Derek Black and Education Law Center have the breaking news: A Tennessee judge has found the state’s voucher program unconstitutional.
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Tennessee’s school voucher program may end up being the ultimate solution in search of a problem as Chalkbeat reports few families are actually applying for the scheme.
Fewer than 300 applications appear to be on track for approval for 5,000 spots in the first year of Tennessee’s school voucher program, while a Nashville judge said she’ll rule by next week whether to allow the program to launch under two legal challenges.
As of Wednesday night, education department data showed 291 completed applications were still active, while 189 have been denied since the state began accepting them in late March.
So, in spite of aggressive marketing for the program, it seems that parents may not actually want vouchers.
What’s most disappointing about this reality is that Gov. Bill Lee slashed a planned investment in teacher compensation in order to fully-fund his voucher scheme. Now, school systems across the state will see less BEP funding while money sits waiting to be used for a voucher program no one wants.
Oh, and the private company managing the voucher scheme for $2.5 million? Yeah, they’re still getting paid.
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A news release from Public Funds for Public Schools:
The Chancery Court for Davidson County will hear oral arguments today in two lawsuits challenging the constitutionality of Tennessee’s private school voucher law, the Education Savings Account (ESA) Pilot Program. The plaintiffs in McEwen v. Lee seek to temporarily halt implementation of the program until the court rules on the constitutionality of the voucher law, which diverts much needed public education funds to pay private school tuition in Davidson and Shelby Counties.
The voucher program was originally slated to take effect in the 2021-2022 school year, but Governor Bill Lee’s administration is planning to issue private school vouchers this fall.
The McEwen plaintiffs are public school parents and community members in Shelby and Davidson Counties. Their lawsuit, filed in March, contends that the voucher law violates several provisions of the Tennessee Constitution, including the “home rule” provision, which prohibits the General Assembly from passing laws that target specific counties without their approval. It also violates the constitution’s Appropriation of Public Moneys provision, governing the proper appropriation of public funds, and its Education and Equal Protection Clauses, which guarantee adequate and equitable educational opportunities to public school students across Tennessee.
“I have five children currently enrolled in Shelby County Schools, and our family has always actively supported Tennessee’s public school system,” said plaintiff Apryle Young. “I know firsthand that my children’s schools are in desperate need of facilities maintenance, counselors and other support staff, textbooks and supplies. They cannot afford to lose more resources.”
The McEwen plaintiffs will argue for a temporary injunction to stop implementation of the voucher program and prevent the state from diverting scarce public education dollars — now at greater risk due to the COVID-19 pandemic — to private schools while the court rules on the constitutionality of the voucher law.
“I am very worried about the effect on my daughter’s school and on all the students in Metro Nashville Public Schools if the state starts handing out vouchers in the next few months,” said plaintiff Roxanne McEwen. “Beginning the private school voucher program this fall will take away funds that are essential to keep our kids learning during this difficult time.”
The McEwen plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign to ensure public education funds are used exclusively to maintain, support and strengthen public schools. The plaintiffs are also represented by the American Civil Liberties Union of Tennessee and the pro bono law firm Robbins Geller Rudman & Dowd LLP.
“The state should not be permitted to push ahead with a constitutionally flawed program at the expense of Nashville and Memphis public schools that desperately need more, not less, funding and resources,” said Chris Wood, partner at Robbins Geller Rudman & Dowd LLP. “We are asking the court to temporarily enjoin the voucher program while the judge rules on the numerous constitutional and statutory violations asserted by the plaintiffs.”
The court will also hear oral arguments on several other motions during Wednesday’s hearing. Davidson and Shelby Counties and the Metro Nashville Board of Public Education will argue the summary judgment motion filed in their separate lawsuit challenging the voucher program. In addition, the state and intervenor defendants will argue their motions to dismiss each case.
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While groups attempting to stop Tennessee’s voucher scheme from being implemented make arguments before a judge, no actual vouchers will be awarded. This according to a story in Chalkbeat.
