Guaranteed

Tennessee’s Constitution guarantees a free public education. Specifically, it states, “The state of Tennessee recognizes the inherent value of education and encourages its support. The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” Tenn. Const. art. XI, § 12. 

David Sciarra of the Education Law Center provides some insight into what constitutional guarantees to public education — like the one included in Tennessee’s Constitution — mean in the time of a global pandemic.

In the wake of closing physical school buildings and classrooms, states are legally mandated to educate all students while they are sheltering at home, regardless of student need or the conditions in the district in which they are enrolled. And this affirmative duty means that states cannot simply pass the buck to school districts to figure out how to respond to the impact of COVID-19 on their students and teachers, nor to shoulder on their own the responsibility for continuing instruction by remote, digital means.

To fulfill their Education Article duty during the COVID-19 school closure, the states, through their education agencies (SEAs), must take these minimum proactive steps:

  • Issue robust emergency guidance to school districts requiring the continuation of student learning through remote means and equitable opportunities for all students to access remote learning. The guidance must be comprehensive, addressing the full range of challenges faced by school districts, including addressing the specific legal rights and needs of students requiring interventions and supports, such as students with disabilities, English language learners, homeless students, students in foster care and those academically at-risk.
  • Provide intensive assistance to those districts serving high enrollments of low-income students and students of color to address the “digital divide” resource gaps that disproportionately affect these groups of students and impede delivery of remote instruction, including lack of internet access and devices and the need for online learning platforms, professional supports for teachers and other crucial assistance.
  • Collect data from districts on the extent of the “digital divide” with a focus on low-income students and students of color and make the data publicly available on a rolling basis.
  • Launch and implement a statewide campaign to make certain every student in need has access to meals and other supportive services while at home.
  • Issue guidance on district use of federal CARES Act emergency relief funds, prioritizing digital resource gaps and publicizing district plans for use of those funds.
  • Begin planning, through a statewide task force or work group, for appropriate supports to be in place when schools reopen, including the need for significant resources to compensate for student learning loss during school closure and support services for students experiencing trauma.
  • Ensure all public funds, including federal funds, are used exclusively to maintain and support the public education system and are not diverted to private virtual schools, tutoring services or other private education uses.

States are constitutionally obligated to make certain all children, no matter their life circumstances, have access to learning opportunities during the pandemic, and that students return to schools that are fully resourced and ready to meet their short- and long-term educational needs. Information on these resource needs will be crucial to inform the difficult budgetary decisions legislators and governors must make in the coming months, given the staggering fallout from the pandemic on state and local revenues.

The bottom line is this: states cannot close school buildings and then fail to educate children or permit and tolerate educational disparities among districts or vulnerable student populations. The constitutional obligation to provide public education belongs to the state, and only the state, and this responsibility cannot – and must not – be left to local district discretion, conditions or circumstances.

Privatizing Prowlers

Sciarra takes an opportunity here to caution against those who seek to profit from the pandemic by privatizing public schools. He notes that states should:

Ensure all public funds, including federal funds, are used exclusively to maintain and support the public education system and are not diverted to private virtual schools, tutoring services or other private education uses.

Meanwhile, we’ve seen our Tennessee profiteer friends at Pearson and K12, Inc. taking steps to use the COVID-19 crisis to grab even more taxpayer dollars with little accountability or oversight.

As the Tennessee General Assembly grapples with how to handle the inevitable budget challenges created by the current emergency, it’s important to remember Sciarra’s warning. The State of Tennessee MUST provide the resources necessary for a free public education for ALL students. This means directing necessary funds to local districts rather than simply relying on them to “make up the difference” between state funding and student needs.

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

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What We Always Knew

A story out of Maury County highlights the education disparities we all know about. It also makes clear the problem of inequality is societal and systemic. It’s something we can conveniently ignore when school is in session because we know then all the kids are being fed and watched and loved. We aren’t forced to see the impacts of wage stagnation, wealth consolidation, and a lack of access to health care.

Here’s more from the Columbia Daily Herald:

“It took this crisis to realize that we are working on two very different dynamics in our districts,” Jennifer Enk, president of the education association, told members of the Maury County Board of Education during an online board meeting this month. “Going forward, this is something that our state and our local [district] really has to look at.”

She said the ongoing stay-at-home order has shown that students’ access to the internet and the devices to access it dramatically differs across the county.

After encouraging the school district to continue offering stipends to local educators who prepare work packets for students, Enk recommends incoming funds from the federal government be used to “equal the playing field” for the county’s students.

Maury County Superintendent of Schools Chris Marczak previously told The Daily Herald that in the northern portion of the county, in the surrounding Spring Hill area, about 10% of the school district’s students live in a home without internet. In Columbia, the county seat located in the center of the region, 24% of the school districts students don’t have internet at home.

It’s not just internet access, of course. There are wide disparities in access housing, food, and health care. A report published last year noted:


High concentrations of poverty, not racial segregation, entirely account for the racial achievement gap in U.S. schools, a new study finds.


