Many public schools around the nation are chronically underfunded. Diverting muchneeded funding from public schools to pay for private school vouchers makes that situation worse. For example, the cost of Arizona’s private school voucher program has increased 50-fold in 16 years, even as private school attendance in the state has decreased. A study of the voucher program in Wisconsin found that the program’s expansion posed “a significant fiscal threat to public schools.” Moreover, these diverted funds are often mis-spent. In Florida, investigative journalists found voucher recipient schools had hired teachers without college degrees and falsified health and safety records. In Arizona, an audit of the voucher program found parents received funds after enrolling students in public schools and after purchasing items that were not permitted.
For many years, studies of voucher programs across the country have found no improvement in student achievement. Studies in Washington, D.C. and Alabama found no significant improvement in student test scores. Studies in Louisiana, Indiana, and Ohio found that students who attended private schools using vouchers actually performed worse than their similar peers in public schools. These negative effects persisted over years, meaning they were not a temporary result of students’ transition to a new school. The negative impact on academic achievement of attending a voucher school may be even worse than the impact of high teacher turnover and feeling unsafe at school. Additionally, the Louisiana voucher program did not increase the rates of college enrollment among high school graduates. And parents do not report greater satisfaction with schools, nor a greater sense of safety, with the use of private school vouchers.
It’s worth noting here that in spite of this evidence, Gov. Bill Lee insisted on funding vouchers in the emergency budget the General Assembly passed before recessing due to COVID-19.
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A press release from the advocacy group Public Funds for Public Schools explains that a group of parents suing to stop the state’s voucher plan from being implemented are seeking immediate relief to halt the program.
Parents and community members in Shelby and Davidson Counties who are challenging the constitutionality of the Tennessee Education Savings Account (ESA) voucher law filed a motion Friday asking the Chancery Court for Davidson County to halt implementation of the program before the state begins diverting taxpayer funds to private schools.
The motion asks the court to stop implementation of the law — which applies only to students living in those counties — that would illegally siphon much-needed taxpayer funds away from their public schools. Although Tennessee’s voucher program was originally slated to begin in the 2021-2022 school year, Governor Bill Lee’s administration has rushed to distribute private school vouchers in the fall of 2020, despite the ongoing COVID-19 pandemic, which caused hundreds of millions to be slashed from education funding in the emergency budget passed by the state legislature in March.
Shelby County Schools and Metro Nashville Public Schools were already underfunded before the COVID-19 pandemic. The current crisis will only increase the need for funding and resources in these schools. “Schools throughout Tennessee have been chronically underfunded for years. Diverting money to pay for private school vouchers in Shelby County and Nashville is not going to solve this problem, and will only exacerbate the challenges these districts face to provide all students with a quality education,” said Chris Wood, partner at Robbins Geller Rudman & Dowd LLP, which has joined with the ACLU of Tennessee, the Southern Poverty Law Center, and Education Law Center to represent the plaintiffs in the lawsuit. Southern Poverty Law Center and Education Law Center collaborate on the national Public Funds Public Schools campaign. The lawsuit challenging the ESA voucher program, McEwen v. Lee, was filed last month. It charges that the law violates several provisions of the state’s constitution and laws.
The temporary injunction motion filed Friday asserts that the voucher program violates the Tennessee Constitution’s “Home Rule” provision, which prohibits the General Assembly from passing laws that apply only to certain counties. In this case, the voucher program will be instituted only in Shelby and Davidson counties. Because the legislature failed to appropriate funding for the first year of the law’s implementation, yet paid over $1 million to a private company for its administration using funds from an unrelated program, the voucher law also violates constitutional and statutory requirements governing appropriation of public money.
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After receiving support from a mail campaign paid for by the voucher vultures at American Federation for Children, Gov. Bill Lee’s scheme to divert public money to private schools is now accepting applications.
The website is now live and includes an illuminating FAQ.
What is the ESA program? The ESA program allows eligible students who are zoned to attend a Shelby County district school, a Metro Nashville public school, or a school that was in the Achievement School District (ASD) on May 24, 2019, to use state and local money toward education expenses, including tuition and/or fees at approved private schools.
This is true. The ESA program (vouchers) diverts taxpayer money to private schools by way of a platform administered by ClassWallet. ClassWallet, of course, is the company that “won” a no-bid state contract worth millions of dollars.
