Opposition to ESAs

JC Bowman of Professional Educators of Tennessee released the following statement today as Governor Lee’s voucher legislation received approval from the House Education Committee:


Professional Educators of Tennessee remain opposed to Education Savings Accounts (ESAs). We know litigation awaits on the constitutionality of the legislation, should it ultimately pass into law. However, it is an opportunity for us to reaffirm our commitment to public education. We believe that the historic accomplishments of public schools in Tennessee demonstrate the incredible job our educators are doing across the state. We acknowledge there are small pockets where success has not been as fully realized. That makes us even more determined to prove Tennessee public schools can meet any challenge and help prepare the necessary workforce to keep up with Tennessee’s growing economy. Professional Educators of Tennessee believes public education will continue to be the best choice for parents and students in our state.

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Bill Lee’s Arizona Dream

Governor Bill Lee is moving to create a state charter school authorizer that would usurp the authority of local school boards. The plan would allow charter operators to apply directly to the state board rather than utilizing the local and state accountability measures currently in place in Tennessee.

The idea is strikingly similar to the state authorizer that helped start charter schools in Arizona in the 1990s. I’ve included some excerpts of the Arizona Republic’s reporting on charter schools in that state. The state authorizer has proven to be an avenue for shady operators to gain access to public funds for nefarious purposes. Perhaps the same fate awaits Tennessee should lawmakers travel down this road.

On a state authorizer:

It provided that charter schools could be established to improve student achievement and provide additional academic choices.At the recommendation of a friend in Colorado, it created the Arizona State Board for Charter Schools.

The board was given conflicting responsibilities: Not only would it oversee the new schools, it would also promote them.

Early Fraud:

Citizen 2000 was one of Arizona’s original 46 charter schools. Its founder and operator, Lawndia White Venerable, claimed that almost 500 students had signed up. It looked like an early success story for a charter that was on its way to becoming a longstanding institution.


A few months into the school’s first year, state officials opened an investigation into the school. A state audit said Venerable had used more than $126,000 in state money to buy jewelry and to make a down payment on her mother’s house. The state Board of Education review found the school violated record-keeping, cash-control and bidding rules. Its enrollment figures had been inflated.

And Now:

For example, Damian Creamer paid himself $10.1 million the past two years running Primavera online charter school, where state records show 49 percent of the kids dropout. State lawmaker Eddie Farnsworth will make $13.9 million selling his Benjamin Franklin charter schools to a non-profit company he created. And American Leadership Academy founder Glenn Way made at least $18.4 million from no-bid contracts to build classrooms for ALA.

When you combine his desire for a state charter authorizer with his push for vouchers, it seems clear Bill Lee is working overtime to undermine Tennessee public schools.

The Tennessee General Assembly can, of course, oppose these privatization efforts. Key votes are happening on both fronts in the coming days. Stay tuned …

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Voucher Opposition Grows Ahead of Key Vote

The House Education Committee will take up Bill Lee’s voucher proposal tomorrow at 8:00 AM. Ahead of this pivotal vote, groups across the state are expressing opposition to the plan. The Tennessee Education Association, TN Parent Teacher Association, and Pastors for Tennessee Children joined in the following press release announcing opposition:

The Tennessee Education Association, Tennessee Parent Teacher Association and Pastors for Tennessee Children stand united in opposition to any form of education savings account voucher programs. As legislators consider the administration’s voucher proposal this week, it is important that they know teachers, parents and faith leaders are adamantly opposed to privatizing our public schools.

“Our state constitution is clear that our elected leaders have an obligation to provide all Tennessee children with access to a quality public education,” said Beth Brown, TEA president and Grundy County High School teacher. “Moving forward with any form of voucher program abandons our commitment to our most vulnerable students. Details of the current voucher proposal reveal the administration’s intentions to provide entitlements to families living comfortably and already able to afford private school tuition. If passed, this ESA program would starve public schools of millions in funding and dramatically worsen the inequities in public education.”

TEA is just one of numerous organizations with serious concerns about Gov. Lee’s voucher plan. With details of the plan indicating that more than $100 million in taxpayer money will be allocated to pay for a program proven in other states to be fraught with abuse and fraud, parents and faith leaders are standing with educators to oppose ESAs.

“Tennessee PTA advocates for all children and for the improvement of public education,” said Cheryl Floyd, Tennessee PTA president. “Tennessee PTA believes that no one educational program is best for all children and supports educational choices which improve outcomes within public schools. Voucher programs have proven ineffective in improving student outcomes, lack accountability to taxpayers and students, divert funds away from public schools, and place the individual rights of students at risk. The governor’s proposed education savings accounts are just another form of vouchers.”  