The research, released Monday, looked at the achievement gap between white students, who tend to have higher scores, and black and Hispanic students, who tend to have lower scores. Researchers with Stanford University wanted to know whether those gaps are driven by widespread segregation in schools or something else.


They found that the gaps were “completely accounted for” by poverty, with students in high-poverty schools performing worse than those from schools with children from wealthier families.

So, while policymakers create plans focused on how much time kids are in school buildings and how to ensure they get to take tests, the real problems remain ignored.

Meanwhile, privatizing predators are on the prowl, ready to use the COVID-19 pandemic to open the doors to MORE taxpayer resources with little oversight or accountability.

Instead of trying to line the pockets of wealthy edu-profiteers, Tennessee policymakers should move forward with solutions that address the underlying challenges:

Addressing poverty would mean providing access to jobs that pay a living wage as well as ensuring every Tennessean had access to health care. Our state leads the nation in number of people working at the minimum wage. We lead the nation in medical bankruptcies. We continue to refuse Medicaid expansion and most of our elected leaders at the federal level are resisting the push for Medicare for All.

Yes, COVID-19 has highlighted inequality in our schools and beyond. It’s also highlighted the willingness of our top policymakers to simply walk by on the other side while their neighbors suffer.

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Staying the Course

While Nashville’s schools are looking at budget cuts in the upcoming year, Shelby County Mayor Lee Harris is proposing maintaining current operational funding and investing in school construction, according to Chalkbeat.

Shelby County Schools could receive the same funding as last year for day-to-day operations and possible additional funding for school construction in the next budget year under a proposed $1.4 billion county government spending plan unveiled Monday.

Mayor Lee Harris recommended maintaining the $427 million the county allocated this year for the operating budgets for all seven of Shelby County’s school systems. Shelby County Schools, the largest district in the state, receives the bulk of that funding.

Additionally, the mayor proposed spending an additional $33 million for school construction needs in all the districts. On top of that, he proposed another $65 million for schools, including $50 million for Shelby County Schools, that he hopes will be an incentive for school leaders to rapidly build new facilities “and give more kids a first-rate learning environment.”

Harris is proposing a $16.50 increase in the vehicle registration fee in order to cover the cost of this investment.

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

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Priorities

At a time when the COVID-19 crisis is wreaking havoc on budgets (including up to $100 million in potential cuts to Nashville schools), it’s important to examine priorities. This means looking for areas of saving while also acknowledging the lessons of the Great Recession.

That’s why Tennessee’s law on funding for charter schools warrants exploration. Specifically, Tennessee Code Annotated (TCA) 49-13-112(a) indicates:

An LEA shall adjust payments to the charter schools, at a minimum, in October, February, and June, based on changes in revenue, student enrollment, or student services

Well, we’ve got changes in revenue. That is, if the city is providing $100 million less, MNPS can prioritize funds and reduce revenue provided to charter schools. Additionally, Gov. Bill Lee’s “emergency budget” included significant funds for vouchers, which could result in changes in overall enrollment in both MNPS and Shelby County Schools.

Why pick on charter schools, one may ask? Well, for starters, charter schools are indicating they will be accessing COVID-19 stimulus funds designated for small businesses. Those are taxpayer funds NOT available to local school districts. Charters already receive public funding from state and local dollars as well as funds from private donors. If fiscal austerity is the name of the game, then charters seem a logical place to look for savings.

It’s worth noting here that a 2014 study highlighted the negative fiscal impact of charter schools on MNPS and a 2015 analysis further explained the financial impact of charter schools.

The ability of charter schools to obtain federal small business stimulus funds and tap outside donors should insulate them from any cuts in payments made by MNPS and Shelby County Schools. Additionally, the districts have an obligation to prioritize spending, especially in a time of fiscal austerity.

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

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Coronavirus and School Funding in Nashville

$100 million. That’s how much the already struggling Nashville school district is being asked to cut in the wake of the economic challenges created by the COVID-19 outbreak. The Tennessean has more:

Mayor John Cooper has asked Nashville schools to explore ways to potentially cut up to $100 million from its current budget as the coronavirus continues to take a toll on the city’s revenue collections.

As non-essential businesses remain closed and Nashville residents are spending less time outside, city officials are forecasting a $200 million to $300 million shortfall in expected taxes and other revenue for the current fiscal year. 

The potential budget cuts come even as Gov. Bill Lee insisted on $41 million in state funding for his voucher scheme while cutting funds sent to districts for teacher compensation.

Teachers in Nashville already lag behind those in other districts when it comes to pay.

It’s not clear where MNPS will find room for cuts, but based on past actions, it seems likely some savings would be realized by moving more students to virtual schools. It also seems likely entire programs could be reduced or eliminated.

This difficult climate is happening in a state that clearly has yet to learn the lessons of the Great Recession. Tennessee is at least $1.7 billion behind where it should be to adequately fund schools, according to a report from the bipartisan legislative study group known as TACIR.

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

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The Ever-Changing Survey

After the Tennessee Department of Education received tons of pushback from parents and teachers over a controversial survey suggesting adding summer school and/or extended school days to make up for days missed during the COVID-19 pandemic, the DOE just … changed the survey so the questions generating controversy weren’t there.

