All the Money, None of the Work

Private school advocates attempting to secure public funding from Governor Bill Lee’s Education Savings Account (ESA) voucher scheme made clear this week they want taxpayer cash without any real accountability. Specifically, Chalkbeat reports these groups, including Betsy DeVos’s American Federation for Children, are resisting proposed rules requiring strict background checks on school employees.


Leaders of the Tennessee-based Beacon Center, the Florida-based ExcelinEd, and the Washington, D.C.-based American Federation for Children say the rule is unclear as written and could force private schools to run background checks that are far beyond the requirements for public schools. Such a mandate, they say, could place an “undue burden” on private schools wanting to participate in Gov. Bill Lee’s education savings account program, as well as on their employees. 


Voucher supporters say they want participating private schools to face the same requirements as their public counterparts when it comes to employee background checks. At the same time, they don’t want private schools to be judged academically using the same state tests used by Tennessee public schools.

While voucher advocates, eager for taxpayer cash, expressed concern about having to follow the rules, a Department of Education representative indicated the rules are clear:


Deputy Education Commissioner Amity Schuyler, who is developing the program on behalf of her department, added that the state’s new law is clear that participating schools must conduct criminal background checks through the Tennessee Bureau of Investigation.

The resistance to employee background checks from voucher advocates comes just months after a horrifying story out of a Nashville charter school in which a student was in a class taught by a substitute teacher who was also the woman who killed that student’s brother:


But that feeling of safety was shattered Friday when the twins had a substitute teacher in their math class. It was Khadijah Griffis, the same woman who had shot and killed their older brother last month.

This incident happened at RePublic Charter School. The school was using a New Orleans-based firm to source substitute teachers.

Additionally, voucher proponents are attempting to avoid accountability when it comes to state tests:

On the testing issue, the proposed rules would allow either Tennessee’s standardized tests or “any nationally normed assessment” already in use when the state determines if a school will be suspended or terminated from the program for poor results by voucher students. The inclusion of national tests was a concession to private schools, which don’t administer state tests. Board member Wendy Tucker expressed concerns last month that the accommodation wasn’t in keeping with the spirit of new voucher law, which requires all voucher students to take annual state tests in math and English language arts to track student performance.

The voucher vultures are making it clear: They want Tennessee taxpayer dollars and they want minimal accountability. While Bill Lee attempts to fast-track this ill-conceived initiative, perhaps the antics of the money hungry DeVos devotees will boost the chances of a budding repeal movement.

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REPEAL

Representative Bo Mitchell of Nashville has filed legislation that would repeal Education Savings Accounts (vouchers), Gov. Bill Lee’s signature legislative achievement from 2019.

The move comes with the House of Representatives now being led by Speaker Cameron Sexton, a long-time opponent of vouchers and supporter of public schools. Sexton told an audience in his home district:


“We should do everything we can to improve all public schools in the state of Tennessee so they can be successful,” he said. “I would rather go that route than the voucher route.”

So far, the voucher repeal bill has only Democratic co-sponsors. It will be interesting to see if Sexton and other anti-voucher Republicans join the effort or put forward their own voucher repeal effort.

While Governor Bill Lee has suggested speeding up implementation of the voucher scheme, Sexton has called for putting on the brakes pending the outcome of an FBI investigation into the House vote on the bill.

It will also be interesting to see if legislators take action in 2020 to address the underlying issues — poverty and funding — impacting school success.

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No Positive Gains

As Governor Bill Lee seeks to accelerate implementation of his school voucher scheme amid an FBI probe into the House vote on the legislation, more evidence is emerging suggesting school vouchers are harmful to students.

Two professors studying the issue offer this analysis in a recent article in The Hill:


Researchers — including several voucher advocates — have conducted nine rigorous, large-scale studies since 2015 on achievement in voucher programs. In no case did these studies find any statistically positive achievement gains for students using vouchers. But seven of the nine studies found that voucher students saw relative learning losses. Too often, these losses were substantial.


For instance, research on Louisiana’s program indicates that when some children performing squarely in the average range use a voucher to enroll in a private school, their scores fall almost to the lowest performing quartile of students overall. And initial hopes that those losses were temporary have not panned out.

Why would Tennessee’s Governor push a voucher scheme he knows won’t work?

It’s because he doesn’t care.

Bill Lee has long been a voucher advocate and ally of and donor to organizations backed by Betsy DeVos.