How can ESA funds be used? Funds in an ESA may only be used for educational purposes. This includes: Tuition or fees at a participating school Required school uniforms at a participating school Required textbooks at a participating school Tuition and fees for approved summer education programs and specialized after-school education programs Tutoring services provided by an individual who meets department requirements. Tuition and fees at an eligible postsecondary institution Transportation to and from a participating school or education provider by taxi or bus service Textbooks required by an eligible postsecondary institution Fees for early postsecondary opportunity courses, exams, or exams related to college admission Educational therapies or services for participating students provided by a department-approved therapist Computer hardware, technological devices, or other department-approved technology fees. (This is applicable only if the technology is used for educational needs, is purchased at or below fair market value, and is purchased through a participating school, private school, or provider.)
The broad guidelines for use of voucher funds make the program susceptible to fraud, as the Daily Memphianreports has happened in other jurisdictions:
Reports from across the nation show situations in which private-school officials and parents spent voucher money for items unrelated to education. Cards were used at beauty supply stores, sporting good shops and for computer tech support, in addition to trying to withdraw cash, which was not allowed.
Can an ESA be used for a participating private school outside of Shelby or Davidson County?
Yes, while your student must be zoned for a Shelby County district school, a Metro Nashville public school, or a school in the Achievement School District, the ESA may be used for an out-of-county participating private school.
So, the voucher scheme is taking money from cash-strapped Shelby and Davidson counties and diverting it to private schools in neighboring districts.
Oh, and let’s be clear: Lee insisted that vouchers be funded in his emergency coronavirus budget — and did so at the expense of an investment in public schools.
For more on education politics and policy in Tennessee, follow @TNEdReport
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:
Vouchers still fully funded though. And at over 2X the rate a WCS student is funded. https://t.co/08mtN2bWug
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
The American Federation for Children is sending targeted mailers to families in Nashville and Memphis advertising for the state’s voucher program that is slated to start in the upcoming school year. The voucher plan, once thought to be in doubt due to a range of problems, was funded in Gov. Bill Lee’s amended COVID-19 budget.
The American Federation for Children (AFC) is an organization previously headed-up by Education Secretary Betsy DeVos. DeVos and Lee have a long-standing relationship, with Lee providing financial support to AFC.
Here are those mailers:
For more on education politics and policy in Tennessee, follow @TNEdReport
There’s a budget showdown looming this afternoon pitting Tennessee teachers versus Gov. Bill Lee’s voucher scheme. Erik Schelzig has more:
Tennessee lawmakers are gearing up for a long day Thursday in which they hope to come to an agreement over deep budget cuts before going into recess until the coronavirus crisis subsides.
One of the biggest sticking points is Gov. Bill Lee’s plan to keep funding in the budget to launch his school voucher program this fall while cutting a planned 4% teacher pay raise in half.
Even as Gov. Bill Lee’s amended budget cuts planned improvements to teacher pay while maintaining funding for a voucher scheme, this article details the persistence of public school advocates in Tennessee. Here are some highlights:
Another factor making it difficult for vouchers to move smoothly through the process in Tennessee has been grassroots resistance. Ahead of the voucher vote, parent groups and civil rights organizations joined together to express opposition. But those groups didn’t stop just because a group of powerful white men got their way the first time around.
The unrelenting focus of grassroots activists helps keep every single misstep of the voucher scheme in the public eye. Whether it’s the no-bid contract for the vendor overseeing administration of the program, or how the scheme’s rules were written in a way that allows for discrimination, no bad voucher deed goes unreported.
State Senator Dolores Gresham will not be seeking re-election this year, the AP reports:
Tennessee Republican state Sen. Dolores Gresham says she will not be seeking reelection this year.
The Somerville lawmaker made the announcement in an email this week to constituents in her 26th District.
Gresham served six years in the state House before she was elected to three four-year terms in the Senate. She became Education Committee chairwoman as a freshman senator.
Gresham’s leadership was a critical element in securing passage of Tennessee’s school voucher program. In fact, in litigation filed by the school systems in Nashville and Memphis, reference is made to Gresham’s captaining of the voucher bill from the Senate floor.
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.
For more on education politics and policy in Tennessee, follow @TNEdReport
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In February, the school districts in Nashville and Memphis filed a lawsuit challenging Gov. Bill Lee’s signature legislative achievement, school vouchers. Today, parents in both districts filed a second suit challenging the so-called “Education Savings Accounts.” Here’s more from a press release:
Public school parents and community members in Nashville and Memphis today filed suit in the Chancery Court for Davidson County challenging the Tennessee Education Savings Account (ESA) voucher law as an unconstitutional diversion of public education funding to private schools.