“Vouchers, especially for the wealthy, are a corruption of God’s common good, and the use of vouchers to underwrite religious schools is a violation of religious liberty,” said Rev. Terry Ladd, pastor at First Baptist East Eighth Street Chattanooga and Pastors for Tennessee Children founding member. “Pastors for Tennessee Children supports the provision of high-quality public education for all children, as a crucial civil rights issue. Vouchers will damage public education in our state.” 

Brad Fiscus, a Williamson County School Board member, lay minister with the United Methodist Church and founding member of Pastors for Tennessee Children, added, “Voucher programs historically have proven to serve students from wealthy families at levels higher than students from low-income families. As a result, vouchers promote segregation and centralization of resources to those who already have the most access.”

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Lee Laments Inability to Articulate a Clear Message

Despite dressing up in farmer clothes and standing next to actual farm equipment every Saturday, Bill Lee still hasn’t been able to overcome significant skepticism about his scheme to use public funds to pay for private schools — a plan he’s calling “Education Savings Accounts.”

Erik Schelzig of Tennessee Journal has more on Lee’s bafflement over school voucher messaging gone awry:


But a lot of the confusion about the proposal comes from members of Lee’s own party. For example, freshman Rep. Robin Smith (R-Hixson) took to twitter to declare a news account a “pure lie” for stating the education savings account, or ESA, program would also apply to students who don’t currently attend failing schools. It would.


Fellow freshman Rep. Scott Cepicky (R-Columbia), a member of the House Education Committee scheduled to vote on the bill this week, said in a Facebook post that “because of the risk of fraud, as seen in other states with Educational Savings Accounts, homeschooling is not allowed in this bill.”


That’s in contrast to what Lee said last week when reporters asked him whether home-schooling would qualify for the ESAs.
If a family is in the district that qualifies, and they are currently in a public school, then they would qualify for an ESA,” Lee said.

Here are some important facts about Governor Lee’s voucher people from the Tennessee School Boards Association – a group that has actually read the bill. It’s not yet clear whether Lee has, in fact, read his own bill or even if members of his own party are reading actual legislation, or just spouting off talking points in order to confuse the issue.

What is clear: Bill Lee and his “team” aren’t quite on the same page. Of course, it may not matter, as they seem to have some tricks up their sleeves.


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Byrd in the Hand

Bill Lee has had his eye on the privatizing of Tennessee public schools long before he became Governor. However, when he announced his “Education Savings Account” plan along with a state charter authorizer that would undermine local school boards, many predicted he’d face some difficulty this legislative session. Turns out, Lee may have a Byrd in the hand by way of a clever move to gain a vote for his ill-designed plan.

Recently, Governor Lee met with one of the women who has accused state representative David Byrd of inappropriate sexual conduct when he was her high school basketball coach. Byrd apologized directly and has not denied the conduct. Lee refused to condemn Byrd or suggest he resign. This despite former House Speaker Beth Harwell calling on Byrd to resign and current Lt. Governor Randy McNally have called for Byrd’s resignation in 2018 and more recently, suggesting an ethics investigation might be in order.

Why is Bill Lee reluctant to make a strong statement on Byrd? Well, Erik Schelzig of Tennessee Journal may have the answer:

The charter authorizer bill advanced out of that committee on a 13-9 vote, but only after House Speaker Glen Casada (R-Franklin) came to the panel to personally intervene. Casada was able to get several freshman Republican who voiced concerns about the measure to get on board.

The bill also got the support of embattled Rep. David Byrd (R-Waynesboro), whom school choice advocates have tried for years to to defeat because of his support for traditional public schools.

By all accounts, Lee is working overtime to get the votes he needs to pass his voucher plan. With Byrd’s support, Lee may be able to move the plan one step closer to final passage. Some have suggested Lee won’t criticize Byrd as long as Byrd goes along with a plan to devastate the state’s public school systems.

The next vote on vouchers is Wednesday at 8:00 AM in the full House Education Committee. David Byrd sits on that committee and his vote could be pivotal. Does Bill Lee really have a Byrd in the hand?

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This is Success?

What happens when legislators stand up for their local public schools and also support accountability in charter schools?

They get attacked as tools of “Hillary Clinton’s NEA.”