His service to the DeVos agenda means more to him than doing what’s best for Tennessee kids. Lee is willing to take money from Tennessee public schools and transfer to unaccountable private entities no matter what the evidence says. Here’s why:

The answer is shockingly simple and unsurprising: money. The details, though, reveal an unrelenting push to dismantle America’s public schools. Yes, this story includes familiar characters like Betsy DeVos and the Koch brothers joining forces with a Tennessee cast to advance their vision for our nation’s schools. That vision: Public money flowing to private schools with little regard for the impact on students. In fact, the evidence is pretty clear—vouchers simply don’t achieve their stated goal of helping kids improve academic outcomes. Tennessee’s plan could result in taking more than $300 million away from local school districts to support private entities.

What’s more disappointing is the willingness of members of the Tennessee General Assembly to go along with this charade.

Instead of improving Tennessee’s investment in public schools, our state continues to lag behind — we’re at least $500 million short of properly funding the BEP – the state’s funding formula for schools.

Let me point out again that the authors reference nine studies — in seven, students LOST GROUND academically as a result of accepting vouchers. There were NO POSITIVE GAINS.

Vouchers don’t work. At all.

Governor Lee knows this. His team knows it. The leaders in the House and Senate know it.

They just don’t care. If they did, we wouldn’t see numbers like this year after year:

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Bill Lee’s $200 Million Dream

During the voucher debate this past legislative session, I wrote about Governor Bill Lee’s Arizona Dream. I noted that Lee seemed determined to turn Tennessee into the same type of fraud-riddled education mess that decimated school funding in the Grand Canyon State.

Now, of course, the FBI is investigating Tennessee’s voucher vote. But instead of caution, Bill Lee is hitting the gas pedal and trying to move vouchers into our state even faster.

Let’s take a look at how that’s gone in Arizona:


Last year, nearly $200 million which otherwise would have been in the state’s coffers, money which could have been used to boost our shamefully low education budget, is paying for children to go to private schools.


Private school tuition tax credits, the state’s first voucher program, began in 1999. Back then, before vouchers, 44,050 students attended Arizona’s private schools, about 5 percent of the student population.

How did private school enrollment look in 2015, the most recent year I can find data for? In 2015, the number had risen to 46,250, which is an addition of 2,200 students over 17 years of taxpayer-funded vouchers — about 130 new students a year. That doesn’t sound like the kind growth you should expect given the investment we’re making.



Here’s a math problem for you. If Arizona had 2,200 more private school students in 2015 than in 1999, and in 2015, we spent $150 million on vouchers. How much were taxpayers pitching in for each new student? You’ll probably need to grab a calculator to figure it out, so let me give you the answer. It comes to $68,200 per new student.


$68,000 PER STUDENT.

That’s the cost to advance a voucher agenda that all the evidence indicates will fail the children it is designed to help.

That’s Bill Lee’s Arizona Dream. That’s the scheme he’s trying to foist (quickly) on Tennesseans.

Don’t let anyone tell you Bill Lee is a fiscal conservative who cares about protecting taxpayer dollars.

Here’s what his agenda makes clear: Bill Lee wants to take YOUR tax dollars and spend them on private entities regardless of outcome. Just because.

That’s bad policy. It’s fiscally irresponsible. It tells you all you need to know about Bill Lee.

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The Voucher Fight in Tennessee

In this piece for The Progressive, I detail the persistence of those interests seeking to privatize our public schools — not just in Tennessee, but around the country.

When a popular governor passes a top legislative priority in his first year in office, one might anticipate that the initiative enjoys broad public support. Not so in Tennessee, where Republican Governor Bill Lee secured passage of a school voucher scheme, referred to as Education Savings Accounts. In fact, recent polling suggests only 40 percent of Tennesseans support school vouchers. Five previous attempts to pass some sort of voucher plan have failed, opposed not only by the handful of Democrats in the General Assembly, but also by a significant number of Republicans (mostly representing rural districts).

How did such an unpopular idea become a top priority of a popular governor? Why did the legislature give approval to the use of public money for private schools in 2019 when a bipartisan group of lawmakers had blocked such legislation in the past?