Chancellor Anne C. Martin is scheduled to hear arguments Wednesday on nine motions that range from the state’s efforts to dismiss both lawsuits to requests by several plaintiffs to declare the 2019 education savings account law unconstitutional. One motion asks for a temporary injunction to keep the program from launching before the new school year.
Martin is expected to rule on several key motions in early May. Her two recent orders noted that the state, which has been accepting applications for the program since March 27, has agreed “not to notify any person that he or she has been approved to receive an Education Savings Account” before May 13.
Governor Bill Lee has made vouchers his primary legislative focus, even working to ensure funding for the scheme was included in his emergency budget adopted before the legislature recessed due to COVID-19.
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Education Secretary Betsy DeVos is using the COVID-19 pandemic to further her school privatization agenda. Chalkbeat reports that DeVos is tying the awarding of certain CARES Act funds to a state’s willingness to further school vouchers and virtual schools.
Education Secretary Betsy DeVos will use $180 million in federal coronavirus relief earmarked for the hardest-hit states to create voucher-like grants for parents and to expand virtual education.
State education agencies can apply for federal money by proposing one of three things.
The first is “microgrants” — what some would call “vouchers” — meant to give families more options for remote learning. Those grants could be used to pay for tutoring, summer programs, tuition to a private or public school online program, counseling, test prep, or textbooks, among other things. The state must allow private organizations to provide those services.
The second option is for states to create a statewide virtual school or another program allowing students to access classes that their regular school doesn’t offer. States can either expand an existing program or create one from scratch.
Tennessee is already seeing the proliferation of virtual providers as long-time troublemaker K12, Inc. is facing stiff competition from Pearson to gobble up state dollars.
DeVos wont’ rest, it seems, until her dream of destroying public education has been realized. In a time of pandemic-induced panic and uncertainty, our nation’s Education Secretary is seeking to disrupt the stability and sense of community provided by public schools.
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A court in Nashville will hear arguments on Wednesday in cases challenging Gov. Bill Lee’s voucher scheme. Specifically, the plaintiffs are seeking to stop implementation of the plan before the 2020-21 academic year.
Here’s more from a press release:
On Wednesday, April 29, Chancellor Anne C. Martin of the Chancery Court for Davidson County will hear oral arguments in two cases challenging the constitutionality of Tennessee’s Education Savings Account (ESA) Pilot Program, the private school voucher law passed in 2019.
The voucher program diverts scarce public education funding to private schools and applies only to Nashville and Memphis students, in violation of several provisions of the Tennessee Constitution as well as state statutes. At the request of Governor Bill Lee, the program will begin issuing vouchers this fall, a year earlier than the law requires.
The plaintiffs in McEwen v. Lee, who are public school parents and community members from Nashville and Memphis, are seeking a temporary injunction to stop the state from implementing the voucher program until the court rules on the constitutionality of the voucher law. Oral arguments on their motion will be heard on Wednesday at 10 a.m. CT.
Also during Wednesday’s hearing, the Court will hear oral argument for summary judgement in a separate lawsuit challenging the voucher law brought by Davidson and Shelby Counties and the Metro Nashville Board of Public Education.
The hearing will be conducted by video conference and live stream. Members of the public can watch online, though a link will likely not be available until shortly before the hearing starts.
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In recent days, I’ve reported on virtual vultures seeking to profit off of the crisis created by the COVID-19 pandemic. Reports have indicated that both Pearson (Tennessee Connections Academy) and K12, Inc. (Tennessee Virtual Academy) are seeking to extend their money grabs by offering their wares as a “solution” for public schools. Now, a report from the Koch Family Foundation-funded Mercatus Center further illuminates this very real privatization plan.
Instead of attempting to create new virtual platforms, school districts and physical charter schools should create public-private partnerships with virtual learning providers. Some private providers are prepared for this arrangement. K12 Inc. and Connections Academy, two of the nation’s largest K–12 online learning companies, have already created resources to assist districts. K12 Inc. has offered district school students access to the company’s online curriculum, while Connections has posted videos online and scheduled webinars to help traditional classroom teachers adapt instruction.