That’s exactly what happened when two Republican lawmakers opposed Governor Bill Lee’s proposal to allow charter schools to circumvent local school boards.

Supposedly non-partisan group Tennesseans for Student Success immediately went on the attack against Mark Cochran and Chris Hurt.

Apparently, being for student success also means being ok with outright lies and deliberate deception in order to advance an agenda detrimental to the actual success of our state’s public schools.

Here are those ads:

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Amy Frogge on Vouchers

Nashville school board member Amy Frogge talks about a key vote on Governor Bill Lee’s voucher plan — a vote scheduled for Wednesday, March 27th.

HEADS UP, everyone! THIS IS IT. Vouchers will be up for a key vote this coming Wednesday, March 27th, at 8 am in the full House Education Committee, and this is our best chance to stop them in Tennessee. IT IS SUPER IMPORTANT THAT WE ACT NOW.

Here’s information on the bill: HB 939/SB 795 would create a new form of vouchers in Tennessee called Education Savings Accounts (ESAs). ESAs have been described as “vouchers on steroids.” This proposed legislation is targeted not toward “children trapped in failing schools,” but toward wealthier families, with virtually no regulation or public accountability. Vouchers would be available in any district containing at least three schools in the bottom 10% of schools in the state, but vouchers would be made available to ALL students in that district, including those enrolled in high-performing schools and private schools. Families making up to around $100,000 per year would be eligible for the voucher, and private schools would not be required to accept the voucher as payment in full. This means that more affluent families with children already enrolled in private schools could use the voucher to help offset their current payments for private school. It will also allow students to cross county lines with their vouchers, which could wreak havoc on many rural school districts.

Local school districts will have to pay for the bulk of these vouchers. (For example, in Davidson County, the state would pay only about $3,600 toward the cost of the voucher, while Davidson County would be required to pay about $8,100 per voucher.) On top of this, the state would withhold a 6% management fee for the voucher program. The governor has claimed that a limited amount of funding will be available to school districts to help offset the cost of the vouchers for three years, but this money could be revoked at any time- and worse, vouchers will create ongoing recurring costs that school districts will be unable to cover for an indefinite period of time.

Once the door to vouchers has been opened, it cannot be shut. Under this legislation, vouchers would become an entitlement for upper middle class private school parents and homeschool parents.

HERE’S HOW YOU CAN HELP:

1. We need as many people as possible to attend the hearing. It will be in House Hearing Room 1 of the Cordell Hull Building.

2. Contact members of the committee NOW, and encourage your friends to do so. (Obviously, constituents of these members will make the greatest impact.)

Mark White, Chair 615-741-4415
rep.mark.white@capitol.tn.gov

Kirk Haston, Vice Chair 615-741-0750
rep.kirk.haston@capitol.tn.gov

Debra Moody 615-741-3774 rep.debra.moody@capitol.tn.gov

Charlie Baum 615-741-6849 rep.charlie.baum@capitol.tn.gov

David Byrd 615-741-2190
rep.david.byrd@capitol.tn.gov

Scott Cepicky 615-741-3005
rep.scott.cepicky@capitol.tn.gov

Mark Cochran 615-741-1725
rep.mark.cochran@capitol.tn.gov

Jim Coley 615-741-8201
rep.jim.coley@capitol.tn.gov

John DeBerry, Jr. 615-741-2239 rep.john.deberry@capitol.tn.gov

Vincent Dixie 615-741-1997 rep.vincent.dixie@capitol.tn.gov

Jason Hodges 615-741-2043
rep.jason.hodges@capitol.tn.gov

Chris Hurt 615-741-2134
rep.chris.hurt@capitol.tn.gov

Tom Leatherwood 615-741-7084 rep.tom.leatherwood@capitol.tn.gov

Bill Dunn 615-741-1721 rep.bill.dunn@capitol.tn.gov

Harold Love, Jr. 615-741-3831
rep.harold.love@capitol.tn.gov

Antonio Parkinson 615-741-4575
rep.antonio.parkinson@capitol.tn.gov

John Ragan 615-741-4400
rep.john.ragan@capitol.tn.gov

Iris Rudder 615-741-8695
rep.iris.rudder@capitol.tn.gov

Jerry Sexton 615-741-2534
rep.jerry.sexton@capitol.tn.gov

Kevin Vaughn 615-741-1866
rep.kevin.vaughn@capitol.tn.gov

Terri Lynn Weaver 615-741-2192
rep.terri.lynn.weaver@capitol.tn.gov

Ryan Williams 615-741-1875
rep.ryan.williams@capitol.tn.gov

John Mark Windle 716-741-1260
rep.john.windle@capitol.tn.gov

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Bill Lee’s BEP Lies

Is the BEP fully funded? Bill Lee wants you to think so. A recent Tennessean story calls this issue into question, however. Taking into account the reality of the BEP is more complicated, but the bottom line answer is this: No, Bill Lee’s budget does NOT fully fund the BEP and he and his staff should know better.

