” he said. “We see no reason why we shouldn’t continue to expand.”

Thompson additionally maintained earlier this week that private school tuition vouchers will “save the state money.”

“We’re educating 100,000 students [at voucher schools] for half the cost of those at traditional public schools,” Thompson said, pointing to debt service costs at public schools that “costs the state more money.”

“That’s a great deal for taxpayers, and also just honors a philosophy that I think a lot of us have, that parents should make what they believe is the best choice for their students,” he continued.

The Senate now takes the reins on the budget. But the chamber isn’t likely to unveil its spending plan for another month, closer to the release of the state’s next fiscal forecast.

Indiana Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com. Follow Indiana Capital Chronicle on Facebook and Twitter.

Tennessee private school voucher expansion bill clears first legislative hurdle

2023-02-09T00:49:59+00:00

A proposal that would expand eligibility for private school vouchers to students in a third large Tennessee school district passed easily out of its first legislative committee on Wednesday.

The Senate Education Committee voted 6-2 to advance a bill to bring the state’s education savings account program to Hamilton County Schools.

If the legislation becomes law, eligible families in the Chattanooga-based district, which has 44,000 students, could apply to receive taxpayer money to pay toward private school tuition next school year.

The program, pushed by Republican Gov. Bill Lee, launched this school year in Memphis and Nashville after the Tennessee Supreme Court upheld the 2019 voucher law last spring. Metro Nashville and Shelby County governments continue to challenge the law’s constitutionality and have appealed their case to the Tennessee Court of Appeals.

The expansion bill passed out of committee with little discussion.

Sen. Todd Gardenhire, a Chattanooga Republican sponsoring the measure, said his proposal “just adds Hamilton County to the ESA pilot program” and wouldn’t affect other counties or school districts.

But Senate Minority Leader Raumesh Akbari said it’s too soon to broaden a new state program that’s intended as a pilot to see if education savings accounts are effective.

“I don’t think there’s been enough time to even see if it will be successful,” said Akbari, a Memphis Democrat who voted “no” with Republican Sen. Joey Hensley of Hohenwald.

“I was opposed to it being piloted in Shelby County and in Davidson County as well,” Akbari added.

Sen. Rusty Crowe, a Republican from Johnson City, declined to vote.

The law directs the state comptroller to report on the program’s efficacy after its third year of enrolling students, which would be by Jan. 1, 2026.

As of Monday, the state education department had approved 643 applications to use vouchers, three-fifths of which are from families wanting to leave Memphis-Shelby County Schools.

You can track the bill on the state legislature’s website.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Gov. Lee aims to raise minimum salary for Tennessee teachers to $50,000 by 2027

2023-02-07T11:00:00+00:00

Gov. Bill Lee announced Monday that he’ll propose legislation to increase the minimum salary for Tennessee teachers from $41,000 to $50,000 over the next four years.

If the proposal passes, the new base salary in the fall of 2027 would be up 42% from 2019, Lee’s first year in office, when the state’s minimum teacher pay was $35,000.

The Republican governor has sought to raise teacher compensation annually and said he wants $125 million more toward pay increases next school year.

He didn’t give details about his long-term pay proposal during his state address Monday night before a joint session of the Tennessee legislature. But his brief comments about teacher compensation prompted two standing ovations from lawmakers in a state that ranks toward the bottom in K-12 funding and where many teachers have to work 10 to 15 years to reach a salary of $50,000.

Lee’s education chief, Penny Schwinn, told Chalkbeat that a large jump in base pay would transform efforts to recruit educators to the profession — and retain them in subsequent years.

“This is a game changer in terms of how we talk about the profession, how we compensate the profession,” Schwinn said. “This is that retention component that is going to be critical.”

Raising base pay would have a “domino effect” on how more experienced teachers are paid, too, she said.

“You raise the minimum, which raises the midpoint, which raises the end-point salary. That’s what we see every year that we’ve raised the base salary by about a thousand dollars. You see a domino effect for all of the salary schedules statewide,” Schwinn said.

In conjunction with his address, Lee’s administration released his $55.6 billion proposed budget for next fiscal year, recommending that the state’s largest new investment — $3.3 billion worth — go to repair and build roads and bridges to address Tennessee’s decaying transportation infrastructure.

For education, he proposed adding $350 million to the $750 million in recurring funds already approved to launch the state’s new education funding formula, known as the Tennessee Investment in Student Achievement, or TISA, which takes effect July 1. Signed into law last year, TISA will replace the state’s 30-year-old funding system and sets a base funding rate of $6,860 per pupil, then distributes additional money to support students who need the most help.

The governor asked the legislature to approve one-time funding of $20 million for school safety grants and nearly $30 million for a related school safety initiative to hire at least one Homeland Security special agent in each of the state’s 95 counties to work with local schools and law enforcement.

“We’ve done a lot to make schools safer, but I don’t want to look up months from now and think ‘we should’ve done more,’” said Lee, promising to prioritize school safety every year he’s in office.

He’s also asking for recurring new funding of nearly $61 million to extend summer learning camps across Tennessee and to expand eligibility from grades 4-8 currently to kindergarten through the ninth grade, plus $10 million to provide bus transportation to and from those camps.

Lee seeks more funds for charter commission

Lee used his annual address to tout both public schools and voucher programs that give parents taxpayer money to send their children to private schools. He introduced Vincent Hunter, principal at Whitehaven High School in Memphis, which has expanded dual enrollment, advanced placement, and foreign language course opportunities and boasts a graduation rate above 90%. He also introduced Nashville fourth-grader Natalia Serrano, who enrolled in Holy Rosary Academy through Tennessee’s education savings account program, which kicked off this school year.

“I have always believed that we should strive to have the best public school system in the country — and provide choices for parents,” Lee said.

But Lee made no mention of charter schools in this year’s address, after using the platform a year ago to endorse a “partnership” with Michigan’s Hillsdale College to open classical charter schools in Tennessee that align with his conservative ideology. That effort initially failed (although Hillsdale’s American Classical Education charter group is trying again and recently submitted applications to open schools with five Tennessee districts).

Lee’s spending plan, however, includes more than $1 million more in recurring funding to support the state’s new Charter School Commission and its growing portfolio of state-authorized charter schools.

In his speech and budget blueprint, the governor called for more support for new mothers, foster care, and crisis pregnancy centers. He proposed investing $193.5 million to bolster the state’s embattled children’s services agency, which has been under scrutiny for sweeping failures in overseeing Tennessee’s most vulnerable children.

“DCS caseworkers have an incredibly difficult job, and they deserve our support,” Lee said. “Last year, we provided two pay raises for caseworkers, and I intend to boost their pay again in this budget.”

Critics say Lee’s policy plans fall short

The governor’s teacher pay proposals drew cautious comments from the Tennessee Education Association, the state’s largest teachers organization, which noted that Alabama’s minimum starting salary for a teacher this year is $43,358.

“Tennessee has a long way to go to reach Gov. Lee’s goal of a starting salary of $50,000, but the state is well positioned to make this a reality sooner rather than later as we continue to record significant surpluses,” the group said in a statement.

For instance, Tennessee tax collections for the current fiscal year have been beating forecasts by hundreds of millions of dollars. And for the new fiscal year that begins in July, Lee proposes adding another $250 million to the state’s “rainy day” reserve fund, which is already at a record high.

Meanwhile, “teachers, like other Tennesseans, have been affected by inflation and rising costs in the family budget,” said TEA President Tanya Coats. “More can be done to improve the economics of being a professional teacher in our state.”

Outside the Tennessee Capitol earlier Monday, a small group of Nashville-area pastors called on the governor to pursue policies that benefit everyone, not just a select few people or special interest groups.

“There is nothing more beneficial to the common good than fully funded, high-quality public education,” said the Rev. Kevin Riggs, pastor of Franklin Community Church in Franklin.

Nashville-area pastors and faith leaders speak outside the Tennessee State Capitol in Nashville on Feb. 6, prior to Gov. Bill Lee’s 2023 state address.

Riggs criticized new state laws aimed at banning books in classrooms and school libraries, holding back third graders if they don’t test as proficient in reading, and targeting LGBTQ students.

“These policies are failing our families,” he said. “We need to listen to teachers and principals and support the work of our public schools, making them stronger and our communities healthier.”

Over the weekend, House Minority Leader Karen Camper urged the governor to halt any policies that drain money from public schools, such as vouchers.

“Let’s invest in pre-K, smaller classroom sizes, and professional teachers who are preparing our children, not just for this decade, but for those beyond our lifetimes,” said the Memphis Democrat, in her party’s “prebuttal speech.”

“We must guard against the expansion of policies that result in the re-segregation of schools,” Camper continued. “If we ignore our past, we insult the struggles of so many heroes like Ruby Bridges, the Memphis 13, and Clinton 12, who passed down progress and inclusion in every generation since.

Tennessee lawmakers will begin reviewing the governor’s budget this week in their finance committees. The legislature must approve a final budget before recessing for the year this spring.

You can read the governor’s full address here

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Indiana advances plan to expand school choice program to more students

2023-01-25T22:01:02+00:00

A bill that would expand school choice in Indiana and divert funds from public schools advanced on Wednesday with major changes.

Senate lawmakers enlarged the pool of students who could receive state money to attend private schools, but backed away from an initial proposal that would have opened the state’s Education Scholarship Accounts to all students regardless of family income or education needs.

Sen. Brian Buchanan amended his bill on Wednesday to limit the accounts to families meeting the program’s current income requirements. His changes also would reserve half of the total appropriation for students who receive special education services — the group the accounts currently serve.

The amended legislation passed the Senate Committee on Education and Career Development by a vote of 8-5, with GOP Sen. Jean Leising joining the four Democrats on the committee in opposition. It now heads to the appropriations committee.

The bill could become one of the more notable education policy legacies of Indiana’s 2023 legislative session. Proponents say it puts more control in parents’ hands over their children’s education.

“Any time you can give more choice and more options for parents, I believe it’s better,” said the bill’s author, Buchanan, in committee hearings last week.

Meanwhile, critics assail the program for siphoning off funds from state education and public schools.

“This is not about parent choice, this is about diverting and divesting money away from public schools,” said Sen. Fady Qaddoura, a Democrat.

Other concerns from opposition lawmakers included expanding a relatively new program to all families without data to gauge its effectiveness.

Created in 2021, the scholarship accounts currently are open only to students who receive special education services and whose families who don’t exceed certain limits on household income, allowing them to use state funding to attend private schools.

Buchanan’s bill would remove special education requirements, opening the choice program to families with a household income up to 300% of the federal poverty level. It would also raise the grant that a student would receive from 90% to 100% of the state tuition dollars earmarked for their public school.

The total cost of the proposal hasn’t been revealed, and that cost will determine the number of students who could participate. Buchanan said the appropriations committee would make that determination, but that he would support a $10 million appropriation, equal to its current budget.

Though just 143 students participate in the education scholarship program in 2022-23, interest is likely to increase as more people become aware of it, according to the bill’s fiscal note. Senate Bill 305 will make more families whose students attend private schools eligible for state support, potentially increasing the total cost to the state, according to the note.

The education scholarship accounts are separate from the Choice Scholarship program, which is open to most students from low- and moderate-income families in Indiana. That program served around 44,000 students last year, at a cost of about $240 million.

The expansion of the education scholarship accounts is not the only voucher or voucher-like program that lawmakers are considering this session. Another would create career scholarship accounts, giving students state grants to spend on job training with organizations outside their schools.

Career scholarship accounts would not come out of tuition support dollars for schools, though they would render schools ineligible for career and technical education dollars for each student who opts for a scholarship account instead.

Aleksandra Appleton covers Indiana education policy and writes about K-12 schools across the state. Contact her at aappleton@chalkbeat.org.

Indiana lawmakers weigh bill to create universal school choice program

2023-01-19T21:51:50+00:00

This article originally published in the Indiana Capital Chronicle.

Indiana lawmakers on Wednesday began a contentious debate over whether it should bring universal school choice — and its daunting potential long-term cost — to Hoosier students and parents.

Testimony heard in the Senate education committee raised questions about how much universal education scholarship accounts would cost and whether the state can afford to fund all students who are eligible to participate. This would be separate than the state’s voucher program, known as Choice Scholarships.

Critics of the bill additionally doubled down on their concerns that the program expansion would pull additional dollars away from already cash-strapped public schools.

Bill author Sen. Brian Buchanan, R-Lebanon, maintained that his bill seeks to give families more options and ensure that students who don’t qualify for the program now — but want to — can participate.

“ESAs are designed all around to put parents in control of their kids’ education, allowing them to have more say in essentially determining how the money is going to be spent and what accountability and transparency will look like,” Buchanan said. “Anytime you can get more choice, more options for parents, I believe it’s better, and that’s what this bill is doing.”

The bill is awaiting committee approval, which could come as early as next week. Senate education committee chairman Sen. Jeff Raatz, R-Richmond, said several amendments to the measure are likely to be adopted before a vote is held.

Will Indiana adopt universal school choice?

Indiana’s Education Scholarship Account (ESA) program was created by the General Assembly in 2021 despite pushback from public education advocates who argued that the program lacks oversight and takes money away from traditional public schools.

Currently, ESAs are limited to students who qualify for special education. Families must also meet income limits to participate. The income ceiling is high, however. A family of four can make up to $154,000 annually — equal to 300% of the amount required for a student to qualify for the federal free or reduced price lunch program.

But Buchanan’s bill would extend the program to all students, regardless of a student’s educational needs or their family’s income level.

Accounts set up by the state treasurer’s office provide each qualifying student with funding for private school tuition and various other educational services from providers outside of their school district.

Buchanan is seeking to increase the ESA grants from 90% to 100% of the per-pupil funding that the state provides to local public schools. That means, on average, a student is eligible to receive about $7,500 per academic year.

The previous state budget appropriated $10 million a year for the program, enough to fund about 1,300 ESAs. Fiscal year 2023 is the first year the program enrolled students. The treasurer’s office reports that 143 students are participating in the program this year.

Buchanan said he “would be happy” if budget writers kept the ESA funding the same in the next biennium, noting that the program expansion “is contingent upon getting a line item for a fiscal line item in the budget.”

While Buchanan repeatedly tried to focus on that initial $10 million price tag, the program could easily grow.

For instance, Indiana has about 87,000 private school students, according to the Indiana Department of Education (IDOE). About 44,000 of those use the state’s Choice Scholarship program — which allows families to receive vouchers to attend private schools. But the remaining 43,000 would be eligible for the grant, which would average around $7,500 statewide.

That would equal more than $300 million annually.

The voucher program started similarly with a cap of 7,500 students at a cost of $15 million. The cap doubled the next year and now there is no limit and a current annual cost of $240 million.

Home-schooled students would also be eligible, along with public school kids. But the latter are already being funded in the state’s K-12 support formula.

Buchanan emphasized that less than 150 students currently participate in the ESA program. He said there are another 300 families who want to take part but aren’t currently eligible.

“This program only exists if it gets funded by the state budget that we’re currently crafting,” he said, adding that “whether it be $10 million again, or less or more than that, that will be the cap.”

Buchanan said the program will be “first come, first served” if the number of students who want an ESA exceeds the state cap.

It is unclear if the voucher program would still exist alongside a universal education savings account program.

It’s also not clear whether the GOP caucus will support a universal school voucher program in the current budget. Republican House Speaker Todd Huston said last week that he “would love to see” Indiana adopt such a program.

Changes to high school learning and degrees

Legislators on Wednesday also began discussions around a key education bill that seeks to “reinvent” high school curriculum. The House education committee heard two hours of testimony on HB 1002, a priority bill for the caucus that seeks to expand work-based learning in Indiana high schools, like apprenticeships and internships.

In addition, the bill would create a framework for students to earn a post-secondary credential before leaving the K-12 system.

Bill author Rep. Chuck Goodrich, R-Noblesville, said his proposal seeks to narrow the “skills gap” between Hoosiers and employers.

“Many students are not receiving the education and training they need to succeed in our workforce,” he said. “The world is changing at a rapid pace. We need to ensure that our students are ready for all that lies beyond high school — that they will have additional pathways to succeed.”

Paramount to the bill is a provision that would establish accounts for students in grades 10-12 to pay for career training outside their schools.

The career scholarship accounts (CSAs) would be similar to Indiana’s ESAs. Students would first be required to create a postsecondary plan in order to qualify for the scholarship accounts.

The amount each participating student can receive to pay for apprenticeships, coursework, or certification would be based on a calculation of the state dollars that their school receives. Students won’t qualify for a CSA if they’re already enrolled in a career and technical education program, though.

The IDOE would be tasked with approving the courses and tracks available to students, as well as determining the grant amount for each course.

GOP lawmakers said their goal is to get 5,000 to 10,000 students to participate in the next fiscal year.

Other provisions in the bill would require IDOE to put in place new diploma requirements by 2024, and ensure that high schools hold career fairs to help students connect with employers and work-based learning providers.

The bill would also allow students to apply funds from the 21st Century Scholars program — a statewide grant program that supports student enrollment at two- and four-year schools.

The CSAs have so far been met with support from business and economic leaders from across the state. Many education officials said they’re on-board with the idea, but they want more clarity around the bill’s fiscal impact.

The Indiana State Teachers Association, which opposes the current draft of the bill, said they specifically want lawmakers to ensure that public schools “play a major role” in work-based learning expansion.

“We are concerned that this bill drastically creates further privatization and outsources the public tax dollars that will have significant implications on school funding, how funding is streamed to schools and how it will affect students in classrooms,” said Jerell Blakeley, ISTA’s director of government, community, racial and social justice. “Educators in public schools are uniquely qualified, by training experience, to ensure that work-based learning experiences are both substantive and substantial.”

Indiana Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Indiana Capital Chronicle maintains editorial independence. Contact Editor Niki Kelly for questions: info@indianacapitalchronicle.com. Follow Indiana Capital Chronicle on Facebook and Twitter.

Tennessee legislative preview: Key education issues to watch as lawmakers return

2023-01-10T11:00:00+00:00

When Tennessee legislators passed a tough third-grade reading law during their 2021 special session on education, they didn’t seek the input of many educators.

But they’re hearing a lot of feedback now, as the law’s stricter retention policy kicks in with this year’s class of third graders. Educators are warning about the potential for thousands of students to be held back because of low reading scores, along with a slew of logistical challenges created by the law.

Revisiting the controversial third-grade reading law is expected to top the list of education priorities heading into this year’s 113th General Assembly, beginning Tuesday in Nashville.

Meanwhile, Republican Gov. Bill Lee will unveil details of his legislative agenda and proposed budget several weeks after being sworn in for his second term on Jan. 21.

Last year, no education issue seemed too big or small for the GOP-controlled legislature to take up — from passing Lee’s sweeping rewrite of the state’s K-12 funding formula to authorizing teachers to confiscate students’ cellphones if they’re deemed a distraction in class. Lawmakers also asserted state power over several matters traditionally handled at the local or school level, including which books are OK for libraries and how to resolve a dispute between two cities over school properties.

This year, the GOP may flex its supermajority power again on socially divisive issues, including one bill that seeks to limit health treatment for transgender youth.

But whether charter school advocates will try again to pass charter-friendly legislation is still uncertain after several Republican-sponsored proposals sputtered last year and the fallout over charter applications linked to Michigan’s Hillsdale College galvanized supporters of traditional public schools.

As for the Democrats, their minority status limits their influence over legislation. But expect them to hammer their messaging around themes of restoring local control over education and the potential fiscal effects of expanding Tennessee’s charter school sector and private school voucher programs.

Here are five things to watch for as the General Assembly convenes:

Expect a ‘quieter year’ from Lee’s administration

During his first term, the governor spent significant political capital to pass major education laws — launching a private school voucher program, creating a powerful state commission to oversee charter school growth, expanding vocational education options for middle and high school students, and replacing the state’s 30-year-old resource-based funding formula with a student-centered one called Tennessee Investment in Student Achievement, or TISA.

Gov. Bill Lee, a Republican businessman from Williamson County, will be sworn in to his second term in office on Jan. 21.

Last fall, Lee suggested the dizzying pace would continue, with a campaign pledge to teachers and parents that he would “make the most of the next four years.”

But legislative leaders working closely with his administration say this year’s education focus will be to execute what’s already passed — not introduce new major initiatives.

“We’ve done a lot, and I think it’s going to be a quieter year on education,” said Senate Majority Leader Jack Johnson, who carries bills on the governor’s behalf.

Specifically, he said, Lee wants to monitor this year’s rollout of the funding formula and third-grade retention policy. “We may need some tweaks and improvements on those but, in terms of any new broad initiatives, I don’t anticipate anything from the administration,” Johnson told Chalkbeat.

Lee pledged more money for K-12 education

When Lee pressed last year for an education funding overhaul, he pledged an additional $1 billion annually for students if TISA passed, beginning with the budget that takes effect this July 1. With state revenues continuing to exceed expenses, the expectation is that he’ll make good on that promise.

On other budgetary matters, Lee has said he wants to continue upping teacher pay. He’ll also likely set aside money so the all-volunteer state textbook commission can hire staff to manage a new library book appeals process authorized by the legislature in 2022. And he’s expected to propose more funding for the state agency for children’s services, which is severely understaffed and short of beds for abused, neglected, or foster children who are taken into state custody.

Meanwhile, the legislature will review ways to continue tapping state or federal dollars for perennial educational wants, from more social services for schools to expanded access to pre-kindergarten and early child care.

Lawmakers will revisit third-grade retention policy

Vowing to stop the cycle of letting students who can’t read move up to the next grade, Lee pressed for the new third-grade reading law, which tightens state retention policies that generally haven’t been enforced under a 2011 law.

The 2021 law made it more likely that schools will hold back students who aren’t considered proficient in reading by the end of third grade, based on the results of annual state tests this spring. It also authorized new summer school and after-school tutoring programs that can help struggling third graders avoid being held back.

But with only a third of Tennessee third graders projected to test proficient in reading, educators insist that state test results don’t tell the full story about a student’s reading ability. They want more local input that takes into account the results of periodic “benchmark” tests administered throughout the year.

“This is the No. 1 concern I’m hearing across the state with superintendents, school boards, and parents,” said House Education Committee Chairman Mark White, who says he’s open to adding benchmark test results into the calculations. “We cannot ignore it.”

Expect other legislative proposals to try to improve the quality of education before third grade, especially to support literacy.

Rep. Scott Cepicky, a Republican from Maury County, is one of the legislature’s most prolific sponsors of education legislation.

Rep. Scott Cepicky, for instance, is looking at raising the minimum age to begin kindergarten. Currently, Tennessee law requires children entering kindergarten to be at least 5 years old on or before Aug. 15 of the school year they’re entering.

His proposal is based on a recent analysis by the state comptroller’s office, which found that Tennessee students who were older at kindergarten enrollment performed better on third-grade literacy tests than their peers.

School voucher program could expand

After overcoming a string of court challenges, private school vouchers became available this school year in Memphis and Nashville. Now Sen. Todd Gardenhire is looking to expand the “pilot” program to Hamilton County, where he lives.

The Chattanooga Republican had voted against education savings accounts in 2019, but said he’s changed his mind since the Tennessee Supreme Court upheld the controversial law last spring. He’s also frustrated that Hamilton County Schools has abandoned a $20 million school improvement plan for its lowest-performing schools.

Gardenhire filed his bill last month and recruited White to co-sponsor the measure in the House.

Meanwhile, the law continues to face legal challenges. Metro Nashville and Shelby County governments gave notice last month that they’ll appeal a lower court’s dismissal of their remaining legal claims to the Tennessee Court of Appeals.

The state comptroller’s first report on the program’s efficacy isn’t due until Jan. 1, 2026.

Efforts to attract and keep teachers grow

Both state and national data suggest that teacher shortages are limited to certain districts, schools, and subjects, not an across-the-board problem. But with the churn of educators and school staff worsening during the pandemic, expect several new proposals to try to strengthen teacher pipelines beyond Tennessee’s existing grow-your-own programs, as well as to support those already in classrooms.

The Tennessee School Boards Association is urging the legislature to incentivize potential teacher candidates by reimbursing those who pass the Praxis exam, which measures knowledge and skills needed to be a teacher. The test generally costs about $120. (The State Board of Education is also considering dropping EdTPA, another licensing test required currently of about 900 “job-embedded” candidates, who make up about a third of the state’s teacher pipeline.)

Cepicky and Sen. Joey Hensley have filed a bill to provide teachers with $500 annually to pay for classroom supplies, instead of the current $200, so that they’re not counting on charity or personal funds to cover those costs.

But for many districts, an even bigger staffing issue is hiring enough support staff.

South of Nashville, Williamson County Schools has only three-fourths of the school bus drivers needed by the suburban district and is also understaffed for teacher aides for special education students.

“Every little tool you can give us in our toolbox, if it can fill one or two spots, it’s worth it,” Superintendent Jason Golden told his local legislative delegation during a weekend workshop.

“We’re looking at it,” responded Hensley, a Hohenwald Republican. “We know it’s a big issue.”

To find legislators, track bills, and livestream legislative business, visit the Tennessee General Assembly website.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

DeVos-funded campaign for school voucher-like plan withdraws petitions in a sign of defeat

2023-01-10T00:43:51+00:00

A Betsy DeVos-backed proposal to help Michigan families use taxpayer funds to cover private school tuition and other education-related expenses appears finished after organizers withdrew petitions they’d submitted to the Secretary of State.

The proposal — which critics have likened to private school vouchers — doesn’t have a clear political path after Democrats won full control of the state Legislature in November.

“This is an acknowledgement that it failed,” said Joshua Cowen, a professor of education policy at Michigan State University who has been critical of the proposal and of vouchers.

Let MI Kids Learn, the group behind the proposal, gathered hundreds of thousands of signatures and spent $11.4 million on its campaign, most of which was donated by former U.S. Secretary Betsy DeVos and her family.

Proposal would have created a tax credit

The initiative was part of a decades-long effort by the DeVos family to direct taxpayer dollars to private schools, in the face of a provision in the Michigan Constitution that broadly bars using public funds for private schools.

Voters overwhelmingly rejected a 2000 ballot proposal funded by DeVos to create a voucher system that allowed students to use public school funds for private school tuition.

Let MI Kids Learn took a different tack. It would have provided tax credits to individual taxpayers who funded scholarships for private schools or other educational services, such as tutoring. Each dollar contributed to the scholarship accounts would be credited back to donors on their state tax bill.

The proposal would have cost the state an estimated $500 million in the first year, of which roughly $50 million would come directly out of the state school aid fund.

Supporters of the proposal said kids would benefit from being enrolled in private school.

“Michigan students already suffered through two years of unnecessary COVID learning disruption, and as the most recent data show, the results have been devastating,” said Fred Wszolek, spokesman for Let MI Kids Learn.

Recent studies of voucher programs in other states show broadly negative academic results, especially in math. They also show that in many cases, students who benefit from the programs were already enrolled in private school. Some older studies tended to show neutral or modest positive effects of vouchers on academic performance.

Campaign hit snags on the way to November

The November election results weren’t the only bump in the road for Let MI Kids Learn. In May, signature gatherers for the campaign were found to be misleading Detroiters about the proposal. In June 2022, the campaign missed a deadline to submit signatures to the state, precluding the proposal from going before the Republican-controlled Legislature before new lawmakers took power in January.

While ballot initiatives generally go to a vote by the public in a general election, Let MI Kids Learn had aimed to have its proposal enacted directly by the Legislature through a provision in the Michigan Constitution that allows a ballot proposal to become law without the governor’s signature. Gov. Gretchen Whitmer, a Democrat, vetoed a similar proposal in 2021.

But after the Let MI Kids Learn campaign missed the June signature filing deadline and Democrats won control of both chambers of the Legislature, the proposal’s prospects dimmed.

“With the new Legislature in place, I’m sure they felt it was going to be an undoable task to move things forward,” said Pamela Pugh, a Democrat on the State Board of Education.

In withdrawing the petitions, organizers of the proposal apparently decided against putting the issue to a statewide vote.

“If they thought voters were going to vote for this, they would have gone that route immediately,” Cowen said.

Wszolek, the Let MI Kids Learn spokesman, said “we’ll continue to join with the hundreds of thousands of Michiganders who signed these petitions to advocate for immediate help for students across the state.”

Koby Levin is a reporter for Chalkbeat Detroit covering K-12 schools and early childhood education. Contact Koby at klevin@chalkbeat.org.

Tracie Mauriello covers state education policy for Chalkbeat Detroit and Bridge Michigan. Reach her at tmauriello@chalkbeat.org.

Nashville, Shelby County to appeal court’s dismissal of Tennessee school voucher case

2023-01-03T22:09:48+00:00

Plaintiffs behind two lawsuits challenging Tennessee’s private school voucher law plan to appeal a judicial panel’s dismissal of their remaining legal claims.

Metropolitan Nashville and Shelby County governments, which jointly challenged the 2019 law that applies only to their counties, notified the Tennessee Court of Appeals late last month that they will appeal the latest ruling. Attorneys representing parents and taxpayers in a second lawsuit submitted a separate notice of appeal.

The appeals will extend the 3-year-old legal battle over Gov. Bill Lee’s controversial Education Savings Account program for at least several more months. The program provides taxpayer money for eligible families in Memphis and Nashville to help cover private school tuition for their children.

Emboldened by a string of court victories, Lee’s administration began accepting applications late last summer to launch the program by fall. Meanwhile, officials in those cities went back to court to try to stop it, partly on grounds that their school districts would face financial harm if the voucher program diverts taxpayer funding from public to private schools.

But in a 2-1 vote in November, a three-judge panel ruled the plaintiffs don’t have legal standing at this point to pursue the case on those grounds, noting that the law provides for compensating the districts for lost funding in the program’s first three years.

In pursuing the appeal now, the plaintiffs are pointing to the dissenting opinion from Chancellor Anne Martin of Nashville, who cited the state’s constitutional obligation to maintain a free public school system that provides equal educational opportunities for residents. Martin said the plaintiffs’ allegations of discriminatory treatment and unequal funding were sufficient concerns to let the case proceed.

On Tuesday, Nashville Law Director Wally Dietz told Chalkbeat that an appeal is the “next logical step to bring some clarity to these issues.”

“Chancellor Martin made important points in her dissenting opinion,” Dietz said, “and we believe these important constitutional questions should be resolved by an appellate court.”

A spokeswoman for the state attorney general’s office declined to comment.

The appeals will go before a judicial panel that ruled against the voucher law in September 2020, siding with Martin’s initial ruling that the statute unconstitutionally singled out two counties. Her ruling halted the program’s planned launch that year.

But after the state’s highest court overruled two lower courts and upheld the voucher law last May, the governor ordered the education department to kick off the voucher program with the 2022-23 school year.

As of Dec. 22, the department had approved 323 voucher applications from students in Memphis-Shelby County Schools and 236 applications from students in Metro Nashville Public Schools — well under the law’s participation cap of 5,000 students for the program’s first year. Another 510 applications were deemed ineligible, according to a department spokesman.

Meanwhile, a Chattanooga lawmaker has filed legislation that would expand the state’s voucher program to Hamilton County.

Similar legal battles over school choice and privatization are playing out in other states. In New Hampshire last month, opponents sued to stop one of the nation’s broadest school voucher laws, while the Kentucky Supreme Court struck down a Republican-backed initiative to award tax credits for donations supporting private school tuition. (A similar initiative in Michigan, backed by former U.S. Education Secretary Betsy DeVos, stalled.) Arizona launched its education savings account program last year, overcoming efforts to stop it.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee private school voucher law would expand to Hamilton County under bill

2022-12-08T22:05:03+00:00

Tennessee’s private school voucher law, which now only affects districts and some students in Memphis and Nashville, would widen to include Hamilton County Schools under new legislation filed this week.

Sen. Todd Gardenhire, a Chattanooga Republican, wants the legislature to expand the eligibility criteria for the education savings account program to include students in districts with at least five of the state’s lowest-performing schools, as identified in the last three “priority school” cycles since 2015.

Under those criteria, Hamilton County Schools, which is based in Chattanooga, would qualify — but not districts in other counties with priority schools such as Knox or Madison.

The proposal would mark the first expansion of the program that launched this fall under the controversial 2019 voucher law. The law, which was signed by Gov. Bill Lee, passed Tennessee’s Republican-controlled legislature after a decade-long tug-of-war between those who want to use taxpayer money to give parents more education choices and others who say that approach diverts money from already underfunded public schools.

When the initial voucher bill was being debated, Gardenhire was among lawmakers in Chattanooga and Knoxville who sought to exclude their counties from the law’s reach. But Gardenhire says the circumstances have changed, and he now supports including his home district.

He noted that Hamilton County Schools now has more priority schools than in 2019, when the district was in the midst of a $20 million school improvement plan known as Partnership Network. That initiative has since been disbanded.

“We’ll know in a few years if the ESA program works. But we know what we’re doing now in Hamilton County is not working. It’s a total disaster,” Gardenhire told Chalkbeat on Thursday.

Gardenhire said he also was concerned initially that courts would overturn the new education savings account law, but the Tennessee Supreme Court upheld it on appeal this spring. (Plaintiffs that include local governments in Davidson and Shelby counties are still considering whether to appeal another court’s recent ruling dismissing the remainder of their claims.)

“With the appeals adjudicated, it’s time to put Hamilton County Schools under the ESA Act,” Gardenhire said.

Democrats, who voted unanimously against the voucher law, were quick to criticize the bill.

“Public school tax dollars belong in our public schools,” said Sen. Raumesh Akbari, of Memphis. “We opposed private school vouchers for Nashville and Memphis, and we oppose any expansion of a disproven approach that hasn’t worked anywhere it’s been tried.”

Akbari said Tennessee should instead invest its time and resources in strategies that have a proven record of boosting student achievement, like smaller class sizes and wraparound student support.

The law refers to education savings accounts as a “pilot program” and directs the state comptroller to report on the program’s efficacy after its third year of enrolling students. But because ongoing litigation delayed the program’s launch, the first report isn’t due until Jan. 1, 2026.

Rep. Yusuf Hakeem, a Chattanooga Democrat, said Tennessee should not expand the program so soon after rolling it out.

“Good policy means studying something for several years before you start trying to change it,” Hakeem said. “We don’t even have a year of data yet to track.”

Gardenhire said he has a co-sponsor lined up in the House but declined to identify that legislator.

Two key GOP legislative leaders have signed on as co-sponsors in the Senate: Bo Watson, of Hixson, who chaired his chamber’s finance committee in the recent legislative session; and Sen. Jon Lundsberg, of Bristol, who chaired the education committee.

Tennessee is among more than 20 states that have either started or expanded voucher-type programs in the last two years.

Research on the effectiveness of vouchers is mixed. Recent studies have found that switching to private education using a voucher tends not to help — and may even harm — students’ test scores, especially in math. Other studies, though, have found neutral or positive effects of vouchers on high school graduation and college attendance.

You can track the bill’s progress here.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

After a bruising Michigan election, what’s next for Betsy DeVos and her education agenda?

2022-11-28T23:00:00+00:00

Over a decade of Republican dominance in Michigan, perhaps no individual shaped school policy as much as Betsy DeVos.