At least one public virtual school has also announced that it can expand its services. The nation’s largest state-based virtual school, the Florida Virtual School, is offering training for state teachers.8 VirtualSC, South Carolina’s online school, is providing similar services.9 According to local media, Florida Virtual School is prepared to increase its capacity to 400,000 students. If demand continues, the school is considering assigning students to certain times of the day to access content, staggering instruction so that servers are not overloaded.
So, go virtual and give private providers more cash with less oversight. We’ve seen how that worked out in Tennessee’s unfortunate embrace of K12, Inc.:
Take, for example, Tennessee, where K12 Inc. has spent between half a million and $1.1 million hiring lobbyists over several years. One of them was chief of staff to former Tennessee governor and current U.S. Sen. Lamar Alexander, who is the chairman of the education committee in the Senate.
The state passed a virtual school law in 2011 that mirrored model legislation written by The American Legislative Exchange Council, or ALEC, an influential conservative think tank. A few schools opened up, including one run by K12 Inc. through a poor, rural school district in the northeastern part of the state.
Since then, K12’s Tennessee Virtual Academy, whose enrollment at one point ballooned to nearly 2,000 students, has been one of the worst-performing schools in the state ever since, but has so far managed to avoid being shut down.
Privatizers want to turn more of our money — and our kids — over to shady operators like K12, Inc. Also, they want ALL the money. Here’s more from Mercatus on “repurposing” current school budgets to direct additional funds to the privatizing predators:
Lawmakers should also allow districts to repurpose taxpayer resources meant for bus routes, food service, and facility maintenance, to name a few, and use this spending to purchase education services from online providers
But what about those pesky IDEA requirements that protect students with disabilities? Well, Mercatus and the privatizers agree with Tennessee’s own Lamar Alexander that “flexibility” should be offered in this regard. Here, flexibility means students with disabilities lose so for-profit prowlers can win:
While this fact sheet already offered school leaders “discretion” and “significant latitude,” the department appears to have erased any uncertainty on March 21 with another memo that said schools should not fear reprisal for good-faith efforts to move classes online, even for children with special needs. The department said, “To be clear: ensuring compliance with the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act should not prevent any school from offering educational programs through distance instruction.”
The privatizers want ALL the money, all the students, and none of the accountability. It’s not a secret. They are saying (and writing) it out loud.
Will Tennessee’s policymakers stand up to the virtual vultures?
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Today, Shelby County Director of Schools Joris Ray announced new additions to his leadership team. Among them, Amity Schuyler, previously the Tennessee Department of Education’s point person on school vouchers. Gov. Bill Lee and his team have been counting on Schuyler to fast-track the state’s voucher scheme.
Here’s the announcement via tweet:
It’s unclear what this means for the future of a voucher program that Lee chose to fund in his emergency budget while cutting a planned investment in public schools.
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Not to be outdone by edu-opportunist Pearson, Tennessee’s favorite virtual vultures over at K12, Inc. are seeking to cash in on the COVID-19 pandemic. Peter Greene reports that K12’s CEO serves on something called the National Coronavirus Recovery Commission — a Heritage Foundation project closely connected to the Trump Administration. When it comes to education policy, this commission has some pretty interesting recommendations.
States should immediately restructure per-pupil K–12 education funding to provide education savings accounts (ESAs) to families, enabling them to access their child’s share of state per-pupil funding to pay for online courses, online tutors, curriculum, and textbooks so that their children can continue learning. Students are currently unable to enter the K–12 public schools their parents’ taxes support. They should be able to access a portion of those funds for the remainder of the school year in the form of an ESA.
So, go ahead and rob public schools RIGHT NOW — while many have moved to alternative models of instruction and are anticipating revenue shortfalls for the next school year due to the economic impacts of COVID-19.
