New Boss, Same Game

Tennessee’s new Education Commissioner will continue privatization push

There’s a new Commissioner of Education coming to Tennessee and Volunteer State residents will likely be unable to discern any policy differences when compared with outgoing Commissioner Penny Schwinn.

Jeb Bush – known for privatizing Florida public schools by way of both charters and vouchers – was quick to congratulate Lizzette Reynolds on her appointment as Tennessee’s next Education Commissioner.

Reynolds works for Bush’s pro-privatization issue advocacy group, ExcelinEd.

While Gov. Bill Lee credited outgoing Commissioner Schwinn with leading the way for the state’s school voucher program, it seems likely Reynolds will continue pushing various methods of school privatization.

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

Schwinn Out at Department of Education

Pro-voucher Commissioner leaving role at end of school year

Tennessee Commissioner of Education Penny Scwhinn, who openly advocated for shifting public money to private schools via a school voucher scheme dubbed Education Savings Accounts (ESAs) is leaving her role at the end of the school year.

More from NewsBreak:

Current Commissioner of Education Penny Schwinn announced her resignation today, effective in just a few weeks when the school year ends for most districts around the state.

Lee commended Schwinn for her service to Tennessee:

“During her years of dedicated service, Penny has played a key role in our administration’s work to ensure educational opportunity for Tennessee students and secure the next generation of teachers, while navigating historic learning challenges,” said Lee. “I have tremendous gratitude for her leadership and wish her much success in her next chapter.”

Lee credited Schwinn with what he called significant education reform, including ushering in the state’s school voucher program.

Schwinn will be replaced by Lizzette Reynolds, a former top official at the Texas Education Agency.

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

Of Vouchers and School Takeovers

Nashville education blogger TC Weber has a couple of pieces out that break down Gov. Lee’s proposed school funding reform.

The bottom line: Be afraid, be very afraid.

I mean, if you like using public money to fund private schools OR if you’re a fan of the state taking over districts, this funding scheme is for you.

Here are a couple hits from TC’s analysis:

While we are on the subject of the funding bill, let’s flip to section 66. This is the portion of the bill that lists amendments to existing legislation. It reads as follows,

SECTION 66. Tennessee Code Annotated, Section 49-10-1405(a)(1), is amended by deleting the language “the per-pupil state and local funds generated and required through the basic education program (BEP) for the LEA in which the student resides and is zoned to attend” and substituting “the total funding allocation that the student generates under the Tennessee investment in student achievement formula (TISA)”.

Did you get that?

Read it again.

I’ll wait.

Under current legislation, a student who qualifies for an  IEA, or disability voucher receives around 6k to use for qualified expenses. It’s long been argued more students haven’t taken advantage of the education account opportunity, because the number is too low to make an adequate investment in a different educational opportunity.

If the new law passes, that student will receive exactly the amount generated through the funding formula, potentially making a voucher worth $16k. If you think that won’t increase enrollment and eventually bleed into a full-blown voucher plan, think again.

So, it turns out Mike Stein was right to warn about a BEP Voucher Plan.

READ MORE from TC on the funding formula and vouchers >

Then, TC digs into the section in the reform bill about school takeovers:

(c) An LEA that operates or authorizes a public school that receives a D or F letter grade pursuant to § 49-1-228 may be required to appear for a hearing before an ad hoc joint committee of the general assembly to report on the public school’s performance and how the LEA’s spending decisions may have affected the ability of the LEA’s public schools to achieve certain performance goals. The speakers of the senate and house of representatives shall each appoint members to serve on the joint ad hoc committee from the members of the general assembly serving on the education or finance committees of the senate and house of representatives. At the conclusion of a hearing conducted pursuant to this subsection (c), the joint ad hoc committee may direct the department to impose one (1) of the following corrective actions:

(1) Require the LEA or public charter school to develop, submit to the department for approval, and implement a corrective action plan consistent with a corrective action plan template developed by the department. The department shall report to the committee regarding the LEA’s or public charter school’s implementation of the corrective action plan; or

(2) Appoint an inspector general selected by the comptroller of the treasury to oversee the LEA’s or public charter school’s academic programming and spending. The department shall report to the committee regarding the outcomes of the inspector general’s oversight. The department shall promulgate rules to effectuate this subdivision (c)(2) in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(d) The department shall apportion the costs of implementing a corrective action imposed pursuant to subdivision (c)(2) between the department and the LEA on a case-by-case basis, subject to the approval of the joint ad hoc committee.