The answer is shockingly simple and unsurprising: money. The details, though, reveal an unrelenting push to dismantle America’s public schools. Yes, this story includes familiar characters like Betsy DeVos and the Koch brothers joining forces with a Tennessee cast to advance their vision for our nation’s schools. That vision: Public money flowing to private schools with little regard for the impact on students. In fact, the evidence is pretty clear—vouchers simply don’t achieve their stated goal of helping kids improve academic outcomes. Tennessee’s plan could result in taking more than $300 million away from local school districts to support private entities.

Prior to 2019, there were five consecutive attempts by voucher advocates—including DeVos’s American Federation for Children—to pass privatization schemes in Tennessee. All five of those attempts were met with defeat. In fact, the losses were so bad that a number of contract lobbyists hired by Team DeVos quit.

Despite these setbacks, the privatizers were undeterred heading into 2019. Their secret: Incoming Governor Bill Lee.


Prior to his election to the state’s highest office, Lee ran his family’s HVAC company, one of the largest in middle Tennessee. He was a reliable contributor to GOP campaigns and also a strong supporter of the Tennessee arm of American Federation for Children. The signs he’d be making an aggressive voucher push were readily apparent with his early staff hires. Both his policy director and his legislative director had been former staffers of pro-voucher groups.

While Lee was clearly in the pocket of DeVos, he’d need help to convince the legislature to pass an unpopular plan that had failed so many times before. Enter new House Speaker Glen Casada. Casada, a vocal supporter of vouchers, seemed likely to give Lee the legislative victory he wanted, and apparently, he was willing to do so at any cost.

At the time the voucher plan reached the house floor, it appeared to be in trouble. Contentious committee debates indicated faltering support. It was unclear the bill had the needed fifty votes to advance. In fact, when the bill was finally voted on, only forty-nine members voted in favor. It appeared vouchers would again be defeated, even with last-minute tweet-support from Donald Trump. Then, Casada made the unprecedented move of holding the vote open for more than thirty minutes while he conducted “conferences” with members of his caucus who had been recorded as voting against the measure. Finally, Knox County’s Jason Zachary switched his vote and the bill passed, 50-48. Zachary indicated he’d been assured Knox County would be taken out of the final bill.

Zachary’s comment was a familiar refrain among lawmakers who had campaigned in opposition to vouchers but voted in favor. Time and again, rural Republican legislators would announce to constituents that while vouchers were “not right” for their districts, the bill would only apply to Memphis and Nashville. Interestingly, the legislative delegations from those two cities were strong in their opposition to vouchers.

Casada’s strong-arm tactics weren’t the only tools being used to sway votes. Pro-voucher groups backed by funds from Americans for Prosperity ran Facebook ads attacking Republican lawmakers who voted against voucher legislation during the committee process. The ads included text that listed the lawmaker’s name and said they “failed to stand with Donald Trump and Gov. Bill Lee, siding against Tennessee families and their right to access a high-quality public education.”

The FBI is now investigating the house vote that led to the passage of the voucher bill. There’s also an FBI investigation into the campaign finances of the senate sponsor of the bill. And Casada? He’s announced his resignation due to a scandal that earned the attention of John Oliver.

But no matter the outcome of these investigations, backers of school privatization can claim public policy victory. It took a new governor, an unscrupulous house speaker, and untold dark money dollars, but after six attempts, Tennessee now has a school voucher plan—one that could shift more than $300 million away from public schools in the state.

The lesson from Tennessee is clear: Advocates for public education face privatization forces with vast resources and patience. The fight is going to be a long one.

Read this story and more about the fight for America’s public schools at The Progressive.

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Vouchers Already Impacting Teacher Pay, School Resources

A story out of Coffee County explains how Governor Bill Lee’s voucher scheme (currently under investigation by the FBI), is already impacting teacher pay raises and resources dedicated to public schools:

The day it passed in the senate, April 25 (May 1 for an amended version), the Coffee County Board of Education expressed their concerns and decided it would be more frugal to give their faculty a 1 percent raise instead of a 2 percent raise. This decision had multiple factors involved, including balancing the budget, but the uncertainty of the vouchers was part of the discussion, Aaron explained.

In Manchester, the Board of Mayor and Aldermen did not pledge money in their 2019-20 budget to assist College Street Elementary School with renovations due, in part, to the uncertainty of the voucher program as well. Alderman Ryan French pointed out the program has the potential to decimate Average Daily Attendance (a facet of BEP), which will reduce funding and therefore put more strain on the local population.

