Flat-Out Wrong

That’s how Bruce VanWyngarden describes Gov. Bill Lee’s school voucher scheme. Yes, the very same scheme Lee is rushing to get up and running THIS school year.

Here’s VanWyngarden in the Memphis Flyer:

Which is why every human being in Tennessee should be absolutely outraged at Governor Bill Lee, who is relentlessly fostering the destruction of our public schools via a voucher system in which parents play the middleman between our state treasury and private schools to the tune of $7,000 per family. It’s flat-out wrong, and it’s using money that rightfully should be going to public schools. If people want to send their children to private schools, let them have at it, just don’t ask the taxpayers to cover the note.

He then goes on to detail the current Hillsdale controversy and note that Lee is selling our public schools to private entities with a very clear agenda.

Reports suggest voucher opponents are making one more attempt in court to stop the “rushed” implementation of the voucher program this year.

Whether or not they succeed, VanWyngarden is right: Vouchers are wrong for Tennessee.

pexels-photo-987585.jpeg
Photo by freestocks.org on Pexels.com

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

Your support – $5 or more – makes publishing education news possible.

NPEF Opposes Voucher Program

Amid news that Gov. Bill Lee’s office and Department of Education plan to begin a school voucher program in Memphis and Nashville for this school year (2022-23) following the lifting of an injunction that had been blocking the scheme, the Nashville Public Education Foundation (NPEF) issued a statement expressing opposition to Lee’s move.

Here’s the statement:

Governor Bill Lee announced yesterday that the Tennessee Education Savings Account (ESA) program will enroll students for the upcoming school year in Davidson and Shelby counties.The Nashville Public Education Foundation (NPEF) opposes this decision and the ESA program. While NPEF supports high-quality school options for all students in Nashville, the foundation believes public dollars should stay with public schools. In addition, research suggests conflicting and inconclusive evidence on the effectiveness of voucher programs on academic achievement for students.  NPEF will continue to support Nashville students and Metro Nashville Public Schools to create a public system of education where all students can thrive.
pexels-photo-987585.jpeg
Photo by freestocks.org on Pexels.com

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

You make publishing education news possible – just $5 (or more) makes a difference!

Got an education news tip? Email me!

An Assault on Public Schools

The Network for Public Education – a nationwide coalition of groups fighting to defend public schools – issued a statement today in light of the U.S. Supreme Court’s ruling allowing public funds to be used for private, religious schools.

Here is that statement in full:

The ruling of the U.S. Supreme Court in Carson v. Makin forces taxpayers to fund religious education in states with school choice programs, a radical departure from American values and traditions. With this decision, the Court eradicated the separation between church and state when it comes to public funding for education, opening the door to future decisions that would further mandate the public funding of religious education. Prior to the ruling, states could fund religious education but were not obliged to do so. As Justice Breyer noted in his dissent, “What happens once “may” becomes “must”? Does that transformation mean that a school district that pays for public schools must pay equivalent funds to parents who wish to send their children to religious schools?”

The implications of the Court’s wrong-headed decision are enormous and will certainly be seized upon by radical school privatization advocates. Privatizers have focused on capturing state legislatures and securing judicial appointments to ensure their small minority can bend public policy against high-quality and popular public schools, and today’s ruling further undermines the ability of Americans to protect public education funding.

Students, families, and taxpayers have regularly been saved from problematic, unaccountable, and fraudulent voucher programs through lawsuits citing state constitutional provisions that prohibit direct government aid to educational institutions affiliated with religious organizations. The U.S. Supreme Court has demolished those protections and this will lead to additional voucher programs that will siphon taxpayer dollars from public schools.

Although this case focused on a voucher program, the ruling also opens the door to allow religious institutions to overtly run charter schools, which also have their own long history of fraud, low-quality staff, poor academic performance, and general mismanagement. Given that charters are run by private boards, similar to the boards that run private schools, this precedent paves the way for later decisions for religious charters.

Perhaps most disturbing, some religious schools have a long history of engaging in reprehensible discrimination in both admissions and hiring and in many cases failing to provide adequate and science-based academic instruction. This decision will embolden the creation of more schools, that receive taxpayer funding, to engage in discriminatory practices in the name of religion.

Commenting on the decision, NPE President, Diane Ravitch, stated, “Maine and Vermont should only include the option of public schools in their town tuitioning programs, thus limiting public funding to public schools. Other states that subsidize any private schools should stop doing so. The path on which SCOTUS has embarked will end in publicly funded schools for every religion, of which there are scores. It threatens the principle of the common school, supported by the public and open to all children.”