The desire for the state to takeover MNPS and SCS has long been the worst kept secret in town. This bill will provide the vehicle to take such action.

Never mind that the General Assembly passed legislation over half a decade ago that called for the creation of the A-F grading system, it’s never been implemented. as pointed out last year on the Senate floor. Now it’s suddenly going to be implemented and its first year out of the box it’ll have potentially dire consequences for districts.

MORE on ALL the requirements for districts included in the reform plan.

Then, there’s former Nashville school board member Amy Frogge. She also warns that the funding package may not be all rainbows and unicorns. In fact, it seems highly problematic for the future of K-12 public education in our state.

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TC’s Got Questions

Nashville education blogger TC Weber has some questions about a multi-million dollar contract extension for The New Teacher Project (TNTP) from the Tennessee Department of Education.

The key concern: Commissioner of Education Penny Schwinn’s spouse is an employee of TNTP and stands to financially benefit from the contract.

As Weber notes, though, another element of importance is this: The contract is very likely not necessary.

Here’s more:

Kline and McClellan brought no data to support the extension of the contract, but lots of feel-good anecdotes and platitudes. They could not divulge the number of teachers who’ve participated, the number left requiring training, the demographics of those attending training, but they could relate how beautiful it was to see all these teachers shoulder to shoulder studying the curriculum as if one curriculum could reach all students.

State Senator Brenda Gilmore had the audacity to ask for actual data to support the renewal of the contract. She was told in response, “the Education Department hopes to have student reading scores by late December to show whether children improved their reading skills.” maybe they’ll drop that data by her house on Christmas morning.

McCallum offered that data would be available through the required universal screener by the end of next month, and TNReady data in the late Spring. What was glossed over is what data the new data would be benchmarked against.

At one point in the proceedings, McClellan made the argument that it was important to renew this contract because calls were coming in daily for teachers desperately wanting to take this training. This supposed desire of teachers demanding more professional development has also been raised at the townhalls associated with the Governor’s drive to revamp the BEP formula.

I must be talking to the wrong teachers because none of the ones I talk to are looking for more training. In fact, what I more commonly hear is complaints of their time being eaten up by signature initiatives that prevent them from utilizing training already completed. In other words, how about a little space in order to incorporate acquired skills and experience?

Here’s the problem with that, if you allow teachers to practice their craft unencumbered by bureaucrats and legislators, it becomes hard for the latter to claim credit for success. And that’s what this always comes down to – money and justifying the salaries of those outsides of school buildings.

Read MORE from Weber about the TNTP deal and dig in to his piece, because he’s got some truth about SCORE, too.

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Why Not Waivers

As entire school districts close around the state due to the COVID-19 crisis, Commissioner of Education Penny Schwinn has granted limited waiver authority to allow a shift to remote learning. Why, then, are districts closing without even asking for a waiver?

WPLN in Nashville explains:

As of Wednesday afternoon, 13 districts have applied to temporarily shift some schools online and 8 were approved. But other school systems have closed without pursuing the state waiver for virtual learning.

“It does not apply for an entire district,” said Jeff Luttrell, the superintendent of Wilson County Schools, which has been shutdown all this week.

“And our numbers determined to us that we needed to shut down our district for a few days, to see if we could kind of stop the spread and allow some people to get healthy,” he added.

The waiver issue is the latest in a series of ineffective state policies as Tennessee’s leadership continues to mishandle COVID-19. Now, indicators suggest Tennessee is the number one state in the nation for pediatric COVID-19 cases.