It’s still unclear what the total cost of Lee’s voucher scheme will be should it be fully implemented. Some estimates put the cost at more than $300 million. That’s a significant hit to the state’s school funding formula. Even at the conservative end of the scale, a total cost of around or just above $100 million would mean a significant loss to all districts across Tennessee. To put that amount in perspective, $100 million would fund a four percent raise for all of Tennessee’s teachers.

Lee has already demonstrated he prefers to spend money on voucher schemes and charter schools instead of teacher salaries. His initial budget proposal provided a big boost for charter school facilities while offering only a minor increase in funding for teacher salaries.

Previous analysis indicates that even if the voucher program grows only modestly, the impact to all school systems will be significant:

Nearly 15,000 students who never attended public school suddenly receiving vouchers would mean a state cost of $98 million. That’s $98 million in new money. Of course, those funds would either be new money (which is not currently contemplated) or would take from the state’s BEP allocations in the districts where the students receive the vouchers.

In other words, don’t believe the lie that just because your school district isn’t in the current voucher plan, vouchers won’t impact your schools. They absolutely will. Taking $100 million off the table means a big hit to the BEP formula, a plan that already struggles to meet the needs of our state’s schools.

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SOLD!

Governor Bill Lee and his school privatization friends Betsy DeVos and Lee Beaman scored a major victory today as school voucher legislation passed the House on a 50-48 vote and earned approval in the Senate Finance Committee by a vote of 6-5.

The measure advanced in the House after an apparent 49-49 tie vote on the initial tally. After holding the vote open for nearly 40 minutes, Speaker Glen Casada and Majority Leader William Lamberth were able to convince Rep. Jason Zachary (R-Knoxville) to switch his initial NO vote to a YES. No word on what commitments or rewards Zachary secured in exchange for his betrayal of Knox County — a district directly impacted by the voucher legislation. It’s worth noting the school board in Knox County was one of the first in the state to speak out against vouchers and Knox County parents and teachers protested Bill Lee on his latest visit to the area because of Lee’s support for vouchers. Still, Zachary changed his vote after a back porch meeting with Casada, so it’ll be interesting to see how he explains that.

Over in the Senate, the voucher bill looks somewhat different. Just one week ago, Senator Todd Gardenhire of Chattanooga indicated his opposition to the Governor’s voucher scheme. Today, the bill passed 6-5 with Gardenhire voting in favor. Some changes were made, ostensibly to secure Gardnehire’s support.

Now, the Senate bill heads to the floor on Thursday (4/25). The Senate and House versions have some key differences, so even if it secures Senate passage, those changes will likely be worked out in a conference committee. Given the extremely close House vote, those changes could spell trouble for the ultimate voucher package.

The question remains: What did Jason Zachary get in exchange for his YES vote?

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Voucher Expansion

Opponents of Governor Bill Lee’s school voucher scheme have long argued that once the program starts, it will expand significantly and take up ever larger chunks of state education funding. Turns out, the plan hasn’t even been enacted yet and it is already expanding.

Erik Schelzig of the Tennessee Journal reports that the Senate will consider an amendment that would allow the program to grow to 30,000 and will include homeschool students:


Just as in the House bill, the program would be capped at 5,000 students in the first year, followed by increments of 2,500 in the next four years. But while the lower chamber’s bill envisions limiting the pilot program at 15,000, the Senate bill would continue to allow the program to grow by 2,500 students each ensuing year until it reaches an enrollment of 30,000.

At today’s funding levels, that’s a total annual cost of $219 million at full implementation. That’s $219 million NOT available to fill in the gaps of the BEP or raise teacher pay, for example.

Additionally, the Senate envisions removing the requirement that students receiving voucher dollars take at least the math and ELA parts of TNReady. Instead, schools could administer a nationally norm-referenced test of their choosing.

Ironically, education advocates have for years suggested the state allow local school districts the flexibility to choose an alternative test to replace the failed TNReady. Instead, education policy leaders in our state stubbornly hold on to the idea that everything will eventually be “just fine” with testing.

As of this writing, the House version passed another subcommittee on the march toward the House floor. The Senate is scheduled to take up the expanded version this afternoon.

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TN CEC Opposes Vouchers

The Tennessee Council for Exceptional Children (CEC) has announced opposition to school vouchers even as the legislative debate on the issue moves forward. Here’s a general statement from CEC on vouchers and an explanation of the reasons for CEC’s opposition.