Michigan has some of the nation’s highest concentrations of charter schools run by for-profit companies, and key aspects of their financial operations, such as teacher salaries, are shielded from public scrutiny. In Detroit, schools can open and close anywhere in the city at any time without input from local authorities. Teachers unions in the state are limited by so-called right-to-work laws and limitations on tenure and bargaining.

All of that is thanks, in large part, to DeVos and her billionaire family’s political influence.

Seeking to expand on those wins, DeVos and her family members spent at least $11 million to support various political causes in the 2022 election cycle, including the Let MI Kids Learn ballot proposal to create voucher-like scholarship accounts for private school, and the gubernatorial campaign of Tudor Dixon, who ran on a pro-school-choice platform.

But the November election turned out to be the most striking public repudiation of DeVos’ agenda since 2000, when Michigan voters overwhelmingly rejected a school-voucher proposal she funded. Dixon lost by double digits to Democrat Gretchen Whitmer, who made reproductive freedom the center of her campaign. And the Let MI Kids Learn proposal, which DeVos’ team failed to get on the November ballot, appears to have little chance of becoming law anytime soon.

Democrats won full control of the Legislature for the first time in 38 years and are now in position to undo some of DeVos’ signature education policies of the past decade.

Two of their top priorities are requiring charter schools to disclose more detailed financial records and rolling back a DeVos-backed law requiring third-graders to be held back if they are more than a grade level behind in reading.

So does that mean DeVos’ influence over education in Michigan is waning?

It depends on whom you ask.

The Michigan Education Association would like to think so. MEA is the state’s largest teachers union and a longtime opponent of DeVos’ voucher initiatives.

“The far right don’t like her because she didn’t stand up for Donald Trump” after the Jan. 6 Capitol insurrection, said MEA spokesman Thomas Morgan. “And the left and middle have never liked her here in Michigan because of her repeated attempts to destroy public education.”

But few others are convinced that the election setbacks will halt the family’s decades long pursuit of a school-choice agenda.

“It’s a loss, and all losses sting,” said Bill Nowling, former spokesman for the Republican Party of Michigan and a longtime campaign consultant. “Are these fatal moments (for DeVos’ agenda)? I don’t think so … . It’s something they believe strongly in, and they’re going to keep trying.”

DeVos was not available to comment for this article, a spokesperson said.

Supporters of her school-choice agenda say the change in control of the Legislature doesn’t diminish the urgency of their cause.

Let MI Kids Learn would provide a path for students to catch up academically, said Beth DeShone, executive director of the Great Lakes Education Project, a nonprofit advocacy group founded by DeVos.

“Doing what’s best for our children shouldn’t be political,” DeShone said.

Debates play out on a field DeVos helped build

Before she was education secretary, DeVos was chairperson of the Michigan GOP, a prominent member of the state’s richest family of political donors, and a driving force behind a wave of reforms that redefined the state’s school landscape.

Many DeVos-backed policies are now deeply embedded in the state’s education system and would be hard to undo.

Consider the cap on the number of charter schools statewide that can be opened statewide, which DeVos and her political allies successfully fought to eliminate in 2011.

Teachers unions and other education groups fiercely opposed that move, but reinstating the previous cap would mean closing schools — never an easy political task, and one that would have the most impact in Detroit and Flint, which have large concentrations of both charter schools and Democratic voters. Any new cap without school closures wouldn’t have much effect on the charter school movement, because charter school growth has slowed.

Even the language that defines debates over teachers unions and vouchers bears DeVos’ influence.

“Vouchers were considered very, very radical in the ’80s and ’90s,” said Ellen Cogen Lipton, a state Board of Education member and former Democratic state representative from Huntington Woods. “Now they call them ‘education scholarships’ or ‘opportunity scholarships,’ and the terms they’re using have enabled them to change the conversation. They talk about rescuing kids from failing schools.”

So-called right-to-work legislation — which unions have blamed in part for declining membership — is another example of the way DeVos and her allies have established the terms of the debate. The phrase is widely used now to describe policies in Michigan and other states that free workers from requirements to pay union dues if they are covered by a union contract. Opponents of the policy say the phrase is implicitly partisan.

Money still counts in politics

Michigan Democrats appear to have enough votes to roll back some of DeVos’ favored policies, no matter how vigorous the opposition. But even slight delays could make a difference: Democrats have a long list of priorities and a narrow majority that they’ll be forced to defend in just two years.

DeVos’ personal wealth allows her to be a forceful advocate of some of the policies that Democrats seek to undo, said Joshua Cowen, a professor of education at Michigan State University.

“She’s still a billionaire,” said Cowen, a fierce critic of DeVos. “She could outspend the public education community for the (equivalent) of what it costs you and me to go to the grocery store.”

DeVos is already a major funder of state advocacy groups that support her agenda, including the Great Lakes Education Project and the Mackinac Center for Public Policy. And she could support an additional public campaign against the changes Democrats propose, such as a requirement that charter schools disclose more financial information, including about teacher salaries, Cowen said. Such changes have been fiercely opposed by the charter sector, particularly by large for-profit school operators such as National Heritage Academies.

Meanwhile, spokespeople for Let MI Kids Learn have signaled that they’ll keep fighting for the tax-favored scholarship proposal, even though it likely won’t be certified until next year, when the Democratic-led Legislature would be able to vote it down.

If they succeed in putting the proposal on the 2024 ballot, that would also mark a major milestone for DeVos and her agenda. Michigan voters would be able to weigh in directly on a DeVos-backed education issue for the first time since 2002, while the battle for control of the reconfigured state legislature would determine whether Democrats get more than two years to try to undo her education policy legacy.

And DeVos’ influence is likely to endure in electoral politics. It’s hard to win a Republican primary in Michigan without DeVos’ support, Nowling said. She has been strategic in contributing to PACs and candidates who will advance vouchers and school choice, he said.

The family gave a combined $50,000 directly to Dixon’s campaign. But they gave $6.3 million to Let MI Kids Learn and millions more to other conservative PACs that support private school choice, such as the Great Lakes Education Project.

They also gave $270,000 to the state GOP and contributed to dozens of individual Republican candidates’ campaigns.

Supporters of public school choice say their investment in their cause will pay off in the long run.

“We’re trying to make a groundbreaking change, so it’s certainly not wasted,” said Fred Wszolek, spokesman for Let MI Kids Learn. “We’re not convinced there’s not voters who don’t see this need for alternatives” to the public school system.

Even by DeVos standards, the 2022 contributions in Michigan were a big investment – $11 million this election cycle, not counting contributions that won’t be reported until the Dec. 2 filing deadline. In each of the last two midterm election cycles, they contributed just $3 million to Republican campaigns.

Given that push, the homestate setback has to sting, said Lipton, a longtime critic of DeVos.

“She has funded voucher movements in other states, and I think it’s really been a personal affront that in her home state, she hasn’t been able to get something that is really, really important to her,” Lipton said.

But DeVos has deep enough pockets to keep trying even when voters resist, Lipton said.

“People like the DeVos family, their fortunes are so vast,” Lipton said. “I don’t know that they ever have the self-reflection (to say), ‘Gee, maybe what we want is not what the people want.’”

Koby Levin is a reporter for Chalkbeat Detroit covering K-12 schools and early childhood education. Contact Koby at klevin@chalkbeat.org.

Tracie Mauriello covers state education policy for Chalkbeat Detroit and Bridge Michigan. Reach her at tmauriello@chalkbeat.org.

Correction: Nov. 29, 2022: A previous version of this story said that Betsy DeVos backed a ballot initiative to create private school vouchers in 2002. The initiative was voted down in 2000.

Tennessee’s private school voucher program wins again in court

2022-11-24T00:06:32+00:00

A judicial panel sided with the state on Wednesday and dismissed remaining legal claims raised in two lawsuits challenging Tennessee’s private school voucher law.

The judges ruled that Metropolitan Nashville and Shelby County governments, along with a group of parents who oppose vouchers, have no legal standing to challenge Tennessee’s 2019 Education Savings Account law, which provides taxpayer money to pay toward private school tuition.

Voucher advocates quickly hailed the decision by the three-judge panel of Davidson County Chancery Court as a victory for parents wanting more education choices for their children.

“Today is a great day for educational freedom in Tennessee,” said Justin Owen, president of the Beacon Center of Tennessee, one of several groups involved in the case.

But the ruling also could position the nearly 3-year-old legal dispute for a hearing before a higher court.

“We are reviewing the opinion and will discuss a possible appeal when we return to work next week,” said Wally Dietz, Metro Nashville’s law director.

The judges dismissed the argument that both governments face financial injury in funding their local public schools when students choose to withdraw and enroll in private schools — taking their funding with them.

In a 26-page decision, they cited a provision of the law that — subject to appropriation by the legislature — replaces any funding lost through vouchers through a school improvement grant program for the first three years.

Thus, the judges wrote, the “Plaintiffs’ claims are not yet ripe because the ESA replaces the diverted funding for at least three years.”

But their decision does not necessarily put the case to rest.

“We are disappointed by the court’s order and disagree with its conclusions,” said Chris Wood, a Nashville attorney representing parents and taxpayers in a second lawsuit opposing the law. “We are reviewing our options, which include appealing the court’s decision.”

The ruling came from Chancellor Anne Martin, Judge Tammy Harrington, and Judge Valerie Smith under a new state law requiring that constitutional matters be heard by three judges representing each of the state’s three grand divisions instead of by a single judge based in Nashville.

But Martin, the Nashville judge who initially declared the law unconstitutional in 2020, wrote that, while she concurred about the issue of standing, she dissented over other issues, including the plaintiffs’ arguments that vouchers will create unequal education systems. The state constitution says Tennessee is obligated to maintain a system of free public schools that provides for equal educational opportunities for its residents.

Wednesday’s ruling is the latest in the legal dispute after the Tennessee Supreme Court upheld the embattled voucher law in May.

The high court overturned another argument that the statute was unconstitutional because it applied only to Davidson and Shelby counties, without local approval. That ruling cleared the way for the program’s launch this school year. Then, in September, the state attorney general’s office urged the panel to dismiss all remaining legal challenges.

A spokeswoman for Gov. Bill Lee, who pushed for the voucher law, did not immediately respond when asked for comment.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Here are the big education donors in New York’s governor’s race

2022-11-08T00:20:10+00:00

Gov. Kathy Hochul and Lee Zeldin, her Republican opponent, have built large campaign war chests as they seek to win New York state’s highest office on Tuesday.

While education-focused groups haven’t stuck out as either candidate’s biggest donors, both candidates have received some substantial donations from those who exert influence on New York’s education world — helping to paint a clearer picture of who is hoping to have sway over schools policy.

Hochul has touted boosting funding for public schools while in office and has earned the endorsements of powerful teachers unions. She recently revealed that she supported lifting the cap on how many charter schools can open in New York.

Zeldin has voiced strong support for school choice, including charters and private choice options, and has embraced conservative talking points about banning “divisive curriculum” related to race and restricting “age-inappropriate” sex education.

Hochul’s campaign has garnered contributions from some of the biggest players, such as educator unions, while Zeldin has gained the support of some of the nation’s wealthiest businessmen.

Hochul’s campaign has collected nearly $54 million since she took office in August 2021, according to the most recent contributions report on the New York State Board of Elections website. Zeldin’s campaign has garnered nearly $24 million since he announced his candidacy for governor in April 2021.

Here are some highlights of who’s contributed to both campaigns as voters head to the polls Tuesday:

Hochul

Hochul has received contributions from every major educator union: $69,700 from the political committee associated with the state teachers union, New York State United Teachers, or the maximum allowed contribution across primary and general statewide elections; $47,100 from the city teachers union, representing the maximum allowed during a general election; $5,000 from the city’s principals union in September 2021, about a month after Hochul confirmed she would run; and the maximum $69,700 from the national American Federation of Teachers.

The city teachers union has also “engaged our own membership in this election through a combination of digital ads, mailers, emails, texts, robo and live calls in support of the Hochul-Delgado ticket,” said spokesperson Alison Gendar.

The union has praised Hochul for boosting funding for schools and signing a bill that aims to reduce class sizes in New York City public schools. Michael Mulgrew, president of the city teachers union, called Hochul “the best advocate for New York City students and educators in a generation,” when Hochul visited the union’s delegate assembly last month.

Before endorsing Hochul, the state teachers union hadn’t thrown its support behind a gubernatorial candidate since 2006, said spokesperson Matt Hamilton. The union often had an adversarial relationship with former Gov. Andrew Cuomo, especially over school funding and how state tests factored into teacher evaluations.

In endorsing Hochul in January, the union’s president, Andy Pallotta, said in a statement that Hochul’s “commitment to listening to the needs of our members” is the sign of a “new day” in the state’s capitol.

Hochul’s contributions show she also has some support in the charter sector. New Yorkers for Putting Students First, the political action committee for pro-charter, education reform advocacy organization StudentsFirst NY, gave Hochul $40,000 in September 2021. The committee also donated to Hochul when she was lieutenant governor.

She also received $30,000 this year from the Great Public Schools Political Action Committee, which was created by Eva Moskowitz, who founded New York’s largest charter network, Success Academy. That committee had previously also supported Cuomo. A representative for Success Academy declined to comment on the donation. Eric Grannis, Moskowitz’ husband who was previously listed as the committee’s main contact, did not immediately respond for comment.

That donation came far before Hochul revealed in a recent debate with Zeldin that she, like Zeldin, supports lifting New York’s cap on how many charter schools can open.

Hochul also received $10,000 in October 2021 from the New York School Bus Contractors Association’s political action committee. The organization represents about 100 school transportation companies, according to its website.

Zeldin

While it doesn’t appear that any major education organizations have donated to Zeldin’s campaign, he’s received large sums from Dan Loeb and Ronald Lauder, two billionaires who have gained attention for their views on education policy.

Loeb, who is the CEO of a New York City-based asset management firm called Third Point LLC, donated the maximum $47,100 allowed in general elections to Zeldin’s campaign last month. In the education world, Loeb sits on the board of trustees for Success Academy and was previously the network’s chairperson. CNBC reported in the spring that Loeb, who had contributed $1 million to a political action committee that supported Mayor Eric Adams during the mayoral campaign last year, had been advocating for charter schools in private discussions with Adams.

On Third Point’s website, Loeb’s profile notes that he’s been “an advocate for reforming America’s schools to ensure all children have access to high quality education.” He donated roughly $250,000 over the summer to New Yorkers for a Balanced Albany, a political action committee with ties to Students First New York.

Zeldin first announced his campaign’s education agenda in front of a Success Academy campus in Queens. He said he supports lifting the charter cap and more generally supports school choice, including establishing “tax credits for school choice” and creating education savings accounts, which families can use to withdraw their children from public schools and receive tax dollars to pay for private school or other educational options like therapy.

Representatives for Third Point declined to comment on why Loeb is supporting Zeldin.

Lauder, who donated nearly $61,000 to Zeldin’s campaign, gained attention in 2019 for bankrolling a lobbying effort to preserve the Specialized High Schools Admission Test, which is the single exam students take to gain entry to eight of New York City’s nine specialized high schools.

Lauder has exerted significant influence over the governor’s race this year, spending $11 million so far on getting Zeldin elected, the New York Times reported on Sunday.

Reema Amin is a reporter covering New York City schools with a focus on state policy and English language learners. Contact Reema at ramin@chalkbeat.org.

In these 3 state races, education is central and partisan divides are stark

2022-11-07T20:00:00+00:00

In this year’s midterm elections, when control of Congress is up for grabs and the president says that democracy itself is on the line, how much do education issues really matter? Quite a bit, it turns out.

The economy, abortion, and crime top the list of voter concerns, but schools are important too. In a Pew Research Center survey last month, 64% of registered voters said education is very important in how they’ll vote in the Congressional elections, while other polls show that education is a key consideration in local and state elections.

Republicans have also seized on schools as a way to put a focus on hot-button issues involving race and sexuality, which they believe will mobilize their base and attract swing voters. But some Democrats say the other party overplayed its hand, turning off moderates who care more about school quality and student safety.

The most drama has unfolded in statewide races, where education tends to play a bigger role than in federal elections but national issues still shape the debate. Education has featured prominently in three battleground states with extremely tight races for governor: Arizona, Michigan, and Wisconsin.

In each, the central education themes of this election cycle have been on full display, including ideological clashes over curriculum and parents’ rights as well as longstanding debates about school funding and choice. And, in what might be this moment’s defining trend, those three gubernatorial races exemplify how thoroughly the country’s divisive politics have infused education policy, replacing occasional bipartisanship with fierce tribalism.

“Across the board, K-12 educational issues are becoming more polarized by partisanship,” said Sarah Reckhow, a political science professor at Michigan State University who studies education policy.

“Only 10 or 15 years ago,” she added, “partisan differences on education weren’t so clear cut.”

Arizona: Culture wars

Nowhere is the partisan split over schools wider than in Arizona’s closely watched race for governor, where a conventional liberal candidate is running against a far-right firebrand.

Kari Lake, the Republican nominee, has thrilled conservatives with her Trump-style populism. And, similar to the former president and Florida Gov. Ron DeSantis, Lake has leaned heavily into the school culture wars.

In her education plan, she rails against mandatory face masks and COVID vaccines, accuses schools of stoking “race-based animosity” by teaching critical race theory, and claims that some educators want to convert students into “progressive activists” and push “their sexuality or personal sexual preferences on little children.”

If the Democratic candidate is elected, “your kindergartner wouldn’t learn the Pledge of Allegiance, but your precious 5-year-old would be taught about sex,” Lake, a former local news anchor, said in a misleading campaign video.

Lake’s opponent, Arizona Secretary of State Katie Hobbs, has shied away from hot-button education issues. Instead, she has focused on traditional Democratic priorities, such as universal preschool, teacher pay raises, and school building repairs.

“What I’m hearing most from people is they want us to fund our public schools,” she told her supporters.

Polling suggests that Hobbs’ agenda reflects the concerns of most Arizona voters. In a May survey commissioned by the nonpartisan group Education Forward Arizona, two-thirds of likely voters said school funding is too low, while only one third said they strongly support a ban on teaching critical race theory, or CRT.

The Arizona poll is in line with national surveys that find most Americans support universal preschool and higher teacher salaries, worry about under-funding of public schools, and oppose book banning. The public is much more divided over what students should learn about race, but voters tend to agree that politicians from both parties are overly focused on how race and gender are taught in schools.

In a September memo, the Republican National Committee warned candidates not to alienate moderate voters, saying that “CRT and masks” might energize their base, “but parental rights and quality education drive independents.”

Michael Petrilli, president of the right-leaning Fordham Institute, said it was interesting that candidates like Lake had chosen not to moderate their message in the general election.

But if she wins, he added, “then her strategy of playing up these culture-war issues, in education and otherwise, will be validated.”

Michigan: School choice

When Tudor Dixon, a Trump-backed Republican running to become Michigan’s next governor, talks about “parents’ rights,” it’s usually in the context of the school culture wars.

But she’s also campaigned against Democratic incumbent Gretchen Whitmer on a more traditional conservative take on parents’ rights: The prerogative to choose the best school for your child. She supports giving parents publicly funded scholarships to help them pay for private school.

School choice has often been overshadowed this election cycle by clashes over race and sex in schools, but it remains a staple of conservative candidates’ agendas. Republican candidates in this Tuesday’s 36 gubernatorial races were more likely to include school choice on their campaign websites than any other issue, according to an analysis by Andy Smarick, a senior fellow at the conservative Manhattan Institute.

One reason for the issue’s enduring popularity among candidates is that most Republicans support charter schools and, to a lesser degree, private-school vouchers. But equally important to candidates is the enthusiasm for school choice among the party’s biggest donors.

Nowhere is that more evident than in Michigan, where Betsy DeVos, one of the country’s most prominent and polarizing champions of school choice, and her family have poured millions of dollars into a group supporting Dixon’s campaign. For her part, Dixon has endorsed DeVos’s private-school choice plan, which critics say would undermine the public school system.

“It is time to fund students, not systems,” Dixon said at a campaign event last month, echoing a phrase used by DeVos and other choice advocates.

Other Republican candidates have also embraced the idea of using taxpayer money to cover the cost of private school, homeschooling, or whatever option families choose. Lake in Arizona said she wants to “fund students not systems;” Gov. Greg Abbott, who is running for reelection in Texas, said he supports “state funding following the student”; and Tim Michels, the Republican nominee for governor of Wisconsin, has called for “universal school choice.”

While popular with some voters, this message also poses risks. Democrats in each of those races have accused their opponents of seeking to defund public schools, which remain popular among parents.

“The most important rule in education politics is that most kids go to traditional public schools and their families like those schools,” said Petrilli of the Fordham Institute. “If you get painted as somebody who is anti-public education, that’s a real problem.”

Wisconsin: School funding

While Republicans hammer away at hot-button education issues, Democrats have stuck to the basics: more resources for public schools and students.

Increased school spending is a perennial focus for Democrats and their powerful allies, the national teachers unions. But, the candidates argue, there’s an urgent need for more resources now as schools respond to the pandemic’s ongoing fallout — including staff shortages, mental health challenges, and academic setbacks.

More money for schools was the most common education priority on the websites of Democratic gubernatorial candidates, according to Smarick.

Exhibit A is Wisconsin, where Gov. Tony Evers has staked his bid for a second term largely on the issue of school funding. He has touted historic increases in state education spending during his tenure. In August, he unveiled a plan to give schools an extra $90 million in federal aid to help with teacher hiring and mental health services. And in September, he called on the state legislature to expand education spending by about $2 billion in its next budget.

“Kids need more support and resources now more than ever,” said Evers, who was previously the state’s education chief and a public school teacher.

Pointing to the record $190 billion that Congress provided schools during the pandemic, Republicans argue that money isn’t the problem. Schools are struggling, they argue, because Democrats pushed for prolonged school closures during the pandemic.

“Evers wants his big checks to make people forget his big failures,” said Evers’ Republican opponent, Tim Michels.

But Democratic strategists say their candidates’ priorities reflect the will of most voters. National polls show that likely voters favor more funding for schools and mental health services for students. In Wisconsin, a recent Marquette Law School poll found that, when given a choice of whether to increase state aid for public or private schools, more than 60% of voters chose public schools while just under 30% chose private.

But Kathleen Dolan, a political science professor at University of Wisconsin Milwaukee, cautioned against reading too much into opinion surveys.

“People have policy-issue positions,” she said, “and, given the hyper partisanship of our time, those things are largely irrelevant to their vote choice.”

Patrick Wall is a senior reporter covering national education issues. Contact him at pwall@chalkbeat.org.

Where do Hochul and Zeldin stand on education?

2022-11-07T17:29:07+00:00

On the surface, New Yorkers might assume that the state’s candidates for governor — Democratic Gov. Kathy Hochul and Republican Lee Zeldin — would have polar opposite approaches to education if they were elected.

And while that likely holds true in several ways, there are still many open questions about how both would craft policy for schools.

Hochul has not focused much at all on education on the campaign trail, and while her time in office so far provides some clues, her campaign website has no details about her goals for the state’s K-12 schools beyond wanting to invest more money in them.

“As a frontrunner she has little incentive to take sharp or even very precise and specific positions, particularly on policies that are at all controversial, particularly policies that are controversial in suburbs,” said Jeffrey Henig, professor of political science and education at Columbia University’s Teachers College.

In contrast, Zeldin is “throwing everything at the wall that Republicans are trying in lots of places,” Henig said.

The congressman has proposed several priorities, such as banning “divisive concepts” from being taught in schools related to race — a talking point that conservatives across the country have embraced — but he has not provided more specifics on many of his ideas. Some of his proposals are self explanatory, such as wanting to lift the cap on how many charter schools can open in New York.

Zeldin’s campaign did not respond to questions asking to elaborate on his positions or provide more details.

As the governor’s race nears this fall, here’s what we know about where both fall on education issues:

Curriculum

Zeldin has said he would ban “divisive curriculum that pits children against one another based on race and other factors” — language that’s similar to what conservative lawmakers in other states have pushed for.

His platform does not explicitly talk about critical race theory, or CRT, which is an academic framework for studying systemic racism but has been used by Republicans as an umbrella term for diversity and inclusion efforts. Both city and state officials have said critical race theory is not taught in the city’s and state’s public schools. Both locally and statewide, officials have encouraged schools to teach culturally responsive lessons.

But Zeldin wrote in an opinion article last year that CRT was politicizing education. In it, he blasted a lengthy framework released by the state education department that encourages — but does not mandate — districts to teach culturally responsive lessons, or lessons that relate to and affirm various students’ backgrounds. The department also wants districts to consider acknowledging the role of racism in American history and create lessons that empower students to be “agents of change.”

Zeldin’s platform also calls for restricting “age-inappropriate” sex education, though it does not detail what that means, requiring financial literacy courses in public schools, and civics lessons that “teach students about how and why they get to live in the greatest nation in the history of the world.”

Still, if Zeldin were elected, it’s unlikely that he would be able to successfully ban schools from teaching about race since the state legislature is overwhelmingly Democratic and unsupportive of such policies. For example, a bill seeking to ban critical race theory in schools didn’t make it out of committee last year.

“You may see outside money and national organizations try to come in and really sort of add amplitude to those messages around parental rights and critical race theory and gender identity issues,” Henig said. “I don’t want to discount the importance of how people talk about things, but the impact on actual policy would be delayed, at best.”

So far, Hochul has not taken a strong position on what sorts of curriculum or learning standards she supports in schools. When pressed about a New York Times investigation that revealed a lack of basic lessons in core subjects, such as English, in Hasidic yeshivas, Hochul said responsibility over those private religious schools fell to the state education department, not her office. (Zeldin has been supportive of the Hasidic yeshivas, and has been courting the vote of the Orthodox and Hasidic communities, the New York Times reported.)

Asked where Hochul stands on curriculum, her campaign pointed to an ABC 7 story from May, where she said she supported a bill that would have required New York schools to teach about Asian American history. (The bill did not move out of committee.) They also pointed to a bill she signed that requires the state education department to ensure school districts are meeting requirements to teach children about the Holocaust — an idea that Zeldin also supports.

Traditional public schools vs. charter schools

Zeldin has expressed substantial support for school choice and charter schools. In fact, he first announced his education agenda last spring outside of a Success Academy school in Queens.

Zeldin supports lifting the cap on how many charter schools can open in New York, which was reached in the city in 2019. He also wants to establish “tax credits for school choice” and create education savings accounts, but doesn’t provide more details. With an education savings account, parents can withdraw their children from public schools and receive tax dollars in a restricted-use account to pay for private school or other educational options like therapy.

The state legislature so far has not supported lifting the charter cap.

Zeldin’s platform online says he wants more options for “technical grade school level learning, experience and certification,” though it’s unclear if he’s referring to career preparation programs or something else.

On the city level, Zeldin saw eye to eye with Mayor Eric Adams and Hochul on extending mayoral control of schools. And, like Adams, Zeldin also supports keeping the controversial admissions exam in place for the city’s specialized high schools, as well as “advanced and specialized” academics. He’s earned the support of some parents who favor screened admissions to the city’s public middle and high schools and “gifted and talented” programs.

During a debate with Zeldin on Oct. 25, Hochul also said she supported lifting the charter school cap, which seemed to be the first time she said that publicly. [Note: This story originally published before the debate and was updated to reflect her comment.] She’s repeatedly touted overseeing a budget that sent more state money to school districts as the result of an agreement to fully fund Foundation Aid, the state funding formula that sends more money to higher needs districts.

Hochul has taken an interest in boosting mental health resources for students, ensuring more children go to college, specifically by expanding college tuition assistance to part-time students in New York, and has attempted to address the teacher shortage by expanding alternative teacher certification programs and temporarily waiving an income cap for teacher retirees who want to return to the profession.

She also signed a popular bill that requires lower class sizes in New York City, which was celebrated by many families, the teachers union, and advocates. City officials and some conservative parent groups pushed back, arguing the mandate would pull money away from other services for students.

School budgets and enrollment

Neither Hochul nor Zeldin have addressed one of the most critical issues facing public schools: dipping enrollment.

Enrollment in traditional public schools has dropped by more than 2% nationwide since the onset of the pandemic, and by about 9.5% in New York City public schools. Changes in enrollment have big implications for school budgets that are closely tied to the number of students in classrooms. That issue is already playing out in New York City, where three-quarters of schools saw cuts in the funding that pays for staff and programs for students.

Zeldin’s education platform doesn’t address the issue. While Hochul has touted her commitment to boosting funding for public schools, she has not addressed what to do about enrollment changes across the state.

“What you see on the Hochul side is, ‘Yes, we support education, we are willing to spend more on it,’ but kind of resisting what progressive forces might want to see on the campaign, in terms of challenging basic funding formulas in ways that might not play well in wealthy or more affluent communities that would see this as redirecting state monies away from them and towards lower-income communities,” Henig said.

COVID policies

Most COVID mitigations for schools have ended, so it’s not likely that the election of either candidate would drastically change that.

Both Zeldin and Hochul have supported peeling back COVID mitigations, such as masking, with Hochul recently calling remote learning a “mistake.” But Zeldin has pushed harder to remove all sorts of mandates.

While Hochul ended mask mandates, she also oversaw sending at-home COVID tests to schools and has touted keeping schools open during a major surge in infections last winter, though in-person instruction was still severely disrupted. (She’s come under fire in recent weeks for a deal she made when choosing a vendor for those tests.)

Zeldin has opposed COVID vaccine and mask mandates. If elected, he may press Adams to drop a vaccine mandate in place for New York City schools staff. At one point, Hochul expressed support for requiring children to get COVID vaccines. The state legislature would have to pass a bill that added COVID vaccines to the list of already required shots for school children, according to the New York Times.

Reema Amin is a reporter covering New York City schools with a focus on state policy and English language learners. Contact Reema at ramin@chalkbeat.org.

Tennessee asks court to dismiss private-school voucher lawsuit

2022-09-19T22:55:17+00:00

The Tennessee attorney general’s office urged a judicial panel Monday to dismiss remaining legal challenges to the state’s private school voucher law after a string of court victories cleared the way for the program’s launch this school year.

But attorneys for several plaintiffs, including county governments based in Memphis and Nashville, argued for a full hearing on several remaining constitutional claims over a 2019 law that applies to only two of the state’s 95 counties.

The plaintiffs also charged that after July, when the court lifted a 2020 order blocking the program’s start, the state “rushed” the rollout in a way that violates the law.

This week’s court hearing kicked off a new phase in the nearly 3-year-old legal dispute over the education savings account law, part of a nationwide tug-of-war between those wanting to use taxpayer money to give parents more education choices and others who say that approach strips funding from already underfunded public schools.

Meanwhile, Republican Gov. Bill Lee’s administration continues to approve vouchers worth about $7,000 annually to eligible families for their children to attend private schools in the state’s two largest cities.

As of Friday, the state education department had approved 128 student applications in Memphis and 131 in Nashville to apply toward tuition at 39 private schools. In all, the state has received 857 applications, with 134 deemed ineligible so far.

The Tennessee Supreme Court upheld the voucher law in May, rejecting the argument by Davidson and Shelby counties that the statute was unconstitutional because it applied only to them, without local approval.

But several legal claims remain in two lawsuits that the court consolidated. The state constitution says Tennessee is obligated to maintain a system of free public schools that provides for equal educational opportunities for its residents. Plaintiffs say vouchers would create unequal systems and divert funds from traditional public schools to private schools.

Arguing to dismiss the case altogether, the state’s attorneys said none of the plaintiffs have legal standing to challenge the law — nor have they demonstrated local harm from the law, which also establishes grants to offset any financial losses to the districts during the program’s first three years.

Attorneys for the plaintiffs balked at those arguments.

“The state’s position boils down to: They don’t think anybody has standing. They don’t think anybody has the ability to challenge what the General Assembly has done,” said Allison Bussell, associate law director of Metro Nashville, representing both counties.

While the program’s financial impact remains to be seen, Bussell said the two county governments — which help fund local schools — ultimately will bear a financial burden that other counties are shielded from under the law.

But Stephanie Bergmeyer, a lawyer for the state, countered that Tennessee lawmakers had their reasons for applying the law to families in the state’s two largest school systems, where more students and private schools were likely to participate.

“It (would yield) a good metric to see how the program will help these students with their educational opportunities in the first few years of the program,” Bergmeyer said.

Also at issue is the state’s speedy rollout of the program within weeks after July 13, when the court lifted its order blocking the launch. To accommodate the governor’s order to get the program up and running in time for the new school year, the education department opted to disburse state funds directly to participating private schools, rather than set up education savings accounts for individual students to deposit money in, as directed by the law.

“The ESA act does not permit direct reimbursement to private schools; it doesn’t even contemplate that concept,” Bussell said.

Chancellor Anne Martin, who is hearing the case with Judges Valerie Smith of Memphis and Tammy Harrington of Maryville, asked Bussell whether that difference ultimately matters.

“I think the General Assembly has told us what the potential injury is,” Bussell responded. “The reason they set it up this way is because they wanted to ... set up very specific processes for how to prevent fraud, to make sure that funds are spent effectively, to make sure this is being managed in an appropriate way.”

Martin said the panel will issue its rulings later.

But with the program already under way, rolling it back becomes harder. Students who’ve already received vouchers could have their school year disrupted. According to the education department, 81 approved student applicants had submitted proof of enrollment in a participating private school as of late Monday.

Chris Wood, a Nashville attorney representing parents and taxpayers in a second lawsuit opposing the law, said such disruptions aren’t the point.

“If it’s unconstitutional, it’s unconstitutional,” Wood told Chalkbeat after the hearing. “We tried very hard to get the state to hold off on any launch while the case is still being argued, but the state has insisted on pressing on.”

An attorney for the Arlington, Virginia-based Institute for Justice, one of several pro-voucher groups that have intervened in the case, said the “bigger disruption” is for families whose public schools are “failing to meet the needs of their students.”

“The ESA program is a godsend for them,” said Arif Panju, the institute’s senior attorney.

Tennessee is among more than 20 states that have either started or expanded voucher-type programs in the last two years.

West Virginia and Arizona have gone the furthest on school choice, creating options to provide so-called education or empowerment scholarships to most or all of their public school students. Both face hurdles, with a legal challenge blocking West Virginia’s program and an effort to put Arizona’s measure to voters.

Voucher laws are also being legally challenged in Kentucky, Ohio, and North Carolina.

“A lot of the claims come down to voucher programs violating duties and guarantees under the education clauses of their state constitutions,” said Jessica Levin, deputy litigation director at the Education Law Center, one of several anti-voucher groups involved in Tennessee’s case.

This story has been updated to include the number of approved ESA applicants who have submitted proof of private school enrollment to the state.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

16 back-to-school stories with news you can use

2022-09-06T14:28:12+00:00

Hey, Michiganders (er, Michiganians)! It’s officially the first day of school in Michigan for districts and charters that didn’t get the OK from the state to start early. The back to school shopping is all done, all the supplies are in the backpacks, and the kids are back in the classroom. Now it’s time to turn our focus to news you’ll need to know heading into this 2022-23 school year.