Tennessee also leads the nation in overall cases per population:

Meanwhile, Gov. Lee has said he has no plans to change the state’s COVID mitigation strategy.

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Penny’s Power Grab

Legislation that would give Commissioner of Education Penny Schwinn broad authority to fire a school system’s superintendent and remove the school board is advancing in the Tennessee General Assembly.

Chalkbeat has more:

A bill outlining reasons the state may take over a local school district cleared its first legislative hurdle Tuesday. 

Rep. Scott Cepicky, a Republican from Maury County, said his proposal aims to strengthen Tennessee law by providing a clear process for when the state education commissioner should take control of a district, which could include firing the superintendent and replacing elected school board members.

It’s no surprise that Gov. Bill Lee, who has long expressed distrust of local school boards, is behind this measure.

Cepicky’s comments in support of the bill, however, indicate he is disconnected from the reality of how schools operate in Tennessee.

“I’m here arguing for students, folks — the students that are trapped in failing school systems,” he said. “Most of our school systems are doing the best they can … but there are districts out here that are failing these kids year after year after year, and we’ve got to address that moving forward.”

It’s interesting that Cepicky serves on the education committees of the House, even chairing the Education Instruction subcommittee and yet he has made exactly zero moves to improve the state’s failing school funding formula.

If Cepicky would like to talk about who has been failing Tennessee’s students year after year after year, he need only look around at the legislature and note that the body’s majority party has done precious little to improve the situation.

Tennessee ranks 46th in school funding and consistently receives an “F” in both funding level and funding effort in national rankings. The legislature’s own advisory commission suggests the school funding formula (BEP) is $1.7 billion behind where it should be.

Still, Cepicky cheerily carries the water for a governor who has so far refused to demonstrate any sort of commitment to investing our state’s resources into schools in a meaningful way.

If only Cepicky chaired a key education subcommittee or sat on another education committee or maybe if he were a member of the majority party or a representative trusted to carry key pieces of the governor’s agenda, maybe then he could actually make a difference where it mattered.

Instead, he’ll have to be content to lament the failing schools allowed to beg for cash from a position of zero power or influence.

Oh, and since Cepicky is so concerned about failing schools, one can only assume he opposes Lee’s efforts to extend the reach and control of the Achievement School District.

I’ll be waiting for Cepicky’s statement on the matter.

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

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Did They Even Read This?

It’s not clear that the Department of Education previewed or even actually read the words in a document intended to dissuade parents from opting their children out of state standardized tests.

While activists in Tennessee and around the country are encouraging the Biden Administration to grant testing waivers, parents are not waiting and are taking matters into their own hands.

In fact, when one parent recently indicated to a school principal that their child would be “opting out” of state testing in 2021, they were provided with a one page document from the Tennessee Department of Education explaining that opting-out is not an option.

Here’s that letter:

Opting Out of Annual Assessments 

October 2020 Updated 10/19/2020 

What is the Purpose of Annual Assessments? 

Annual assessments are critical to ensure that all students are making strong academic progress. In Tennessee, one measure of  student, school, and district academics is through the Tennessee Comprehensive Assessment Program (TCAP), which are tests  aligned with our state’s academic standards, outlining what students are expected to know, guiding educators as they design their  lessons and curriculum. As Tennessee’s teachers work to equip all students with the knowledge and skills they need, we have to  ensure that we can identify any major gaps in students’ learning and find variations in growth among different schools – both so we  can strengthen support in places that need it and learn from educators and students who are excelling. 

Results from TCAP tests give both teachers and parents a unique feedback loop and big-picture perspective to better understand  how students are progressing and how to support their academic development. This yearly academic check-up is the best way to see  how all students in Tennessee are doing, and it is one key measure through which we learn if are meeting our responsibility to  prepare all students for college and the workforce. Because of the importance of annual assessment, we believe it is crucial for all  students to take all TCAP tests each year.  