Yep. They just … changed it.

Here are some tweets explaining the changes from former TN DOE spokesperson Jennifer Johnson and some other individuals who noticed the differences:

https://twitter.com/un__anchored/status/1246938117984129025?s=20

It seems no one at the Tennessee Department of Education thought anyone would notice these … pretty big changes.

The arrogance is stunning.

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

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Survey Says

The State of Tennessee has a survey out about how to use one-time funds from the COVID-19 stimulus. Among the suggestions: somehow “making up” for the weeks/months lost in this school year by adding time to school days or adding days to coming school years.

Here’s teacher Mike Stein’s tweet with a link to the survey:

Take just a few moments and fill it out and then let your lawmakers and local school boards know how you feel.

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A Lesson Not Learned

In a post at the Washington Post, Derek Black warns that investment in public education must not be denied in light of the COVID-19 pandemic and coming economic impacts.

Some notes:


During the Great Recession of the late 2000s, Congress hoped that most of a $54 billion set-aside in stimulus funds would be enough to save public school budgets, which had been savaged by state and local governments. It wasn’t enough.


States imposed education cuts so steep that many school budgets still have not fully rebounded — and Congress’s 2020 stimulus bill aimed at trying to save the economy from a new calamity fails to address the possibility of a sequel. Meanwhile, even before the economic effects of the current crisis caused by the coronavirus pandemic are being fully felt, states are already looking to cut education funding.


If states cut public education with the same reckless abandon this time as last, the harm will be untold. A teaching profession that has spent the last two years protesting shamefully low salaries may simply break. The number quitting the profession altogether will further skyrocket — and it’s not likely there will be anyone to take their place.


The first signs of this possibility are here. In recent weeks, three states — Florida, Georgia, and Tennessee — have cut teacher salary increases for this coming year — increases intended at this late date to begin repairing the damage from the last recession. Education Week reports that teachers may lose all of an anticipated pay hike in Kentucky, and legislatures in at least five other states have not acted on salary hikes for educators.

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Black notes that Tennessee is among the states not learning the lesson of the Great Recession. It’s worth noting that Tennessee’s teachers already earn less in inflation-adjusted dollars than they did all the way back in 2009.


Between FY 2016 and FY 2020, lawmakers enacted a total of $429 million in recurring increases for teacher pay. Since that time, growth in Tennessee teachers’ average pay has begun to catch up with inflation. After adjusting for inflation, however, teachers’ average pay during the 2018-2019 school year was still about 4.4% lower than a decade earlier.

So, the response to the coronavirus by Gov. Bill Lee and the General Assembly was to cut a planned investment in teacher compensation and instead fund a voucher scheme.

When (if?) the General Assembly returns in June, it will be interesting to see if commitments are made about investments in public education going forward. Tennessee is already $1.7 billion behind where we should be in school funding.

Perhaps the crisis caused by coronavirus will give lawmakers time to actually conduct a comprehensive review of our school funding formula and make necessary adjustments and improvements.

Alternatively, as Black suggests, lawmakers may look to “save money” by moving to cheaper, less reliable online learning options while foregoing investment in teachers and the resources students need.

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

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Coronavirus and Teacher Pay

Education Week has a story about how states that were planning investments in teacher compensation are now abandoning them in light of the COVID-19 pandemic. The article mentions Tennessee, and Gov. Bill Lee’s preference for funding a voucher scheme instead of investing in teachers.


Just as the movement to pay teachers more money was gaining political steam, the economic fallout from the coronavirus is jeopardizing most of this year’s statewide initiatives to increase salaries, according to an Education Week analysis.


In recent weeks, lawmakers in Florida, Georgia, and Tennessee, many citing a potential recession, have significantly reduced the pay bumps that teachers were expecting to get. In Kentucky, a much-anticipated $2,000 raise might get scrapped altogether. And in at least five states, proposals for teacher salary increases are in limbo as legislatures have either suspended their sessions or are retooling state budgets to account for the economic crisis.


“In the midst of a pandemic, you try not to put too much focus on that, but educators are very concerned about this decision,” said Tikeila Rucker, the president of the United Education Association, which represents teachers in Memphis, Tenn., of the governor cutting the proposed bump in the state’s contribution to teacher salaries from 4 percent to 2 percent. “It feels like a disservice to the people. … We’re already underappreciated, overworked, underpaid, and undervalued, and when there’s a need to make a cut, it feels like we’re dispensable.”

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Vouchers and School Budgets

At a time when the ongoing COVID-19 pandemic is creating uncertainty for school budgets, Gov. Bill Lee’s voucher scheme received full funding in the state budget that passed just before the General Assembly left town on recess.

Williamson County School Board member Eric Welch makes this point succinctly in a tweet expressing frustration over the impact of the revised state budget on the district’s plan to invest in teachers:

Yes, with the coronavirus crisis wreaking havoc on local economies and school system and county budgets, Lee chose to stand with the Betsy DeVos agenda he’s long supported.

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

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