Here, we’ve compiled some Chalkbeat stories with important information on some key issues, such as COVID safety protocols, test score performance, third-grade retention, chronic absenteeism, and staffing challenges.

Also, be sure to sign up for our newsletter here, and read more about our team here.

COVID safety protocols

Where Michigan school districts stand on COVID protocols

Masks are now optional for Detroit district students

Attendance/Chronic absenteeism

Detroit launches attendance initiatives as rising absenteeism threatens pandemic recovery

Detroit’s back-to-school enrollment efforts take on new urgency

Staffing vacancies

Michigan’s teacher shortage: What’s causing it, how serious is it, and what can be done?

Michigan programs provide route for second-career teachers. Are they rigorous enough?

Detroit school district moves closer to being fully staffed

Legislative action

5 policy changes affecting Michigan classrooms, cafeterias, and school buses

Betsy DeVos-backed school voucher-like initiative submits Michigan petitions

6 Michigan education proposals that lawmakers punted to the fall

COVID relief spending

COVID aid is a lifeline for financially troubled Michigan districts. Can they stay healthy?

Without state leadership, Michigan’s patchwork tutoring programs struggle to address learning loss

Gov. Whitmer proposes $280 million tutoring investment for Michigan

Michigan student test performance

Michigan test scores down sharply from pre-pandemic

Reading skills gap grows in Michigan

Detroit district students slide back on M-STEP tests as pandemic challenges linger

Ethan Bakuli is a reporter for Chalkbeat Detroit covering Detroit Public Schools Community District. Contact Ethan at ebakuli@chalkbeat.org.

Betsy DeVos-backed school voucher-like plan for Michigan submits petitions

2022-08-10T22:55:59+00:00

A Michigan group proposing a voucher-like school scholarship program turned in petitions for an initiative organizers hope to put before the Republican-led Legislature for approval this year.

Let MI Kids Learn, backed by former U.S. Education Secretary Betsy DeVos, turned in more than 500,000 signatures to the state Wednesday afternoon.

The two-part initiative would create a tax credit program for donors to a Student Opportunity Scholarship program that would help families pay for children’s education, including private tuition and home-school materials.

Supporters say the program would empower parents and help students catch up from COVID-related learning losses. Critics say the scholarships could undermine traditional public education and reduce state revenues.

The group needs 340,047 valid signatures to advance the initiative to the Legislature but will first need approval from the Michigan Bureau of Elections and Board of State Canvassers.

Let MI Kids Learn missed the deadline to submit petition signatures for the 2022 ballot.

Organizers hope the initiative bypasses the ballot altogether and instead is adopted by lawmakers this year or next, if Republicans retain their majorities in the Michigan House and Senate in upcoming November elections.

Democratic Gov. Gretchen Whitmer vetoed similar legislation last fall, citing projections it could reduce state revenue by $500 million annually while arguing it could turn “private schools into tax shelters for the wealthy.”

The Michigan Constitution, however, includes a rare provision allowing lawmakers to enact legislation initiated by petition drives without a signature from the governor. And GOP gubernatorial nominee Tudor Dixon supports the scholarship plan.

“We’re pretty darn confident” Republicans will retain legislative majorities next term, but “it’d be pretty darned nice to just get it over with,” Let MI Kids Learn spokesperson Fred Wszolek told Bridge Michigan.

Timing will depend on processing speed at the Michigan Bureau of Elections, which is reviewing other petitions and will help oversee the statewide general election in November.

Elections officials took less than two months to review — and ultimately recommended that canvassers reject — signatures for a failed ballot proposal this year that would have capped payday-loan interest rates.

Staffers are currently reviewing petition signatures for abortion rights and voting rights constitutional amendments that could still make it to the November ballot.

“They’ve proven they can move this stuff pretty darn quickly when they want to,” Wszolek said, urging a fast review.

Let MI Kids Learn has raised more than $8 million for the petition drive and campaign, according to July disclosure reports submitted to the state. Of that, a combined $3.2 million came from Betsy and Dick DeVos, along with another $1.1 million from Doug and Maria DeVos.

At least 23 states have established similar tax credit programs over the past 15 years. Those programs have been linked to some academic improvements and increased college access, according to a Bridge review, but critics say the research is mixed at best and often funded by school choice boosters.

The initiative is the second Republican-backed petition in the past two weeks to submit signatures after missing a deadline for this November’s ballot, following Secure MI Vote, a petition to tighten election rules by requiring voter ID, limiting mail-in ballots and banning outside funding for elections.

Organizers of that effort also hope it is adopted by the Legislature.

Jonathan Oosting is a reporter for Bridge Michigan. You can reach him at joosting@bridgemi.com.

Court declines to block Tennessee’s private school voucher program

2022-08-05T23:27:56+00:00

A judicial panel declined Friday to block Tennessee’s private school voucher program from launching this school year, as the state began accepting applications from families in Memphis and Nashville seeking taxpayer money to pay for a private education.

The judges said plaintiffs in two lawsuits against the state, including one from local governments in the two cities, failed to show that a second injunction against the program was warranted.

“Specifically, we are unpersuaded that the harm the Plaintiffs believe to be imminent is sufficiently irreparable or certain so as to justify blocking the implementation” of the state law at this stage of the litigation, the judges wrote.

In their 13-page decision, the judges also said they weren’t convinced the plaintiffs are likely to succeed in their remaining challenges to Tennessee’s 2019 education savings account law.

The ruling, following a nearly four-hour hearing earlier in the day, clears the way for Gov. Bill Lee’s administration to begin giving approximately $8,000 in taxpayer money to each of up to 5,000 families in the program’s first year.

State officials said 2,185 families and 83 private schools completed forms in July to indicate they are interested in participating. But it’s uncertain how many families will qualify.

To be eligible, a family must be zoned to attend Memphis-Shelby County Schools, Metropolitan Nashville Public Schools, or the state-run Achievement School District. The student had to attend public schools last year for the full school year, or be set to enroll this year for the first time. And household income can’t exceed twice the federal income eligibility guidelines for a free school lunch, which is $47,606 for a family of two or $72,150 for a family of four.

Motions asking the court to block the rollout were the latest attempt by Nashville and Shelby County governments, along with several anti-voucher groups representing parents, to stall the program as they challenge the state’s voucher law in court.

The Tennessee Supreme Court upheld the voucher law in May based on one legal challenge. Then in mid-July, a separate three-judge panel lifted a court order that had mothballed the program starting in 2020. That same day, the governor announced plans to resume work immediately to start the program in the upcoming school year, just weeks away. The state’s education department has been scrambling ever since to meet those expectations.

Lawyers seeking a second injunction argued the expedited rollout was confusing for families and creating havoc as Memphis-Shelby County Schools and Metropolitan Nashville Public Schools start their new school year on Monday.

“Nothing requires the state defendants to push this forward at a rocket’s pace after the injunction was lifted, just before the school year started,” said Allison Bussell, Metro Nashville’s associate law director, representing the two local governments.

She argued that allowing the program to start will cause irreparable harm to both districts, which she said stand to lose $26 million this school year if 3,000 students shift from public to private schools — while the districts must maintain and staff the same number of schools.

“Taking millions of dollars away from public schools and sending it to private schools will never help those public schools,” Bussell said.

But Stephanie Bergmeyer, a lawyer for the state, noted that the the districts will receive school improvement grants to offset any financial losses during the program’s first three years.

She and fellow state attorney Jim Newsom also said the state is simply following state law to get the program off the ground.

“This court previously erred by issuing an injunction that froze in place the state defendants against taking any steps in preparation toward the implementation of the ESA act on the basis that the act violated the Tennessee home rule amendment,” Newsom said. “The panel should not multiply the error by imposing a temporary injunction before trial based on the secondary arguments that the plaintiffs now advance.”

The plaintiffs will head back to court on Sept. 19 to argue remaining complaints in the case. They say the law violates the state constitution’s “equal protection” clause, under which the state is obligated to maintain a system that provides for substantially equal educational opportunities for its residents. Vouchers, they say, would create unequal systems by targeting two counties and diverting funds from their public school systems to private and home schools.

“We are confident [the court] will recognize the merits of our clients’ claims and the many ways this voucher program violates the essential guarantees of the state constitution,” said Chris Wood, a Nashville attorney representing nine public school parents and community members in a second lawsuit against the state.

But others representing several pro-voucher groups called the judges’ ruling a victory for families who want more education choices for their children.

“School choice should not wait a day longer in Tennessee; and after today’s ruling, it won’t,” said Arif Panju, senior attorney for the Virginia-based Institute for Justice.

Research on the effectiveness of vouchers is mixed. Recent studies have found that using a voucher tends not to help — and may even harm — students’ test scores, especially in math. Other studies, though, have found neutral or positive effects of vouchers on high school graduation and college attendance.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Private school vouchers draw interest from 2,185 Tennessee families

2022-07-27T00:06:24+00:00

Nearly 2,200 families completed forms by this week’s deadline to indicate interest in participating in Tennessee’s private school voucher program in Memphis and Nashville.

But it’s uncertain how many of the 2,185 families and 84 schools will qualify as the state education department works to roll out the program with less than two weeks until the start of a new school year.

Last Friday, attorneys for local governments in Nashville and Shelby County filed a motion calling the launch “rushed” and “haphazard,” and asked judges to block the start of Gov. Bill Lee’s education savings account program for a second time while they challenge the constitutionality of the state’s 2019 voucher law in court.

A three-judge panel will hear their request and a similar motion from attorneys representing parents in a second lawsuit against the state. The Aug. 5 hearing in Davidson County Chancery Court will come just three days before public schools reopen in Memphis and Nashville.

The two lawsuits cite provisions in the state constitution that guarantee equal protection under the law. They argue that while the state is obligated to maintain a system that provides for substantially equal educational opportunities for its residents, vouchers would create unequal systems by targeting two counties and diverting funds from their public school systems to private and home schools.

Recent filings by their attorneys also blast the state for working to roll out the program in a matter of weeks. One motion cited statements in court by state officials in the spring of 2020 saying that preparations needed to happen in mid-February to early March to enroll students for the following fall.

Officials with the education department declined to comment Tuesday on the litigation, while a spokeswoman for the state attorney general’s office did not respond to a request for comment.

The expedited timeline was set in motion in May when the Tennessee Supreme Court upheld the state’s 2019 voucher law. Then, on July 13, a judicial panel lifted a 2-year-old order that blocked the program’s original launch in 2020. That same day, the governor announced plans to resume work immediately to start the program with the upcoming school year.

Within a week, the Tennessee Department of Education had relaunched its education savings account website and invited interested participants to complete single-page forms online between July 19-25. On Tuesday, spokesman Brian Blackley provided the results and emphasized that none of those forms had been vetted.

The next step is for interested parties to submit longer, more detailed applications so the department can determine eligibility — a process that will take up to 21 business days. However, online applications are not yet available, and Blackley said more information about those forms will be shared “in the coming days.”

This year’s accelerated timeline means approved students would start classes in public schools on Aug. 8 before transitioning later to a private education. Families also must still get separate applications approved from state-approved private schools that have seats available as the school year begins.

It’s uncertain how many of the interested families and schools want to participate immediately, at the middle of the school year, or at the beginning of the 2023-24 school year. The state listed all three as options on its first round of forms.

“We are working to process the forms at this time and will be able to share additional details in the coming days,” Blackley said.

By law, the program is capped at 5,000 students in its first year, and enrollees will receive approximately $8,192 in taxpayer money to attend private schools.

According to online information provided by the department, applications will be processed in the order they are received. Families that did not complete an interest form may still apply, Blackley added.

In May 2020, when Nashville Chancellor Anne C. Martin overturned the voucher law because it applied only to two cities without their say, 52 private schools had been approved to participate, and about 300 applications from families appeared to be on track for approval. At the time, state officials said they expected about 500 students would participate in the first year, with plans to expand the program eventually to 15,000 students.

As the governor spoke to private school leaders in Memphis last week, he said he was encouraged by the response so far this year on a faster timeline.

Education Commissioner Penny Schwinn has said her department will manage the program internally this school year, then plan to use an outside vendor in the 2023-24 school year.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

After court rulings, Tennessee governor wastes no time rolling out private school voucher program

2022-07-21T00:41:53+00:00

Less than a week after judges allowed Tennessee to resume work on its long-stalled private school voucher program, the program’s website roared back to life, and forms are available online for families and private schools in Memphis and Nashville interested in participating.

By Wednesday, Gov. Bill Lee announced, some 600 families had completed the form, and 40-plus private schools in the two cities had committed to making seats available for them when the school year begins — just three weeks from now.

“There was an urgent need for school choice in 2019, and finally, parents in Memphis and Nashville won’t have to wait another day to choose the best educational fit for their children,” Lee said in a statement.

The July 13 court order lifted an earlier order that blocked the program from launching as originally planned in 2020. Within hours, Lee directed his administration to speed ahead to roll out the program, despite the tight schedule and looming legal efforts by voucher opponents seeking to block the start again.

Lee, who met with private school leaders in Memphis on Wednesday, surprised even his own education department by announcing last week that work would resume immediately “to help eligible parents enroll this school year.”

The flurry of activity shows Lee’s determination to swiftly enroll as many students as possible — up to the 5,000 allowed in the first year — after two years of delays and fierce legal battles over the state’s voucher law. Tennessee lawmakers had debated vouchers for more than a decade before a GOP-controlled legislature passed Lee’s 2019 education savings account proposal with a dramatic, razor-thin, and controversial House vote.

Picking up the pace

Tennessee has been a battleground in the national fight between those who want to use taxpayer money to give parents more education choices and others who say that approach diverts money from already underfunded public schools.

Leaders of the pro-voucher American Federation for Children have been key allies of the Republican governor in lobbying for the state’s voucher law and promoting the program, including organizing Wednesday’s meeting between Lee and about 45 private school leaders from the Memphis area.

The gathering was at St. Benedict at Auburndale High School, a Catholic campus located in the mostly white and affluent suburb of Cordova, east of Memphis, and where tuition costs over $13,000 a year. The average taxpayer-funded voucher would provide about $8,000 this year to help families pay expenses including tuition, fees, textbooks, computers, exams, and tutoring services at approved private schools.

Asked later by reporters how families might fill the gap, Lee said that “every school has a different strategy” for financial aid and that many already provide scholarships to students needing help.

The governor added that his education department was still working through a lot of the details.

In an interview earlier Wednesday with Chalkbeat, Education Commissioner Penny Schwinn acknowledged that her department faces a heavy lift with the expedited launch, starting with getting students and private schools to sign up, then making sure participants meet the state’s eligibility standards. The state also has to set up systems and processes for redirecting public education spending in Memphis and Nashville, the only two cities where the program is operating, to private schools and vendors.

Penny Schwinn has been Gov. Bill Lee’s education commissioner since he became governor in 2019.

“We’re really trying to catch up and meet the governor’s office’s expectations on this,” Schwinn said, “and to do so with a very clear focus that we will roll out when we feel like we can meet our commitments to families.”

State officials hoped to roll out the full program at the start of a new school year. But the timing got tricky when the state Supreme Court upheld the voucher law in May, and a lower court cleared the way for work to resume on the program just weeks before the Aug. 8 start of classes.

Lee’s administration settled for a rolling launch that gives families and private schools that want to participate three possible start dates to choose from.

“I think the timeline in July is very challenging for us,” Schwinn said, “and so right now, we just want to know how many parents are out there that might want to participate, and do they want to do it this August, this January, or next August?”

Managing the program is another challenge, and Schwinn is looking to Eve Carney, her chief of districts and schools, to oversee the application process and financial systems. The commissioner expects to hire an outside vendor to help with that oversight in the 2023-24 school year and said the department will seek bids for that work in the next few months.

The department already oversees a statewide private school voucher program for students with disabilities, but it is small in scope and had more time to launch in the middle of the 2016-17 school year with 36 families. Even so, the program has experienced some glitches responding to participating families as it has grown to 284 students amid staff turnover in the department.

Supply and demand

Another challenge is the capacity of private schools to accommodate families who want to participate.

For the original launch planned for the 2020-21 school year, 62 schools had signed on to participate. But the pandemic has created tremendous enrollment shifts, as more students than usual moved from public to private schools, especially in Nashville and Memphis, where districts stuck with remote learning and mask mandates the longest. Students in early grades pivoted the most, essentially filling up those private sector seats.

As private school leaders try to work with Lee’s administration under the expedited timeline, not everybody will get what they want, they say.

“Capacity will vary by individual schools,” said Sarah Wilson, executive director of the Tennessee Association of Independent Schools. “Some schools, particularly in the Nashville area, may only have room in one grade, if at all. Other schools have the capacity to add several students and are interested in doing so.”

Brad Goia, who leads a coalition of independent schools in the Nashville area, said “the likelihood of adding students now is not great.”

“Private schools by and large have benefited from a relatively strong economy and the popularity of Nashville, with lots of people moving in,” said Goia, who is also headmaster of Montgomery Bell Academy. “Most, if not all, private schools are close to capacity. I’m sure some schools would view this as a good opportunity to perhaps enlarge their base of diversity. And a few would look at it as a way to fill some seats.”

His counterpart in Memphis, Bryan Williams, said enrollment is “pretty much set for the year” at the city’s most competitive schools. But a small number of slots could be available at some schools, he said.

“There’s definitely some room for students to come in through ESAs, but that will vary from school to school,” said Williams, head of Christ Methodist Day School and director of the Memphis Association of Independent Schools.

Williams said his school could accommodate between five and 10 students at some grade levels. “If you spread those numbers across 30 schools, it can add up,” he said.

Admissions processes for private schools generally kick off a year before students enter, with most students applying by December and the most competitive schools setting their enrollment for the following school year by mid-March.

“Right now, the ESA program isn’t matching up with how private schools do admissions and enrollment,” Williams said.

Looming legal challenge

Voucher opponents behind two lawsuits against the state are expected this week to seek a court order blocking the program for a second time while they challenge the constitutionality of the law based on several remaining claims.

On Tuesday, attorneys representing nine public school parents and community members in Memphis and Nashville filed papers in Davidson County Chancery Court giving notice of their intention to seek an injunction this Friday. And on Wednesday, lawyers representing the governments of Shelby County and Metropolitan Nashville in a separate lawsuit filed a similar notice with the court.

Both groups asked for an expedited schedule for the judicial panel to consider their motions.

Asked Wednesday about the prospect of another bruising legal fight, the governor suggested that his administration will take matters one at a time.

“There’s been talk that that could possibly happen,” he said, “but we’re just working on the high-quality implementation of the plan right now.”

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org. Samantha West is a reporter for Chalkbeat Tennessee, where she covers K-12 education in Memphis. Connect with Samantha at swest@chalkbeat.org.

Private school voucher opponents will seek to block Tennessee’s ‘rushed’ launch

2022-07-19T21:43:09+00:00

Lawyers suing Tennessee over its private school voucher law say they will seek to block the program’s launch for a second time while they challenge the constitutionality of the embattled 2019 statute.

Attorneys representing nine public school parents and community members in Memphis and Nashville filed papers Tuesday in Davidson County Chancery Court giving notice of their intention to seek an injunction this Friday. They asked for an expedited schedule for a judicial panel to consider the motion.

The latest legal volley comes less than a week after the three judges lifted a 2-year-old court order blocking the program’s start — and as Gov. Bill Lee’s administration prepared to relaunch the state’s education savings account website to sign up students and private schools in Tennessee’s two largest cities for the upcoming school year.

Online forms signaling intent to participate are already live, and families can soon apply to start at the beginning or middle of the 2022-23 school year, or at the outset of the 2023-24 school year. Those who are approved can receive taxpayer money to help pay for private school tuition or other private education services.

The struggle over Tennessee’s voucher law is part of a national tug-of-war between those who want to use taxpayer money to give parents more education choices and others who say that approach diverts money from already underfunded public schools. Earlier this month, Arizona Gov. Doug Ducey signed a massive expansion of that state’s voucher program, while a judge in West Virginia struck down a new law to create the nation’s broadest voucher program.

Work on setting up Tennessee’s voucher program resumed last week based on a recent state Supreme Court ruling upholding the voucher law. The court rejected arguments and lower-court rulings that the program was unconstitutional because it applied to only two counties without their approval.

But big questions have loomed over how quickly the state could reasonably restart the program after July 13, when the judicial panel lifted the 2020 order that prevented the original launch for the 2020-21 school year.

In their filing Tuesday, attorneys for the parents noted that a lawyer for the attorney general’s office told chief judge Anne Martin last week that “decisions haven’t been made” about the timeline of the rollout, which Martin had anticipated would start with the 2023-24 school year.

“Mere hours later, defendant Governor Bill Lee released a statement contending that the Court’s order vacating the injunction ‘removed the final roadblock’ to implementing the Education Savings Account voucher program and that ‘starting today, we will work to help eligible parents enroll this school year,” the document said.

The attorneys asserted that “implementation of the ESA voucher program, particularly on this extremely rushed basis, will cause irreparable harm” while the court considers several remaining complaints from two lawsuits. They said an expedited hearing is warranted given that the school year begins on Aug. 8 for Metro Nashville Public Schools and Memphis-Shelby County Schools.

A spokeswoman for the state attorney general office declined Tuesday night to comment about the filing.

In their lawsuit filed in 2020, the parents contend that diverting millions of dollars to private schools that were appropriated to public schools in Memphis and Nashville violates the constitutional rights of public schoolchildren to receive an adequate and equitable education.

The governments of Shelby County and Metropolitan Nashville also sued the state over the law, which they said “unilaterally and arbitrarily” targets their communities — and saddles them with an unfair financial burden.

The judicial panel is expected to consolidate the two cases going forward.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee can begin rolling out private school voucher program, court rules, ending 2-year block

2022-07-13T22:50:37+00:00

Tennessee can resume work on its mothballed private school voucher program after a judicial panel lifted a 2-year-old order blocking it.

On Wednesday, a three-judge panel cleared the way for Gov. Bill Lee’s education savings account program to proceed in Memphis and Nashville based on the recent Tennessee Supreme Court ruling upholding the 2019 voucher law.

Now the question is how quickly the state can roll out vouchers to provide eligible families with taxpayer money to attend private schools or to pay for private education services.

In a statement, the governor said his administration will work “starting today” toward enrolling eligible students for the upcoming school year.

And at a court hearing on Wednesday, one of the state’s lawyers suggested Tennessee would pursue a launch soon, even as school starts next month and the law still faces other legal challenges.

A spokesman for the state education department declined to give a timetable, but said that the state “is excited to restart work to plan for implementation of the ESA program.”

The voucher program, which originally was to start in the fall of 2020, was the signature legislation of Lee’s first year in office after he had campaigned to give parents more choices for their children’s education. But it has been mired in legal battles for almost three years and has yet to provide a single student with voucher funds.

During a court hearing on the status of the case, state officials were vague about a start date. But when pressed for a timeline by Chancellor Anne C. Martin, attorney Stephanie Bergmeyer suggested Tennessee could pursue a launch sooner than the 2023-24 school year.

“Those decisions haven’t been made because some of the analysis and the work within the department — contacting schools and parents — has not occurred because of the [previous] injunction,” said Bergmeyer, representing the state attorney general’s office.

Bergmeyer said launching the program at the beginning of a school year would be “an ideal implementation and time frame.” But she suggested the state could look to other points in the school year after checking with interested families and participating private schools.

“The state has not had any communication with potential participating schools to see if those deadlines could be amended for the 2022-23 school year,” she told the judges.

Experts say a program with the complexities of vouchers cannot be rolled out quickly. Private schools have application deadlines months before the school year starts — often by April or May — in order to make hiring decisions during the summer. The state also needs to receive, review, and approve applications from potentially thousands of families.

Martin told Bergmeyer she was surprised the state would consider deviating from the 2023-24 school calendar and warned state officials about setting “artificial timelines” that could rush either the department or the court.

“If we … go on some sort of incredibly sped up, incredibly expedited basis, we’re only going to do that if that’s really necessary because we want to do it right, of course,” said Martin, the chief judge of the new judicial panel that includes Judges Valerie Smith of Memphis and Tammy Harrington of Maryville.

Chris Wood, an attorney in a second lawsuit opposing the program, said his clients likely would ask the court to block the launch if the state pursues a swift path.

“School starts in less than a month,” Wood said. “If the state really is intending to do that, we would obviously have to consider whether we’re going to file for another injunction.”

The program has been stuck at the starting gate since mid-2020 when Martin overturned the law on the grounds that it violated the Tennessee Constitution’s “home rule” clause, since it was imposed on only two counties without their approval. But on appeal, the high court disagreed in May and said the home rule clause governs the actions of local school districts, not the counties that sued, even though they help fund those schools.

The law still faces other legal challenges based on a 2020 lawsuit filed by the Metropolitan Nashville and Shelby County governments, as well as a second lawsuit filed on behalf of 11 public school parents and community members in those communities. Those two cases likely will be consolidated soon by the judicial panel.

Among remaining complaints is that the law violates the state constitution’s “equal protection” clause, under which the state is obligated to maintain a system that provides for substantially equal educational opportunities for its residents. Attorneys for the plaintiffs argue that vouchers would create unequal systems by targeting two counties and diverting funds from their public school systems to private and home schools.

Another issue is Tennessee’s transition to a new funding formula for the 2023-24 school year. The voucher law was created under the current formula that ends June 30, 2023. But the legislature revised the voucher law to use the new formula for determining the amount of taxpayer money awarded for vouchers.

Allison Bussell, an attorney representing Nashville and Shelby County, argued that the funding transition has “effectively delayed the implementation of the ESA Act” until after next July 1.

Later Wednesday, some education leaders asked why Lee is rushing a rollout.

“This could create more bureaucracy or use of outside contractors,” said JC Bowman, executive director of Professional Educators of Tennessee. “We know that there are also likely to be capacity issues and tuition challenges with some private schools, as well as not enough certified teachers.”

He added that a botched launch won’t bode well for the future of Tennessee’s pilot voucher program.

“Where tax dollars go, accountability must follow,” Bowman said.

Brandon Puttbrese, spokesman for the Tennessee Senate Democratic Caucus, seized on the new developments to slam the supreme court’s recent decision, which he said “circumvented years of judicial precedent for political expedience.”

Puttbrese added that voucher allocations “won’t come close to covering tuition at the best private schools, but it will steal real resources from public school students in need.”

Lee’s program originally designated about $7,300 annually to each eligible student who moves from public to private or home schools in Memphis and Nashville. But that amount likely would be higher when the state’s new funding formula takes effect. By law, the voucher program can start with up to 5,000 students in its first year, potentially reaching 15,000 students by the fifth year.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Supreme Court says religious schools can’t be singled out for exclusion from public dollars

2022-06-21T15:20:43+00:00

The Supreme Court has made it a bit easier for K-12 religious schools to access public dollars, the latest in a string of cases to do so.

Tuesday’s ruling, by the court’s 6-3 conservative majority, declares that states can’t limit religious schools from accessing public funding just because they are religious.

Maine’s voucher program “operates to identify and exclude otherwise eligible schools on the basis of their religious exercise,” wrote Chief Justice John Roberts in the majority opinion in Carson v. Makin. And that violates the First Amendment guarantee of freedom of religion, he said.

But the decision won’t turn on a money spigot for religious private schools. Maine will have to allow those schools into its small voucher program, but the ruling does not require states to offer funding to religious schools if they don’t already fund private schools.

The decision effectively ends one chapter of litigation, appearing to close the last possible door for states to exclude religious schools from private school aid programs. And it could mark the beginning of a new series of lawsuits, including about whether charter schools can be religious and whether states can exclude private schools of all kinds from government aid.

Backed by a conservative law firm, the latest suit was brought by two families who were eligible for Maine’s small voucher program that pays private or public school tuition for students who are located in rural parts of the state.

One of the families paid for tuition at a religious school with their own money, but would have liked to use a voucher. Another family used a voucher to send their child to a secular private school, but would have preferred a religious school. By state law, religious private schools are ineligible to receive funding from the voucher program.

“The State pays tuition for certain students at private schools — so long as the schools are not religious,” wrote Roberts. “That is discrimination against religion.”

The court’s three liberal judges disagreed. In dissent, Justice Stephen Breyer argued that Maine had actually treated students eligible for a voucher the same as all the other students in the state — eligible for a publicly funded secular education, but not a publicly funded religious education.

“Maine has promised all children within the State the right to receive a free public education,” Breyer wrote. “In fulfilling this promise, Maine endeavors to provide children the religiously neutral education required in public school systems.”

The court’s liberal justices also raised concerns about discrimination in private schools. They pointed out that the schools that the plaintiffs’ children attend or would like to attend have policies that bar gay teachers and students.

“While purporting to protect against discrimination of one kind, the Court requires Maine to fund what many of its citizens believe to be discrimination of other kinds,” wrote Justice Sonia Sotomayor in another dissent.

It’s not clear whether the ruling would clear the way for these particular schools to participate in the state’s voucher program, since Maine law generally bars discrimination based on sexual orientation. That itself could be subject to further litigation.

Tuesday’s decision was widely expected and follows similar cases in 2017 and 2020.

This case won’t have much immediate impact beyond Maine, though.

That’s because nearly all private school choice programs already allow religious schools to participate. Maine, as well as Vermont, which has a comparable program, are exceptions. (Vermont lost a similar lawsuit recently, and the state legislature has been wrestling with how exactly to include religious schools.)

Critically, the decision does not require states to offer public funds to private schools. In his majority opinion, Roberts reiterated something he wrote in the 2020 case: “A State need not subsidize private education. But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

This is a blow to private school advocates in Michigan, including former Education Secretary Betsy DeVos who is backing an effort to create a tax-credit funded voucher program there. The state’s constitution bars aid to private schools, religious and non-religious alike, and that appears to be permissible under today’s decision.

Still, Michigan school choice advocates have filed their own federal lawsuit arguing that the barring aid to private schools is unconstitutional. They may draw on aspects of the latest Supreme Court decision to bolster their case.

Meanwhile, there may also be an opening for religious charter schools, a possibility noted in Breyer’s dissent. Presently, charter schools across the country must be secular in their operation and instruction. This decision doesn’t change that, but some legal scholars say in future cases, the same logic could be applied to charter schools.

Might prohibiting religious charter schools amount to an illegal form of discrimination under the Constitution? The Supreme Court may eventually have to answer that question.

“Charter schools are the next frontier,” Preston Green, an education law professor at the University of Connecticut, previously told Chalkbeat.

Matt Barnum is a national reporter covering education policy, politics, and research. Contact him at mbarnum@chalkbeat.org.

Tennessee’s private school voucher law survives local challenge in state Supreme Court

2022-06-13T22:55:04+00:00

The Tennessee Supreme Court has declined to reconsider its recent decision upholding the state’s 2019 private school voucher law.

In a brief order issued Monday, the high court stood by its 3-2 ruling on May 18 in favor of the state and against the governments of Metropolitan Nashville and Shelby County, the only two counties affected by the law.

The decision marks another legal win for Gov. Bill Lee’s education savings account program, the signature legislation of his first year in office, although other court challenges loom.

The program aims to provide taxpayer money to pay toward private education for eligible students in public school districts in Memphis and Nashville, but it has never launched because of the fierce legal battle.

In 2020, a judge overturned the law on the grounds that it violated the Tennessee Constitution’s “home rule” clause, since it was imposed on the two counties without their approval. But on appeal, the high court disagreed last month and said the home rule clause governs the actions of local school districts, not the counties that sued, even though they help fund those schools.

Attorneys for Nashville and Shelby County quickly asked for a rehearing, arguing in part that the home rule clause should apply because Nashville’s school system is part of a metropolitan form of government.

But the court declined to wade again into their claim.

“The court previously considered the issues raised in the petition in the course of its resolution of the appeal,” the court wrote in a four-sentence order.

A spokesman for Nashville Mayor John Cooper expressed disappointment over the order, while Nashville Law Director Wally Dietz said his office is “evaluating next steps for the remaining claims in our lawsuit.”

Meanwhile, Lee’s mothballed education savings account program remains stuck at the starting gate.

Litigants behind a second lawsuit in the case say they intend to press ahead with up to four remaining claims challenging the law’s constitutionality. And Dietz and his legal team are considering a similar move on behalf of local governments based in the state’s two largest cities.

In addition, a program with the complexities of vouchers requires significant preparation before a rollout and likely could not be ready before the start of the new school year in August.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee private school voucher law is stuck at the starting gate, despite court victory

2022-05-27T16:59:11+00:00

Three years after squeaking through the legislature, Tennessee’s controversial private school voucher law has yet to provide a single eligible student with public funding to pay for private schooling — a record that will be difficult to change this fall.

Despite a favorable ruling this month by the state’s highest court, Gov. Bill Lee’s administration must clear numerous legal and logistical hurdles before launching his mothballed Education Savings Account program.

The state Supreme Court’s ruling on May 18 invalidated one of the claims brought by opponents of the law. But litigants behind one of two lawsuits in the case say they intend to press ahead with up to four remaining claims challenging the law’s constitutionality. And plaintiffs in the other suit are considering a similar move.

Equally important, a program with the complexities of vouchers cannot be rolled out in short order. The state education department must process applications from potentially thousands of families — each involving an average of 12 interactions with the applicant, according to court documents. It must revisit its roster of dozens of private school participants and put processes in place to oversee the spending of millions of taxpayer dollars — all in alignment with the school year that, in Tennessee, generally begins in early August.

“The state must begin making administrative preparations by early March or else the ESA Pilot Program will not be ready by fall,” stated a motion by voucher proponents seeking to lift the initial order while the case was under appeal.

The circumstances mean Tennessee’s primary voucher push is likely to remain on pause while lawyers hash out their arguments in court, similar to other voucher battles playing out in Kentucky, Ohio, and West Virginia.

Lee, who has set aside $29 million annually in the state budget to cover the program’s cost, acknowledged the uncertain road ahead when reporters pressed him recently for a new voucher timeline in light of the court decision.

Gov. Bill Lee has sought more education choices for parents since taking office in 2019.

“There are legal decisions yet to be made and, until those are made, then there can’t be any steps going forward,” he said.

Lee’s voucher law passed in 2019, and the education department spent 10 months preparing for its launch. That was all before the pandemic struck. In the years since, private school enrollment has surged in both Memphis and Nashville, the program’s two pilot areas, adding a new hurdle for the voucher program: limited capacity.

“The pandemic brought tremendous shifts in enrollment,” said Claire Smrekar, a Vanderbilt University associate education professor who studies voucher demographics. “If capacity is not in place with independent private schools, then you’re looking at a whole array of problems with this policy right out of the gate. And that will diminish faith in this notion of providing new choices for parents.”

Legal issues are far from settled

Lee’s Education Savings Account program would designate about $7,300 annually to each eligible student who moves from public to private or home schools in Memphis and Nashville. The program was to start with up to 5,000 students in its first year, potentially reaching 15,000 students by the fifth year.

But a Nashville judge blocked the law before its scheduled start in the fall of 2020, ruling for plaintiffs who said it violates the state constitution’s “home rule” provision, which says lawmakers can’t pass legislation that singles out individual counties, unless they have local support. An appeals court agreed.