The Tennessean points out that despite new investments from Governor Haslam and now Governor Lee, educators are not happy with the adequacy of the state’s funding formula.

There is good reason to be concerned. For example, Tennessee is now investing less per pupil than we did in 2010:

To translate, in 2010 (the year before Bill Haslam became Governor), Tennessee spent an average of $8877 per student in 2016 dollars. In 2016 (the most recent data cited), that total was $8810. So, we’re effectively spending slightly less per student now than in 2010. The graph indicates that Tennessee spending per student isn’t really growing, instead it is stagnating.

It’s also worth noting that our teacher salary increases aren’t matching national averages:


Average teacher salaries in the United States improved by about 4% from the Haslam Promise until this year. Average teacher salaries in Tennessee improved by just under 2% over the same time period. So, since Bill Haslam promised teachers we’d be the fastest improving in teacher pay, we’ve actually been improving at a rate that’s half the national average. No, we’re not the slowest improving state in teacher pay, but we’re also not even improving at the average rate.
By contrast, states like California and North Carolina have seen increases of over 9% over the same time period, making them the two fastest improving states. Vermont is close behind at just over a 7% total increase.

While talking about teacher salaries, it’s important to note the BEP does NOT fully fund teacher pay and in fact, funds a level far below the actual average cost of hiring a teacher:


As for teacher compensation, the state pays 70% of the BEP calculated rate — which is now $46,225. The good news: That calculated rate has been increasing in recent years. The bad news: That rate is still $7000 LESS than the average teacher compensation paid by districts in the state.
What does this mean? It means districts have to make up a big difference in order to maintain their level of pay. As one example, Nashville is struggling to pay teachers on par with similar cities nationally. Based on current BEP formula allocations, funding teaching positions at the actual average rate would mean MNPS would receive an additional $21 million for teacher compensation. Those funds would certainly help close the pay gap that plagues the system.

Then, of course, there are unfunded or underfunded mandates. One example, RTI – Response to Intervention:


One possible solution would be to embed funding for school-level RTI2 specialists in the state’s funding formula for schools, the BEP. In fact, Rep. Joe Pitts offered legislation that would do just that last year. His plan would have added funding for three RTI2 specialists at each school for a total projected cost of $167 million. Commissioner McQueen was quick to shoot that idea down and came back this year with the funding proposal of $13 million, or one specialist per district. That’s only $154 million short of adopting a plan that would actually meet the needs of a program many suggest is an important way to improve educational outcomes for Tennessee students.

Our own Comptroller, a Republican, also indicates the state is significantly behind where it should be to adequately fund the BEP:


The Comptroller’s Office of Research and Education Accountability is out with a new report that suggests Tennessee is underfunding its schools by at least $400 million. That’s because the BEP (the state’s funding formula for schools) fails to adequately fund education personnel.

Finally, it’s worth noting that Bill Haslam created a fake BEP task force designed to let him out of the responsibility to adequately fund schools and then effectively froze BEP 2.0. In that sense, it’s actually inaccurate to say our state is “fully funding” the BEP. In fact, we’re funding “growth only” in a frozen formula. Facts matter. History is difficult, I know. But those talking about this issue would do well to cite the recent history in their reporting.

Enter Governor Bill Haslam. He appointed his own BEP Task Force independent of the statutorily mandated BEP Review Committee. At the time, I speculated this was because he didn’t like the Review Committee’s recommendations and its insistence that the state was at least $500 million behind where it should be in education funding.

Now, he’s proposing a “BEP Enhancement Act.” This so-called enhancement is sailing through the General Assembly. It is seen as the most likely vehicle to get money to rural districts and in a year when education funds are increasing, why sweat the details?

As I’ve written before, a few districts lose significantly in the move because it eliminates the Cost Differential Factor (CDF).

It also freezes BEP 2.o. Gone are the dreams of full funding of this formula. The law makes permanent the 70% state funding of BEP-generated teaching positions and funds teacher salaries at a rate well below the state average salary.