Carson v. Makin highlights the depth of the current assault on our public schools by a highly motivated and organized radical minority. Even with today’s devastating ruling, their assault will continue to push for even more until all public schools are closed, and every student is left behind.

We will continue our advocacy efforts on behalf of democratically governed public schools opened to all. Public funds are for public schools.


This case has clear implications for Tennessee and Gov. Bill Lee’s plans to privatize public schools:

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

Your support – $5 or more – makes publishing education news possible.

Vouchers Strike Back?

On the surface, it would seem Gov. Bill Lee and his commitment to a statewide voucher scheme for Tennessee scored a huge victory yesterday when the Tennessee Supreme Court ruled in a 3-2 decision that Lee’s ESA voucher plan does NOT violate the “Home Rule” Amendment of the Tennessee Constitution.

Here’s the deal: While the loss on the Home Rule Amendment is a definite blow to public school advocates, there are MORE issues at play here.

Here’s what a press release from the Tennessee Administrative Office of the Courts has to say about yesterday’s ruling:

The Tennessee Supreme Court granted Defendants’ applications for permission to appeal. Because it is an interlocutory appeal, the issues before the Court were limited to the constitutionality of the ESA Act under the Home Rule Amendment and Plaintiffs’ standing to bring that challenge. The Supreme Court agreed with both the trial court and the Court of Appeals that Plaintiffs Metro and Shelby County had standing to bring their Home Rule Amendment Claim. However, the Supreme Court, after reviewing the applicable constitutional language, held that the ESA Act is not rendered unconstitutional by the Home Rule Amendment because the Act is not “applicable to” the Plaintiff counties for purposes of the Amendment. The majority concluded that the ESA Act is not applicable to the Plaintiff counties because the Act regulates or governs the conduct of the local education agencies and not the counties. Thus, the Act does not violate the Home Rule Amendment. The Supreme Court therefore affirmed, in part, and reversed, in part, the judgment of the Court of Appeals and remanded the case to the trial court for the dismissal of the Home Rule Amendment claim and for consideration of Plaintiffs’ remaining claims.

“Consideration of remaining claims.”

There.

So, the plaintiffs lost on the Home Rule Amendment in a narrow, 3-2 ruling. While I may not agree with that interpretation of Home Rule, as it relates to vouchers, this is not a “death blow” per se.

There are “other issues.” The plaintiffs will now have to revisit their case as it relates to other claims relative to the harms or potential harms of vouchers.

This ruling does NOT mean that Bill Lee and Penny Schwinn can just go all out on vouchers.

Instead, it means that lower courts will hear evidence on claims related to vouchers.

Was the Home Rule Amendment the home run in terms of defeating vouchers? Yes! Seeing vouchers as unconstitutional in this light was the easiest, fastest way to defeat a voucher scheme.

Was it the ONLY way that vouchers would lose in court? Not at all.

Remember, the ESA scheme as concocted in 2019, applies only to Memphis and Nashville. There are a range of legitimate claims that could serve to halt the negative impact of a voucher scheme.

A trial court may now have to hear evidence and make a decision on those claims.

Bottom line: This is NOT a green light for Lee’s voucher plan.

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

Your support – $5 or more – makes publishing education news possible.

The Big Voucher Payback

Remember when then-House Speaker Glen Casada “enticed” members to vote for Gov. Bill Lee’s school voucher scheme? Remember how the FBI was (and still is) interested in Casada and others for possible bribes in order to pass the bill by a single vote?

Remember the ensuing scandal that led to Casada’s resignation as House Speaker?

Well, it turns out dark money groups like Tennesseans for Student Success are all in on a big payback for Casada’s “leadership.” You see, Casada is now running for the six-figure job of Williamson County Clerk. Here’s what Phil Williams reports TSS is doing for Casada in that race:

Oh, and in case you’re wondering, Tennesseans for Student Success is pretty shady:

crop man getting dollars from wallet
Photo by Karolina Grabowska on Pexels.com

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

Your support – $5 or more – makes publishing education news possible.

Extreme Privatization

If you are wondering what it looks like when school privatizers are close to total victory, Tennessee is a prime example. Here, the forces that want to take public money and hand it over to private entities are on the verge of completing their conquest. 

Tennessee’s current legislative session features a range of attacks on public schools. Some of these would have immediate impacts, while others take a longer-term approach to fully privatizing K-12 education in the state.

First, it is important to understand that groups backing privatization in the form of charter schools and vouchers are among the top spenders when it comes to lobbying state legislators. For example, the American Federation for Children—an organization founded and previously led by the family of Betsy DeVos, a school privatization advocate and former President Donald Trump’s Secretary of Education—spent $887,500. Another big spender, the Tennessee Charter School Center, spent $732,500.