The legal challenge came from Davidson and Shelby counties, the only two affected by the law. In order to win support, sponsors stripped out other counties with low-performing schools, so the law would apply only to students enrolled in the state’s two largest cities.

In its 3-2 ruling, the high court overturned the lower courts and declared the law doesn’t violate the home rule clause because it governs the actions of local school districts, not the counties that sued and which help to fund those schools.

While Lee hailed the ruling as “a good first step,” voucher critics called it a setback for the principle of local control in Tennessee.

“If the Home Rule Amendment doesn’t stop the legislature from singling out two of 95 counties for injury, I’m not sure why we have a Home Rule Amendment,” said Senate Minority Leader Jeff Yarbro, a Nashville Democrat.

“The trial court and appellate court struck down education savings accounts based on very sound reasoning,” added Wallace Dietz, the law director for Metro Nashville government, whose team has huddled in recent days to determine next steps.

Dietz has until May 31 to decide whether to ask the Supreme Court to reconsider the matter. “We continue to evaluate all options, including the possibility of filing a motion to reconsider,” he said Thursday. (Update: Before the deadline, Metro Nashville petitioned the court to review its ruling and argued that the reasoning outlined in the majority opinion is wrong.)

Meanwhile, other attorneys are analyzing the path forward based on claims in a second lawsuit filed in 2020 on behalf of 11 public school parents and community members in Memphis and Nashville.

“We still feel very strongly about the remaining claims and intend to move forward on them,” said Chris Wood, a Nashville attorney who is litigating that case jointly with the Education Law Center, the Southern Poverty Law Center, and the ACLU.

Their complaint, called McEwen v. Lee, includes four other claims under the Tennessee Constitution:

Public education (Article 11, Section 12): The constitution requires the legislature to provide for a system of free public schools. Attorneys argue that, by funding private schools through vouchers, the state is funding multiple separate systems, which they say is inconsistent with its constitutional obligation.
Equal protection: Several clauses guarantee equal protection under the law. Attorneys argue that, while the state is obligated to maintain a system that provides for substantially equal educational opportunities for its residents, vouchers would create unequal systems by targeting two counties and diverting funds from their public school systems to private and home schools.
Appropriation of public monies: (Article 2, Section 24): The constitution requires the General Assembly to appropriate the estimated first year’s funding for every law passed during a legislative session, but the state did not do that when the voucher bill passed in 2019. Attorneys argue that failure makes the law null and void.
Basic Education Program: The so-called BEP is the statutory formula for allocating state funds to public schools, and attorneys argue that those funds are not designated for private education. But since the state will switch to a different, voucher-friendly funding formula for the 2023-24 school year, the applicability of the BEP claim depends on whether the state tries to implement the voucher law before that transition.

Voucher battles across the nation typically are fought in state court systems, not the federal courts.

“The most common way that voucher laws violate constitutional protections is to undermine the public education guarantees that are core in state constitutions,” said Jessica Levin, senior attorney for the Education Law Center, which is also involved in voucher litigation in West Virginia.

For instance, she said, private schools funded through a voucher program are not likely to have the same level of academic, accountability and anti-discrimination standards as public schools. “Private schools would be allowed to discriminate against students and families based on things like their religion, LGBTQ status, and disabilities,” she said.

New court to hear lingering case

Several of the McEwen suit’s claims overlap with those outlined by Davidson and Shelby counties in their lawsuit. If attorneys for the two local governments decide to argue those claims, the case is likely to be consolidated by a three-judge trial court appointed by the high court to hear them.

The newly named judicial panel is the result of a 2021 state law creating a statewide court to hear constitutional matters related to state government. Nashville Chancellor Anne C. Martin, who overturned the voucher law, will chair the panel that includes Judge Valerie Smith of Memphis and Judge Tammy Harrington of Maryville.

Tennessee’s voucher law includes another issue that could lead to a legal challenge in federal court, however. The law bars the participation of students who are in the U.S. without permission, which could be in conflict with Plyler v. Doe, the 1982 U.S. Supreme Court precedent that bars discrimination in education based on immigration status. No lawsuit has been filed in Tennessee over that matter.

Tamara Henderson, a Memphis mom to two school-age children, is waiting to see how it all works out.

She applied to participate in the program for its inaugural year but received no voucher money when the program was abruptly halted. Her children attended public charter schools this year and she’s trying to get financial aid for her 13-year-old son to attend a private school, where she thinks he’ll be more academically challenged.

“The money would make a tremendous difference for our family and lessen the financial strain,” said Henderson, a single mom who is self-employed. “I’d like to have that choice.”

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Private school voucher ruling has Tennesseans talking. Here’s what they’re saying.

2022-05-19T23:09:52+00:00

Whether characterized as an assault on public schools or a pathway for more education choices for families, this week’s Tennessee Supreme Court ruling in favor of the state’s embattled school voucher law stirred a torrent of public feedback.

Reactions to the 3-2 decision split largely along partisan lines, bringing cheers from many Republicans, including Gov. Bill Lee, who said that the ruling “puts parents in Memphis and Nashville one step closer to finding the best educational fit for their children.”

Wednesday’s ruling revives Lee’s education savings account program, which lets eligible families use taxpayer dollars toward private school tuition or other private educational services. But it doesn’t guarantee the program’s survival.

The decision overturned lower court rulings in favor of the governments of Shelby County and Metropolitan Nashville, which argued that the 2019 law violated the Tennessee Constitution’s “home rule” provision, because it applied only to districts in Memphis and Nashville without local consent.

But several other legal avenues remain open to challenge the law, including a second lawsuit filed in 2020 on behalf of 11 public school parents and community members in Memphis and Nashville based on their students’ constitutional rights to adequate and equitable educational opportunities.

The plaintiffs in that case “have asserted these constitutional claims from the beginning of the litigation challenging the voucher law, and intend to vigorously pursue them,” said a joint statement from the Education Law Center, Southern Poverty Law Center, and the ACLU, which are collaborating on the litigation.

Local governments in Shelby and Davidson counties also could pursue other legal claims.

Here’s what Tennesseans are saying about this week’s long-awaited ruling:

Memphis-Shelby County Schools: “The recent ruling is an unfortunate roadblock on the path toward progress and makes serving students in the state’s largest urban district even more challenging.”

Adrienne Battle, director, Metropolitan Nashville Public Schools: “Private school vouchers undermine our public schools and have failed to support the learning needs of students who have used them in other states where they have been tried. We strongly disagree with the court’s opinion, which undermines the principles of local control and will harm Davidson County taxpayers who will ultimately be on the hook to pay for the state’s voucher scheme.”

Rep. Mark White, R-Memphis: “Our first priority in government is to build strong public schools. But where that is not available, school choice should be an option.”

Kay Johnson, director, Greater Praise Christian Academy, Memphis: “I am overjoyed by the court’s ruling. This program gives students in poor-performing schools the opportunity and support to attend the schools that best suit their needs. That is a win for them, their families, our communities, and our state.”

Sen. Heidi Campbell, D-Nashville: “This could not be worse for Tennessee children in tandem with the bill to transition our entire education program into evangelical hedge-fund schools. This is terrible news for our state.”

Rep. Antonio Parkinson, D-Memphis: “The fact that Davidson and Shelby County taxpayers are singled out as the only counties in the state of Tennessee where the taxpayers are forced to use their tax dollars to fund private school enrollment is absurd and discriminatory. And even more dangerous and disturbing is the precedent this decision sets for the Tennessee General Assembly to continue, with the backing of the highest court in the land, to dump other shit legislation only on the people of these counties.”

John Patton, Tennessee director, American Federation for Children: “The Tennessee Supreme Court made the right decision by declaring that the Education Savings Account program does not violate the HomeRule Amendment. These programs encourage both private and public schools to create new and better options for all students.”

Tennessee Attorney General Herbert Slatery III: “The Education Savings Account program has always been about helping Tennessee students — giving eligible families a choice in education, an opportunity they currently do not have. It challenged the status quo, a move that is always met with resistance. … While there are further court proceedings that need to take place, this is a major step forward.”

Beth Brown, president, Tennessee Education Association: “This ruling is not the end of the fight against private school vouchers. We’ve seen the privatization industry’s playbook come to life in other states and witnessed the damage caused to students and public schools. They start a small program, then expand it, and then expand it a little more, until public education funding is obliterated.”

Tennessee Senate Democratic Caucus: “In this decision, the Supreme Court erased constitutional protections for local control and years of precedent. Not only does this decision usher in a terrible education policy, but it invites more political meddling that surely results in local governments losing freedom and independence from state interference.”

Raymond Pierce, president and CEO, Southern Education Foundation: “There is a long and well-documented history of school voucher programs in the South being used to avoid integration by siphoning public funds out of public schools. … While this law stands for now, the Southern Education Foundation will continue to fight school privatization efforts that would take our nation back to the days of a segregated and inherently unequal education system.”

Justin Owen, president and CEO, Beacon Center of Tennessee: “We are so pleased that the Tennessee Supreme Court affirmed what we have always known: the ESA law is not a violation of the Tennessee Constitution’s Home Rule Amendment. We are fully confident after this decision that families in Nashville and Memphis will finally get the choice opportunities that they deserve.”

Victor Evans, executive director, TennesseeCAN: “A student’s ZIP code or neighborhood should never dictate their future, but without the options and resources that those from wealthier areas enjoy, that is too often the case. Tennessee’s Educational Savings Account program will help address this glaring inequality and need.”

TJ Ducklo, spokesman for Nashville Mayor John Cooper: “We’re disappointed by today’s ruling but will continue to vigorously fight this law through all possible avenues.”

JC Bowman, executive director, Professional Educators of Tennessee: “Legal experts will continue to debate this case on its merits for many years, and it may still face additional legal challenges. The Tennessee Education Savings Account will ultimately be defined by the students who participate in the program and their academic success or failure. Public schools will remain the choice of the vast majority of parents in our state who believe their child is receiving a high-quality education.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Tennessee school voucher law revived in state Supreme Court ruling

2022-05-18T19:12:32+00:00

Tennessee’s highest court on Wednesday overruled two lower courts and declared the state’s private school voucher law is constitutional.

The state Supreme Court issued its split decision in a statement noting that a “home rule” provision in the state’s constitution, which lower courts had cited as an obstacle, did not apply to the voucher law.

Justices Sharon Lee and Holly Kirby wrote the dissenting opinion.

The reversal essentially revives Gov. Bill Lee’s education savings account program, the signature legislation of his first year in office and the source of a fierce legal battle for more than two years.

The program aims to provide taxpayer money to pay toward private education for eligible students in public school districts in Memphis and Nashville. Lee set aside $29 million in the state’s upcoming budget to pay for starting up the program in the event that the high court ruled in his favor.

Tennessee has been a battleground state in the escalating tug-of-war between those who want to use taxpayer money to give parents more education choices and others who say that approach diverts money from already underfunded public schools.

After a decade of legislative defeats, voucher legislation narrowly passed in 2019 under a GOP supermajority.

But a Nashville judge blocked the controversial program from launching in 2020 in a ruling that was unanimously upheld by the state Court of Appeals. The lower courts said the voucher law violated the state constitution’s “home rule” provision because it applied only to districts in the state’s two largest cities without their consent.

A Republican proposal to revise the embattled law to try to address the home rule issue narrowly failed in a House subcommittee in March.

In April, however, the legislature voted to replace Tennessee’s formula for funding K-12 education with a voucher-friendly one. Developed by Lee’s administration, the plan will require calculations that enable funding to easily follow a student to private schools and public charter schools, which the governor is also working to multiply. But Lee has said his funding plan is unrelated to vouchers or charters.

The legislature’s pivotal 2019 voucher vote continues to be the source of controversy and questions. A 49-49 tie in the House appeared to kill the bill, until then-Speaker Glen Casada held the vote open for 38 minutes and persuaded Rep. Jason Zachary, a Knoxville Republican, to flip his position in favor of the governor’s plan.

Casada later resigned as speaker in a texting scandal, and his home was searched as part of an FBI investigation into allegations of corruption on Capitol Hill. Casada has denied reports that he offered another lawmaker an incentive to switch his vote on the voucher bill to yes, and Lee has denied knowledge of any such offer.

The voucher law designated about $7,300 annually to each eligible student who moves from public to private schools. The program was to start with up to 5,000 students in its first year, potentially reaching 15,000 students by the fifth year.

Attorneys representing Davidson and Shelby counties argued the change would impose a financial burden to their local school systems by diverting millions of dollars to private education.

But the state’s attorneys contended that the home rule argument didn’t apply in this case.

The state Supreme Court ultimately agreed. “The majority concluded that the ESA Act is not applicable to the Plaintiff counties because the Act regulates or governs the conduct of the local education agencies and not the counties,” the court said in a statement. “Thus, the Act does not violate the Home Rule Amendment.”

The high court’s ruling came after an unusually long review. The five-judge panel heard oral arguments last summer before Justice Cornelia Clark died in September. It then opted to rehear the case in February with Court of Appeals Judge Thomas R. Frierson sitting in for Clark’s replacement, Justice Sarah Campbell, who was appointed by Lee in January and recused herself from the voucher case because she previously worked for the state attorney general.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Students with dyslexia could get private school vouchers under Tennessee bill

2022-04-06T22:43:18+00:00

Nearly 35,000 students with learning disabilities such as dyslexia would be eligible to participate in Tennessee’s school voucher program for students with disabilities, under a bill making its way through the legislature.

The proposal, which lawmakers in two finance committees voted to advance on Wednesday, would almost double the number of students now eligible to receive state money to pay for private education services.

The 6-year-old Individualized Education Account program currently serves 284 students with disabilities that include autism, hearing and vision impairments, and traumatic brain injury. That’s less than 1% of currently eligible students statewide.

Even though 35,000 students would be newly eligible, only a fraction would be expected to sign up, at least at first.

State officials estimate the families of about 250 students would opt to participate and receive an average of $7,811 annually during the first year. Such an expansion would shift more than $2 million in state funding from public to private schools and vendors.

Enrollees in the so-called IEA program must waive their rights and protections under the federal Individuals with Disabilities Education Act, or IDEA, which mandates that all students receive a “free and appropriate” public education.

“We do believe most parents are going to be satisfied with where their child is,” said Rep. Debra Moody, a Covington Republican cosponsoring the bill with Sen. Ferrell Haile of Gallatin. “This is intended for those certain circumstances for a parent to step in and say this is not working, my school is not able to provide me with what I think would help my child.”

Under the 2015 law launching the program through the state education department, dyslexia was ultimately excluded in a compromise that appeased lawmakers wary of starting a school voucher program in Tennessee.

But fewer families have enrolled than expected. And in 2019, some participating parents complained about getting their reimbursements late and poor responsiveness from program administrators due to significant employee turnover within the department.

Two members of the House finance subcommittee, Republican Chairman Gary Hicks of Rogersville and Democratic Rep. Bob Freeman of Nashville, voiced concerns about program accountability.

“I have asked multiple different people to understand where this money is being spent today,” Freeman said during a Wednesday subcommittee meeting. “I still have not seen one list of any of the programs that any of these students are participating in.”

Moody, who cosponsored the original law, said the program is crucial to give families more education choices and promised to get answers for Freeman. “I would never have ever run a bill in the beginning that would not have had accountability to the taxpayers’ money,” she said.

IEA administrators regularly published reports about enrollment and expenditures during the program’s first three years, but has not since 2019 — and is not required to, according to a statement from the state education department.

“There are, however, many layers of internal approvals and accounting reviews, both inside and outside the IEA Program, that occur with each account holder expense report submission and payment disbursement,” the statement said.

Brian Blackley, a spokesman for the department, said the IEA office has been “revising and streamlining” systems and processes since late 2020, leading to faster approvals and disbursements. The office also holds weekly office hours for families and other stakeholders, he said.

Sen. Raumesh Akbari, a Democrat from Memphis, said she opposes expanding the program as a matter of policy.

“I don’t like the fact that the private school that takes the dollars does not have to adhere to the same requirements that a public school would have to adhere to” under federal law, Akbari told the Senate Education Committee last month.

Students with dyslexia are also accounted for in Gov. Bill Lee’s proposed education funding overhaul, a student-based approach that would set aside additional per-pupil funding for those needing the most help, including students with disabilities.

If the legislature approves a new funding formula, the annual IEA reimbursement for enrollees is likely to increase, said Charlie Bufalino, assistant commissioner of policy and legislative affairs with the department.

Tennessee has been a battleground state in the bruising fight over private school vouchers between those who want to use taxpayer money to give parents more education choices and others who say that approach diverts money from already underfunded public schools.

A 2019 law to create a separate, broader education savings account program was declared unconstitutional by a Nashville judge because it applied only to students in Memphis and Nashville districts without local consent. The state appealed and is awaiting a ruling from the Tennessee Supreme Court.

To find the bill numbers and track the IEA legislation, visit here.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Bill to resurrect Tennessee school vouchers dies in legislative committee

2022-03-09T19:35:46+00:00

A House subcommittee has narrowly killed a bill that could have revived Tennessee’s controversial school voucher program regardless of how the state’s highest court rules this year on the state’s overturned school voucher law.

The bill aimed to change eligibility requirements for students receiving public money to pay for private school tuition under the 2019 education savings account law that squeaked through the legislature but was halted by a judge before the program could launch.

The new legislation failed 5-4 Tuesday, despite a rare subcommittee appearance by Republican House Speaker Cameron Sexton, who tried to tip the scales when a key voucher supporter, Rep. Glen Casada of Franklin, was absent. Three other Republicans — Reps. Kirk Haston of Lobelville, Chris Hurt of Halls, and John Ragan of Oak Ridge — broke ranks and voted with two Democrats against the GOP bill.

The proposal, by Rep. Michael Curcio of Dickson and Sen. Mike Bell of Riceville, would have opened eligibility to students who are either zoned to the state’s school turnaround district or whose school systems don’t offer in-person learning for a full 180 days for each of the next three school years because of the COVID pandemic.

The voucher law was overturned because it applied only to students in Memphis and Nashville schools without giving their local governments or voters a say, which two lower courts said violates the state constitution’s so-called “home rule” provision.

If the bill became law, it could have addressed constitutional questions about statewide application through the COVID provision while still likely affecting students in only Memphis and Nashville, since those are Tennessee’s only cities with low-performing schools taken over by the state-run Achievement School District.

Rep. John Clemmons, a Nashville who voted against the bill, noted that the state’s appeal of the voucher law is pending before the Tennessee Supreme Court, which recently heard oral arguments centering on questions about whether home rule applies in this case.

“It seems like we’re trying to clean that up and try to avoid some kind of adverse judicial determination for an inherently unconstitutional piece of legislation,” Clemmons said. “So I guess the true intent of this legislation is problematic.”

Curcio dodged questions about the bill’s intent.

“If this were to address that, I think that would be kind of a periphery issue,” Curcio responded. “We’re just trying to change the criteria of who’s eligible.”

A similar bill by Curcio and Bell cleared the Senate Education Committee in January. However, the sponsors started over with new legislation when other constitutional questions emerged about their first proposal. Curcio did not respond Wednesday when asked if he planned to pursue a House committee vote on his earlier bill.

Tuesday’s vote came as Gov. Bill Lee, who pushed for the voucher law, is seeking to shift Tennessee to a student-based school funding formula. The model would calculate education funding on a student-by-student basis, making it easier for Tennessee to start a private school voucher program. However, Lee has said vouchers have nothing to do with the need for a new funding formula that is simpler to understand and based on the needs of students over systems.

Rep. Harold Love, another Nashville Democrat who voted against Curcio’s bill, said changing voucher eligibility when the state is considering funding reform is problematic.

“I would hope that maybe we would hold off until we get this new funding formula under our belts and understand it,” he said.

Marta W. Aldrich is a senior correspondent who covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Betsy DeVos pushes voucher-like tax credit plan in Michigan

2022-02-03T20:11:54+00:00

Backed by former U.S. Education Secretary Betsy DeVos, a group of school choice advocates has launched a petition drive to bypass Michigan Gov. Gretchen Whitmer’s veto of a voucher-like scholarship program.

Critics of the Opportunity Scholarship program say it would siphon needed dollars from public schools and violate a state constitutional ban on using public dollars, including tax credits, for private school education.

But DeVos and the choice proponents behind the new group Let MI Kids Learn say the tax credit program would help families access a wider range of educational opportunities at a time when they’re most needed.

“This is a chance to help students in every corner of Michigan access the very best educational options for them,” DeVos said during a Facebook Live event Wednesday. “We can send the resounding message that parents are interested in being dismissed or treated badly any longer when it comes to raising their children.”

If the group collects 340,000 signatures — 8% of the voter turnout from the last gubernatorial election — and the GOP-controlled House and Senate approve, the Opportunity Scholarship program becomes law without Whitmer’s signature.

The law would authorize tax credits equal to the amount of contributions to the proposed Opportunity Scholarship program.

“I, as an individual taxpayer, would make a choice to designate a portion of my Michigan tax bill to benefit children who are not my own,” DeVos explained to reporters after Wednesday’s public Facebook Live event. “This is a mechanism for individuals to redirect a portion of their tax bill, whether individual or corporate, to directly help students that need the help the most.”

Eligible private school students could receive up to $7,830 per year — 90% of the foundation allowance the state provides to educate each public school student. Public school students in special education programs could receive up to $1,100 per year, and other public school students could receive up to $500.

To receive the scholarships, family income would need to be less than double the eligibility limits for free and reduced price lunch programs. For example, a family of four earning less than $98,000 would be eligible.

Recipients could use the scholarships for private school tuition or to supplement public school education with things such as tutoring, books, speech therapy, or transportation to extracurricular activities.

“There’s a lot of sneakers you can customize. If you can customize sneakers, why couldn’t and shouldn’t you be able to customize your child’s education?” DeVos said.

Opponents estimate the tax credits would divert $50 million a year in taxes that would otherwise go to public schools, and that would violate a 1970 amendment to the Michigan constitution that prohibits public funding of private schools.

Such provisions appear in 37 state constitutions. DeVos and other voucher call proponents call them “Blaine amendments,” referring to 19th Century laws that Maine statesman James Gillespie Blaine promoted to stop public funding of religious schools, particularly Catholic ones. Michigan’s constitution prohibits public funding of all private schools, not just parochial ones.

Besides, DeVos said Wednesday, the scholarship money never moves through the state’s hands anyway.

“They are individual contributions made. They are given to entities that are third party entities,” DeVos said. “There is a very, very arm’s-length multistep transaction that takes place.”

Critics say the scholarship program is a thinly veiled voucher program and a dangerous step toward privatization of education.

DeVos is a longtime leader of the national school choice movement who backs pro-voucher politicians across the country. Her family bankrolled a voucher proposal in Michigan that voters resoundingly rejected in 2000.

DeVos and family members have contributed $400,000 to the petition drive, which has received more than $1.7 million in contributions. The other major donors are two political groups that don’t have to disclose where their money comes from. The State Government Leadership Foundation gave $475,000 and Get Families Back to Work gave $800,000.

As DeVos spoke, viewers flooded a chat window with comments both for and against the group’s effort.

“The DeVos family has spent millions trying to ruin public schools and this is another attempt at that,” one wrote.

Another wrote that she signed the petition to help all parents have the options that will help their children overcome learning loss during the pandemic.

“DeVos has been one of the nation’s leading proponents for redirecting tax dollars away from public schools,” said Emily Mellits, a Macomb County parent and member of Michigan Parent Alliance for Safe Schools, which opposes vouchers.

Katie Deck, a MiPASS member from Livingston County said, “Now is not the time to be siphoning money from community schools and giving it to for-profit charters, and that is exactly what the DeVos initiative will do.”

Editor’s note: April 15, 2022: An earlier version of this story included a suggestion by DeVos that Michigan’s prohibition on providing funds to could become unenforceable if the U.S. Supreme Court finds that a similar law in Maine is unconstitutional. The amendments have key differences, and Michigan’s constitution likely won’t be affected by Carson v. Makin.

Chalkbeat reporter Koby Levin contributed to this report.

Tennessee lawmakers advance school voucher bill targeting remote education

2022-01-20T00:55:38+00:00

A key Senate panel approved legislation Wednesday that would provide public money for private school tuition for Tennessee students whose school systems do not offer in-person learning all year.

However, lawmakers amended the bill first to remove a provision that also would have extended vouchers to students whose parents disagree with school mask mandates in their district.

The 6-2 vote in the Senate Education Committee came after only 30 minutes of discussion about a controversial voucher policy that has been debated for years in Tennessee’s legislature and is currently being challenged in court.

Meanwhile, dozens of schools across Tennessee are closed this week — or have moved remote temporarily — because of staffing challenges caused by COVID’s omicron variant.

Unlike Tennessee’s 2019 voucher law that was promoted as helping low-income students who attend low-performing schools in a few districts, the new legislation seeks to incentivize all 147 of the state’s school systems to keep students learning in person amid COVID-19.

“We’re doing this because we know that in-person learning is the most effective way to educate a child,” said Sen. Mike Bell of Riceville, noting that last year’s test scores showed a dramatic drop following a year of learning disruptions that leaned on remote instruction.

Sen. Mike Bell

The Republican lawmaker, who is co-sponsoring the bill with Rep. Michael Curcio of Dickson, said he wants public school systems to “take that job seriously” and keep brick-and-mortar classrooms open. He made references to large districts in Memphis and Nashville that provided mostly online learning last school year and saw their students’ scores decline beyond average statewide declines.

The bill would extend voucher eligibility to students in any district that does not offer 180 days of in-person learning because of the coronavirus pandemic for the three upcoming school years beginning Sept. 1, 2022.

Other eligibility requirements under the 2019 law would remain in place for students in districts that have a high concentration of low-performing “priority schools,” or have schools in the state’s school turnaround district program known as the Achievement School District. That criteria applies to Memphis and Nashville, where leaders didn’t want vouchers introduced and challenged the law in court.

Tennessee’s voucher program was halted by a judge in 2020 because it applied only to students in Memphis and Nashville. The case is under appeal, with arguments scheduled before the Tennessee Supreme Court on Feb. 24.

In the Senate panel, lawmakers questioned whether the new proposal could trigger voucher eligibility in districts receiving state-approved waivers to switch temporarily to remote learning. Education Commissioner Penny Schwinn launched the waiver process last fall after the COVID delta variant spread made it hard to keep schools staffed.

Charlie Bufalino, assistant commissioner of policy and legislative affairs for the Tennessee Department of Education, said the short answer is yes. However, it’s uncertain whether remote waivers will be offered beginning next school year when the proposed voucher legislation would kick in, he added.

If remote waivers are still available, Bufalino said districts could consider offering an in-person option while also providing temporary remote learning — or they could just use their 13 days stockpiled for closing schools due to inclement weather, illness, or other widespread challenges.

Sen. Raumesh Akbari, a Memphis Democrat who voted against the bill, said districts could quickly exhaust their stockpiled days and be forced to extend their school year into summertime.

Akbari also pointed out that many private schools continue to toggle back and forth between in-person and remote learning to adjust to the changing pandemic.

“What happens if a parent tries to use this [voucher] just because they want to get their kid in a private school, and that private school is doing virtual learning?” she asked. “Then we’re taking state dollars to go to this private school, and they’re doing the same thing that’s being done by [public schools.]”

“That’s the beauty about this piece of legislation,” Bell responded. “That’s up to the parent. It’s a parent’s responsibility to choose a school that is going to meet their child’s needs.”

“My concern with that is it’s still state dollars,” Akbari reiterated, “and they’re taking state dollars to a private school that’s potentially doing the same thing that the public school is doing. So it’s not helping something that’s been identified as a problem. It is just giving the parents a state fund to take their child to a private school.”

Voucher critics have long argued that voucher advocates have an agenda beyond giving more education choices to families, many of whom already have multiple options such as public charter schools, magnet schools, online schools, and specialized optional schools, as well as homeschooling and private schools. They say the goal is to privatize education, especially for more affluent families who can most afford to cover the full cost of private school tuition beyond the $7,000 or so that a Tennessee voucher would provide.

The leader of Tennessee school superintendents said his organization opposes the bill, as it has all voucher legislation.

“We’re opposed to public funds leaving our public schools,” said executive director Dale Lynch. “Decisions are difficult enough at the local level, especially during this pandemic. Putting in this extra layer just adds to the challenges we face while trying to do what’s best for all students.”

On a related note, Gov. Bill Lee, who championed the 2019 law, is seeking to rewrite Tennessee’s 30-year-old system for funding schools to a student-based approach instead of the current resource-based approach.

The change could force the state to do student-by-student calculations that would make it easier for Tennessee to expand a private school voucher program, although Lee has denied that’s the reason he’s pushing for an overhaul.

You can track the voucher legislation here.

Tennessee bill would extend school vouchers to parents upset over mask mandates, virtual learning

2022-01-19T15:49:39+00:00

Tennessee parents upset about local public school policies requiring masks or virtual learning could get state funding to send their child to a private school under a voucher proposal filed this week by two Republican lawmakers.

Rep. Michael Curcio and Sen. Mike Bell want to expand a voucher program approved by the legislature in 2019 but halted in 2020 by a Tennessee judge for applying only to students in Memphis and Nashville. The case is under appeal, with arguments scheduled before the Tennessee Supreme Court in February.

The bill would expand the law to make vouchers available to students in any Tennessee district that mandates masks or does not offer at least 180 days of in-person learning due to the coronavirus pandemic for the three upcoming school years beginning on Sept. 1, 2022.

However, it does not afford the same opportunity for students whose parents are upset about the absence of a mask mandate, or would like their student to switch to virtual learning when COVID cases surge.

The bill is an effort to promote parent choice while disincentivizing districts from adopting COVID mitigation strategies opposed by Gov. Bill Lee and other GOP leaders in Tennessee.

Last summer after seeing a dramatic drop in state test scores blamed partly on virtual learning, House Speaker Cameron Sexton threatened voucher legislation for districts whose leaders require masks or shutter their buildings. Sexton, who voted against the voucher law in 2019 before becoming speaker, declined to comment Tuesday about Curcio’s bill.

“Speaker Sexton has not seen the bill language as of yet,” said spokesman Doug Kufner.

In an interview with Chalkbeat, Curcio said his proposal aims to give parents choices for their child’s education — not to punish school systems — through the voucher program known as education savings accounts.

“I firmly believe in local control and local school boards setting policy for their districts,” said Curcio, of Dickson. “At the same time, if a parent questions whether those decisions are right for their child, they should be able to take advantage of an education savings account.”

The 2019 law provided voucher eligibility to students in districts that have a high concentration of low-performing “priority schools,” or have schools in the state’s school turnaround district program known as the Achievement School District. That criteria applied to Memphis and Nashville, where leaders didn’t want the program.

Curcio’s bill would add a pandemic provision to also extend eligibility statewide for any district that meets those criteria.

Curcio believes statewide application would address a constitutional provision that suggests the legislature doesn’t have authority to create a major education program that applies to only two districts without local approval.

But Senate Minority Leader Jeff Yarbro said he would expect another legal challenge if the new bill passes and becomes law.

“What this really shows is that the legislature is using vouchers to punish school districts that get on the wrong side of Republican leaders,” said Yarbro, a lawyer from Nashville.

“First, they singled out Memphis and Nashville; now they’re singling out districts on the wrong side of last year’s culture wars. I don’t think we should pass any education policy that seeks to punish a district. And given that the voucher program has been halted by our courts as unconstitutional, it doesn’t make any sense to talk about expanding it,” Yarbro said.

Curcio disagrees. He said many parents believe their family is being held hostage by local school policies with which they disagree.

“If your kid’s been stuck at home while you’re trying to earn a living and provide for your family, you can say ‘enough is enough,’” he said. “School choice is a benefit, and I don’t think wealthy parents are the only ones who should be able to remove their child from a public school and send them to a private school if they think that’s what’s best.”

You can read a summary of the bill here.

Editor’s note: This story has been updated with details about current and proposed eligibility.

5 education issues to watch as Tennessee lawmakers return this week

2022-01-10T12:00:00+00:00

One year after tackling pandemic-related school challenges during a special legislative session called by Gov. Bill Lee, Tennessee lawmakers return to the Capitol this week with another major focus on students: how to fund public education.

Lee wants to overhaul the 30-year-old formula that determines how much money the state distributes to school systems, as well as how much local governmental agencies should contribute. He’s expected to work with fellow GOP leaders to offer a legislative proposal this month.

But some say the legislature shouldn’t rush that discussion, especially since it took years to come up with the current formula known as the Basic Education Program, or BEP.

“It’s OK to hold this and keep working on it if we need to,” said Rep. Scott Cepicky, a Republican from Maury County. “Let’s get this right.”

Lawmakers also aren’t inclined toward a lengthy session during an election year. They’ll look to pass a budget and wrap up by mid-April, if possible, so they can return home to campaign.

Until then, here are five issues to watch:

Funding reform

Since October when Lee called for a review of the state’s funding formula, Education Commissioner Penny Schwinn has spearheaded the process that included eight town halls and dozens of meetings with policymakers and education leaders.

Last week, she called the issue “the biggest policy decision we make” and said Tennessee should seize this “moment in time.” She also hinted a draft proposal will be unveiled early this week.

“There is funding that is potentially available, there is momentum. We see need across the state,” she told a forum hosted by Tennesseans for Quality Early Education.

The review, which aims to shift Tennessee to a more student-centered funding approach, has drawn public praise but generated private concerns about its intent. Many public school advocates worry the goal is to pave the way for a new private school voucher program halted by ongoing litigation, though the governor has denied that.

“I’m trying to keep an open mind and not draw conclusions before getting all the information,” said Sen. Ferrell Haile, a Gallatin Republican who is on Lee’s 12-member review committee to create a new strategy.

Schwinn said any future formula must factor in the needs of individual children. That includes students who have disabilities, are English language learners, or come from low-income families.

Currently, enrollment is the main component of the BEP, a formula with 46 components that determine how much school systems receive to pay for teacher salaries and other needs like textbooks, technology, and bus transportation. But districts have flexibility on how to spend that money, which explains why the BEP is considered a funding formula, not a spending plan.

“We want to put more money into education, but we want to make sure the money is being spent well,” said Rep. Mark White, a Memphis Republican who chairs a House education committee and supports forging a new formula this year. “Let’s give it our best shot.”

More school nurses, counselors, pre-K

Whether the state revises its funding formula this year or not, the legislature must pass a budget for the fiscal year that begins July 1 — and is flush with cash. Tax collections during the pandemic’s economic rebound were higher than projected. The state also is sitting on hundreds of millions of dollars in federal grants intended to help working low-income families.

Meanwhile, Tennessee ranks 44th in the nation for student funding, according to the Education Law Center, which gave the state Fs last year for its funding level and funding effort.

The state’s BEP review committee, an influential panel of policymakers and education leaders, has urged the governor to prioritize more funding for school nurses and counselors to get Tennessee to nationally recommended ratios. A $110-million annual investment would fund 1 nurse for every 750 students instead of the current 1:3,000, and 1 counselor for every 250 students instead of the current ratios of 1:500 and 1:350 for elementary and secondary schools, respectively.

In addition to perennial discussions about raising teacher pay, there’s talk about expanding Tennessee’s pre-K program, which serves a fifth of the state’s 4-year-olds. Most districts have waiting lists.

