Tag Archives: BEP Lawsuit

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Just Kidding

The Tennessee General Assembly this year approved changes to the state’s school funding formula (the BEP) and at the same time, refused to appropriate sufficient funds to pay for the changes.

As a result of this refusal, MNPS is suing the state and demanding full funding of the formula.

The state’s response is pretty remarkable. State lawyers maintain that even though new funding ratios are now state law, the state doesn’t have to follow this law.

Grace Tatter reports:

Metro Nashville Public Schools, which serves about a third of the state’s ELL population, is seeking a court order demanding that the state provide the district with funds promised under its recently revised funding formula known as the Basic Education Program, or BEP.

State lawmakers voted this year to increase ELL funding based on a 1:20 student-teacher ratio instead of the previous 1:30 ration, but only provided Nashville with money for a 1:25 ratio. That’s about $4 million short of what was promised this school year, say Nashville school leaders.

Attorneys for the state say Tennessee isn’t obligated to follow through with its own spending plan — and that Nashville doesn’t have the grounds to seek the order in the first place.

The state doesn’t have to follow through with its own spending plan? Then why even have a spending plan? The state adopted a new funding formula and put new funding ratios into Tennessee Code. But now the state is saying they don’t actually have to follow the laws they passed.

Perhaps what’s most frustrating about this entire situation is that Tennessee has a $925 million budget surplus this year. That’s following a $1 billion surplus last year.

Yes, we have the money to fully fund the formula. Instead, lawyers are now arguing that policymakers are not obligated to follow a formula they proposed and adopted. That’s a pretty strange defense.

The legislature could have phased-in the ratios. Or adopted different, more “affordable” ratios. But they didn’t. Now, the state doesn’t want to be held accountable for meeting the ratios Governor Haslam suggested and the General Assembly adopted. What other laws does the state view as mere suggestions?

For more on education politics and policy in Tennessee, follow @TNEdReport


 

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Just Another School Funding Lawsuit

Bluff City Ed reports that Shelby County Schools will file a lawsuit today claiming the state’s school funding formula (BEP) is inadequate and inequitable.

The Shelby County suit is separate from the suit filed by Hamilton County and six other districts — that suit suggests the state funding formula is inadequate to the tune of $500 million a year.

Why are districts suing? Because the BEP Review Committee — a state group set up (by law) to review the state’s school funding formula each year and report on any deficiencies – has consistently reported that the state is under-funding schools. Interestingly, the BEP Review Committee was set up to alert the legislature of funding disparities in a timely fashion so the state could avoid the kind of lawsuit that originally resulted in the BEP.

Funny thing about that: Tennessee has been sued twice since the original lawsuit and lost both times.

Not so funny thing: The General Assembly still appears to be reluctant to seriously address lack of funding for schools. In fact, some leaders are downright hostile to the idea.

Perhaps one (or several) of these lawsuits will be successful and the General Assembly will be forced to address the serious funding shortfall facing districts across the state. There’s even a way to start investing in schools without raising any taxes.

More on the BEP:

TCAP: Proficiency or Poverty

Money for Roads, but Not for Schools?

Why Fix the BEP?

That’s a Big Class

For more on education politics and policy, follow @TNEdReport

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Should Shelby County Schools Sue the State?

Jon Alfuth over at Bluff City Ed says YES!

Here’s the basic reason why:

Education funding has been creeping up slowly, but its not enough. We’re at a critical juncture in urban districts like Shelby County, and the only realistic way we are going to find the funds to adequately support our schools is from the state. Local taxes are tapped out and the district has cut to the bone. And at the same time, the state has indicated very little willingness to adequately fund BEP 2.0.

More on BEP Funding:

Why is He So Angry?

Money Talks

Hungry for BEP Reform

Of Poverty and Teacher Pay

For more on education politics and policy in Tennessee, follow @TNEdReport

 

 

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Money Talks

Funny how a little thing like a BEP lawsuit asking for more than $600 million can cause Governor Haslam to propose adding a little more money to the education pot.