CEC opposes school vouchers for children and youth and those with disabilities as being contrary to the best interests of children and youth and their families, the public school system, local communities, and taxpayers. Further, CEC believes that vouchers both contradict and undermine central purposes of civil rights laws designed to protect children and youth with disabilities

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Inconvenient Facts

As Governor Lee’s school voucher proposal begins its legislative journey today, the Tennessee School Boards Association (TSBA) is out with some key facts about the bill as it is currently constructed. These facts expose the plan for what it is: A large scale transfer of public money to fund unaccountable private schools. The plan fails to significantly address fraud and fails to hold schools receiving taxpayer dollars to the same standard as our state’s traditional public schools must meet.

Here’s more from TSBA:

EDUCATION SAVINGS ACCOUNTS (ESA)
This week, the the Administration filed Amendment 005240 to HB939/SB795 by Lamberth/Johnson, a caption bill, which is the Governor’s Education Savings Accounts (ESA) proposal. Click here to view the Amendment. There has been much speculation and reporting over the last several weeks about the details of the bill and we finally have the specific language. Some noteworthy provisions of the ESA bill are as follows:

  • Accountability. The accountability of participating ESA providers was a point of emphasis for many legislators. The Governor’s proposal only requires the ESA student to participate in annually administered TCAP tests for math and English language arts. There is no requirement for standardized or end-of-course testing in science, social studies, the Governor’s civics program, or the ACT, which is required in 11th grade. Public dollars will pay for education that is inconsistent with what the General Assembly has mandated of public schools. Recent emphasis on accountability has made Tennessee one of the fastest improving states in education. This ESA proposal abandons those efforts. 
  • Zoning. An eligible student must be zoned to attend an LEA with 3 or more schools among the bottom 10%. However, there is no requisite time period for the student to have been zoned in that LEA. It appears a student could move to a qualifying LEA and immediately be eligible for the ESA program. 
  • Postsecondary Funding. The bill defines a “legacy student” as a student who had graduated high school and has funds remaining in their ESA account. A legacy student can utilize the remaining funds for approved postsecondary expenses. This may create an unintended incentive for participants to minimize early education costs in order to save the funds for college. 
  • Approved Expenses. Among the approved expenditures for ESA funds are contributions to a § 529 college savings educational investment trust account. However, there is nothing in the bill that requires the student/parent to actually use the fund for college or that prohibits withdrawal from the college savings account. In theory, a parent could apply all ESA funds from K-12 (approximately $100,000) to a § 529 account, then decide not use the funds for college and pocket the money, subject to withdrawal penalties. 
  • Return to the LEA. A participating student may return to the LEA at any time, at which point, the ESA would be closed and any remaining funds returned to the state. However, there is no requirement that any balance remain in the ESA at the time of return. An ESA participant could use all disbursements up to that point (e.g. approved computer hardware or other technological devices) and return to the LEA without penalty, at which point the LEA bears the entire financial burden of educating the child for the remainder of the school year. 
  • Enrollment Limit. Enrollment is capped at 5,000 in the first year, but will triple to 15,000 by the fifth year and grow by 1,000 each year thereafter, assuming sufficient applications are submitted. The Governor plans to budget $25 million in each of the next three years to fund the anticipated first year of implementation in 2021-2022. It is difficult to image how this ESA program with a maximum enrollment could be funded in five years without significantly reducing the funds available for public education. 
  • LEA Reimbursement. The Governor’s proposal was reported to include a reimbursement model to compensate LEAs for loss of funds associated with ESAs. While the bill creates an annual grant to reimburse LEAs in the amount of BEP funds diverted to ESAs, it limits the reimbursement period to 3 years and restricts the use to school improvements. Following that 3 year period, the grant funding will go exclusively to priority schools. This begs the question, how are LEAs supposed to compensate for the loss of funding due to ESAs? There is no indication that any funding will be provided for the loss after year 3 of the program. 
  • Fraud Prevention. Other states with ESA programs have experienced rampant fraud. Some states only provide funds on a reimbursement basis after receipts are provided. The Governor’s proposal, on the other hand, requires the department to fund the ESA account at least quarterly and not on a reimbursement basis. The Department of Education is required to establish a fraud reporting service and may contract or conduct random, quarterly or annual review of accounts, but it is unclear exactly what monitoring and auditing procedures will ensure appropriate use of ESA funds. 

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