During the pandemic, consensus has grown that pre-K and early grades are the best places for impactful interventions to address learning lag and social-emotional challenges.

“It’s a timely topic that is deserving of deep discussions,” Haile said.

Supplemental teaching materials

A controversial proposal to limit which supplemental materials teachers can use advanced last year in two House panels before stalling in the Senate Education Committee.

Sen. Janice Bowling, a Republican from Tullahoma, promised to bring her bill back for consideration this year and address worries that “good” materials from organizations like the Tennessee Farm Bureau could be excluded.

The bill, co-sponsored by Rep. Terri Lynn Weaver of Lancaster, would prohibit teachers from using materials that supplant state-approved textbooks unless district leaders approve those materials in advance. Any approved print or electronic materials would be listed on district websites.

“We absolutely need to do something,” agreed Sen. Brian Kelsey, a Republican from Germantown, “but we need to do it in a way that doesn’t have unintended consequences.”

The president of the state’s largest teachers organization called the proposal “demoralizing” for teachers and logistically impossible for school districts. For instance, a teacher couldn’t use yesterday’s newspaper in a current events class.

“This is a move toward completely scripted lessons,” said Beth Brown of the Tennessee Education Association, noting that a new Tennessee law already restricts what teachers can discuss in their classes about racism, white privilege, and unconscious bias.

Testing

State testing went well last year, with a 95% participation rate despite the pandemic. But lawmakers are still expected to bring several proposals to change when and how tests are administered.

Expect one proposal to require that testing occur during the last 20 days of the school year, instead of the earlier testing window set by the education department.

“That’s going to give our teachers an extra 30 days of instruction time, which is a lot,” said Cepicky.

Other likely legislation would require students in grades 3-8 to continue testing on paper, while local school systems could opt to move students in higher grades to online exams.

This school year, Tennessee high schoolers are taking their exams online under the state’s plan to transition back to computerized testing after several years of technical snafus.

Teacher evaluations

Should teachers be judged on how much their students know — or how much they grow?

Tennessee has mostly focused on the latter when evaluating their educators and schools through an academic growth model that measures learning over time, regardless of whether students are proficient.

But the complexity and opaqueness of the state’s statistical growth method, combined with increasing frustration over low student proficiency, could renew that debate among lawmakers this year.

“We’ve been doing this for 10 years, and where are we?” asked Cepicky, complaining that only a third of the state’s third graders are reading on grade level.

“Meanwhile, we’ve created an evaluation system where a teacher can get an A in academic growth even if their students aren’t proficient readers. We’ve got to get that commitment back to getting our kids proficient,” he said.

Such a move would mark a dramatic change for Tennessee, considered a pioneer in using “value-added” measurements to judge teachers and schools. For a decade, the guiding principle has been that all students can advance, regardless of out-of-school factors like poverty that might hold them back.

Other issues are sure to surface before this year’s legislature, including more funding for charter school facilities and how to address the state’s worsening teacher shortage. The statistics on the teacher supply is especially troubling, with thousands of Tennessee educators expected to retire by 2024 and fewer candidates entering teacher training programs.

“We’ve got to be creating multiple pathways to teaching in our state, and we’ve got to have a competitive wage,” said JC Bowman, executive director of Professional Educators of Tennessee.

The 2022 session of the 112th General Assembly convenes at noon Central Time on Tuesday. Visit the legislature’s website to track legislation, livestream meetings, and contact legislators.

School vouchers case gets new hearing before Tennessee Supreme Court

2021-12-22T13:11:32+00:00

The Tennessee Supreme Court will rehear arguments in the case of educational savings accounts, also known as vouchers. The court’s announcement on Tuesday comes in the wake of the death of Justice Cornelia Clark who was on the bench in June to hear the arguments, but died of cancer in September before the court was able to issue a ruling.

In the brief order, court members said that “in light of the untimely death of Clark, this court has concluded that re-argument will aid the resolution of this appeal.”

Clark, appointed by former Democratic Gov. Phil Bredesen, had served with the Court for 16 years and heard more than 1,100 cases, making her one of the longest-serving justices among her colleagues. In her stead, Tennessee Court of Appeals Judge Thomas “Skip” Frierson will hear the case. Republican Gov. Bill Haslam appointed Frierson to his seat in 2013.

At stake in the case is the future of school vouchers in Tennessee. Republican Gov. Bill Lee pushed the educational savings accounts, or school voucher law, in 2019, as a way for students in Nashville and Memphis to use public funds to pay for private education, supplies, and tutoring. The program was to begin with 5,000 students and grow to 15,000 by the fifth year, but the program never got off the ground as multiple courts blocked it.

In 2020, the Tennessee Court of Appeals unanimously upheld the ruling of a lower court that the law was unconstitutional, siding with the main plaintiffs, Metro Nashville Public Schools and Memphis’ Shelby County Schools.

In an earlier ruling from a lower court, Davidson County Chancellor Anne Martin wrote, “There is no dispute that the qualifications were tailored, through multiple amendments, to only include those two school systems, and that bill sponsors could only secure passage from representatives against the bill if their district school systems were excluded.”

It is one of many high-profile cases in state and federal courts right now that center on education. A six-year-old school funding case remains tangled in the courts, but parties in that case recently requested a delay until the end of the upcoming legislative session. The governor has announced that an overhaul of school funding may be on the legislative agenda, and the state has hosted several recent public forums to discuss the issue.

Also still winding through the courts are multiple school mask cases. Parents across the state have filed federal lawsuits against the Lee Administration over his policies that ban universal masking in public schools. The suits argue that the policy puts their immunocompromised children at greater risk for contracting COVID and facing the elevated health risks the virus inflicts on immunocompromised people.

The state Supreme Court will hear the school voucher case in Nashville on February 24.

Whitmer veto paves way for petition battle on tax breaks for private schools

2021-11-05T22:54:45+00:00

Gov. Gretchen Whitmer vetoed bills Friday that would allow state funds to subsidize private school education.

The veto was expected, and sets up an attempt by Republicans to circumvent the Democratic governor’s veto with a state ballot proposal petition drive.

The two bills, passed along party lines in October, would have provided tax credits for anyone contributing to scholarships covering private school tuition, or for tutoring fees and other services that supplement educational costs at private or parochial schools.

At issue are provisions in the legislation allowing funds from tax-free scholarship programs to go toward tuition for private or religious schools. Eligible private school students could receive up to $7,830 per year or 90% of the per-pupil funding provided to public school students.

Democrats and public school advocates view the effort as a backdoor attempt at legalizing school vouchers, which a 1970 state constitutional amendment banned, with a similar effort rejected by statewide voters two decades ago.

Critics of the bills said the funds that would go primarily to subsidize private and parochial school tuition would take money away from the state’s public schools.

In a letter to the Legislature explaining her veto, Whitmer said the legislation “would require Michigan taxpayers to foot the bill for any money a person gives to certain private education organizations, costing as much as $500 million in 2022 alone. Simply put, our schools cannot provide the high-quality education our kids deserve if we turn private schools into tax shelters for the wealthy.”

The Mackinac Center for Public Policy, which advocates for free-market principles and limited government, blasted Whitmer’s veto.

“Many Michigan parents are crying out to be trusted as key partners and decision-makers in their children’s education, to get them the help and opportunities they need,” Ben DeGrow, director of education policy at the Mackinac Center, said in a release. “It’s extremely disappointing to see Gov. Whitmer wield her power to … placate the union officials and bureaucrats who don’t want to share even a little control of education dollars.”

The issue isn’t going away anytime soon. This week, a group launched a petition drive that, with enough signatures, could allow the program to become law over Whitmer’s objections.

If the group collects 340,000 signatures — 8% of the voter turnout in the last gubernatorial election — and the GOP-controlled House and Senate approve the legislation, it automatically becomes law without the governor’s signature.

By approving the ballot proposal themselves, Republican legislators would avoid taking a chance that voters would again nix with the idea – Michigan citizens rejected a voucher proposal in 2000, with 69% voting no, despite an aggressive campaign by a leading advocate, Betsy DeVos.

Michigan voucher proponents plan petition to circumvent veto

2021-11-01T21:42:56+00:00

Gov. Gretchen Whitmer is poised to veto Republican legislation she and others say would crack open the door to school vouchers in Michigan. But a new group of school choice advocates is working to bypass her and enact a system that would give tax breaks for private school education.

Advocates on Monday launched Let MI Kids Learn, a group funding an initiative petition drive. With enough signatures, the controversial Opportunity Scholarship program can become law over Whitmer’s objections.

Let MI Kids Learn said it expects to collect the signatures by next summer, setting the stage for the Legislature to take up the bills again before the 2022 fall midterm elections.

The legislation would authorize tax credits for people who contribute to new Opportunity Scholarships that can be used for private school tuition or for services that supplement public education such as tutoring, books, band instruments, speech therapy, and transportation to extra-curricular activities.

Eligible private school students could receive up to $7,830 per year — 90% of the foundation allowance for public school students. Eligible public school students in special education programs could receive up to $1,100 and others could be eligible for up to $500.

Eligibility is limited to students whose family income falls below 200% of the eligibility limits for free and reduced-priced government lunch programs. That would make a family of four earning less than $98,000 eligible. Students in foster care or who receive special education services could receive the scholarships regardless of income.

Opponents say the tax credits will decrease state revenue by $50 million a year — money that would otherwise go to public schools. They also question whether the legislation violates the Michigan Constitution, which prohibits public funds including tax benefits from going to private or religious schools.

Fred Wszokek, a political operative representing Let MI Kids Learn, said the legislation was carefully written to avoid a constitutional prohibition. No money directly changes hands from public coffers to private schools. Rather, the tax benefit goes to scholarship contributors.

Democrats view tax credits for scholarships as vouchers that siphon money from public schools and send it to private and religious schools.

Wszokek declined to identify other members of his group or to say how it is being financed, although funders will be disclosed in quarterly campaign finance filings.

Voucher opponents immediately pointed fingers at Betsy DeVos, the former Trump education secretary, and her husband Dick DeVos. The wealthy power couple are longtime leaders of the school choice movement and have financed pro-voucher candidates across the country.

“Michigan voters have resoundingly opposed attempts by mega-donors like Betsy DeVos to enact voucher schemes in our state. We value neighborhood public schools and know that funneling money to private schools does nothing to provide equal opportunity for Michigan,” said Paula Herbart, president of the Michigan Education Association, the state’s largest teachers’ union.

Herbart and other opponents called the petition drive a partisan game that mocks the state Constitution and ignores the will of voters who previously rejected vouchers.

“They’ve said no, and here comes another attempt to find another loophole, another pathway to do what Michigan voters have already said no to,” said House Democratic Leader Donna Lasinski of Ann Arbor.

It’s no grassroots effort, she said. Rather, it’s part of a highly financed effort backed by some of the same people who funded Unlock Michigan, a successful ballot initiative that blocked the executive orders Whitmer issued in response to the pandemic.

“These are monied interests using paid signature collectors as a way for the party that does not hold the governor’s office to bypass this branch of government,” Lasinski said. “We have this path where people who have $10-$12 million can pay to get signatures and bypass the governor the people of Michigan chose.”

Let MI Kids Learn on Monday submitted its ballot initiative language to the Board of Canvassers for approval. If petition language is approved, petitioners have six months to collect the requisite number of approved signatures of voters. If enough valid signatures are collected the Republican-led Legislature has 40 days to vote on the legislation. If approved, it automatically becomes law without the governor’s signature. Approval is likely because the Legislature already approved similar bills that are now subject to likely Whitmer vetoes.

The process could take a year or more.

“Michigan’s constitution gives voters a recourse, and our petition drive will allow voters to expand opportunities for children, even if Whitmer won’t,” said state Republican Rep. Bryan Posthumus, of Cannon Township.

Wszokek said it isn’t just private school students who will benefit.

“Given everything everyone has been through (during the pandemic) we need to pull out all the stops to give parents the tools to get kids back on track,” he said.

“This isn’t just a fight over a cartoon character version of vouchers that the teachers’ union likes to yell about. This is about giving parents a bit of a toolbox to help kids overcome the learning loss last year.”

Indicted Tennessee senator steps aside, for now, as leader of key education committee

2021-10-27T23:16:23+00:00

A Tennessee legislator is stepping aside temporarily as the Senate’s top education leader after being indicted on charges of violating federal campaign finance law.

Sen. Brian Kelsey announced his decision Wednesday on the Senate floor after lawmakers kicked off a special session aimed mostly at curtailing COVID-related mandates for vaccinations and masks.

“I’m totally innocent,” the Germantown Republican said in remarks that lasted three minutes. “I trust in time the truth will prevail and I will resume my leadership role on the education committee.”

Lt. Gov. Randy McNally named Sen. Jon Lundberg, a Republican from Bristol and the committee’s vice chairman, as interim leader during the special session, which likely will stretch into next week.

A spokesman for McNally later said the speaker would not comment further at this time about a more permanent successor while the senator challenges the charges in court — a process that could take months or years.

The nine-member committee is the primary gatekeeper of hundreds of proposals annually that can affect Tennessee students, educators, and schools. Kelsey has served on the panel for a decade, and McNally named him the leader in January after long-time chairwoman Dolores Gresham retired last year.

An attorney from Shelby County and influential conservative voice, Kelsey has been a passionate advocate of education choice policies like vouchers that would provide state funding to help families pay for private school tuition. He also helped craft language in a 2021 law that restricts classroom instruction about systemic racism.

Last week, a grand jury indicted Kelsey and Joshua Smith, the owner of a Nashville social club, on charges they illegally concealed the transfer of $91,000 during Kelsey’s failed U.S. congressional campaign in 2016.

Kelsey, who is up for reelection next year, is to appear in federal court on Nov. 5. If convicted, he could face up to five years in prison and a $250,000 fine on each of five counts.

In his remarks, Kelsey said he believed he was operating within the law. He questioned the timing of the indictment, five years after the alleged offense and under the administration of President Joe Biden, a Democrat.

Under Senate rules, Kelsey would have had to appear before a Senate ethics committee about his leadership position or be suspended had he not stepped aside.

McNally thanked Kelsey for his decision. “I think this will allow you to concentrate fully on your case and not be burdened with the issues of chairmanship,” the speaker said, “and I appreciate you as a senator and as a person.”

Lundberg takes the helm as the legislature takes up thorny matters in the days ahead such as school mask mandates and several bills to make school board races partisan contests.

He did not immediately respond when asked to comment on his new role.

Tennessee governor weighs whether to call special legislative session to hobble school mask mandates

2021-08-13T00:13:35+00:00

Gov. Bill Lee is considering convening a special legislative session to address charges of “overreach” by local officials as a growing number of Tennessee school districts require students and staff to wear masks.

The governor received a letter Wednesday from House Speaker Cameron Sexton and signed by his entire Republican caucus asking for an opportunity to “address misdirected and mandated responses to COVID-19 by local entities and officials.”

“We are reviewing the letter and will have more to say soon,” said Casey Black, Lee’s press secretary, on Thursday.

The decision could set the stage for lawmakers to limit avenues available to local officials responding to the surging infection rate for children with COVID’s more contagious delta variant. Children under 12 aren’t eligible for vaccinations.

School boards, as well as six independent health departments, currently have authority in Tennessee to require masks in schools, as recommended by the U.S. Centers for Disease Control and the American Academy of Pediatrics.

But both Sexton and the governor have said parents should decide whether face coverings work for their students.

Last week, Sexton threatened to push for voucher legislation that would let parents move their children and taxpayer funding to private schools if their local public schools require masks. And on Monday, Lee told reporters that “nothing’s off the table” to address the latest pandemic battle putting schools in the crossfire.

Rep. Mark White, who chairs the House Education Committee, said the odds for a special session are 50-50.

“I think the House is on board, but I haven’t heard of movement from the Senate. We’ll see where it goes,” White said Thursday.

The Memphis Republican signed Sexton’s letter in response to hundreds of emails and calls to his office, mostly from constituents who want masks to be optional.

“We’re a divided population right now, with people very angry on both sides,” he said. “I don’t think it’s a bad idea for the legislature, as a representative body, to come together to try to find some kind of solutions.”

The GOP-controlled legislature could pass laws to punish districts that issue mask mandates by taking away state funding, as Florida’s governor is threatening to do, or to strip away the authority of independent health departments.

But Sen. Raumesh Akbari, a Democrat from Memphis, said the legislature should not do anything that could extend a pandemic that to this point has claimed the lives of nearly 13,000 Tennesseans.

“We cannot support a special session where the controlling party is only concerned with punishing private business owners and school districts for exercising medically appropriate precautions to keep people safe,” Akbari tweeted on Wednesday.

At the beginning of August, only Shelby County Schools in Memphis was requiring masks for the new academic year. But at least 13 other districts have since joined the state’s largest district in that policy, including its counterparts in Nashville and Chattanooga.

The list of districts with mandates includes the governor’s home school system in Williamson County, where an explosive school board meeting on Tuesday night erupted into shouts and threats from anti-maskers against doctors and nurses who spoke in favor of a mandate.

Six small school systems in the Memphis suburbs also have issued mandates in compliance with last week’s order from Shelby County health officials to require face coverings inside of all school buildings.

Lt. Gov. Randy McNally, who leads the Senate, has said the decision about mask mandates should lie with local school boards, but he declined Thursday to say whether he supports a special session.

“Amid all the controversy regarding masks, vaccine passports and the like, we appear to have lost sight of the one thing that truly matters: keeping children in the classroom so they can learn,” McNally said in a statement.

If a special session is convened, the Oak Ridge Republican pledged to keep the focus on what’s best for education.

White said any special session on school masks needs to happen before Labor Day.

“Things are kind of getting out of hand,” he said, referring to the Williamson County school board meeting that made national news and drew a public rebuke from President Joe Biden.

“It’s like we’re in a fast-moving canoe going down rapids and just trying to hang on,” White said.

Tennessee House speaker threatens districts that close school buildings or require masks with vouchers

2021-08-03T00:45:59+00:00

A top Tennessee legislative leader warned local school officials Monday not to issue mask mandates, shutter school buildings in favor of remote learning, or segregate classrooms based on who has and hasn’t been vaccinated.

Any such action for the 2021-22 school year may result, he said, in a special legislative session where lawmakers could vote to let parents move taxpayer money from public to private schools.

The stern warnings from House Speaker Cameron Sexton came as Tennessee released disappointing but expected state-level results of the first pandemic test scores from the Tennessee Comprehensive Assessment Testing Program, or TCAP.

The data showed a 5% decline in proficiency since 2019, the last time students took the standardized tests. A related presentation by the state education department said students who learned in person were more likely to score as proficient than those learning remotely.

“I sure hope that a school system in this state, after this data is released, does not shut their schools,” said Sexton, a Republican from Crossville.

“If they do, I’m going to ask the governor for legislation to allow those parents in those school districts to take their money through school choice and to go wherever they deem they need to go,” he continued. “There needs to be a message to these school systems that it’s unacceptable to close schools or systems in our state any more.”

State education leaders had promised to release TCAP data with “forward-looking” strategies for catching students up. But a news conference at the state Capitol instead turned into a GOP critique of school districts in Memphis and Nashville that spent most of last school year teaching their students remotely, with Sexton and Gov. Bill Lee delivering frequent jabs. They also criticized COVID mitigation strategies that don’t have anything to do with test scores.

“Student achievement gaps have always existed, but the lack of in-person learning this year has exasperated (cq) an already bad situation,” Lee said, noting that the gap in test scores between white students and students of color has widened. “It’s clear that minority students have been negatively impacted disproportionately.”

Last year, in the pitched debate over school reopening, the governor and GOP legislative leaders repeatedly chided leaders of the state’s two largest school districts for sticking with remote learning, even as rates of COVID infection were higher in those communities. At one point, lawmakers threatened to strip funding from their students if the districts didn’t reopen their classrooms, which they did by March.

The governor and Sexton also used the news conference to deliver pointed messages about mask mandates to Shelby County Schools, the only Tennessee district requiring face coverings for the upcoming school year, and Metropolitan Nashville Public Schools, whose board is scheduled to convene Thursday to review its earlier decision to make masks optional.

Lee said “personal decisions like masks” should be left up to parents, a departure from his statement last month that mask mandates in schools were local district decisions. State leaders in the departments of health and education also have told district leaders to make their own masking decisions based on federal guidance and discussions with local health officials.

“It would be helpful for districts to know if that guidance has changed,” said Sean Braisted, a spokesman for Metropolitan Nashville Public Schools, on Monday.

Now, as COVID’s fast-spreading delta variant is causing cases to surge again, some school systems elsewhere in the nation have reinstated mask mandates based on recent guidance from the U.S. Centers for Disease Control and Prevention and the American Academy of Pediatrics. Both organizations say all students and school staff should wear masks, regardless of whether they are vaccinated.

But Lee said Monday that parents know best whether to send their students to school with face coverings.

“I’m listening to parents because parents have the best decision-making process for their children of anyone. The parents should consult with their medical professionals to make those decisions,” he said.

Sexton was even more passionate about keeping masks optional. For districts that issue mandates, he threatened to pursue a school voucher law to let parents pull their kids and funding out of public schools. Sexton previously has voted against all voucher proposals.

“We can listen to health care people … but at the end of the day, we’re elected and we make the decisions that we feel is best based on the information we have,” Sexton said.

He said the mortality rate for unvaccinated children under 11 is low, even as hospitals in the South are reporting admitting record numbers of children with the delta strain.

The speaker also warned that districts should not consider segregating students and staff based on whether they’ve been vaccinated, although Chalkbeat has found no reports that idea is under discussion in Tennessee.

Districts plan to use numerous mitigation strategies to prioritize student safety as the pandemic grinds on. In addition to its masking order, Shelby County Schools will provide voluntary nasal swab testing for COVID to all students and staff when the new school year begins next week.

John Barker, deputy superintendent for strategic operations and finance, called nasal swabs the “gold standard for testing” and said testing will be done at schools through a partnership with Poplar Healthcare. Any testing of minors will require parental consent.

The Memphis district also is using federal funding and grants to staff schools with healthcare workers in hopes of having a nurse in every school.

“We’re looking to employ healthcare professionals — nurses, LPNs, RNs — to be in schools to not only help facilitate with this effort but also to help with the social-emotional needs of students as they return,” Barker said.

Cathryn Stout contributed to this report.

Whitmer rejects $155 million plan to give $1,000 scholarships for elementary reading help

2021-07-14T17:23:40+00:00

Gov. Gretchen Whitmer vetoed a $155 million program that would have provided $1,000 reading scholarships that opponents said looked too much like vouchers.

The scholarships would have allowed families to get outside reading tutoring or instruction for elementary students.

The Republican-controlled Senate added the program to the budget it passed last month, but Whitmer nixed it before signing the $17.1 billion school spending bill Tuesday. Her office did not say why she vetoed it, but school administrators had opposed the program, saying there are better uses for the $155 million.

“It was a large pot of money and it smelled a bit of vouchers,” said Bob McCann, executive director of the K-12 Alliance of Michigan, which represents school administrators from the state’s most populous counties. “We strongly feel it would be better invested directly into classrooms to support reading programs rather than create a voucher program that only allows some kids to get access.”

Vouchers have long been controversial. Michigan law prohibits them, but there have been efforts to change that, including a failed 2000 statewide ballot initiative led in part by Betsy DeVos, the former U.S. education secretary from west Michigan.

Sen. Lana Theis, the Brighton Republican who leads the Senate Education Committee, wanted the program funded.

“Not being able to read at grade level negatively affects all other aspects of a student’s schooling, with potentially lifelong consequences,” she said in a statement Wednesday. “It is terribly sad that our governor lets petty politics keep our kids from accessing scholarships to help them achieve one of the most important milestones in their lives.”

The program would have been administered by Grand Valley State University, which is already offering a virtual tutoring program called K-12 Connect .

“We appreciate the Legislature’s recognition of our work, which continues with the same passion and energy,” said Grand Valley Associate Vice President Rob Kimball, who runs the university’s Charter Schools Office.“We look forward to supporting future conversations in which the university can contribute more to K-12 education in Michigan.”

Whitmer signed the budget on Tuesday, increasing funding for all schools and — for the first time in state history — providing equal base funding of $8,700 per student in every district. The state has been closing the gap by slowly increasing basic funding for the lowest-funded districts at a faster rate than the highest-funded districts.

The budget signing “marks the end of a 27-year journey to close the gap between our districts. This equalized funding will improve the quality of educational opportunities for schools and students across the state and set a solid foundation,” Whitmer said in a statement.

Tennessee Supreme Court hears arguments about overturned school voucher law

2021-06-03T19:17:50+00:00

Attorneys for and against Tennessee’s overturned school voucher law went before the state’s highest court Thursday to argue whether state lawmakers have authority to create a major education program that applies to only two counties without local approval.

The Tennessee Supreme Court heard more than an hour of oral arguments on the state’s effort to restore a 2019 law championed by Gov. Bill Lee. The law would give taxpayer money to eligible families in Memphis and Nashville to pay toward private school tuition and other private education expenses.

The five-justice panel is expected to rule in the next few months on what Chief Justice Jeff Bivins called “a very difficult and a very important case.”

Hanging in the balance is Lee’s quest to create an education savings account, or ESA program. The initiative was to start last fall with 5,000 students and cap at 15,000 students in the fifth year, with the state reimbursing districts for any lost funding during the first three years.

Lee called the program key to giving parents more education choices for their children. But the GOP-controlled legislature was only able to pass it by assuring some Republican lawmakers that their own schools would be shielded from its application, leaving only the state’s two largest counties singled out.

A lower court overturned the law a year ago, just months before the controversial program was to launch and begin absorbing students from Shelby County Schools, Metropolitan Nashville Public Schools, and the state-run Achievement School District. Last fall, the Tennessee Court of Appeals unanimously upheld the ruling.

“At its core, this case is about enhancing educational opportunity for low-income children in Tennessee’s lowest-performing schools,” said Andree Blumstein in her introduction to the state’s case on behalf of the state attorney general’s office. “It’s about offering those children the same chance and equal opportunity that more privileged students have to pursue an education that best meets their particular needs. And the ESA pilot program is intended as a first step in that direction.”

A lawsuit filed by Metropolitan Nashville and Shelby County did not address the merits of school choice but instead challenged the law as a violation of Tennessee’s so-called “home rule” provision. In 1953, a state constitutional convention added the provision to restrain legislative power over local governments.

Attorneys for Metro Nashville and Shelby County say the voucher plan would impose a financial burden by affecting state and local funding for public schools without giving local officials or voters a say. Their governing bodies were on record opposing the governor’s plan.

“It is a local bill that applies only to two counties and it applies to them in their governmental capacities by subjecting them to a unique school funding formula,” argued Nashville law Director Bob Cooper on behalf of the two counties.

In its latest appeal, the state argues that home rule does not apply in this case because the program is considered a pilot initiative that the legislature potentially could expand to other areas of the state. The state also contends the plaintiffs don’t have standing because the case applies to school districts, not the county governments, and that the law would not affect any county in its governmental capacity.

Justices aggressively questioned attorneys on both sides of the voucher case, especially about the funding mechanism that eventually would siphon off millions of dollars from local school systems.

Justices on the Tennessee Supreme Court use videoconferencing on June 3, 2021, to hear arguments from attorneys for and against the state’s 2019 school voucher law, which was ruled unconstitutional in 2020.

Tennessee’s funding formula for public schools is enrollment-driven and, in addition to requiring allocations from the state, stipulates that local taxpayers also contribute thousands of dollars toward each student’s education costs. But Cooper argued that the way the law was written, the local cost for education could not be reduced, even if voucher students left for private schools.

“Your honor, this ESA Act is like the Hotel California. Students check out of the school district, but financially they never leave,” he said, paraphrasing lyrics in a 1977 hit by the Eagles band.

Arguing for the state, Blumstein said any potential financial harm is speculative. “If there is substantial financial harm, they would have standing when that harm occurs,” she said.

Sen. Brian Kelsey, arguing as an attorney for the pro-voucher Liberty Justice Center in Chicago and an intervenor in the case, said local funding for schools would be unaffected by the transition.

“Their only real beef with the statute is the policy decision of where these children are educated and whether or not they go to private schools,” said Kelsey, a Germantown Republican who chairs the Senate Education Committee.

Legislative staff estimated the cost to the state would be $37 million during the program’s first year, growing to $111 million in the fifth year and beyond.

More than 10 parties submitted their own briefs in this case, including the anti-voucher Tennessee NAACP and pro-voucher Alliance for School Choice. A dozen current and former Republican legislators who sponsored or co-sponsored the voucher legislation also filed a collective brief seeking clarity around interpreting and applying the Constitution’s home rule provision.

For the first time, private virtual schools seek to accept vouchers in Indiana

2021-06-01T19:47:55+00:00

Two new private schools hope to join the growing wave of online education in Indiana and accept state funded-vouchers to subsidize tuition — a first for virtual schools.

Both are spin-offs of existing schools, with the virtual branches allowing them to extend their reach to students across the state. Columbus Christian School is launching FaithPrep Indiana, a virtual K-12 private school with a religious mission. The GEO Foundation, which runs several charter schools in Indiana, is creating Geo Focus Academy, also serving grades K-12 and enrolling high schoolers in college classes.

“It’s going to be an opportunity for families to really take advantage of a Christian education, and to be able to do it if they want their kids at home, if they want to travel with them,” said Columbus Christian Superintendent Kendall Wildey, who will serve as head of school for FaithPrep. “We’re still going by all the state guidelines. It’s just more flexible with people’s time.”

The Indiana State Board of Education will consider Wednesday whether to accredit the schools, which would pave the way for them to participate in the state’s expanding voucher program. State education officials recommend granting initial accreditation and note this would be a first for the state, which has not yet accredited virtual private schools.

Online education was on the rise in Indiana long before the pandemic, and the challenges of the past year have supercharged the push for new programs despite virtual schools’ spotty track record. This school year, about 17,800 students attended 13 dedicated public virtual schools, according to state data.

Both of the new private virtual schools will use curriculum and teachers through Stride, an online education provider formerly known as K12 Inc., that also operates state-funded virtual public school options in Indiana.

Wildey said he hopes to add faith components to Stride’s curriculum, such as online chapels, guest speakers, hubs where students can gather for fellowship, faith advocates to counsel students, and collaboration with Christian colleges for high school students to earn college credits.

“We’re excited about being able to do it and put the biblical worldview into the curriculum,” Wildey said.

FaithPrep expects to enroll up to 500 students its first year, Wildey said, and potentially expand to serve several thousand students. The school is proposing to set tuition at $6,250 for elementary students and $7,250 for middle and high schoolers — slightly higher than Columbus Christian’s tuition because of the additional costs of setting up hubs and hiring faith advocates.

With this year’s significant voucher expansion, Wildey expects most families will qualify for at least a partial voucher. Still, for families with the highest financial needs, vouchers still may not cover the cost of tuition. Their value varies based on state funding levels for a student’s home district, with full vouchers largely ranging from about $5,000 to $6,500.

FaithPrep will likely require students and staff to follow a code of ethics that keeps with the school’s religious beliefs. Wildey said those details were still being worked out but noted that its sister school, Columbus Christian School — a nondenominational school of about 175 students — does not accept openly gay, lesbian, bisexual, or transgender students or staff.

The other new private virtual school, Geo Focus Academy, would replicate an existing charter school model. Kevin Teasley, president and founder of the GEO Foundation, sees launching a private school as key to reaching students statewide, instead of being limited to serving students through charter schools in Indianapolis and Gary.

Geo Focus Academy, which will initially enroll up to 700 students, would create a pipeline of K-8 students and expand access to its college immersion model, which signs up high school students for college classes at Ivy Tech campuses. The nonreligious private school plans to charge about $7,000 per year in tuition.

As a proponent of school choice, Teasley likes that private schools can foster more competition while making education accessible through vouchers. He wants to add the private school option to his foundation’s charter school offerings to help “spread the eggs in multiple baskets rather than to keep it in one.”

After revelations that two virtual charter schools allegedly inflated enrollment numbers with unengaged students, Teasley said he’s determined to validate enrollment and ensure students are participating.

“It’s an opportunity for us to succeed in serving kids,” Teasley said. “It’s an opportunity that frankly, it’s a risk to GEO, but at the same time we think it’s a risk worth taking. We’ve learned from what others have done, and frankly, our model is quite unique.”

Indiana lawmakers passed measures that will reshape education. Here’s what you should know.

2021-04-27T17:38:06+00:00

Indiana legislators reshaped education in significant ways this year by helping schools cope with setbacks from the COVID-19 pandemic, eliminating the threat of state takeover for struggling schools, nearly doubling funding, and broadening school vouchers for middle-class families.

The additional $1.9 billion lawmakers directed toward education over the next two years will enable school districts to raise teacher pay — a win for educators that comes a year and a half after thousands rallied at the statehouse to demand better pay.

“It’s hard to believe looking at this budget that many parents and education leaders feared massive cuts less than a year ago due to the pandemic and economic downturn,” Stand Indiana Executive Director Justin Ohlemiller said in a statement. The legislative session made meaningful progress toward “elevating the teaching profession,” he said.

Lawmakers will return later this year to discuss redistricting after receiving new Census data, but the regular 2021 legislative session ended last week. Here’s what you should know about the education-related bills that passed:

COVID-19 relief

With Gov. Eric Holcomb’s approval, the state will allocate $150 million to help fund summer school expenses, which may be larger than usual because of the need to teach students who fell behind during COVID-19 school closures. The bill (HB 1008) requires schools to show how they will accelerate student learning.

The state required schools to administer standardized ILEARN tests this school year, which it skipped last spring. But the legislature’s one-year measure (HB 1514) exempts districts from state A-F grades and any subsequent penalties for poor performance. This ensures test results will not reduce any teacher’s pay this year.

Lawmakers also decided the state, the main source of pre-K-12 funding, would fully compensate schools and districts for their students learning virtually this school year. Senate Bill 2 temporarily overrides the normal state formula that pays schools 85% of its per-pupil funding for online students.

Voucher expansion

Lawmakers approved a significant and controversial expansion of the state’s already broad private school voucher program, setting one of the highest family income ceilings in the nation.

Under the measure (HB 1001), certain families making up to 300% of the eligibility level for federally subsidized meals — a measure of poverty — will have access to vouchers to pay for private school. This means families of four with an income of about $145,000 — nearly double the Indiana median income for families — will be eligible. And the legislature increased the value of all vouchers to cover 90% of a student’s tuition and fees.

Lawmakers also directed $3 million for 2022 and $10 million for 2023 to create education savings accounts. The accounts will pay for schooling and therapy for students in special education, a benefit that further supports school choice for middle-class families.

Ending state takeovers

Lawmakers repealed the consequences for failing schools, ending the state’s yearslong experiment in aggressively taking over schools with chronically low test results.

Under the measure (HB1514), district schools with failing grades no longer face the threat of state seizure or the steps that precede it, such as a requirement that districts attempt to improve schools by replacing personnel or working with outside experts. Charter schools with low grades will be able to seek renewals without special permission from the state. And failing private schools will be able to receive vouchers for new students.