Based on this year’s full-frontal assault, these investments appear to be paying off. There are three key issues that currently pose the most significant threat to Tennessee’s public schools. They include: a partnership with Hillsdale College, a private fundamentalist Christian college in Michigan, to run fifty or more charter schools; legislation that would create a charter school real estate grab; and school funding reforms that set the stage for a statewide voucher program.

In his State of the State address, Governor Bill Lee restated his commitment to set aside $32 million to help launch new charters in Tennessee and announced the Hillsdale College partnership, which could bring close to fifty Hillsdale-run charter schools into the state. 

Beyond the use of public funds to open schools run by a private, Christian college, there is reason to be concerned about the nature of the Hillsdale curriculum. As educator and blogger Peter Greene explained,  “[Hillsdale President Larry] Arnn has been a Trump supporter, and the college has fallen right into MAGAland as well. . . . The college uses Trump mailing lists to raise money. They used to sponsor Rush Limbaugh’s show. They get grads placed on the staff of legislators such as Jim Jordan and Kevin McCarthy.” 

low angle view of cross against sky at night
Photo by Pixabay on Pexels.com

Of course, any charter schools—Hillsdale or otherwise—must be approved by a local school board, right? Wrong! Tennessee’s State Charter Commission, created by Lee, can override local decisions. And Lee is now seeking to expand the authority of this unelected body. 

Legislation currently advancing in the state Senate (SB2168/HB2833) would allow charter schools to apply directly to the State Charter Commission. This means a group of unelected appointees of a pro-privatization governor could decide to place charter schools in districts where the local elected officials and public don’t want them.

Another part of the same bill creates a real estate grab for charter operators. The relevant section states:

The proposed legislation authorizes a public charter school operating in the LEA to have a right of first refusal to: lease at an annual cost not to exceed the annual capital funding received by the public charter school leasing the building; or purchase at or below fair market value any underutilized or vacant property submitted by the LEA under this section. 

Just to be clear, public money in the form of local property taxes pays for facilities run by public schools. Should this new legislation pass and become law, an unelected state board will be able to place charter schools in a district, and those charter schools can take over public buildings at a reduced cost. So much for the free market.

Potentially millions of dollars worth of real estate assets in local districts across Tennessee could soon be up for grabs at prices below market value. No wonder privatizers tied to the charter industry have spent $8 million lobbying the legislature.

The final element in the push for privatization is being billed as a “reform” of the state’s school funding formula. Governor Lee recently released his plan to revamp how the state directs money to local school districts for public schools. The bottom line, according to Lee, is that the approach is “student-centered” and that funds “follow the child” no matter what. This plan is based on model legislation from the rightwing American Legislative Exchange Council (ALEC).

This statement, first of all, creates the erroneous impression that charter schools operate as “public” schools. Although called public schools under Tennessee law (as in most states), these schools function with less government oversight and an array of private operations, from real estate management to the sourcing of substitute teachers to overall school management.

Second, the proposed change to school funding is quite simply the gateway to a full-on voucher scheme. As Tennessee teacher Mike Stein wrote on his personal blog, the final form of funding reform is a workaround for a school voucher law that Lee enacted and was ruled unconstitutional

Step one, according to Stein, is to create a funding allocation for each individual student; step two is to allow that funding to follow the individual student to whatever “public” school they attend; and step three is to let parents take these funds to any school, public or private.

The short-term impact of this formula would be an influx of funds to charter schools and their operators. In the long term, a transition to a fully operational “choice” economy of schools seems likely.

Lee has been fighting to redirect public money to private schools since before he was elected governor. It now looks like a fight he’s poised to win. And if he does, defenders of public education should learn to resist next time the small, subtle cuts to public education that he used to lay the groundwork.

This piece originally appeared in The Progressive

1000 Cuts

A Williamson County teacher explains what it is like to be a teacher in Tennessee right now:

https://twitter.com/TheTNHoller/status/1494768171294863362?s=20&t=HdIBTWSPVC6Z8btGFt1UlA

Of course, the legislature is responding in the only way they know how:

This type of attack has been going on for more than a decade now:

Make no mistake. These cuts are intentional. The forces of privatization are using all the tools to erode the teaching profession and set public schools up to fail. The nail in the coffin will likely be a new state funding formula that paves a path for a voucher scheme.

food man people woman
Photo by Pavel Danilyuk on Pexels.com

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

Your support – $5 or more – makes publishing education news possible.