Someone should tell Bill Lee and legislative leadership about this. They keep going around repeating the lie that the BEP is “fully funded.” The truth is quite different. I suspect Lee’s staffers know the reality, and are just not telling him. Alternatively, they don’t know the facts — in which case, they don’t deserve their jobs.

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Testing Flexibility

Tennessee state representative Terry Lynn Weaver (R-40) and Professional Educators of Tennessee Executive Director JC Bowman offer thoughts on the need for testing flexibility.

In Tennessee, we appreciate straight talk and candor. So, to the point: statewide testing has taken a wrong turn in public education, not to mention Tennessee has failed in our statewide testing administration since 2012. Now we are about to start over, possibly with a new vendor. There is no guarantee this will work any better than previous attempts.

At no point were any of the previous testing problems the fault of students or educators in Tennessee. The state has simply failed students, teachers, parents, and taxpayers. We understand mistakes are made by individuals, by companies, and even by our government. Clearly, there is a problem with testing in Tennessee. It is a flawed testing system, which could be addressed if we were to pilot innovative approaches that encourage our schools and their communities to work together and design solutions without bureaucratic hurdles. That would be a sensible strategy to pursue.

This is why some legislators have argued for allowing LEAs to use the ACT, ACT Aspire, or SAT Suites as a means of assessment. This request continues to be asked for by several high-performing districts across the state frustrated by state failures. We must also break down the bureaucratic barriers that have kept educators and school districts from pursuing solutions to the unique challenges of their communities. We should pursue reliable tests that provide accurate feedback for educators, parents, and students, or perhaps allow districts the opportunities to use these alternative assessments.

The current testing culture has killed the enthusiasm of many educators. No single test should be a determinant of a student’s, teacher’s or school’s success. Although we need testing to measure the progress of our students, we should recognize that these tests are often unreliable in evaluating teachers and schools. True measurement of progress should instead consist of several benchmarks, not just testing. However, testing goes beyond the purposes of entrance or placement into courses in postsecondary education or training programs.

With each testing failure, educators and districts have unfairly been the ones who bear the brunt, quite unfairly, of parental anger. Students also suffer, with everything from loss of instruction time to not understanding their educational progress. When we make education decisions on the basis of unreliable or invalid test results, we place students at risk and harm educators professionally. This is especially unfair to the hardworking teachers in our state.

We must listen to educators on the ground, and continue to champion innovation in public education. Educators want that chance to be inventive, and they understand the need to challenge the status quo to get results for the students in their community. Therefore, the state should not stand in the way of any LEA that wishes to use an alternative that is comparable to state-mandated assessment. The LEA should be required to notify parents or guardians of students that the LEA is using an approved testing alternative. In addition, the LEA, before using an approved testing alternative, should be required to notify the Tennessee Department of Education, in writing, of the grade level and subject matter in which the LEA intends to use an approved testing alternative. Senator Mark Pody and Representative Clark Boyd have proposed legislation (SB1307/HB1180) to allow districts this testing flexibility. It is similar to legislation that Senator Janice Bowling and Representative Terri Lynn Weaver have introduced previously (SB488/HB383).

High-quality assessments convey critical information for educators, families, the public, and students themselves and create the basis for improving outcomes for all learners. However, when testing is done badly or excessively, it takes important time away from teaching and learning and limits creativity from our classrooms. It is important that Tennessee improves postsecondary and career readiness for all Tennessee students. Flawed testing does not move us toward that goal. It is time we allow our districts the flexibility that they have requested.

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Unable to Verify

As TNReady prepares to start in a few weeks, more reassuring news from the Tennessee Department of Education.

Here’s the story, as reported by the Tennessean:


Tennessee education officials haven’t been able to verify if Questar Assessment, the state’s TNReady vendor, has the capacity to serve all test takers in the coming weeks. 


According to Education Commissioner Penny Schwinn, “flu and floodings” that impacted schools have prevented the department from running two verification tests ahead of statewide testing in April.
“We had one verification test and too many schools were closed, and we had another verification test and didn’t have enough schools because of flus and flooding,” Schwinn, who started her job in February, said. 

After a year of testing marked by hackers and dump trucks, it would seem the TNDOE would do more to ensure tests were ready this year. Or, even better, just take the year off and work to get testing “right” with a new vendor in 2019-20.

Instead, they push forward. So far, unable to verify the testing platform will work in spite of reports that practice tests aren’t always going so well.

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