The state is not currently running any schools. As popularity of the punitive measure waned, the State Board of Education ended the state’s takeover of remaining schools in January 2020.

This marks the second year in a row that lawmakers have reversed a piece of the state’s frequently criticized accountability system. During the 2020 session, lawmakers overwhelmingly supported eliminating test scores as a significant part of teacher evaluations.

Teacher licensure

The legislature approved a new route for teachers to earn their license in Indiana, intended to reduce the state’s teacher shortage. Under the new law (SB 205), people who are 26 or older and hold a bachelor’s degree may receive a license by completing an alternative training program — including an online program — and passing a state licensing exam.

Educators with alternative licenses, however, may not teach special education.

Union membership

In a blow to teachers unions, educators will have to opt in to union membership each year before dues can be deducted from their paycheck, under a new law. The measure (SB 251) requires that teachers sign a withholding form every year. Schools then have to confirm their decision via email before a dedication can be made.

Lawmakers who supported the bill pointed to the Janus v. AFSCME Supreme Court ruling that collecting fees from non-union employees violated their rights, WFYI reported. Critics of Senate Bill 251 said that nothing in the court ruling called for requiring annual approval. The controversial measure will add additional annual steps in order for educators to join and maintain their membership in the Indiana State Teachers Association.

Controversial research

Lawmakers passed a bill (HB 1266) requiring the Indiana Department of Education to solicit ideas to make school transportation and facilities more efficient. While it’s unclear what sort of recommendations the report may yield, education lobbyists and district officials pushed back against the idea over concerns about the state forcing consolidation or other cost-cutting measures.

The report is due next March.

Indiana poised to open school vouchers to families earning over $100,000

2021-04-16T00:07:02+00:00

Indiana lawmakers are poised to approve a significant expansion of what is already a broad private school voucher program, setting one of the highest family income ceilings in the nation.

Nearly half of all Indiana families already meet the income criteria to be eligible for the program. Both the House and Senate budget proposals would open voucher access even further, in some cases to families earning over $100,000 per year for a family of four.

The plans would also eliminate partial vouchers, granting even middle-income families full scholarships — which average more than $5,800 per student.

For Republican politicians, who dominate state government in Indiana, the all-but-certain expansion represents a big win in advancing their free-market vision, where parents choose what is best for their child. At the same time, the legislature plans to broaden school choice, by creating education savings accounts that would provide stipends to pay for schooling and therapies for children with special needs.

A decade after Indiana created vouchers, the program served nearly 37,000 students at a price tag of close to $173 million last year. Enrollment plateaued in recent years, and widening eligibility for vouchers could spur a surge in participation.

Public funding for private education remains deeply polarizing. While Indiana’s voucher program initially targeted students from low-income families, the Republican expansion plans would offer generous aid to middle-income families. That amounts to a subsidy for affluent families, including some who likely would have enrolled their children in private schools without aid.

Critics say expanding vouchers for the middle class could potentially divert money that could be used to increase teacher pay and shore up public schools.

The staunchest supporters of vouchers see the expansion as one step closer to universal school choice. They argue that even middle-class families who can afford private tuition should have access to per-student funding equal to what the state gives to public schools.

“It’s taxpayer money that comes out of working Hoosiers’ paychecks,” said Betsy Wiley, president of the pro-voucher Institute for Quality Education. “Why should that only go to educate those that choose one type of school?”

However, the expansion could become “a windfall for upper-middle-class families that were already sending kids to private schools,” said Michael Petrilli, president of the Thomas B. Fordham Institute, a think tank that supports vouchers.

“That starts to raise some big questions,” he said.

The potential upside of providing vouchers to middle-class families is that it could push suburban school districts to improve to compete for students, Petrilli said.

Critics of school choice, including many school districts and teachers unions from around Indiana, have raised a drumbeat of opposition to the voucher increase. They argue that aid for private schools comes at the expense of the traditional public schools that educate about 88% of Indiana students.

In a year when Republican lawmakers largely ignored pleas to boost education funding in order to help districts increase chronically low teacher pay, it is especially frustrating to see a surge in spending on private education, said Keith Gambill, president of the Indiana State Teachers Association.

It is “completely irresponsible” for the state to dramatically increase aid for private schools at a time when the state’s economy has been roiled by the pandemic, Gambill said. “It is shortsighted to not invest to make sure that our public schools are the absolute best they can be.”

Research on the academic outcomes of vouchers is mixed. Recent studies, including one in Indiana, showed dips in some state test scores. Other research shows more positive results on long-term outcomes such as college enrollment. And voucher programs do seem to slightly improve test scores in competing public schools.

When Indiana lawmakers created the voucher program in 2011, it was one of the broadest in the nation. Instead of targeting a specific group, such as students in schools a state identifies as failing, or a single city, it was open to certain low-income families from around the state. Over the years, the state has broadened access, raised the income cap for some families, and made more families eligible.

In addition to meeting income limits, students must meet certain criteria to be eligible for vouchers. Lawmakers have made it easier by adding more ways for students to qualify. Now there are eight paths, including having a sibling who receives a voucher or previously attending a public school.

“Once you actually establish a choice program, people want it more,” said Robert Enlow, president of EdChoice, which supports vouchers.

While Indiana lawmakers have repeatedly expanded the state’s voucher program over the past decade, participation has leveled off. Participation has grown by less than 5% a year since the 2016-17 school year. Last school year, it grew by less than 500 students.

Even as the state’s voucher program has become more generous and easier to access, other conservative states have adopted aggressive school choice plans. This year, West Virginia approved an education savings account program that will eventually make all families eligible for state aid for private school.

None of the Indiana proposals are that expansive. While the legislature hasn’t determined precisely how much more money it will put toward vouchers, both proposals on the table would likely make the income ceiling for Indiana’s voucher program among the highest — if not the highest — in the nation.

The more modest Senate proposal would allow certain families making up to 225% of the eligibility level for federally subsidized meals to access vouchers.

The House budget would go even further, raising the cap to 300% of the same eligibility level, about $145,000 per year for a family of four. That’s nearly double the Indiana median income for families, which is about $74,000 per year.

Kenny Roll, the administrator at Tabernacle Christian School in Martinsville, said that although the proposed income limits may seem high, some families need the aid.

Even some middle-class parents might have fixed expenses like student loans, Roll said. And the cost mounts for raising children — from sports and braces to college tuition.

The private school charges tuition of about $5,900 per year, and although that school provides aid, some families cannot afford it.

Before the state voucher program, some parents would send their first child to Tabernacle because they valued a religious education only to switch to public school once they had several children, Roll said.

“That’s where I think the voucher really has benefited us the most is the families, not necessarily with one but with two, three, and four children,” Roll said. “It adds up pretty quick.”

New Indiana budget proposal scales back private school voucher expansion

2021-04-08T14:48:13+00:00

After a chorus of opposition from public school districts and advocates, Indiana Senate Republicans significantly scaled back an expansion of the state’s private school voucher program under their budget proposal Thursday.

The Senate plan would not extend private school vouchers to as many middle-class families as suggested in the House budget proposal and other legislation discussed this session. It also would dramatically curtail a proposal for education savings accounts, which would give stipends to parents of children with special needs who do not attend public schools.

The Senate would nonetheless make the state voucher program, which currently serves more than 36,000 students, more generous than it is currently. Students from a family of four earning nearly $110,000 per year could be eligible for vouchers under the Senate plan. It would raise the eligibility for new students to 200% of the subsidized meal income qualifications and 225% for returning students and those receiving special education, instead of the House’s proposed cap of 300%.

All students who receive vouchers would be eligible for up to 90% of the amount the state would have given to the local public school, an increase for middle-class families.

Indiana’s decade-old voucher program is already one of the broadest in the nation, available to low- and middle-income families as an alternative to public schools.

The state would spend about $40 million less per year on private school vouchers under the Senate plan than the House proposal, according to projections. The voucher program is expected to cost the state about $174 million this year.

Senate President Pro Tem Rodric Bray said the budget reduces funding for vouchers in part because his caucus believed “philosophically” it should be lower and in part because it is more fiscally prudent.

The proposal is the latest step in developing the state’s next two-year budget. The final spending plan will be negotiated by House and Senate leaders before the session is expected to end April 21.

House leaders plan to push for higher spending on state funding for private education. Speaker Todd Huston said that the House majority, which made expanding vouchers a legislative priority, would help senators “see the light.”

“We’ll be strong on the things that matter to our caucus,” Huston said. “I would expect that we will be negotiating very aggressively around those provisions.”

The Senate proposed budget would also pull back on plans to create a new education savings account program by capping the price tag at $3 million, about $16 million less than the House budget projection. The Senate budget requires families to meet the same income eligibility requirements as the state voucher program, and stipends would only include special education grants that students would have received.

Betsy Wiley, who leads the pro-voucher Institute for Quality Education, called the Senate proposal “disappointing.” Reduced funding for education savings accounts, in particular, would make the new program largely useless for most eligible families, she said.

“I would not consider it a victory if the Senate budget were the final budget. I would consider it a very small positive step,” Wiley said.

Advocates for traditional public schools remained critical of the increased spending on school choice.

Joel Hand, general counsel and lobbyist for the Indiana Coalition for Public Education, said his organization is “very disappointed” that the budget still includes an expansion of vouchers and the creation of education savings accounts.

The Senate plan, however, is “definitely a move in the right direction,” Hand said.

The budget proposal, presented Thursday to the Senate Appropriations Committee, also offered a slightly larger increase in state funding for K-12 education than the House: $408 million over the next two years.

Most of that increase would come in the second year of the budget, with funding going up by $92 million, or 1.2%, in 2022 and $316 million, or 4.2%, in 2023.

The draft budget would also benefit many school districts by increasing the aid for educating students from low-income families, students who are learning English, and students who receive special education services.

The final plan will be shaped in part by the revenue forecast expected next week, which will give lawmakers more information on how much money they have to spend.

Terry Spradlin, executive director of the Indiana School Boards Association, lauded the budget as “enormously helpful to public education.”

“The proposed spending plan does a good job of providing increases for all schools while making strategic investments in areas of high need, including special education and English language learners,” Spradlin said in a statement.

Other areas of the proposed Senate budget included:

The proposed budget offers a new way of deciding how much extra money school districts get to educate students in poverty. It would peg the amount of “complexity” aid that districts receive at 66% of the basic per-student funding the state provides. As a result, poverty aid would increase at the same rate as overall funding for schools, a notable change in a state where funding for schools serving low-income students has stagnated.
The budget would increase funding for special education by $196 million over two years. Unlike the House budget, the Senate would increase per-student aid for children with moderate and severe special education needs by 5% in the first year and 10% in the second year.
Senate Republicans also rejected a proposal to fully fund virtual schools. Their budget would keep funding for students who are learning virtually at 85% of the amount that brick-and-mortar schools receive.
Lawmakers would increase grants for charter schools, meant to help pay for buildings and operations, to $1,000 per year, slightly less than the House budget.

Career and technical education programs in fields that are considered low-wage and low-demand, such as culinary arts and cosmetology, would be spared from funding cuts.

How Tennessee school leaders spend billions in federal relief funds will carry huge stakes, both practically and politically

2021-03-24T01:25:47+00:00

For years, one faction of Tennessee’s education community has argued that more money is the answer to improving schools, while another has championed giving families more choices through programs like charter schools and vouchers.

Now the first faction is about to get its wish, and the second is watching closely to see how it goes. The stakes are high, both practically and politically.

Tennessee is receiving $4 billion-plus in federal funds for K-12 education through three pandemic recovery packages. That’s more than two-thirds of what the state spends in a single year on its students.

How the one-time money is spent over the next four years — and whether student achievement goes up as a result — will not only affect a generation of students disrupted by the pandemic. Some are setting this up to be a referendum on the perennial debate over whether more funding is key to improving schools.

“If students are still performing at the same level after we spend all this money, then money’s not the issue. It’s leadership,” said House Education Chairman Mark White, referring to Tennessee superintendents and school board members who have broad discretion over where to invest the massive amount of cash.

The Memphis Republican is among the GOP supermajority that, rallied by Republican Gov. Bill Lee, has embraced school choice policies as the route to jump-start academic gains that mostly have stalled in Tennessee since 2013.

Democrats, meanwhile, say Tennessee chronically under-resources its public schools via a broken funding system. Joined by several educator groups and backed up by reports and research, they’ve called for major investments to reduce class sizes, boost teacher salaries, and hire more specialists like school-based nurses, counselors, social workers, and academic interventionists.

Currently, Tennessee spends about $6 billion a year on education and ranks 46th in the nation in per-pupil spending, according to research compiled by the National Education Association.

Under a decade of GOP leadership, the state has, in fact, upped K-12 funding by more than $1.5 billion. But critics say the increases haven’t kept pace with inflation, forcing local governments to take up the slack and prompting a legal challenge from school systems in Memphis and Nashville over the adequacy of state funding.

National research consistently shows that spending more money on education yields better outcomes for students, including higher test scores, higher graduation rates, and often higher wages as adults.

White, the GOP leader from Memphis, believes the stimulus funding will serve as a test in Tennessee. Lawmakers plan to watch closely to see if students improve.

Rep. Mark White of Memphis chairs a key education committee in Tennessee’s legislature.

“If the needle has not been moved in two years, don’t come here griping because you’re not using your money wisely,” he said, citing student test scores as the primary measure of success.

Claire Smrekar, associate professor of public policy and education at Vanderbilt University, said it will take at least three to five years to fairly judge the impact of the federal money. Learning gaps, she noted, aren’t the only challenges the pandemic has imposed on students.

“This isn’t the stock market, and children are not machines,” Smrekar said. “Our students are going to need care, including cultivating their health and mental health. This is a process that will require intentionality, thoughtfulness, and a lot of collaboration.”

Either way, Tennessee Education Commissioner Penny Schwinn wants every school leader to understand it’s a make-or-break time for educators.

“I’m looking at 900 different ways to explain this moment to school districts so they understand both the opportunity and gravity of this funding,” Schwinn said.

It’s unclear whether and how much students have fallen behind over the last year. State assessments will be given between April 12 and June 10 to determine where students stand.

But it’s increasingly clear that Lee’s administration expects the additional funding to generate test scores that both recover and raise the bar by spring 2025, especially for the state’s youngest students.

“We’re not going to tell district leaders how to spend the money. But how they choose to spend it and what happens will absolutely have an impact on every conversation we have about school funding moving forward,” Schwinn said. “This is a moment in time to show us.”

Districts will get about $2.2 billion of nearly $2.5 billion coming to Tennessee schools from President Joe Biden’s recent American Rescue Plan. Federal law requires that a fifth of the money pay for programs and resources designed to catch up students from pandemic-related learning lags. The rest is to address other pandemic-related needs that could include technology, student mental health services, and school building improvements to reduce risk of virus transmission, among other things.

Many district leaders are still figuring out how to spend the second pot of money, which totals $1.1 billion in Tennessee, much less the much larger third pot. But the clock is already ticking. By law, they must spend or obligate the funds by September 2024.

Beyond launching required learning recovery programs, Montgomery County Superintendent Millard House has his eye on long-neglected buildings in his school system along the Tennessee-Kentucky border. “This is an opportunity to address deferred maintenance and air-quality issues that have been skipped over for years,” he said.

The one-time money can’t be used on recurring expenses like raising teacher salaries or lowering classroom sizes, so school leaders must be especially strategic, said Dale Lynch, executive director of the state’s superintendents organization.

“I think it’s important to remember that this is money sent to us for relief and recovery. It’s to help our children, our school systems, recover from COVID-19,” Lynch said.

School systems must report expenses to the state education department to get reimbursed with the federal funds.

To elevate accountability on the third round of money, Schwinn wants local leaders to submit monthly reports to her department beginning July 1 — and to publicly post spending plan summaries to help parents, students, and educators understand where the money is going.

“We’re also strongly, strongly recommending that districts spend 1% of their funding on staffing to monitor the spending. This is not the kind of work that can be placed on existing staff,” Schwinn said.

Smrekar, with Vanderbilt University, believes the historic infusion of cash should transcend politics to improve and innovate public education. It doesn’t have to be a referendum, she said.

“This is not a contest. It’s a clarion call to come together,” Smrekar said. “The decisions that are made today and implemented tomorrow will become part of the historical legacy of this pandemic.”

Indiana House budget would expand vouchers, limit poverty aid for schools

2021-02-12T00:41:36+00:00

At a time when many Hoosier families are in financial distress because of the pandemic, the Indiana House Republicans’ draft budget would cap the state aid for educating children in poverty and at the same time fund a significant expansion in private school vouchers for middle-class families.

The budget proposal, which was presented to and passed by the House Ways and Means Committee Thursday, would increase state funding for K-12 education by $378 million over the next two years — a 3.8% boost from this school year. The state would spread that increase across all Indiana public schools and a host of contentious education priorities while limiting funding to districts where poverty surges because of the pandemic.

The draft is an early step in the state’s budget development process. The Senate will produce its own budget proposal before the two chambers negotiate a final agreement.

Thursday’s proposal omits any substantial increase for teacher raises that a state panel recommended last year.

Republican lawmakers hope to spend about $66 million over two years to dramatically expand state aid for private schools and to include more generous tuition subsidies for students from middle-class families.

The budget plan would also increase state funding for virtual schools to the same amount that brick-and-mortar schools receive, which is expected to cost nearly $28 million over two years.

That move would direct more money to one of the state’s most troubled education sectors. But it may also benefit many schools that typically operate in person but may offer remote instruction next school year if the pandemic does not abate.

Charter and innovation schools would get a boost in the budget. Because those schools do not typically receive local property taxes to pay for buildings and other operation costs, the state provides them a per-student grant. The budget proposes increasing that amount to $1,250 over the next two years, up from $750 this year.

The budget also would earmark $150 million in one-time funding for programs that aim to help students who have fallen behind in school during the pandemic.

House leaders touted the budget proposal as showing their commitment to K-12 education even as the state’s finances are tight.

“We did not reduce education during the pandemic, and we build on those increases in this budget cycle,” said Republican Tim Brown, chairman of the House Ways and Means Committee.

“Parents by far and away want to make choices for their kids. They want to have options,” Brown said. “I know a lot of parents are going to be looking at hybrid models out there, and whether they even want to send their children back to school.”

The proposal was met with skepticism by Democrats on the committee, who said that it did not address the state’s pressing need to increase teacher pay.

“The school funding formula introduced today is furthering the GOP’s education ‘separate and unequal’ agenda by effectively creating ‘haves’ and ‘have-nots,’” said Greg Porter, D-Indianapolis, in a statement. “My colleagues across the aisle believe they have a right to determine which child’s future is worth investing in and which is not.”

Poverty aid

Despite more children living in poverty during the pandemic, lawmakers are proposing curbing the additional money schools could receive if the numbers of students from low-income families rise.

During the pandemic, child poverty has risen across the country. About 15% more Indiana households received food stamps in September than a year earlier.

In prior years, that increase in poverty would have driven a similar surge in the amount that schools receive from the state. The number of students who get food stamps is one factor used to calculate how much aid districts receive to educate students from low-income families.

But this year, the House is proposing a new formula that would curtail the bump in aid schools receive if more of their children are in poverty. Lawmakers say it will help reduce fluctuations in funding. Under the House proposal, the so-called “complexity index,” which is used to calculate aid for schools, would only be able to increase or decrease by a limited amount.

Two years ago, lawmakers limited the amount that complexity funding could decrease, in a bid to protect schools from big losses in aid when the economy was strong. But the new ceiling on the amount of additional aid districts can receive would eat into assistance just as students’ needs climb.

Even with the proposed cap tamping down hikes in state aid, because of the increasing need, the amount of money dedicated to educating needy students is expected to rise by about $19 million next year to reach about $689 million.

While the budget proposal calls for increasing the basic per-student payment to schools, it would keep the complexity amount flat. By increasing funding across the board, the state effectively awards larger increases to districts serving more affluent populations.

Wayne Township in Indianapolis, a district where two-thirds of students come from low-income families, is projected to see lower-than-average per-student increases in the budget plan because of a 7.3% loss in complexity funding.

“I’m just shaking my head,” said Wayne Township Superintendent Jeff Butts. “Once again, we’re creating greater inequities in funding.”

Vouchers

The budget would vastly expand state funding for children from middle-class families to attend private school.

The budget would fund a controversial proposal that would open the state’s private school voucher program to thousands of families who currently make too much money to qualify. The proposal would increase aid for middle-class students and create an education savings account program, which would give stipends to parents of children with special needs.

The plan would expand eligibility for vouchers each year. By 2022-23, a family of four would qualify if earning up to about $145,000 per year. That’s well above the state median income for families, which is about $74,000 per year.

Middle-class families would also receive more money for tuition. Currently, families receive vouchers of 90%, 70%, or 50% of the state tuition aid, with the amount decreasing for greater incomes. The budget proposal would increase all vouchers to 90% of how much the state would have spent on a child’s public education.

The expansion would cost the state about $33 million per year.

Stephanie Wang contributed reporting.

Broadband, teacher pay, literacy are priorities in Tennessee governor’s proposed budget

2021-02-09T02:13:30+00:00

Declaring he wants to solve Tennessee’s broadband dilemma once and for all, Gov. Bill Lee proposed spending $200 million to close internet service gaps, an investment that he says will benefit students as well as the economy.

The plan is part of a $41.8 billion proposed budget the Republican governor unveiled Monday during his annual State of the State Address at the Capitol in Nashville. The proposal for the fiscal year starting July 1 includes almost $342 million more for K-12 education than allocated in the current year’s budget.

“A significant, one-time investment, combined with significant private investment, will get broadband to just about every community in Tennessee, and tonight, that’s exactly what I’m proposing,” Lee said during a joint session of the Tennessee General Assembly.

The governor also wants more money for educator pay, literacy programs, and charter school facilities using better-than-expected revenues during the coronavirus pandemic.

And he’s requesting $29 million to start a school voucher program this fall should the Tennessee Supreme Court side with his administration and restore a 2019 voucher law overturned last spring. The high court agreed last week to take on the case.

Teacher pay and literacy were the biggest-ticket new items for education. The governor proposed a 4% increase toward educator compensation at a cost of $120 million, plus an additional $110 million to support new phonics-based reading initiatives his education chief, Penny Schwinn, announced last month. Lee also is seeking $24 million to help charter school operators with their building costs.

Lee’s spending plan would maintain funding for public schools through its complex formula known as the Basic Education Program — and set aside another $20 million to help offset this year’s statewide enrollment decline during the pandemic. But it’s uncertain if that amount would cover what is needed, since next year’s funding is largely based on this year’s enrollment. Last fall, enrollment was down by 33,000, according to the Tennessee Department of Education.

Democrats and Tennessee’s largest teacher organization had urged Lee to go bigger toward public education this year. After reviewing his proposals, they were disappointed he asked for more new money for capital improvements — $931 million in all — than for education. The governor also wants to add $50 million to get the state’s rainy day fund to a record $1.5 billion.

“Tennessee ranks 46th in the nation for student funding, and Tennessee teachers earn less today than they did a decade ago after inflation,” said Hendrell Remus, chairman of the Tennessee Democratic Caucus. He called Lee’s proposed teacher increase “an insult to educators.”

The president of the Tennessee Education Association praised Lee’s broadband proposal, but not his overall education budget.

“Long before the pandemic hit our state, our public schools were already suffering under a plague of chronic underfunding,” said Beth Brown, noting an urgent need for more school counselors, social workers, nurses, librarians and support staff. “It is irresponsible and harmful to Tennessee children for Gov. Lee to continue this pattern of insufficient state investment in our schools, especially at a time when Tennessee has the largest revenue surpluses in state history.”

Aides described the governor’s spending plan as “cautiously optimistic” as the pandemic continues. Last year, the emerging virus prompted Lee to roll back many of his education proposals, including a $250 million trust fund to support and grow mental health services for students in Tennessee’s highest-risk schools. This year, Lee is proposing $6.5 million in recurring funding toward student mental health.

The legislature will decide whether he gets his wish list. Lawmakers reconvened their regular session this week following a four-day special session on education last month. They’ll vote on a final budget before adjourning this spring.

Indiana voucher supporters, opponents spar at Statehouse

2021-02-04T23:12:46+00:00

A set of Statehouse proposals that would vastly expand public funding for private school education in Indiana inspired a marathon of impassioned testimony Wednesday, from both supporters and opponents of the controversial bills.

The legislature is considering opening the state’s existing private school voucher program to thousands of families who currently make too much money to qualify and increasing the stipends for middle-class students. The proposals would also create education savings accounts, which would give stipends to parents of children with special needs for their schooling.

The House Education Committee made several changes to the bill in bid to bring down the price tag to about $34 million in the first year, from the initial projection of over $100 million. A House Republican priority, the bill was approved by a vote of 8-4, and it will head to the Ways and Means Committee next.

The latest plan would delay the launch of education savings accounts until 2022. It also would reduce the potential funding for the accounts to 90% of what the state would have provided to a student’s public school, plus special education costs. And children of veterans with disabilities would no longer be eligible to participate.

Lawmakers also made several changes to the education savings accounts program at the recommendation of special education advocates, including broadening the expenses the accounts could be used for and creating an advisory council charged with providing guidance.

The Senate Education and Career Development committee is expected to make some changes before voting next week on two bills it considered.

Among the dozens of advocates and parents weighing in on the proposals, parents who benefit from the state’s existing voucher program spoke to how it helped them afford private schools they loved. And skeptics of the expansion argued that it would drain much-needed resources from a public school system that serves most Hoosier students.

By raising the income limit for vouchers, the state would open the program up to many more middle-class parents like Heidi Gant, who said that her family cannot afford to pay for private school without state aid.

Gant, who is expecting her first child in August, said that the public schools in her area are high performing, but she values religious education.

“I came to the realization that I wouldn’t be able to give my children a faith-formed Christian education that I was blessed with as a child,” said Gant, who works for the Indiana Non-Public Education Association. “How is it that we can make a decent middle-class salary and still not really have a choice about where our children receive their education?”

Opponents of the expansion of school choice argued that the money to boost vouchers should instead go to increasing teacher pay.

Kristien Hamilton, a teacher at Greencastle Middle School and the president of the district union, argued that the bill would make a “mockery of all claims that there is no money to improve teacher pay.”

“If House Bill 1005 is not decisively rejected, the future of public education in Indiana is bleak,” Hamilton said. “Our hardworking but demoralized teachers and administrators in Indiana would take this bill as a signal that the General Assembly is ready to put public education into a death spiral.”

The bill would increase all vouchers to 90% of how much the state would have spent on a child’s public education. Currently, families who make more money receive vouchers of 50% or 70% of the state tuition aid.

That could be important for parents like Brad Murray, a father of seventh-grade quadruplets who receive vouchers. When his income went up last year, the voucher amount his children received went down. At the same time, his family was no longer eligible for Medicaid, Murray said.

“There’s no way I could put my kids in the education they’ve had so far in school without this voucher,” Murray said. “I want to be able to continue to work hard and try to make better for my family.”

All the places Cheryl Kirk could afford to live had failing public schools, she said. With the help of vouchers, she was able to send her children to private high school. But there was still about a $5,000 gap between the scholarships and their tuition costs. To pay for that, she worked extra hours and a second job, Kirk said.

“There’s plenty of days I go to work, I get off work. I’m their biggest cheerleader at the football game. And I go back to work,” Kirk said. “It’s that important.”

The education savings accounts aim to serve students with special needs. But they drew criticism from some parents who said they would not help their children.

“This is not what we as parents need,” said Rachel Burke, president-elect of the Indiana Parent Teacher Association, who also has two children with autism. “There’s a lot of snake oil out there, if I’m going to be very blunt, for special education services. There are a lot of unproven things, and things we know scientifically are dangerous for students and that really do hurt learning and learning ability.”

Joel Hand, a lobbyist for the Indiana Coalition for Public Education, pointed to problems with other publicly funded programs that help families pay for educational services — like one in Indiana that could be used to buy a Netflix subscription, Chalkbeat found, or another in California that covered trips to Disneyland.

Tennessee Supreme Court agrees to hear state’s school voucher appeal

2021-02-04T20:05:26+00:00

The Tennessee Supreme Court agreed Thursday to consider the state’s request to restore a school voucher law that was overturned last spring by a lower court.

The high court issued a one-page order to begin taking up the appeal and offered no comment on its decision.

The order keeps alive Tennessee’s quest to create an education savings account program that would provide taxpayer money to eligible families in Memphis and Nashville to pay toward private school tuition.

Since a Nashville judge declared the 2019 voucher law unconstitutional last May, the state has lost a series of court rulings that blocked the program from starting while the case was appealed. In September, a three-judge panel of the Tennessee Court of Appeals unanimously upheld Chancellor Anne C. Martin’s ruling.

A spokeswoman for Gov. Bill Lee, who championed the law, praised the high court Thursday for reconsidering those decisions, as did several pro-voucher groups that have joined the state’s appeal.

“The Tennessee Supreme Court’s willingness to hear the case is an encouraging development. We remain committed to parent choice and providing high-quality education options for Tennessee families,” said Laine Arnold, communications director for the governor.

“Not only is the ESA program constitutional, but it is also necessary for families who need a choice,” said Braden Boucek, vice president of legal affairs for the Beacon Center, one of several advocacy organizations that are part of the appeal.

The merits of school choice haven’t been at the heart of this case.

Metropolitan Nashville and Shelby County challenged the law because it applies only to their communities without giving their local governments or voters a say. Their governing bodies were on record opposing the governor’s proposal when it passed the legislature with the support of GOP lawmakers who had received assurances that their school districts would not be affected.

Nashville Law Director Bob Cooper, who argued the case on behalf of the two local governments, said the basis for their case hasn’t changed.

“The trial court and a unanimous court of appeals panel held that the ESA Act imposes an unconstitutional burden on local sovereignty. We look forward to presenting those same issues to the Supreme Court,” Cooper said.

In its order, the Supreme Court also said it would consider a brief filed in December by a dozen current and former Republican legislators who sponsored or co-sponsored the voucher legislation. They asked the five-judge panel for clarity around interpreting and applying the state Constitution’s so-called “home rule” provision, which was the basis for the legal challenge.

Race, politics, and power loom large in dispute between state officials and Tennessee’s two largest school districts over reopening

2021-02-03T01:17:25+00:00

In the pitched debate over school reopening, Tennessee Gov. Bill Lee has repeatedly chided leaders of the state’s two largest school districts for not “putting the needs of students first.” His Republican colleagues in the state legislature are threatening to strip funding from the Memphis and Nashville districts if they don’t pivot quickly and reopen their classrooms.

Although Nashville announced a gradual return starting this week, Shelby County Schools Superintendent Joris Ray has stood firm. The district is sticking with all-remote learning indefinitely. Ray accused state leaders of being out of touch with the needs of Memphis students, who are mostly Black, living in poverty, and disproportionately affected by the deadly virus.

The profound disconnect is the latest example of how a decade-long rift between Tennessee’s state-level decision-makers and urban school leaders can boil over and shape policy affecting the state’s most vulnerable students. Like previous state battles involving Memphis and Nashville, this one is shaped by politics, race, and power — with both sides claiming the moral high ground.

“We’ve seen this before,” Memphis City Councilman Martavius Jones said of the seemingly intractable debate. “It feels like another case of us versus them.”

New, however, is the global health crisis that is disrupting classrooms and disproportionately affecting people of color. The stakes are high because COVID-19 is a life-threatening virus that is putting a generation of students at risk academically and emotionally.

“At the end of the day, our children are suffering,” said Dianechia Fields, a Memphis parent who wants state and local leaders to find a way to collaborate. “At some point, we have to stop fighting each other and sit down and come to reasonable and sensible solutions.”

The reddening of Tennessee

Much of the fracture can be traced to politics.

Mirroring a regional flip, Republicans gained control of Tennessee’s legislature in 2008 and, two years later, the governor’s seat, too. That historic shift, in a state where Democrats had mostly reigned for more than a century, has profoundly changed the working relationship of state government with its two remaining Democratic strongholds.

In the decade since, Tennessee’s reform-minded legislature has singled out Memphis and Nashville for multiple controversial education initiatives, even if their locally elected officials oppose them. GOP leaders point to the high concentrations of low-performing schools that have languished in both cities as justification to intervene.

Beginning in 2012, the state took over dozens of schools in Memphis and a few in Nashville through its Achievement School District. The takeovers, which handed control to charter operators that for the most part have also struggled to improve the schools, angered people in neighborhoods where schools were a source of pride.

A student at Caldwell-Guthrie Elementary School listens in 2015 as parents protest the state’s process for matching charter operators with Memphis schools taken over by Tennessee’s Achievement School District.

The legislature also approved measures aimed at luring private charter organizations to use public money to open and operate schools that are supposed to use innovative teaching methods. Memphis begrudgingly became home to most of the charter schools, while Nashville’s school board pushed back the hardest.

More recently, the legislature passed a school voucher law that would give taxpayer money to eligible families who leave public schools to pursue a private education. The 2019 law, which was championed by the governor, only applied to Memphis and Nashville, opening the door to a successful legal challenge. The state has appealed the ruling.

In separate litigation, Memphis and Nashville school boards are challenging the adequacy of state education funding, especially for urban schools. Their 5-year-old lawsuit, which is set for trial in October, aligns with Democrats’ calls to invest more money in education in a state that still ranks near the bottom in per-pupil spending.

The lawsuits have infuriated state Republican leaders, while providing recourse for local officials who believe Capitol Hill isn’t giving them a fair shake.

“Since 2010, the legislature has kind of quit listening to the people on the ground in its biggest urban areas, especially in Memphis,” said Marcus Pohlmann, professor emeritus of political science at Rhodes College. “They’ve imposed policies that are premised on the idea that school choice is pretty much the answer to everything.”

Many urban educators long have argued for an approach that is more comprehensive — and expensive. Their want list includes expanding early childhood education and wraparound programs that combat poverty and improve health care.

“It’s just like playing whack-a-mole if you’re not trying to solve the systemic problem,” said Miska Clay Bibbs, school board chairman for Shelby County Schools.

‘Race cannot be ignored’

Tennessee’s school reopening debate has centered on the state’s two most diverse school systems, which also are led by Black superintendents.

“The undercurrents of race cannot be ignored,” said Sen. Raumesh Akbari, a Memphis Democrat.

“The official line is that this is not about race,” said Akbari, who is Black. “But it’s difficult for Memphians to think otherwise when folks from other places in our state are trying to decide what’s best for Memphis and Shelby County, and it’s in conflict with the decisions of local school leaders who know their community best.”

Trust in state government, including its predominantly white legislature, is particularly low in her hometown, she said. About 65% of the population is Black.

Memphians are still smarting over legislative decisions that prompted the school board to give up its charter for Memphis City Schools, which served students who were mostly of color and from low-income families. That move led the city district to merge in 2013 with the suburban Shelby County district, which served more affluent students who were mostly white.

A year later, six suburban towns seceded and created their own school systems after Republican legislators passed a new law to allow it. Their exodus is considered one of the nation’s most egregious examples of public education splintering into a system of haves and have-nots over race and class.