Voucher Case Gets New Court Hearing

Chalkbeat reports that a case against Gov. Bill Lee’s school voucher scheme will receive another hearing before the Tennessee Supreme Court as that body attempts to assess the constitutionality of the program.

The Tennessee Supreme Court will rehear arguments in the case of educational savings accounts, also known as vouchers. The court’s announcement on Tuesday comes in the wake of the death of Justice Cornelia Clark who was on the bench in June to hear the arguments, but died of cancer in September before the court was able to issue a ruling.

In the brief order, court members said that “in light of the untimely death of Clark, this court has concluded that re-argument will aid the resolution of this appeal.”

At stake in the case is the future of school vouchers in Tennessee. Republican Gov. Bill Lee pushed the educational savings accounts, or school voucher law, in 2019, as a way for students in Nashville and Memphis to use public funds to pay for private education, supplies, and tutoring. The program was to begin with 5,000 students and grow to 15,000 by the fifth year, but the program never got off the ground as multiple courts blocked it.

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

Your support – $5 or more – makes publishing education news possible.

The BEP Voucher Plan

Tennessee teacher and education blogger Mike Stein offers his take on Gov. Bill Lee’s latest run at school vouchers. This time, Lee’s plan appears to be to use the state’s school funding formula (BEP) to create a voucher scheme.

Here are some highlights from Stein’s piece, written after he’d been to one of TN DOE’s BEP Town Hall events:

I had so much to say! I wanted to mention how atrocious it is that in 2021 teachers in this state are still limited on how many copies they can make for their classrooms. I wanted to go into how students’ mental health is poor. That fights during school are on the rise because they don’t know how to properly deal with their emotions and the need for school counselors, psychologists, and social workers is at a critical point. I wanted to mention my idea for attacking the substitute teacher crisis in Tennessee, which is to include substitute teacher pay as a component in the BEP. Rural systems like mine can not afford to pay them a decent wage (they can literally make more money at any fast food establishment), so if TDOE creates a baseline pay of $120 per day for non-licensed substitute teachers that is reimbursed to districts, then we will be much more likely to attract and keep quality substitute teachers. The $120 figure comes from paying them the equivalent of $15 an hour for the length of the school day. If the substitute is a certified teacher, then I believe that amount should equal $160 per day. I wanted to raise these points–and more–but the two minute time limit had me rethinking what I was going to say.

Is the answer already decided?

. . . because in January they plan on presenting their new BEP formula to the state legislature

Stop and reflect on that last sentence. If their timeline is to present their plan in January then it can only mean one thing–it’s either already written or close to it. This means that TDOE’s public town halls and their funding review committees are either entirely or mostly a farce. They’re going through the motions of eliciting public feedback because to redo the BEP formula without attempting to do so would mean their suggestion in January would most assuredly be D.O.A.

The tea leaves are not difficult to read here. The new BEP formula will include some form of vouchers (they, of course, won’t be called that) and because the BEP funds public schools across the state, then it will not violate the “Home Rule” provision. State legislators will be put in a position to either vote in favor of the new BEP formula (which will undoubtedly include actual needed improvements that will be popular with their constituents) or reject it. It’s a lose-lose situation for them. Either support the new BEP formula that will actually privatize public schools or be accused of being against public education. 

Stein then does a great job of breaking down the members of the Fiscal Responsibility Committee – noting that many of them are decidedly pro-voucher.

Check out his post for more on Bill Lee’s continued effort to send public money to private schools.

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

Your support – $5 or more – makes publishing education news possible.

Education Committee Chair May Lose Post Over Federal Indictment

Senator Brian Kelsey, who chairs the Senate’s Education Committee and who has long been a champion of using public money to fund private schools, is facing a federal indictment on allegations of campaign finance misconduct. This is not just a legal headache for Kelsey, though, it also may result in him losing the gatekeeping role he now plays as Committee chair.

More on this from Chalkbeat:

A McNally spokesman said later that Kelsey had not requested a hearing before the Senate’s ethics committee on whether the indictment merits suspension from his leadership position. If Kelsey does not make the request within 10 days of his indictment, Senate rules say he will be suspended as chairman for as long as the indictment is being pursued.

“Lt. Gov. McNally will enforce the Senate rules as written,” said McNally spokesman Adam Kleinheider.

Kelsey’s political future is being closely watched, especially since he ascended to lead the education committee after longtime Chairwoman Dolores Gresham retired last year. The panel is the gatekeeper of hundreds of proposals annually that can affect Tennessee students, educators, and schools.

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

Your support – $5 or more – makes publishing education news possible.