Then, there’s this:
Additionally, state restrictions on teacher certification should be lifted immediately to free the supply of online teachers and tutors, allowing anyone with a bachelor’s degree to provide K–12 instruction online.
Because, of course. Why pay a premium for certified talent when you can capitalize on the legions of Americans now unemployed due to a global emergency?
But, hey, we’ve seen these assholes before. Here’s more (from Education Week) on the K12 story in Tennessee:
Those issues are not unique to online charter schools—full-time online programs run through school districts have run into many of the same problems. And especially for a small, rural school system, the opportunity to enroll students in their district from across the state can offer a powerful financial incentive.
Take, for example, Tennessee, where K12 Inc. has spent between half a million and $1.1 million hiring lobbyists over several years. One of them was chief of staff to former Tennessee governor and current U.S. Sen. Lamar Alexander, who is the chairman of the education committee in the Senate.
The state passed a virtual school law in 2011 that mirrored model legislation written by The American Legislative Exchange Council, or ALEC, an influential conservative think tank. A few schools opened up, including one run by K12 Inc. through a poor, rural school district in the northeastern part of the state.
Since then, K12’s Tennessee Virtual Academy, whose enrollment at one point ballooned to nearly 2,000 students, has been one of the worst-performing schools in the state ever since, but has so far managed to avoid being shut down.
Both Democratic and Republican lawmakers have proposed bills that would have shuttered failing virtual schools. One, sponsored by a Democrat in 2013, was killed in committee, even after the lawmaker produced a leaked email from a K12 Inc. staff member that appeared to instruct teachers to change students’ grades. Lawmakers did go on to approve a bill that session that gave the state education commissioner the power to close a failing virtual school after three consecutive years of poor performance, but they struck language from the bill that would have capped enrollment.
Republican state Senator Dolores Gresham—who sponsored the original legislation to allow virtual schools—introduced a bill in 2015 that would have also cracked down on failing virtual schools, but it never came to a vote.
That same year, Gresham also sponsored a bill to extend the state’s virtual school program through 2019.
That one passed.
When Kevin Huffman, a former state education commissioner, tried to shutter the Tennessee Virtual Academy with the authority given to him under that 2013 legislation, it devolved into a years-long saga. Parents sued state officials to keep the school open and a judge ruled in their favor. The school could stay open through the 2015-16 academic year.
Then K12 Inc. caught another break.
A botched roll-out of Tennessee’s computerized testing system in 2015-16 forced officials to toss out all student testing data. That extended the life of the Tennessee Virtual Academy another year.
K12 Inc. said the school has persisted not because of lobbying on behalf of the management company, but because it should never have been targeted for closure in the first place. Although company officials acknowledge that the Tennessee school has struggled academically, they say the school was unfairly singled out by state education officials.
The experience led Huffman, a staunch supporter of charter schools who is now a fellow at New America, a Washington-based think tank, to shift his stance on full-time online schools and for-profit companies that run them.
“I don’t see evidence of for-profit models that work,” he said in an email to Education Week. “Theoretically, a for-profit operator could run effective schools, but in practice, the top charter school operators are all non-profits, and I don’t think it’s accidental.”
In spite of K12 consistently failing both students and taxpayers in Tennessee, the state’s Treasury Department apparently sees the company as a sound investment:
The Tennessee Treasury Department has INCREASED its stake in problematic virtual school operator K12, Inc. The news comes from a report from market analysts:
State of Tennessee Treasury Department purchased a new stake in K12 Inc. (NYSE:LRN) in the 3rd quarter, according to its most recent filing with the Securities & Exchange Commission. The fund purchased 12,460 shares of the company’s stock, valued at approximately $329,000.
Yes, Pearson wants ALL the money. But, they’ve got some pretty stiff competition from K12, Inc.
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Advocacy Group Public Funds for Public Schools is out with a fact sheet on the impact of school vouchers. Here are some highlights:
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.
READ MORE and find links to all the studies cited.
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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