“That was a big thing,” recalls Councilman Jones, who served on the city school board before schools were desegregated, then quickly resegregated. “It led to a lot of mistrust, and that has never dissipated.”

Dianechia Fields’ mistrust only grew when she began traveling to the Capitol in 2016 to lobby for education policy changes with the parent advocacy group Memphis Lift. Fields, who is Black and has two sons in Memphis schools, was surprised by how little rural white legislators knew about the state’s largest school district and the experiences of Black parents and students. One lawmaker remarked that he didn’t know Memphis parents cared about their children’s education.

“That was eye-opening,” she said. “They didn’t know. They just knew what they saw on paper. But none of them had visited schools to see what was actually happening.”

“Don’t hurt my children,” Shelby County Schools Superintendent Joris Ray has told lawmakers about a GOP proposal to cut funding for districts that use completely virtual instruction.

Multiple surveys conducted by Shelby County Schools show parents and educators have serious concerns about whether schools can keep students and teachers safe from the virus. Most say they don’t want to return to classrooms due to their city’s large number of COVID-19 cases. Many Memphis students live in crowded and multigenerational homes with older family members who are more at risk of dying if they get sick.

“The health concerns are real,” said Pohlmann, who has authored several books on education and race in Memphis. “People are dying, and the feeling is that, if you have to err, maybe you err on setting back kids’ learning a little bit in order to protect lives. Kids can recover, but dead people don’t come back.”

Who gets to decide?

Senate Majority Leader Jack Johnson said he believes in local education control, but not when it runs contrary to state policies aimed at “the best interest of kids.”

The Centers for Disease Control and Prevention recently said there’s little evidence of coronavirus transmission in schools if precautions are followed. By contrast, staying remote has put a strain on students’ mental health and compromised access to food for children from impoverished families. Other data shows that Black and Hispanic students, as well as those in schools that serve low-income students, are falling further behind in reading and math.

“The state sets the parameters in which the [school systems] operate and provides about two-thirds of the funding,” said Johnson, who represents an affluent district south of Nashville and co-sponsored the bill to tie funding to reopening. “When they are not adhering to the letter or spirit of those parameters, we have every right to intervene — and we will.”

Flanked by Tennessee GOP leaders including Sen. Jack Johnson (far right), Gov. Bill Lee speaks to reporters on Jan. 22, 2021, at the close of a special legislative session on education.

Johnson has little patience at this point for school systems that don’t offer an in-person learning option. “These are massive school systems. They have enormous facilities. They’ve had ample warning and plenty of time,” he said.

But that kind of top-down talk feels more like a “master-slave narrative” in which “I know what’s best for you,” says Natalie McKinney, a former policy director for Shelby County Schools.

“We cannot purport to say we’re changing something for the better for someone and we don’t include them in that process,” she said.

Others worry that choosing a combative tone ultimately will be counterproductive.

“Power dynamics go both ways,” said Joshua Glazer, an education policy professor at George Washington University, who has studied education and race in Memphis. “Local districts depend on the state for funding. And the governor and state education agency really need school districts to carry through and implement their plans. There’s a web of interpendence here where all these different players really need to work together.”

Unfortunately, Glazer said, the divide over how to best reopen schools follows years of other disagreements that have created a debilitating level of mistrust between the state and districts in Memphis and Nashville. Without a history of healthy institutional relationships to fall back on, he said, “things can very easily spiral downward, which it seems to be doing.”

“COVID didn’t invent these problems; it just put them in the limelight,” Glazer continued. “And there’s no vaccine that will cure when cities and the state can’t work together.”

Voucher expansion, education savings account plan could cost Indiana $100 million

2021-01-21T23:56:55+00:00

Indiana politicians are seizing on the upheaval caused by the pandemic to push forward a vast expansion of taxpayer funding for private education, which could cost the state more than $100 million next year.

A top priority for House Republicans, House Bill 1005 would offer aid to thousands of students from middle-class families and children with special needs.

It could increase the number of students receiving state stipends by about 40% in 2021-22, according to an estimate from the Legislative Services Agency.

About 12,000 students who already attend participating private schools but don’t currently qualify for state aid could become eligible.

In addition to expanding eligibility for state vouchers to more students from middle-income families, the bill would create a form of school choice — known as education savings accounts — that would give stipends to parents of children with special needs to spend on their education.

The Republican effort comes at a time when some parents are frustrated with remote schooling during the pandemic and many students with special needs lost out on crucial therapies when schools were remote. Last week, the U.S. Department of Education’s Office for Civil Rights opened an investigation into whether Indiana schools are providing appropriate special education services during the pandemic.

But lawmakers would also be making a costly investment in school choice even as they have not backed substantial increases in education funding as recommended by a state commission on teacher pay.

Indiana’s voucher program, which primarily funds religious schools, is one of the largest in the country. The proposed expansion is the latest in a yearslong campaign to expand private school funding.

“Taxpayers should be allowing parents to send their child to the education that best meets the needs of their child,” said Rep. Bob Behning, R-Indianapolis, who chairs the House Education Committee and authored the bill. “Empowering parents to have a little bit greater ability to decide what’s in the best interest of their child makes perfect sense at this time.”

Critics say that expanding the state’s voucher program bleeds money from traditional public schools, reducing the quality of schools that educate most students in the state.

“We’re funding two separate systems instead of really investing in one,” said Jennifer Smith-Margraf, vice president of the Indiana State Teachers Association. Without more state funding, schools cannot offer competitive teacher pay and students suffer, she said.

“We think that the issues that parents are having in terms of public education are coming from the fact that we can’t fund the programs that we know that we need to have,” Smith-Margraf said.

The bill would open up the state’s existing voucher program — which serves 37,000 students from low- and middle-income families — to wealthier families. By 2022-23, a family of four would qualify if earning up to about $145,000 per year. That’s well above the state median income for families, which is about $74,000 per year.

It would also increase the tuition stipend that middle-class students receive to 90% of the amount the state would have provided to their public district.

The voucher program cost the state about $173 million last school year.

Proponents originally pitched Indiana’s decade-old voucher program as a way to help low- and middle-income families who couldn’t afford tuition to send their children to private schools. As the state has expanded eligibility, opponents have argued it is draining money from public schools to underwrite middle-class students who could attend private school without vouchers.

School choice supporters like Betsy Wiley, who leads Institute for Quality Education, argue that parents are entitled to money for private school tuition because they are taxpayers. Wiley said that there are families who cannot afford private schools who would be able to send their children under the expanded program.

“This does allow a number of working, middle-class families to potentially offer a better educational fit for their kids,” Wiley said. “We are talking about a very real, important educational opportunity for a number of kids, that can make a huge difference in their future.”

The most costly element of the proposed legislation would create education savings accounts focused on students with special needs. The program would be more generous than vouchers by providing the full amount the state would otherwise spend on a child’s schooling. Parents could choose to receive money for special education, instead of services. In addition to paying tuition, parents would be able to use that money for expenses such as tutoring and therapy.

The bill also makes the accounts available to children in foster care and the children of some military members and veterans.

But while the bill appears designed to help students with special needs, some advocates for those students worry that in practice, children would not get the services they need. The Arc of Indiana, an organization that supports people with disabilities, currently opposes the bill, CEO Kim Dodson said.

Dodson flagged several practical issues, including that private schools may be less likely to offer services if parents can purchase them through the savings accounts. Ultimately, Dodson said, only children with proactive parents who have time to navigate a cumbersome system seem likely to benefit.

To make the savings accounts work for more families, Dodson said, the legislature should create a special education ombudsman to help parents navigate the system and a parent council to oversee it.

“It’s really hard to argue against giving families money and control of their education. That sounds fantastic,” Dodson said. “However, it works differently for every family, and the devil is always in the details.”

Tennessee’s new Senate education leader is pro-voucher attorney

2021-01-14T00:36:53+00:00

A Memphis-area lawmaker who is an attorney for a pro-voucher group was named Wednesday to lead the Tennessee legislature’s powerful Senate committee over education policy.

Germantown Republican Brian Kelsey will replace Dolores Gresham, the longtime GOP chairwoman who recently retired from the legislature.

Lt. Gov. Randy McNally called Kelsey the “obvious choice” because of his commitment to education reform during his 10 years on the committee.

Two other Republican lawmakers from West Tennessee were named House education leaders as the newly elected legislature convened this week. Rep. Mark White of Memphis, who previously chaired the committee, will lead a panel on education administration, which includes K-12 and higher education. Rep. Deborah Moody, who previously led the subcommittee on curriculum, testing, and innovation, will chair a new education and instruction panel. Speaker Cameron Sexton split the committee in two because of the large number of education bills filed every year.

Committees are the gatekeepers of hundreds of proposals each year that, if approved, can affect Tennessee students, educators, and schools.

Vouchers, which provide families with state funding to help pay for private school tuition, have been at the center of bitter legislative fights in Tennessee in recent years. Last spring, a judge overturned a 2019 voucher law and halted the state’s program before it could launch. It’s uncertain if there’s appetite to take up new voucher legislation this year during the pandemic.

Kelsey is an attorney for the Liberty Justice Center, a Chicago-based group supporting the state’s appeals to reverse the voucher ruling. The state Supreme Court is considering whether to hear the case after a lower appeals court sided with the judge in September.

Next week, Kelsey will chair the Senate panel that will consider major legislation from Gov. Bill Lee during a special session on pandemic-related challenges to the state’s education system. On the agenda are teacher pay, school funding, literacy, testing, and programs to catch students up.

“Unfortunately there has been significant learning loss as a result of this pandemic,” Kelsey said Tuesday. “I support our governor’s efforts to shine a light on the education of our children.”

Gresham chaired the Senate panel for 12 years and staunchly supported policies like vouchers to give parents more education choices for their children.

In an interview with Chalkbeat, Kelsey praised the state’s direction on education under Gresham’s leadership and talked about his own background for the job.

“Personally, the main reason I ran for office 16 years ago was to improve the education system in Tennessee. My wife and my mom are both former teachers and have taught me the importance of a good education for success in life,” he said.

Kelsey declined to comment when asked about a 2019 news report that a grand jury was investigating campaign transactions related to his failed bid for Congress in 2016.

His nine-member committee will include only one Democrat, Sen. Raumesh Akbari of Memphis. Akbari, who is also the only person of color named to the committee, opposes vouchers and has called for targeted investments in public education to help the state’s most vulnerable students.

Below are new committee assignments. (* denotes new members)

Senate Education Committee

Brain Kelsey, R-Germantown, chairman
Jon Lundberg, R-Bristol, first vice chairman
Raumesh Akbari, D-Memphis, second vice chairman
Mike Bell, R-Riceville
Rusty Crowe, R-Johnson City
Ferrell Haile, R-Gallatin
Joey Hensley, R-Hohenwald
Bill Powers, R-Clarksville*
Dawn White, R-Murfreesboro*

House K-12 Education Committee

Mark White, R-Memphis, chairman
Chris Hurt, R-Halls, vice chairman
Charlie Baum, R-Murfreesboro
Michele Carringer, R-Knoxville*
Glen Casada, R-Franklin*
Scott Cepicky, R-Culleoka
John Ray Clemmons, D-Nashville
Mark Cochran, R-Englewood
Tandy Darby, R-Greenfield*
John Gillespie, R-Memphis*
Yusuf Hakeem, D-Chattanooga
Kirk Haston, R-Lobelville
Justin Lafferty, R-Knoxville*
Harold Love, D-Nashville
Antonio Parkinson, D-Memphis
John Ragan, R-Oak Ridge

Education & Instruction Committee

Deborah Moody, R-Covington, chairman
Terri Lynn Weaver, R-Lancaster, vice chairman
Scott Cepicky, R-Culleoka
Vincent Dixie, D-Nashville
Bruce Griffey, R-Paris*
Torrey Harris, D-Memphis*
Kirk Haston, R-Lobelville
Tim Hicks, R-Gray*
Eddie Mannis, R-Knoxville*
Sam McKenzie, D-Knoxville*
Antonio Parkinson, D-Memphis
John Ragan, R-Oak Ridge
Iris Rudder, R-Winchester
Mike Sparks, R-Smyrna*
Todd Warner, R-Chapel Hill*

Speaker Sexton also named three House education subcommittees: K-12, chaired by Rep. Kirk Haston; higher education, chaired by Rep. Justin Lafferty, and education & instruction, chaired by Rep. Scott Cepicky.

Editor’s note: This story has been updated to include House committee assignments.

Tennessee governor hires another ex-lawmaker who championed school vouchers

2020-11-30T21:29:01+00:00

Gov. Bill Lee on Monday named John DeBerry, a passionate school voucher advocate who recently was ousted from the Tennessee legislature and the Democratic Party, to his cabinet.

The former Memphis lawmaker, who lost his bid this month to return as a state representative, will serve on the Republican governor’s executive leadership team beginning on Tuesday, according to a news release from Lee’s office.

“John has fought to protect life, provide better education options for Tennessee students, and to reform our criminal justice system and I’m honored to have his counsel within the Cabinet,” Lee said in a statement.

A spokesman for the governor said DeBerry will advise Lee on education and criminal justice reform, among other issues. He will have an office at the State Capitol in Nashville, and his annual salary will be $165,000.

DeBerry is the second former lawmaker and voucher proponent tapped this month to join Lee’s administration ahead of the new legislative session in January.

The governor hired former Rep. Bill Dunn as a special adviser on education, just days after his term ended. The longtime Knoxville Republican lawmaker helped steer Lee’s controversial school voucher plan through the legislature. He did not seek reelection after 26 years in office.

Both men served on the House Education Committee and were vocal supporters of proposals aimed at giving parents more education choices for their children — an issue on which the governor campaigned. Their hiring suggests that Lee is not backing down on school choice, even though the 2019 voucher law he championed was overturned in May for applying only to Memphis and Nashville, where local government bodies did not support the plan. Last week, the state appealed the ruling to the Tennessee Supreme Court.

A minister, DeBerry had represented Memphis’ 90th House district as a Democrat since 1995 until the state party removed him from the primary ballot this spring because of his GOP-aligned voting record. In November, he sought reelection as an independent and was soundly defeated by Democrat Torrey Harris, a human resources professional for Shelby County government.

DeBerry was the only member of his party who voted for the governor’s education savings account plan that barely passed out of the House. Soon after, he received a “champion of choice” award from the pro-voucher Tennessee Federation for Children for his support of policies that give taxpayer money to parents who want to send their children to private schools.

“It’s been an honor to serve my constituents for the last 26 years,” DeBerry said in a statement about his new job. “I am proud of the work accomplished throughout my time with the Tennessee General Assembly and I look forward to serving Tennesseans in this statewide role.”

DeBerry is a graduate of Freed-Hardeman University and the University of Memphis. He preaches at the Coleman Avenue Church of Christ in Memphis.

Tennessee takes overturned school voucher law to state’s highest court

2020-11-24T21:42:07+00:00

State officials asked the Tennessee Supreme Court Tuesday to restore a school voucher law overturned this spring by a lower court.

Attorney General Herbert Slatery III filed the state’s application to appeal to the state’s highest court just days before the court’s deadline for continuing the case.

The 32-page request comes after a series of judicial rulings blocked Gov. Bill Lee’s controversial education savings account program from starting this fall.

The governor has vowed to continue fighting for the 2019 law that would provide taxpayer money to eligible families in Memphis and Nashville to pay for private school tuition.

Lee says the goal is to give parents more education choices for their children. Critics say the program would transfer students and funding from public to private schools and saddle Tennessee’s two largest cities with an unfair financial burden.

But the merits of school choice aren’t at the heart of this case.

Metro Nashville and Shelby County challenged the law because it applies only to their communities without giving their local governments or voters a say. Their governing bodies were on record opposing the governor’s proposal when it squeaked through the legislature with the support of GOP lawmakers who had received assurances that their districts would not be affected.

Davidson County Chancellor Anne C. Martin agreed with the plaintiffs in May and ordered the state to halt the program before it launched. In September, a three-judge panel of the Tennessee Court of Appeals unanimously upheld Martin’s ruling, which was based on so-called “home rule.” The Tennessee Constitution prohibits the legislature from singling out individual counties unless approved by two-thirds of the members of those counties’ legislative bodies, or a majority of voters.

In its filing on Tuesday, the state argues that the law applies to two communities because only students in Shelby County Schools and Metropolitan Nashville Public Schools meet the eligibility requirements. If the program proves successful, the intent is to expand elsewhere in the state, the document says.

The program was “designed to initiate the ESA concept on a trial basis on a small scale in school districts that clearly have a track record of failing to provide tens of thousands of students with a quality education, and they are deserving of special attention from the pilot program,” the application says.

The latest appeal marks the second time the state has taken the matter to the Tennessee Supreme Court. In June, the high court declined to wade into the legal battle as the state sought to proceed with the voucher program pending the outcome of its petition to the state appeals court.

Depending on what the high court rules, the governor said recently that he hopes to include funding for the program when his administration unveils a 2021-22 state budget proposal in February.

“We’re hopeful that the ESA program will move forward as it was passed in the legislature, and there will be funding set aside for that program should it be approved in the courts,” he told reporters earlier this month.

Below is the state’s application to appeal.

Betsy DeVos is on her way out. What will her legacy be?

2020-11-10T00:32:46+00:00

In 2017, it took Vice President Mike Pence’s tiebreaking vote to make billionaire philanthropist and school-choice activist Betsy DeVos the country’s education secretary.

Days earlier, she had struggled to answer basic education policy questions during her confirmation hearing. Her confusion, the evocative details — in response to one question, she said schools may need guns to protect against grizzly bears — and a surge in protest and civic activism against President Trump turned DeVos into a household name.

She has held onto that symbolic power. To many educators, her name remains a shorthand for feelings of frustration and disrespect. Her face became a staple of Democrats’ political ads nationwide, even though education policy was rarely central to the races. And when it became clear that Joe Biden would win the presidential election, the responses from many teachers came quickly: bye, Betsy.

“We used that energy and that activism, [all] the additional people that joined us, to help us fight for four years,” the head of the nation’s largest teachers union, Becky Pringle, said in a recent interview.

That power to polarize may be the most lasting piece of DeVos’ legacy.

DeVos has made an impact at the helm of the education department. She axed Obama-era guidelines for schools that provided protections for transgender students, among other changes, arguing for a more limited role for the federal government; oversaw a sweeping re-write of the procedures for handling sexual harassment in K-12 schools; and limited the scope of civil rights investigations, the consequences of which might take years to fully see.

But DeVos did not succeed at encouraging substantial numbers of students to opt out of public schools with new private school voucher programs — her central policy goal.

She did not substantially shrink the federal education budget.

She did not end the Common Core standards, as she has sometimes claimed.

And she also didn’t succeed at pressuring schools to reopen their doors at the start of this school year, when concerns about the pandemic had prompted many districts to continue virtual learning.

What DeVos has done, though, is nudge education further into red camps and blue camps. She energized an army of teachers and empowered their unions. She made it more difficult for Democrats to back charter schools, helping unravel a school reform consensus that embraced school choice and testing.

That divergence is likely to shape the education conversation for years to come, and influence President-elect Biden’s choice for education secretary, too.

Many of DeVos’ notable moves involved undoing Obama-era policies

In her first year as education secretary, DeVos’ education department revoked guidance that spelled out how schools should protect transgender students, which included providing them access to facilities corresponding to their gender identity. DeVos reportedly opposed the change at first, but eventually went along with it, saying the issues were best left to states and local school districts.

Eliza Byard, the executive director of GLSEN, which advocates on behalf of LGBTQ students, said the effects were “chilling and immediate.” Several GLSEN chapters reported cases of transgender students losing access to bathrooms they’d been able to use before, Byard noted. Transgender students who filed civil rights complaints with the department after being denied bathroom access had their cases thrown out.

It was one of several times DeVos revoked guidance related to students’ civil rights, saying the federal government had overstepped.

In 2018, DeVos rolled back the Obama administration’s guidance around school discipline, as well as guidance for school districts that wanted to use race in admissions and enrollment decisions to integrate their schools. It’s unclear how many school districts changed their policies in response.

DeVos’ education department also quickly closed many of the civil rights investigations it inherited from the Obama administration, then limited the length and scope of the investigations it did conduct.

“Most of her action, and most of the action of her department, has been in trying to reduce the effect of the Department of Education,” said Max Eden, a senior fellow at the Manhattan Institute, a conservative think tank. But, he noted, “The legacy of an administration that’s largely devoted to undoing a legacy can be undone very quickly itself.”

President-elect Biden has pledged to reinstate all of that guidance and to reinvigorate the civil rights office. But at least one change DeVos made will stick, at least for a while: new rules that dictate how K-12 schools address allegations of sexual harassment and assault, which went into effect this summer and would require an extensive regulatory process to undo.

DeVos also blocked some efforts to desegregate schools, ending a program that would have given school districts $12 million for school integration efforts. Without the federal money, many districts abandoned their ideas.

And she took a hands-off approach to the Every Student Succeeds Act, the nation’s newly re-authorized K-12 education law, again drawing opposition from civil rights groups. DeVos’ office generally approved states’ plans for improving their lowest-performing schools with few major changes.

“Ultimately the secretary — and this was her approach to many things — felt if Congress left something flexible, she wanted to give states that flexibility,” said Jason Botel, a former department official involved in approving the plans.

DeVos failed to notch legislative wins, limiting her influence

But DeVos did not come to the role of education secretary hoping only to undo. The focus of her career in education has been creating alternatives to traditional public schools, particularly through vouchers that help low-income families pay for private school with public funds.

“I would hope I could convince you all of the merit of that in maybe some future legislation,” she told senators during her confirmation hearing.

DeVos has had virtually no success on this front since. She has toured the country promoting a bill that would use federal tax credits to help states offer private school tuition stipends, but it’s gone nowhere in Congress. Opposition has come from public school groups as well as from conservatives worried about additional federal involvement.

In a statement, a spokesperson for DeVos pointed to the introduction of the bill as her most significant achievement, calling the Education Freedom Scholarships proposal “the most transformative K-12 policy in our nation’s history.”

DeVos has also backed a federal bill, in the wake of COVID, that would send money to state programs that help families afford private school tuition. But Congress has failed to reach a deal on another stimulus package where such funding could be included.

Still, advocates for private schools say she has been an important ally and has drawn new attention to programs that help low-income students attend private school.

“She actually knows we’re here and pays attention to us,” said Sister Dale McDonald, who directs policy and research for the National Catholic Educational Association. “Not that we get what we want all the time, but they’re willing to listen to us and engage with us.”

DeVos also has failed in another legislative domain: cutting federal education spending. She has often argued that more funding doesn’t lead to better outcomes for students, and the Trump administration proposed cuts all four years. (In 2019, the unsuccessful cost-cutting effort famously ensnared the Special Olympics, though DeVos said she had fought privately to continue funding the program.)

But the Trump administration’s education budget proposals, like its school choice proposals, were repeatedly rejected by Congress.

The pandemic spotlighted DeVos’ inconsistent use of federal power

DeVos’ tenure saw one of the biggest upheavals of schooling in American history. The coronavirus pandemic forced schools to suddenly close their doors and figure out how to continue educating their students; months later, they had to figure out whether they could safely reopen buildings while dealing with spikes in cases. Millions of students are still learning from home, without the social, academic, and emotional benefits of in-person schooling.

DeVos’ response to the crisis has showcased her on-again, off-again relationship with federal power.

In the spring, DeVos declined to waive key parts of the nation’s special education law — using her authority to affirm that schools needed to meet students’ needs to the greatest extent possible, in a surprise to some civil rights advocates. She later did the same for English learners, though some critics said that guidance should have come sooner. She also waived the requirement that states give annual tests.

The secretary’s pandemic response, a spokesperson said, will be remembered as “quick and decisive.”

Most notably, she joined President Trump’s aggressive push to get schools to reopen their doors, making the case during a White House event, while visiting schools across the country, and on cable news.

“There is no excuse for schools not to reopen again,” she said on Fox News in July. The President’s call to cut off federal funding to schools that didn’t, she said, was “something to be looked at.”

Those comments were in tension with her view that education decisions should be left to local officials, and her years of advocating for nontraditional and virtual schooling.

Regardless, Trump and DeVos’ campaign was not very effective: many of the country’s schools started entirely remotely, and many students continue to learn online. But their use of the bully pulpit may have contributed to reopening decisions splitting along party lines and made already fraught decisions even more complicated.

“When you have the president, ill informed, saying you must open schools to get funding … it was an injection of partisan messaging that ratcheted up pressures at a local level,” said Noelle Ellerson Ng, associate executive director of AASA, the national school superintendents association.

The pandemic also gave DeVos an opportunity to aid private schools, an agenda she frankly acknowledged at one point.

President Donald Trump speaks as Secretary of Education Betsy DeVos looks on during a briefing on the coronavirus pandemic in the press briefing room of the White House on March 27, 2020 in Washington, DC.

In her clearest effort to do so, her department interpreted the CARES Act in a way that would have effectively shifted hundreds of millions of dollars from public schools to private schools. Three federal judges ultimately ruled that her approach violated the clear dictates of the law, and DeVos eventually dropped the legal fight.

But while the pandemic showcased DeVos’ willingness to leverage federal authority — even if unsuccessfully — it also underscored areas where she’s been hesitant to take the lead.

Amid growing calls for systematic efforts to track school reopenings and the spread of COVID, DeVos has declined to get involved. “I’m not sure there’s a role at the department to collect and compile that research,” she said last month.

Some school officials have also pushed for more concrete, reliable guidance from the department. Over the summer, principals and superintendents said they had little to go on as they tried to make decisions about the safest ways to reopen, particularly once reports surfaced that Trump officials were attempting to influence the CDC’s recommendations for schools.

More broadly, DeVos largely sidestepped the role of a unifying leader during a crisis. Two former education secretaries, Arne Duncan and Margaret Spellings, teamed up this summer to fill what they said was a void in federal education leadership.

“People are starving for, hungry for, guidance, for support, for help, for expertise, especially [around] something that is a national event,” Spellings, who served under President George W. Bush, told Axios in June.

DeVos’ persona may have a longer-lasting impact than her policies

Though DeVos didn’t succeed in expanding private school vouchers or cutting funding for public schools, the controversy around her hasn’t abated.

Polls have found her among the best known but least popular of Trump’s cabinet members. Democrats running for president promised on the campaign trail to “fire” her, and several running for Congress attacked their opponents for supporting DeVos’ agenda. She also occasionally came up during local school board elections, particularly when charter schools were at issue.

She became a useful foil for teachers unions, who positioned themselves in opposition to DeVos and her policies. Randi Weingarten, the head of the American Federation of Teachers, says pushing back against DeVos, as well as a Supreme Court decision that limited unions’ abilities to collect dues, made the AFT better organized and more effective at reaching members.

“The fact that she fought against resources for schools, wanted to starve public schools, made people realize the importance of the Fund Our Future and the Red for Ed movements,” Weingarten said. “So yes, that will be part of her legacy, too, but I don’t take any glee in her contemptuousness unifying us more.”

DeVos seemed to welcome the opposition, regularly castigating school districts, teachers unions, and prior presidential administrations. She was even willing to pick a fight with the national charter-school lobby during an effort to cut funding to the federal Charter School Program.

For some charter advocates, her tenure has proved doubly frustrating: few policy wins but major political baggage. “The movement itself will be stigmatized for quite some time because of her,” said Steve Zimmerman, who runs a charter school in New York City and started a coalition of independent charter schools.

Already, before DeVos took over the education department, an era of widespread bipartisan agreement about the best way to fix schools — a combination of policies like standardized testing for accountability, charter schools, and the Common Core standards — was ending.

DeVos seems to have accelerated that shift. Some polling shows that Democrats have become increasingly skeptical of charter schools, with the issue more and more polarized by party identification.

“I suspect that because of the politics around the Trump administration, and around her, that the case for school choice in the states as it moves forward in the next few years will have a more emphatically Republican-populist orientation than it’s had before,” said Eden of the Manhattan Institute.

Some lay the blame at the feet of President Trump and his sometimes racist rhetoric, which made it difficult for anyone associated with him to claim to champion students of color and placed Democrats supporting school choice in an uncomfortable position.

“The context in which the school choice conversation was brought up in his administration was one that was very fraught. It institigated some very strong knee-jerk reactions — understandably,” said Botel, the former education official, who endorsed Biden for president.

Still, Black and Hispanic Democrats remain relatively supportive of charters, and overall support for private school vouchers has increased in recent years. To DeVos, that’s evidence that she’s pushing for what families want, despite the resistance.

“There’s a mighty chorus, rising in volume and urgency, supporting parental ‘school choice,’” she said during a recent speech.

Regardless, a Biden administration is set to pivot fully from DeVos and also diverge from President Obama on key issues. While DeVos has emphasized alternatives to neighborhood public schools, Biden has committed to support them with more federal money. He’s also promised a different approach to helping schools navigate the pandemic: instead of simply pushing them to reopen, he’ll focus on providing needed resources and clearer guidance.

And Biden’s pledge to hire an education secretary who has experience as a public school teacher is a direct repudiation of DeVos.

“I can’t wait for the departure of Donald Trump and the chance to replace Betsy DeVos and the opportunity for us to make a whole lot of progress together,” Biden told NEA members in July. “This is going to be a teacher-oriented department of education.”

Sarah Darville contributed reporting.

Former Rep. Bill Dunn, a passionate voucher advocate, hired by Tennessee governor as education adviser

2020-11-11T20:04:03+00:00

Former Rep. Bill Dunn, who helped steer Gov. Bill Lee’s controversial school voucher plan through the legislature, is joining Lee’s administration as a special adviser on education, just days after his term ended.

The Knoxville Republican began working Monday in the state education department as a senior adviser to Commissioner Penny Schwinn.

A news release from the governor said Dunn will focus on “key priority areas and engagement strategies” but gave no details. A department spokeswoman said his annual salary is $98,000.

In an interview, Dunn said one of his first assignments will be working with his former colleagues in the legislature to pass a comprehensive early literacy plan. “That’s one of the issues that got cut short last session during COVID, and this gives me an opportunity to complete unfinished business,” he told Chalkbeat.

His hiring puts a well-respected leader who is knowledgeable about both education and the legislature in the state education department during a time when its commissioner is under fire from many lawmakers and school superintendents.

Dunn was the longest-serving GOP member of the House of Representatives and announced last year that he would not seek reelection after 26 years in office. Most recently serving as the No. 2 leader in the House of Representatives, he ended his last term on Election Day.

“Bill is a man of impeccable integrity, and his counsel will be critical to our success as we navigate one of the most challenging school years in our state’s history,” Lee said in a statement.

In a separate statement, Schwinn said she was excited to have Dunn on her team.

“As a statesman, he dedicated his life to serving Tennesseans and has been respected across the state and across the aisle for his work,” she said.

This year, numerous lawmakers have criticized Schwinn for rolling out initiatives and taking administrative shortcuts without ample legislative input, review, or approval. Last month, the chairs of the House and Senate education committees called for an investigation into the department’s management of millions of dollars earmarked for coronavirus relief, as well as the state’s school voucher program for students with disabilities.

Dunn has been a steady member of the House Education Committee and an outspoken advocate for giving parents more education options for their children.

In 2019, he carried the governor’s education savings account plan to give eligible families in Memphis and Nashville taxpayer money to help send their children to private schools. It passed out of the House of Representatives by just two votes — the first time a major voucher bill had advanced out of that chamber. The voucher law has since been struck down by the courts, and Lee’s administration is considering appealing to the Tennessee Supreme Court.

“It is an honor to be able to continue serving Tennesseans in a statewide role and help build upon the great work being done by the Tennessee Department of Education under the leadership of Commissioner Penny Schwinn,” Dunn said in a statement.

Speaking with Chalkbeat, Dunn called the job a “unique opportunity” that he had not sought — but agreed to when the governor asked. His role, he said, will be to foster communication between the department and the legislature as Tennessee works to support students and improve education.

“What happened in the past is past,” he said of friction between Schwinn and some legislators. “We’ve had an election and some new members are coming aboard. Hopefully everyone will say, ‘Kids come first, and let’s get to work.’”

Editor’s note: This story has been updated to include Dunn’s salary.

Except for ousting one fierce voucher advocate, Tennessee voters stick with their legislature

2020-11-04T23:40:04+00:00

While nobody expected a sea change in Tennessee’s GOP-dominated legislature, this year’s election mostly disappointed Democrats’ hopes of increasing their influence on big issues like education.

Republicans will comfortably keep control of the House and Senate as lawmakers are expected to revisit teacher pay, literacy, and other education matters that were abruptly paused when the coronavirus pandemic hit this spring. In recent years, Democrats have called for significant funding increases for K-12 education.

Campaign issues that Democrats hoped to capitalize on — like reopening schools safely and a controversial school voucher law that’s been overturned in court — didn’t seem to have much sway with voters consumed with the presidential race.

“I think Trump vs. Biden sucked all of the air out of Election Day,” Sen. Raumesh Akbari, a Memphis Democrat who wasn’t up for reelection, said on Wednesday. “It just overshadowed a lot of the issues that normally would be in play.”

GOP leaders had a different take on why Tennessee voters will return them to the Capitol with supermajority advantages of 72-23 in the House and 27-6 in the Senate.

“They like what the Republican Party has accomplished for our state and they overwhelmingly want to keep going in that direction,” said Rep. Jeremy Faison, chairman of the House Republican caucus.

One bright spot for Democrats was Torrey Harris, a Memphis human resources professional who trounced Rep. John DeBerry, an ardent voucher supporter who has served in the legislature since 1994 and ran this year as an independent.

From left: Democrat Torrey Harris defeated incumbent Rep. John DeBerry for a legislative seat that represents Memphis.

DeBerry was a Democrat in 2019 when he was the only member of his party who voted for Gov. Bill Lee’s education savings account plan that barely passed out of the House. Soon after, he received a “champion of choice” award from the pro-voucher Tennessee Federation for Children for his support of policies that give taxpayer money to parents wanting to send their children to private schools. But in April, Democrats ousted him from their state party for consistently siding with the GOP on issues like vouchers and abortion.

Harris, who won this year’s Democratic primary, portrayed DeBerry as out of touch with his constituents and pledged to advocate for public education, not privatization of education services. He was aided by a $17,000 donation from the state’s largest teachers organization, the Tennessee Education Association. DeBerry, a minister who said parents need more education choices for their children, got a $10,000 contribution from the Tennessee Federation for Children.

The upended voucher law was a touchy election-year subject and contributed to losses by several East Tennessee lawmakers in their GOP primary races.

But in the general election, except for DeBerry, the issue didn’t derail other high-profile incumbents who helped pass the bill.

Rep. Mark White, a Memphis Republican who voted for vouchers and presided over debate as chairman of the House Education Committee, defeated Democrat Jerri Green, an attorney and political newcomer who opposed the policy.

Rep. Mark White celebrates his election victory Tuesday with his wife, Kathy.

White said Wednesday the election took on much broader implications, especially as students, families, and teachers deal with the strain of learning and teaching during a public health emergency.