May parents opt their students out of testing? 

State and federal law requires student participation in state assessments. These statutes specifically reference the expectation that  all students enrolled in public schools in Tennessee will complete annual assessments. Therefore, school districts are not authorized  to adopt policies allowing these actions.  

No, state and federal law requires student participation in state assessments. In fact, these statutes specifically reference the  expectation that all students enrolled in public schools in Tennessee will complete annual assessments. Given both the importance  and legal obligation, parents may not refuse or opt a child out of participating in state assessments. Therefore, school districts are  not authorized to adopt policies allowing these actions.  

With the exception of students impacted by COVID-19 as described below, school districts must address student absences on testing  days in the same manner as they would address a student’s failure to participate in any other mandatory activity at school (e.g. final  exams) by applying the district’s or school’s attendance policies.  

What considerations may be made for students impacted by COVID-19? 

Students Impacted Medically by COVID-19 

A student who tests positive for COVID-19 and is unable to return to school to test may be exempt from testing following  appropriate medical exemption documentation.  

Supporting Students with Existing Health Conditions 

Students with health conditions, such as those who may be immunocompromised, may also qualify for a medical exemption, if the  school building testing coordinator or district testing coordinator is unable to accommodate the testing environment needed to  ensure student safety. Students with other diagnoses whose needs can be addressed with appropriate supports throughout the  school year should have a plan that includes the student’s needs during testing as well. Districts should follow accommodations  available to students as outlined in these plans, as long as they do not compromise test security or the validity of the assessment.  

Guidance for Classrooms and Schools Impacted by Quarantine 

In the case of a student, set of students, or school impacted by a quarantine due to COVID-19 in advance of testing, school districts  are strongly encouraged to schedule make-up testing opportunities that would be able to be administered at a date when students  could safely return to school. School districts typically schedule make-up opportunities shortly after their previously communicated  test dates but this Fall may choose to offer additional make-up testing opportunities for students later if they can plan with enough  advance notice to ensure test availability. 

Key Phrase

Here’s the key phrase (repeated twice in the letter):

These statutes specifically reference the expectation that  all students enrolled in public schools in Tennessee will complete annual assessments.

Note that no sections of Tennessee Code Annotated (TCA) or United States Code (USC) are referenced here. Why? Because the codes that require students to take the tests do not exist. There are Tennessee regulations preventing districts from adopting policies regarding opting-out. Violation of such policies is subject to a penalty determined by the Commissioner of Education.

But, the laws on the books regarding students merely “reference the expectation” that students will complete the assessments.

Umm? What?

Did anyone at DOE read this “guidance” before sending it out? Does the staff there assume that Tennessee parents can’t actually read?

Your child “must” take the test because districts aren’t allowed to adopt policies allowing opt-out and because someone who wrote some statutes “expects” that children will complete assessments?

No. Just no.

That’s not how this works.

In fact, here’s something I wrote back in 2016 that is directly relevant now:

There’s just one problem: The federal government has not (yet) penalized a single district for failing to hit the 95% benchmark. In fact, in the face of significant opt-outs in New York last year (including one district where 89% of students opted-out), the U.S. Department of Education communicated a clear message to New York state education leaders:  Districts and states will not suffer a loss of federal dollars due to high test refusal rates. The USDOE left it up to New York to decide whether or not to penalize districts financially.

See, no big deal. Except, well, Penny Schwinn wants to make it a big deal. Just like the previous Commissioner of Education wanted to make it a big deal.

Dear parents: Don’t be bullied by letters riddled with redundancy from the Department of Education. Instead, push back on Penny’s petulance.

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Make Believe

The land of make believe is apparently where Gov. Bill Lee and his team go to find justification for their bad public policy. WMC-TV out of Memphis has the story about how the Lee Administration is using old data from a study based on projections to justify a demand that schools return to in-person learning.