In the lawsuit, McEwen v. Lee, the plaintiffs contend that diverting millions of dollars intended for Memphis and Nashville public schools to private schools violates public school students’ rights to the adequate and equitable educational opportunities guaranteed under the Tennessee Constitution. The lawsuit also charges that the voucher law violates the constitution’s “Home Rule” provision, which prohibits the state legislature from passing laws that apply only to certain counties.
The Tennessee voucher program would siphon off over $7,500 per student – or over $375 million in the first five years – from funds appropriated by the General Assembly to maintain and support the Metro Nashville Public Schools (MNPS) and Shelby County (Memphis) Schools, according to the lawsuit. The controversial state law could go into effect as early as the 2020-21 school year.
The voucher law passed by a single vote in May 2019, over the objections of legislators from Shelby and Davidson Counties, as well as others.
If the voucher program is implemented, Metro Nashville Public Schools and Shelby County Schools will lose substantial sums from their already underfunded budgets, resulting in further cuts to educators, support staff, and other essential resources, the lawsuit states.
“We love my daughter’s school, but it is already underfunded,” said Roxanne McEwen, whose child is an MNPS student. “There isn’t enough money for textbooks, technology, to pay teachers, or to keep class sizes down. Taking more money away from our schools is only going to make it worse. I joined this lawsuit because I want to be a voice for my child and for kids who don’t have a voice.”
“I believe that Shelby County Schools do not have enough funding to provide all children with the resources they need to learn. At one of my son’s middle school, they do not offer geometry, and one of my other sons did not have a science teacher for two years in a row,” said Tracy O’Connor, whose four children attend Shelby County Schools. “If the district loses more funds due to the voucher program, I worry that we will lose more guidance counselors, reading specialists and librarians, and there will be more cuts to the foreign language and STEM programs.”
The complaint highlights numerous ways in which private schools receiving public funds are not held to the same standards as Tennessee public schools, in violation of the state constitution’s requirement of a single system of public education. Private schools do not have to adhere to the numerous academic, accountability, and governance standards that public schools must meet. They can discriminate against students on the basis of religion, LGBTQ status, disability, income level, and other characteristics. And they are not required to provide special education services to students with disabilities.
“Public schools are open to all children, while private schools receiving voucher funds are not held to the same standards,” said Nashville mother Terry Jo Bichell. “My son is non-verbal and receives extensive special education and related services in his MNPS school, including being assigned a one-on-one paraprofessional. I do not know of a single private school in the state that would be willing or able to enroll a student like my son. Even if a private school was willing to enroll my son, we would have to waive his right to receive special education.”
The voucher law also violates the Tennessee Constitution’s requirement that the General Assembly appropriate first-year funding for each law it passes. No money was appropriated for the voucher law, and recent hearings have revealed that the Tennessee Department of Education used funds from an unrelated program to pay over $1 million to a private company for administration of the voucher program.
The plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign. PFPS opposes all forms of private school vouchers and works to ensure that public funds are used exclusively to maintain, support and strengthen our nation’s public schools. The plaintiffs are also represented by the ACLU of Tennessee and pro bono by the law firm Robbins Geller Rudman & Dowd LLP.
For more on education politics and policy in Tennessee, follow @TNEdReport
Despite significant concerns regarding a no-bid contract awarded to a vendor who will administer the state’s voucher program, legislative leaders have no plans to take action to stop ClassWallet or the Department of Education from circumventing the legislative process. That’s according to a report from the Associated Press.
Late last year, the education agency selected ClassWallet to help administer the applications and funds once the state’s voucher program begins in the summer. However, due to the department using a noncompetitive grant process to select ClassWallet, the agreement never was submitted to the Legislature for review.
This sparked alarm among some lawmakers unhappy the education agency’s decision to select ClassWallet skirted legislative scrutiny, as well as uneasiness the contract resulted in a higher dollar amount than was budgeted the year before.
After calls for further investigation were made by Democratic lawmakers, McNally and House Speaker Cameron Sexton asked Lee to provide proof the department acted legally.
“When we asked the governor’s office for how they were able to use this as a grant, they were able to provide some legal authority that they believe gave them that power,” McNally, a Republican, told reporters Thursday. “We still have reservations about that.”
But when asked about revisiting the education department’s decision surrounding ClassWallet, McNally said no.
To be clear: The legislature mandates various accountability measures for teachers and schools — TVAAS, Priority Schools Lists, School Improvement Plans, etc. — but, when the Department of Education fails to follow the legislative process designed to foster accountability, they get a free pass.
For more on education politics and policy in Tennessee, follow @TNEdReport