“That’s what’s on the minds of a lot of voters,” said White, who expects to continue chairing his chamber’s education committee. “But I think they also looked at the hard work I’ve done for the past 11 years in the legislature and were willing to hang with me, whether it’s because of education or economic development.”

His challenger, Green, was seeking to become the only mother of school-age children serving in the legislature

“Public education was the thing I heard most about from voters, and I hope Chairman White heard their voices loud and clear,” said the former public defender and mom to three children.

In Middle Tennessee, former House Speaker Glen Casada got more than 60% of the vote against two opponents in Williamson County, even though he strong-armed the voucher bill through the House and later resigned from his leadership post over a scandal involving racist and sexist texts.

In East Tennessee, Knoxville Republican Rep. Jason Zachary, who changed his voucher vote to break a tie and advance the bill out of the House for the first time ever, defeated Democrat Justin Davis.

Also retaining their seats were several freshmen GOP lawmakers who supported the governor’s education savings account plan — Charlie Baum of Murfreesboro, Jerome Moon of Maryville, and Chris Hurt of Halls — in defiance of their local school boards who opposed it.

“These guys really stuck their necks out on that vote, and plenty of people thought there would be ramifications on Election Day. That just didn’t happen,” said Shaka Mitchell, who leads the Tennessee Federation for Children.

His pro-voucher group contributed about $300,000 to legislative candidates across the state.

Among them were Republicans John Gillespie in suburban Shelby County and Eddie Mannis in Knoxville.

Gillespie narrowly defeated Democrat Gabby Salinas for the seat vacated by Rep. Jim Coley, a Bartlett Republican and retired school teacher who opposed vouchers.

Mannis, an unsuccessful candidate for Knoxville mayor last year, defeated Democratic attorney Virginia Couch and will succeed retiring Rep. Martin Daniel, a Republican who chaired the joint Government Operations Committee.

Also of note from Tuesday’s races: Retiring Senate Education Committee Chairman Dolores Gresham will be succeeded by fellow Republican Page Walley, a psychologist who is former commissioner of the Tennessee Department of Children’s Services and also served five terms in the House. Walley will represent eight mostly rural counties in southwest Tennessee.

Legislative leaders want Tennessee education department investigated over CARES spending, voucher management

2020-11-02T23:07:04+00:00

Two legislative leaders are calling for an investigation into the Tennessee Department of Education’s management of millions of dollars earmarked for coronavirus relief, as well as the state’s school voucher program for students with disabilities.

Sen. Dolores Gresham and Rep. Mark White, who chair the legislature’s two main education committees, want the state’s chief internal investigator to look into “questions and concerns” raised about both CARES funding and the 4-year-old voucher program known as Individualized Education Accounts.

Neither lawmaker provided details but, in an Oct. 23 letter to Comptroller Justin P. Wilson, said the concerns “come from every level of education across the state.”

“In light of these outcries,” they wrote, “we respectfully request that your office conduct an investigation into the management of these two areas to determine if they are being administered in accordance with both state and federal law.”

A spokeswoman said the department will cooperate fully in any investigation.

The request comes as the department oversees a massive infusion of federal cash to respond to the pandemic while its own ranks have thinned due to significant turnover and restructuring under Commissioner Penny Schwinn. The education chief also has been rebuked by lawmakers for rolling out initiatives and taking administrative shortcuts without ample legislative input, review, or approval.

This summer, Tennessee was awarded almost $260 million in one-time education funding as part of the federal Coronavirus Aid, Relief, and Economic Security Act. The department is managing $26 million, with the rest going to the state’s 147 school systems to help pay for pandemic-related needs such as school building sanitation, new technology for remote learning, and support for students with special needs.

Of the $26 million stewarded by her department, Schwinn announced in May that half would be invested in technology, including grants to help districts provide students with new devices, plus $4 million for online instructional resources. The rest was to help some school systems grow innovative strategies to benefit students, recruit and equip new teachers, provide mental health and community resources, and train school leaders.

“We are confident in the allocation of CARES funding to school districts and the administration of the state set-aside, all of which has been presented to various levels of legislative leadership,” said spokeswoman Victoria Robinson on behalf of the department.

Under Schwinn’s leadership, the state’s nearly 4-year-old voucher program for students with disabilities has been rife with complaints from numerous parents and some district leaders.

Known as Individualized Education Accounts, or IEAs, the voucher-like program is designed to assist families who say public education isn’t working for their children. It provides taxpayer funding toward private school tuition, tutoring, and other education services for students with disabilities such as autism, hearing and sight impairments, and traumatic brain injury.

But last fall, many participants reported receiving their state disbursements late and complained that the program office was ignoring their calls and emails. The complaints came following a complete staff turnover in the office, part of a larger exodus of employees under Schwinn during her nearly two years on the job.

This summer, the department’s ability to manage the voucher program effectively was called into question again over enrollment violations as the number of participants doubled to 325.

The enrollment jump wasn’t surprising given that the coronavirus disrupted schooling worldwide, especially services for students with disabilities that are difficult to provide in a remote or virtual setting. But the increase was noticeable since the program has been small since launching in January 2017 with 36 families. Last school year, it served 165 students.

Robinson said this year’s enrollment was trimmed from 325 to 289 as some “account holders were removed because of inappropriate eligibility, moving out of state, re-enrolling in public school, or misuse of funds.”

It marked the first time that any enrollees have been found to be ineligible. In previous years, the IEA office rejected ineligible students as part of the application process — and before enrolling them.

In August, department officials dismissed two people who helped oversee the program, including Robert Lundin, the assistant commissioner whom Schwinn recruited from Texas to join her leadership team.

Asked about the enrollment issues, Robinson said: “While the IEA Program has had a history of challenges, an internal review by the department earlier this year has created process and codification improvements and we have seen a greater uptick in participation in the program.”

Sen. Dolores Gresham, a Republican from Somerville, is retiring chairwoman of the Senate Education Committee.

White, a Republican from Memphis, said he has not studied concerns that have been raised but agreed that the comptroller should look into them.

Gresham, a retiring legislator who sponsored the 2015 law that created the IEA program, said it’s especially important for the state to oversee with integrity any initiative that’s designed to help its most vulnerable students.

“We just want this to work the way it is supposed to work,” she said.

The comptroller is part of Tennessee’s legislative branch and serves essentially as the state’s independent “money cop.” When a legislator asks for an investigation, the office reviews the request and decides if a probe is merited.

As voters focus on the national election, school vouchers are an issue to watch in Tennessee legislative races

2020-10-13T22:03:15+00:00

For legislative candidate Jerri Green, Tennessee’s controversial school voucher law represents everything that’s wrong with lawmakers who passed the measure using tactics leading to the law being overturned this year in court.

“The voucher law was emblematic of the dark money and backroom deals that we need to put an end to,” said Green, a Memphis Democrat, about campaign contributions from pro-voucher groups, as well as House leaders who limited the bill’s application to Memphis and Nashville in exchange for votes from lawmakers elsewhere in the state.

“As a lawyer, it irritates me to no end to see our legislature pass laws that are unconstitutional on their face,” Green added.

In one of the legislature’s most high-profile races, Green is considered a serious challenger to Republican Rep. Mark White, who as chairman of the House Education Committee controls much of the flow of legislation related to K-12 education.

They are polar opposites on the issue of vouchers, which let eligible families use taxpayer money to pay for private schools for their children’s education.

Green says the policy takes both students and funding away from already underfunded public schools. White supported Gov. Bill Lee’s voucher plan for giving families more educational choices.

“I think COVID has really put a spotlight on the need for more parental choice when it comes to education,” White said.

Their race is among dozens in which challengers to incumbents in Tennessee’s GOP-controlled legislature are bringing up the 2019 voucher law. In September, a state appeals court affirmed a lower court’s ruling that overturned the law because it targeted two counties without giving them a say.

While at least 40 school boards approved resolutions against any state policies that shift public funding from public to private schools, the House passed the voucher bill 50-48 after then-Speaker Glen Casada held the voting board open for 38 minutes to convince Rep. Jason Zachary of Knoxville to flip for vouchers and break a tie. During the fierce legislative battle, Zachary was the last of several key GOP lawmakers who, one by one, changed their votes to support the bill in exchange for assurances that their counties would be shielded from its application.

“It was an ugly vote, and vouchers certainly haven’t gone away as an issue,” said Marcus Pohlmann, a political science professor at Rhodes College who follows K-12 education issues affecting Memphis and Shelby County. “Some of these legislators are so well-entrenched they can get away with it during an election year. But if they’re in a close race, it could be significant.”

The White-Green race is an example.

Rep. Mark White is a five-term incumbent and chairman of the House Education Committee.

White holds an education degree from the University of Memphis and was a science teacher and principal in the 1970s at Harding Academy, a private high school in Memphis, before starting an event business.

In the legislature, he has served on the education panel for seven years and chaired it the last two. On public education, he points to his record of support for policies that coincided with steady academic gains statewide and significant investments in schools, including $370 million in increases for teacher compensation since 2016.

“We’ve been putting more and more money into public education — not taking it away,” he said. “In the last five years, we’ve invested 1.5 billion new dollars.”

A former public defender, Green is a lifelong Memphian who attended public schools and now works as director of community outreach for the Community Legal Center, a nonprofit organization that provides legal services to people with limited means. A mom to three school-age children, she bills herself as “one tough mother.”

Jerri Green poses outside of a voting booth last spring with her youngest child, Wilder James.

Education is a centerpiece of Green’s campaign, including more funding to support public schools, raise teacher salaries, and increase access to technology.

“Right now, there are no mothers of school-age children in our state legislature, and it’s kind of devastating for us not to have a voice on education when COVID is affecting all students,” she said. “Some people feel like child care and paid parental care are mom issues. As it turns out, they affect our whole economy.”

For this year’s elections, the presidential race between Donald Trump and former Vice President Joe Biden will be the main draw and likely will affect voting down the ticket, said Kent Syler, a political analyst and professor at Middle Tennessee State University.

“There was once a saying that all politics is local. Well now, it’s all national,” said Syler. “Washington sucks all of the air out of the room, and there’s just not a lot of attention paid to state and local races. It’s unfortunate because those are very important to people’s lives.”

Even so, many voters are aware of Tennessee’s messy voucher vote, which Syler sees as a “losing issue” for most of the law’s supporters.

“There’s a reason they only imposed it on Davidson and Shelby counties, because they obviously didn’t feel good about it for their own counties,” Syler said. “It’s hard to understand politically why the governor and legislature spent so much time and political capital on something that produced so little and remains in limbo.”

The voucher fight was cited by some voters in East Tennessee who ousted two well-known Republican lawmakers in primary races in August. Reps. Matthew Hill and Micah Van Huss, both of Jonesborough, had taken stands against voucher legislation in previous years but flipped in 2019 to support the new governor’s education savings account proposal.

For the general election, the voucher vote is being raised in several other key races.

Rep. John DeBerry is running as an independent to try to retain his seat in Memphis after being ousted by the Democratic Party for voting with the GOP on key bills, including the voucher law. He faces Democrat Torrey Harris, the human resources director for Shelby County government, who lost to DeBerry in the Democratic primary in 2018.

In Middle Tennessee, Democrat Elizabeth Madeira and Brad Fiscus, an independent who serves on the Williamson County school board, are challenging Casada. As House speaker, Casada strong-armed the voucher bill through his chamber. Several months later, he resigned from his leadership post after a scandal involving racist and sexist texts engulfed him and his staff.

In East Tennessee, Democrat Virginia Couch is running against Republican Eddie Mannis to replace Republican Martin Daniel, who is retiring. Daniel has been chairman of the powerful joint legislative committee that oversees government operations, including the voucher program that never got off the ground.

Since 2013, Tennessee has been under a Republican supermajority. In addition to the governor’s office, the GOP controls the House 73-23 and the Senate 28-5. This election year, all 99 House seats are in play, while 16 of 33 Senate seats are up for election. Not all of the incumbents have challengers.

Tennessee appeals court agrees that school voucher law is unconstitutional

2020-09-30T00:41:40+00:00

A Tennessee appeals court on Tuesday upheld a Nashville judge’s ruling that a school voucher law pushed by Gov. Bill Lee is unconstitutional.

In a unanimous decision, the state Court of Appeals declined to reverse a lower court’s ruling from May that kept the controversial program from launching this fall.

The decision from the three-judge panel is the latest in a series of legal blows to the upended voucher law, which the GOP-controlled legislature barely passed in 2019 after a decade of legislative defeats.

The state is expected to appeal the case now to the Tennessee Supreme Court.

“We are reviewing the ruling and will be consulting our clients regarding further steps, including appealing the ruling,” said Samantha Fisher, spokeswoman for Attorney General Herbert Slatery III.

The governor’s press secretary, Gillum Ferguson, called the ruling “disappointing.”

“We will appeal it so families have options for their children,” he said.

At issue is whether the state can start providing taxpayer money to eligible students in Memphis and Nashville to pay for private school tuition and other private education services.

The appeals court heard arguments on Aug. 5 as the state and several pro-voucher groups challenged Davidson County Chancellor Anne C. Martin’s ruling that overturned the new law.

Like Martin, the appeals panel said the legislature violated the so-called home rule amendment to the state constitution when it passed an education savings account law that affects only students in Nashville and Memphis. Local governments in those two cities, which have consistently opposed vouchers, filed a joint lawsuit in February to challenge the law.

“This is an important victory for local government in Tennessee,” said Bob Cooper, law director for Metro Nashville and lead attorney for the plaintiffs. “It reaffirms that the State cannot impose burdens on a select few counties or cities without their permission.”

The ruling was praised late Tuesday during a meeting of the Shelby County Schools Board of Education, which had passed numerous resolutions against voucher proposals.

“This is excellent news as we continue to champion public education and equitable funding,” Superintendent Joris Ray told board members.

Leaders of several pro-voucher groups that intervened in the case said they expect a different outcome when the case goes to the Tennessee Supreme Court.

“We are confident the Supreme Court will find that the state’s careful attempt to throw a lifeline to parents stuck in the worst performing schools is in fact constitutional,” said Justin Owen, CEO of the Beacon Center of Tennessee.

Tennessee governor lists school vouchers among his biggest accomplishments — and disappointments

2020-08-20T21:15:00+00:00

Gov. Bill Lee says passage of a school voucher law in Tennessee is among his administration’s top accomplishments, while court rulings that blocked the program’s launch this year is among his biggest disappointments.

Lee also expects the program’s rollout, which was halted when a Nashville judge overturned the 2019 law in May, will be resurrected in 2021. The Tennessee Court of Appeals is expected to rule this fall on the state’s appeal.

“I think that’s going to be temporary, but I expect that will go forward,” he said several court rulings that blocked the state from a fall kickoff.

During an online talk show broadcast Thursday by the pro-voucher Beacon Center of Tennessee, Lee talked about his highs and lows since taking office in January of 2019. The overturned education savings account law, which would allow eligible families in Memphis and Nashville to use taxpayer funding to pay for private school tuition, was near the top of both lists.

“Education savings accounts, parent choice, especially for minority kids and low-income kids, [are] very deeply important to me,” said Lee, who also cited expansion of vocational education and abortion restrictions as accomplishments.

Regardless of the outcome of the appeal, the voucher case likely will end up at the Tennessee Supreme Court. Metropolitan Nashville and Shelby County jointly challenged the law because it applies only to their communities without giving their local governments or voters a say.

The Beacon Center, a conservative public policy group, is among three pro-voucher organizations that have joined the state’s voucher appeal.

During the center’s 37-minute podcast, the Republican governor also spoke about school reopenings during the coronavirus pandemic, as well as ongoing racial justice protests and demonstrations that erupted following the May 25 killing of George Floyd, a Black man who died under the knee of a white police officer in Minneapolis.

Lee has urged school districts to reopen school buildings. He has said he plans to sign legislation passed last week by Tennessee lawmakers to increase penalties for certain protest-related offenses and impose mandatory minimum sentences in some cases.

Tennessee’s overturned school voucher law goes before appeals court on Wednesday

2020-08-05T01:14:41+00:00

Tennessee is set to defend its overturned school voucher law Wednesday before a state appeals court. The arguments aren’t expected to change much from previous hearings in the case, but the context sure has.

Amid the ongoing pandemic, the issue of school choice is in the national spotlight, as many families make wrenching decisions about when, how, and whether to send their children to school this fall. But local rule — not the merits or pitfalls of school choice — is at the crux of the case before the Tennessee Court of Appeals.

In May, Davidson County Chancellor Anne C. Martin struck down the state’s 2019 voucher law because it applies only to Memphis and Nashville without giving their local governments or voters a say. The vouchers, called education savings accounts, would give taxpayer funding to eligible families in those cities to pay for private school tuition.

Attorneys representing local governments in Metropolitan Nashville and Shelby County, whose joint lawsuit led to the ruling, are expected to keep the focus of their arguments Wednesday on the “home rule” provision of the state constitution. The provision is designed to protect local governance.

The state attorney general and several pro-voucher groups are asking the three-judge panel to reverse Martin’s ruling. They have argued that education policy is the state’s responsibility and that local constitutional protections don’t apply in this case.

A decision is expected this fall and, regardless of the outcome, will likely be appealed to the Tennessee Supreme Court.

Gov. Bill Lee, who pressed for education savings accounts, has said he expects the law to be resurrected on appeal, allowing his administration to launch the program in the fall of 2021.

The court battle kept the state from rolling out education savings accounts this fall. In her ruling, Martin also blocked the program’s implementation, and two higher courts declined to step in while the case was under appeal.

While the case centers on constitutional law, the sudden changes in American schooling caused by the coronavirus make for an interesting backdrop to this week’s hearing. And those changes are certain to affect how education policy is shaped for the future.

Shaka Mitchell, Tennessee director of the pro-voucher American Federation for Children, believes the quality of teaching and learning this year will serve as a referendum for every school, public or private.

“Last spring, parents were willing to extend a lot of grace to teachers and school leaders. But they’ve had their kids home now for almost half a year, so they’re not going to tolerate education plans that are inadequate and sloppy,” Mitchell said.

Others are watching how the economic fallout from the pandemic could affect public school funding, especially as the school choice movement has gained steam under the Trump administration.

“The larger the school choice program, the greater the possible stress on public schooling. This should be of special concern in a pandemic when we know there’s a very good chance that public school funding will be reduced,” said Preston Green, a professor of educational leadership and law at the University of Connecticut.

The state’s case for vouchers is joined by three pro-voucher groups: the Beacon Center of Tennessee, the Institute for Justice in Virginia, and the Chicago-based Liberty Justice Center.

The court will not hear from plaintiffs from a second voucher lawsuit against the state. Last month, the appeals panel denied a motion to intervene in the case by the Education Law Center, the Southern Poverty Law Center, and the American Civil Liberties Union of Tennessee.

Supreme Court hands victory to voucher advocates, including DeVos, in Montana case

2020-06-30T14:56:51+00:00

The Supreme Court handed a victory to supporters of private school choice Tuesday, ruling that states can’t bar religious schools from receiving public support available to non-religious private schools.

The Court concluded that Montana’s disqualification of religious schools from its tax credit voucher program violated parents’ right to religious freedom.

“A State need not subsidize private education,” wrote Chief Justice John Roberts for a five-judge majority in the case, Espinoza v. Montana Department of Revenue. “But once a State decides to do so, it cannot disqualify some private schools solely because they are religious.”

The logic of the court’s decision would seem to effectively gut “no-aid” amendments to state constitutions, which prohibit public dollars from going to religious schools. That could make it simpler to pass new voucher programs and defend them against legal challenges.

The decision is a win for school choice supporters, who have had to work around those rules in state constitutions, and a blow to teachers unions and public school advocates, who have worried about the consequences of sending more public money to religious schools.

Still, it’s unclear whether the decision will have far-reaching implications. Small voucher programs in Maine and Vermont that do bar religious schools are likely to have to change their rules. And laws that prohibit churches from operating secular charter schools might also be under threat.

But it’s also true that no-aid amendments have not been an effective roadblock to voucher programs in much of the country. Eighteen states with no-aid amendments already have voucher programs, which help certain students pay private school tuition with public dollars or generous tax credits. The vast majority of those programs are already open to religious schools, meaning the latest decision is unlikely to affect them.

And even if the decision means that no-aid amendments get scrapped as unconstitutional, that doesn’t mean that states without voucher programs will have to create them.

The Espinoza case centered on a tiny program in Montana designed to support private schools. Under the law, taxpayers could redirect a share of their tax bill to a private organization that offered modest scholarships to pay for private school tuition.

The vast majority of these vouchers went to religious schools, but that seemed to conflict with the state’s constitution, which bars direct or indirect public support of religious schools. That led the Montana Supreme Court to strike down the program altogether. Kendra Espinoza, a parent whose daughters had been awarded scholarships, appealed the decision to the U.S. Supreme Court.

The case was taken on by the Institute for Justice, a libertarian law firm, whose lawyers argued that Montana had both infringed on religious freedom and discriminated based on religion.

The case has been closely watched by advocates and critics of private school vouchers. Education Secretary Betsy DeVos, a longtime school choice supporter, was in the courtroom during oral arguments.

DeVos quickly hailed the ruling, which comes in the wake of two recent high-profile losses by the Trump administration before the Supreme Court, including the ruling on the DACA program.

“Montana and other states should be very clear about this historic decision: your bigoted Blaine Amendments and other restrictions like them are unconstitutional, dead, and buried,” she said in a statement.

The American Federation of Teachers criticized the ruling and DeVos’ focus on private school tuition vouchers.

“We should be prioritizing additional resources for public education and other vital social programs, not diverting them to private purposes,” AFT President Randi Weingarten said in a statement.

The decision is not surprising. The Court’s majority telegraphed its skepticism of these provisions in a 2017 case requiring Missouri to pay for playground resurfacing for a religious school because the refurbishment program was available to nonreligious schools. The latest decision extends this logic.

“The no-aid provision penalizes that decision by cutting families off from otherwise available benefits if they choose a religious private school rather than a secular one, and for no other reason,” Roberts wrote for the five conservative justices.

The dissenting justices offered a variety of counterarguments.

“If, for 250 years, we have drawn a line at forcing taxpayers to pay the salaries of those who teach their faith from the pulpit, I do not see how we can today require Montana to adopt a different view respecting those who teach it in the classroom,” wrote Breyer in one of three dissents from the court’s four liberal justices.

Dissenting justices also argued that the case was effectively moot since the Montana Supreme Court already eliminated the program for religious and nonreligious schools alike.

“The Court seems to treat the no-aid provision itself as unconstitutional,” wrote Justice Ruth Bader Ginsburg in a dissent. But because Montana’s Supreme Court “put all private school parents in the same boat,” she wrote, “this Court had no occasion to address the matter.”

Proposed bonus for teachers scrubbed as Tennessee legislature passes pared-down budget

2020-06-19T05:43:28+00:00

Tennessee teachers will receive neither a pay increase nor a bonus under a revised state budget approved early Friday by the legislature.

The Senate refused to go along with a House proposal to give teachers a $1,000 bonus in lieu of a raise that state officials have said Tennessee can no longer afford. The bonus idea, approved by representatives on Wednesday, received pushback because it offered no additional compensation to state employees, even though both groups had been in line for a pay hike this year.

“It just doesn’t look like we can squeeze out the type of money we would need for a teacher bonus, especially considering we couldn’t do it for state employees,” said House Majority Leader William Lamberth of the $70 million proposal.

The retreat marked a disappointing end to a budget process that started out so promising in February when Gov. Bill Lee asked the legislature for nearly $650 million in new dollars for K-12 education, including increasing teacher pay by 4%, boosting early literacy work, and addressing the mental health needs of students.

Because of the recession caused by the coronavirus, most of that is gone in the state’s revised $39.6 billion budget taking effect on July 1.

Instead, Tennessee’s 147 school districts will be expected to do more with basically the same level of state funding as last year as they seek to restart classes in August. The plan includes no emergency relief money sought by Democrats to help pay for new COVID-19 needs like hiring more cleaning staff and school nurses, purchasing personal protective equipment, and creating programs to help students catch up academically. Districts will receive some federal relief for that purpose, however, under the Coronavirus Aid, Relief, and Economic Security Act.

“Our local school systems’ budgets are facing tremendous challenges,” said JC Bowman, who heads the Professional Educators of Tennessee and was disappointed with the final budget. “In our opinion, the state could have done more to address funding in the [Basic Education Program] for schools in this budget, even as they failed to address salary issues.”

Negotiators from the Senate and House worked for hours on Thursday to pound out a compromise spending plan that further scales back the emergency budget passed in March as the coronavirus began to cripple the economy. At one point, a stalemate over multiple issues had some legislators considering sticking with the emergency budget, which set aside $59 million more for teacher compensation.

The final document excludes the pay raise but includes hundreds of millions of dollars for the state’s “rainy day” fund. It also includes $50 million requested by the governor to offer buyouts to state employees to shrink the size of state government. Educators will not be eligible for those, since they are employed by their local governments.

Earlier Thursday, Lee warned about a bumpy road ahead as the state faces a projected shortfall of $1 billion because of plunging tax revenues. “We have a very difficult job ahead of us, regardless of the budget that is passed,” he told reporters.

The budget, which Lee is expected to sign, retains $250,000 for a new school voucher program that was sidelined in May when a judge overturned the state’s 2019 education savings account law. That’s to pay for administrative costs in case a state appeals court vacates that ruling following a hearing set for Aug. 5.

Another $25 million in recurring voucher program funds was moved to elsewhere in the budget, since the Tennessee Supreme Court recently declined to hear the state’s appeal and effectively killed plans for an August launch. But Senate Majority Leader Jack Johnson said Lee’s administration wants the option to resurrect that voucher funding for future years.

“I think it’s appropriate that that recurring appropriation remains in the base budget because the governor does intend to implement the program next year, assuming that the lawsuit outcome is favorable to the administration and that’s to be determined,” said Johnson, a Republican from Franklin.

The compromise also includes a House provision to extend and expand Tennessee’s annual back-to-school sales tax holiday in an effort to stimulate the economy at a $25 million cost to the state.

The tax breaks will take place two weekends instead of the usual one — in late July and early August. The holidays will double to up to $200 the tax-exempt amount that can be spent on clothing and school supplies, and up to $3,000 for computers. The holidays also will include food purchased at restaurants.

Teacher pay raise out, some voucher dollars still in under revised Tennessee budget proposal

2020-06-04T23:22:55+00:00

Facing a budget shortfall of up to $1.5 billion, Gov. Bill Lee’s administration on Thursday released a revised spending plan that eliminates a planned 2% salary increase for Tennessee teachers.

The nearly $58.7 million already approved by the legislature for teacher raises is among $265.4 million in proposed reductions to the state budget that takes effect on July 1.

The change would affect the increase approved by lawmakers in March — not base pay that teachers already receive, said Butch Eley, Lee’s finance chief.

“We had no choice really … [but] to pull those back,” Eley said of the extra compensation.

The reduction comes four months after Lee proposed a 4% pay hike and vowed to make Tennessee the best state in America to be a teacher. It would mark the first major education investment that Lee has sought to renege on — but under extraordinary circumstances.

In March, the governor slashed most of the initiatives he had proposed for this year before the new coronavirus created a public health emergency and sidelined many businesses across Tennessee. He and the legislature kept a 2% teacher pay raise, hoping that it would stick.

But a shocking drop in revenues this spring and uncertainty about the economic outlook now require deep cuts in the state’s $39 billion spending plan.

“We need to have a lot of flexibility in how we attack this problem and the tough decisions we’re facing now,” Eley told the Senate Finance Committee.

Other state funding for schools appears to be safe, though.

Eley reiterated the governor’s statement last week that his administration is committed to preserving current funding levels through the formula known as the Basic Education Program, or BEP — Tennessee’s second highest expense.

Still in the air, though, are several million dollars set aside to administer Tennessee’s school voucher program under a 2019 education savings law that has since been overturned by a Nashville judge.

On Thursday, the Tennessee Supreme Court declined to review the case, effectively blocking the program from kicking off in August. As a result, Eley said, the governor has delayed the program’s planned launch to the fall of 2021.

“The governor is still committed to funding this program,” Eley told the House Finance Committee later Thursday.

The voucher program’s fate now lies with the state Court of Appeals, where arguments are set for Aug. 5.

Should the appeals court side with the state and overturn the lower judge’s ruling, Lee wants to keep funding in the 2020-21 budget to roll out the program for next year. Finance director David Thurman estimated the cost for setting up the program at about $2 million.

Before the Supreme Court’s decision was released, Lee’s revised budget already had more than halved the $41 million allocated for “education choice.” The reduction was based on a projected enrollment in the program’s first year of 2,000, instead of the maximum 5,000 approved by the legislature.

Senate Minority Leader Jeff Yarbro asked Eley why any voucher funding was being retained, given the state’s dire finances, the law being declared unconstitutional, and the governor’s decision to start the program a year earlier than legislators intended.

“I think people are prepared to make sacrifices on things they care about in this moment,” said Yarbro, a Nashville Democrat. “I guess I would just ask that the administration also share an open mind with this starting point.”

Eley responded that the governor is seeking to fund “things that this legislature has already considered and passed and acted on.”

“We’re just trying to respect that from our recommendation standpoint,” he said.

Governor won’t launch school vouchers in 2020 after Tennessee Supreme Court declines to hear case

2020-06-04T20:29:29+00:00

Tennessee will not kick off a school voucher program this year after the state’s highest court declined Thursday to wade into the legal battle over whether taxpayer funding should be used to pay for students to attend private schools.

Gov. Bill Lee’s finance chief, Butch Eley, told a legislative committee the administration does not intend to launch the program this fall as planned.

Hours earlier, the Tennessee Supreme Court declined to hear the case.

The rapid-fire developments halt the rush to roll out vouchers following a year and a half of one of Tennessee’s most contentious legislative and legal battles in recent history over education.

The five-member court issued a two-page order saying it had “carefully considered” motions asking the justices to step in, but that the situation “does not warrant [such] extraordinary action.”

That decision leaves the program’s fate with the three-member state Court of Appeals, where arguments are set for Aug. 5 — too late for the Department of Education to start in August as directed by Lee.

If the appeals court sides with the state, the launch would come in August of 2021. Eley said “the governor is still committed to funding this program.”

The high court’s refusal is a blow to the governor, who ordered the program to launch a year earlier than required under the state’s 2019 voucher law. Lee championed the law to give parents more education choices for their children.

“While we respect the court’s decision, we are disappointed for the more than 2,000 students who applied for this program in the hope of receiving a better educational fit,” said Gillum Ferguson, the governor’s press secretary. “We’ll continue to fight to give our families greater options and are committed to seeing this through in Tennessee.”

A spokeswoman for Attorney General Herbert Slatery III, who sought the appeal on behalf of the state, declined to comment.

Davidson County Chancellor Ann Martin overturned the law last month because it applies only to Memphis and Nashville without giving their local governments or voters a say.

But the state attorney general quickly appealed that decision, even as two courts blocked it from proceeding with the program pending the appeal’s outcome. The state argued that education policy is the state’s responsibility — and that the local constitutional protections known as “home rule” don’t apply in this case.

With each judicial setback, Lee had refused to back off from kicking off the program this August and set aside millions of dollars in the state budget to pay for it amid an economic crisis. But the high court’s decision put that timeline out of reach because significant administrative work must happen before a launch, even if the appeals court sided with the state later this summer.

When the program was halted by Martin’s order on May 5, the department was in the process of accepting and reviewing applications from eligible families wanting to participate.

According to court documents from department leaders overseeing the program, June 1 was the deadline for most private schools to assign seats for the 2020-21 school year. Other important deadlines were June 15 for families to confirm acceptance of education savings accounts; July 1 for the department to hire up to 20 employees to administer the program; July 20 to set up a payment system through vendor Class Wallet; and Aug. 15 to make tuition payments to participating private schools.

The case started in February when local governments in Nashville and Shelby County sued to try to stop the voucher program from taking students and funding from Metro Nashville Public Schools and Shelby County Schools in Memphis. They argued that shifting taxpayer money to private schools for a small number of voucher recipients will end up hurting those who remain in public schools.

The Supreme Court’s decision drew quick reaction.

“We are disappointed that the Supreme Court will not be taking up the ESA case to immediately resolve the questions presented so that children could benefit from the ESA program beginning this fall,” said Justin Owen, head of the Tennessee-based Beacon Center, a pro-voucher group that joined the case.

A spokeswoman for Shelby County Schools called the development a “significant victory” for Tennessee’s two largest school districts, as well as for “all Tennessee children and families.”

Tennessee governor commits to preserving state funding for schools during budget crisis

2020-05-28T22:23:38+00:00

Gov. Bill Lee said Thursday his administration is committed to maintaining current state funding for schools, even as Tennessee faces a revenue shortfall that economists estimate will run between $500 million and $1.7 billion.

He’s defaulting to the legislature, however, when it comes to prioritizing new education spending such as a teacher pay hike, a scaled-down literacy initiative, and the state’s embattled education savings account program.

“It’s very difficult to know what the future is,” Lee said, but “we need to make certain that we provide funding for our public school systems all across the state, as education is arguably the most fundamentally important piece of our budget.”

“Every other initiative will be decided by the legislature,” he said in response to questions from reporters during his weekly press conference on the coronavirus.

The governor’s comments came as the legislature prepares to revisit an emergency budget passed in March before lawmakers recessed abruptly as the coronavirus shut down schools and businesses nationwide.

Earlier this week, Lee’s finance chief directed state agencies to identify reductions totaling 12% of their budgets.

“The impact of COVID-19 on our economy and our state revenues is projected to be unparalleled in terms of both its suddenness and magnitude,” Butch Eley, commissioner of finance and administrataion, wrote in a memo to department heads on Tuesday.

“This economic situation came on quickly and will now require a multiyear approach of restraint and reductions,” he added.

Tennessee’s K-12 budget accounts for more than $6.5 billion out of the state’s $39 billion spending plan. A 12% reduction would require cutting funding to schools through the formula known as the Basic Education Program, or BEP. But Eley told the Senate Finance Committee on Thursday that the BEP will be spared because public education is among services considered “mission critical.”

“We’re going to do this in a fashion that I think is logical, rational,” Eley said.

Earlier this week, four economists presented grim economic forecasts to the State Funding Board, which charts state fiscal policy and is led by the governor. All four agreed it will take years to recover from the last three months of job losses and revenue shortfalls, while two warned that the outlook will worsen if the virus is not contained.

“The course of this recovery will be determined by the virus,” said Bojan Savic, an analyst from Tennessee’s Fiscal Review Committee.

Meanwhile, legislative committee work resumed this week and lawmakers have begun to discuss other cuts that need to be made, as well as spending priorities for the fiscal year that begins on July 1.

The House Education Committee was expected to take up a scaled-down literacy bill later Thursday aimed at training current and future teachers to take a phonics-based approach to reading instruction. That could come at a cost of up to $48 million to provide training on foundational principles of literacy.

The legislature also is expected to revisit a 2% teacher pay increase included in the state’s emergency budget, as well as $41 million for the school voucher program that Lee continues to champion, even as a judge overturned Tennessee’s education savings account law earlier this month. The state is appealing that decision to the Tennessee Supreme Court in hopes of still launching the program this fall.