Here’s more:

Despite new data suggesting COVID-19 learning loss wasn’t as severe as predicted, state leaders continue to use old data, which some have called misleading, to pressure school districts like Shelby County Schools to reopen for in-person classes.

The ACTUAL data from students suggests any “loss” of ground due to the pandemic is relatively minimal. Lending credence to claims made by Nashville blogger TC Weber and others that the entire concept of “learning loss” is pretty much ridiculous.

For example:

Shelby County Schools also released its own data in November, showing that while learning loss did occur in reading and math, it wasn’t as bad as predicted.

For instance, 28% of students placed below grade level in reading compared to 27% historically.

In math, 29% of students placed below grade level compared to 23% historically.

Despite the newer data, the governor and his administration continue to use projections from the April NWEA study to pressure school districts like SCS to reopen to in-person classes.

Calling out hypocrisy

Shelby County Schools Superintendent Joris Ray noted that while calling for students to return to in-person learning, Commissioner of Education Penny Schwinn appeared via video to legislators:

“Watching state leaders call for in-person learning on the state legislature’s virtual video meeting today sends a mixed and hypocritical message. We invite state leaders to step away from privileged podiums and try to understand the many concerns of our students, parents, and teachers,” Ray said.

Whether it is Bill Haslam’s Commissioner of Education telling tales about TNReady or Bill Lee’s Commissioner appearing virtually using make believe data to push for in-person learning, Tennessee’s recent history indicates education policy is made independent of actual facts.

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Commissioner-in-Waiting

Gov. Bill Lee has selected former State Rep. Bill Dunn to serve in an advisory role to embattled Commissioner of Education Penny Schwinn.

Sandra Clark has more in KnoxTNToday.com:

Former state Rep. Bill Dunn will earn $98,000 in his full-time position as senior advisor to state Education Commissioner Penny Schwinn. He will work from both Nashville and Knoxville, according to Victoria Robinson, director of media for the state Department of Education.

Dunn started work Monday, Nov. 9, according to a press release from Gov. Bill Lee.

(Note: the new job will boost Dunn’s state pension, which is based on his highest-paid years. He has worked for 26 years as a representative, which currently pays about $24,000. Look for a follow-up when we get actual numbers.)

Dunn has been a long-time critic of public education in the state, opposing the creation and expansion of a Voluntary Pre-K program and taking the lead in ushering in Lee’s school voucher scheme. The voucher plan has since been declared unconstitutional.

Some speculate that Dunn’s role is in preparation for his eventual takeover of the Department of Education. Schwinn has come under fire for her mismanagement of the DOE, and even Republican allies of Gov. Lee are calling for an investigation into her leadership.

Meanwhile, Dunn is a familiar face at the legislature and a committed privatizer. Whether or not he ultimately receives the Commissioner title, there’s no doubt his influence will be felt in the Department and in pursuit of legislative action.

Will former State Rep. Bill Dunn become Commissioner of Education?

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In Light of These Outcries

It seems that someone is finally listening to educators from across the state who have consistently complained about poor management at the Tennessee Department of Education. Let’s be clear: Though flippant and abrasive, current Commissioner of Education Penny Schwinn is merely carrying out the privatization agenda of her boss, Gov. Bill Lee.

Still, it’s noteworthy that both Senator Dolores Gresham and Rep. Mark White (who chair the education committees in the Senate and House, respectively) are now calling for an investigation into the financial management practices at the DOE under Scwhinn.

Here’s more from Chalkbeat:

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.”

That only took — FOREVER. It’s nice to know the legislature would rather placate a governor hellbent on privatizing our schools instead of actually paying attention.

Here’s …. LOTS of evidence that Gresham and White clearly missed because they are either willfully ignorant or … YOU make the call:

Those are a few examples.

Make no mistake, Bill Lee stands by Penny Schwinn. This is HIS agenda.

Today is Election Day 2020. If you want a different outcome for Tennessee schools, the next time you can vote for someone other than Bill Lee is in November of 2022.

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