Yes, seven Tennessee school districts are suing over the inadequacy of the state’s education funding. And, just one week after the suit was filed, Governor Haslam suddenly “found” some $30 million to invest in funding an additional month of teacher health insurance. The state currently pays 45% of 10 months of teacher insurance, but teachers are insured for a full 12 months.

The districts are suing based on numbers provided by the BEP Review Committee, the state group tasked with annually reviewing the BEP formula and making recommendations for improvements.

The idea is that the BEP Review Committee will highlight issues that need attention and help the state avoid additional funding lawsuits.

The reality is that the BEP Review Committee reports go ignored by the legislature and most Governors until a lawsuit is filed. Twice since the original “Small Schools” suit that initially brought about the BEP the state has been sued over funding equity. Twice, the state has lost those equity lawsuits.

Governor Haslam’s administration has said that education funding is now a priority — but that wasn’t the case last year and he didn’t seem to be making any real moves this year until a lawsuit was filed.

Only seven districts are party to the current suit while others continue to debate joining in.

In Metro Nashville, some on the Board have openly suggested a more collaborative approach. I would suggest that after giving Bill Haslam four years to get serious about school funding, the time for collaboration is over. Haslam has created a duplicative BEP Task Force that has the stated goal of rearranging the slices of a pie that’s too small.

When asked about the latest threat of a suit before it became a reality, Haslam said he was committed to doing “something” about school funding, but he just didn’t know what yet.

This $30 million is a tiny olive branch, but far from a serious move toward funding schools properly. And, with legislators like House Majority Leader Gerald McCormick saying Tennessee’s schools are currently properly funded, it’s unclear how much support truly improving the funding situation will have. In fact, at today’s legislative hearing on school vouchers, McCormick took a swipe at school boards, suggesting they should focus on educating kids instead of filing lawsuits.

I would also note that for those on the MNPS Board who want to collaborate with Haslam that he has been supportive of voucher schemes that will devastate public schools, especially MNPS. Haslam’s support of dangerous voucher schemes and lack of any serious effort to improve school funding combined with his legislative leaders taking verbal swipes at school boards means he’s deserving of a serious confrontation — not a collaborative spirit.

You don’t wait around for someone who has never shown an interest in making an effort to see if they suddenly will do something good. You don’t take the coin they toss in the way of some insurance money as evidence they are finally serious about giving you what you deserve.

The bottom line is this: The BEP is broken. 

Bill Haslam has made no meaningful effort to fix it. Until a lawsuit was filed, his administration wasn’t even willing to admit there was a problem with funding for teacher insurance.

Tennessee school districts, teachers, and parents should start working together to insist that the legislature and the Governor develop serious, long-term funding solutions for our state’s schools. If the BEP problem is not fixed by legislative action, the legislature and Governor may be forced to fix it by the courts. It’s long past time for the serious work of making the BEP work for all of Tennessee.

For more on education politics and policy in Tennessee, follow @TNEdReport

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Will Haslam Raise Teacher Pay?

He’s not saying.

Yet.

Blake Farmer over at WPLN has the story.

Basically, both Haslam and incoming Commissioner of Education Candice McQueen say they are committed to improving teacher pay, but make no commitment about a specific raise this year.

Haslam does think he should be given credit for giving teachers raises early in his term, though.

Here’s what he said:

“What gets lost in there is we were one of the few states, in our first three budgets, who actually did give teachers raises,” Haslam said in an interview with WPLN.

What he failed to mention is that Tennessee ranks near the bottom in the nation in rate of improvement of teacher pay as well as total teacher compensation. And the disparity among districts in terms of teacher pay is reaching proportions previously rule unconstitutional by the state Supreme Court.

In short, a failure to address both the level of teacher pay and the resources provided to schools could result in more than just angry teachers. Some are even beginning to suggest a school funding lawsuit is in order.

Will 2015 be the year Bill Haslam makes a serious attempt to both improve teacher pay and provide needed resources to Tennessee schools?

He just won’t say.

For more on education politics and policy in Tennessee, follow @TNEdReport