A lawsuit challenging the state’s voucher law has been filed by Nashville and Shelby County. Some highlights from the claim below.
Amendment No. 1 did not apply to Sen. Gresham’s home county of Fayette County or to any of the other six counties in Sen. Gresham’s district, despite Fayette County having two out of seven schools (28.6%) on the 2017 bottom 10% list and one out of seven schools (14.3%) on the 2018 list of priority schools.
Victory at any cost?
Sen. Dickerson expressed concerned about the “unfair” process, noting that House votes were acquired based on promises to exclude certain counties from the bill:
So, for this bill to really be fair, I think it needs to apply to every child in Tennessee. There are members in this chamber who have said that they will vote for this bill because it does not apply to their county. It’s an okay bill, so long as it does not apply to their county. I think if it’s a good bill, we should embrace it for every county. And not to cut with too fine a point here, but in the, our, our chamber down the hall, the 50th vote came with the specific stipulation that this bill would not apply to the 50th vote’s county. It also came with a significant financial reward for that individual’s county, if reports are to be believed. And I really worry that this is very unfair, and this is not the way that we should be doing our business. I think this comes down to a victory at any cost.
Sen. Yarbro (D-Nashville) speaking on the Senate floor on April 25, 2019, called references to a “pilot project” a “false premise.” He noted that the bill, unlike true pilot projects, did not have a “sunset” provision. Rather, he said, the bill created a permanent $110 million state program for 15,000 students in only two counties.
Based on the combined statewide BEP average of $7,593 in 2019-2020, MNPS would lose 2,150 x $7,593 = approximately $16.3 million in funding for that school year. SCS would lose 2,850 x $7,593 = approximately $21.6 million in funding for the first year of implementation. This number likely underestimates the financial impact on MNPS and SCS, since the BEP per-pupil funding for 2020-2021 will likely be higher than the current year.
MNPS’s total funding loss over five years would be at least $163 million over the ESA Program’s first five years and would increase by at least $49 million annually in each succeeding year. The actual funding loss would likely be significantly higher, as the BEP per-pupil funding (whether MNPS’s or the combined statewide average) will undoubtedly increase over time.
SCS’s total funding loss over five years would be at least $216 million over the ESA Program’s first five years and would increase by at least $65 million annually in each succeeding year.
Vouchers are expensive. The program as designed unfairly impacts Nashville and Shelby County. Pro-voucher lawmakers worked to ensure their own counties would NOT be included in the program.
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