As the school year began, I wrote about how students at some MNPS high schools were forced into online classes due to a teacher shortage. This impacted students primarily at Antioch, Whites Creek, and Cane Ridge High Schools. According to my sources, it’s still going on to some degree. That is, actual teachers haven’t been found to fill many of the positions that were empty at the beginning of the year. So, the students are taking courses from Edgenuity.

Here’s what I noted about Edgenuity at the time:

Here’s a review of materials developed by Edgenuity for grades 9-12 ELA done by the Louisiana Department of Education. Here’s the short version: Edgenuity received a Tier III (the lowest) rating for the quality of the materials it provided to students for grades 9-12 ELA.

Here’s what Louisiana had to say about Edgenuity’s 6-8 math materials. Also an overall Tier III rating, but mixed reviews depending on grade level and specific learning objective.

Now, there’s a court case about whether virtual classes provide a “substantially equal” educational opportunity for students.

Education law professor Derek Black notes:

The Tennessee Court of Appeals has taken up a fascinating issue regarding students’ access to teachers.  The problem could only arise in the brave new world of computers.  In short,  a student at a Tennessee high school had fallen behind in algebra and end-of-grade assessments were looming.  The school pulled the student  out of the class and placed the student in a computer based credit recovery program.  Apparently, this occurred with several other students.  The student claims that the school did this to help increase its standardized test scores.

The disputed issue in the case seems to be a narrower one: do students have the right to access a teacher?  The plaintiff says yes.  The school’s attorney says no.

And here’s Black’s analysis of the legal issue at hand:

The Supreme Court in  Tennessee Small School Systems v. McWherter, 851 SW2d 139 (1993), held that students have a constitutional right to “substantially equal educational opportunities.”  The underlying facts in the case involved disparities in teacher salaries across the state.  Consistent with the overwhelming social science consensus, the court indicated that “teachers, obviously, are the most important component of any education plan or system.”  Because salary disparities resulted in students having unequal access to teachers, the Court ordered the state on more than one occasion to remedy is system of funding teacher salaries across the state.

So while state statutes may not create any specific property interest in access to a teacher, the state constitution creates a right to equal educational opportunities, which teachers are the most important part of.

And that’s why the situation at these schools is so interesting. The students at Antioch, Cane Ridge, and Whites Creek didn’t sign up for or choose virtual education. They were not offered the same or similar educational opportunity as students at other MNPS high schools — that is, students at most MNPS schools were assigned to an actual teacher who appeared in-person every day to provide instruction. These students were denied that opportunity and assigned to a program of questionable quality.

Why did this happen? One factor (though certainly not the only one) is teacher salaries. Teacher pay in MNPS is simply not competitive relative to the cost of living. It’s definitely not competitive relative to similar districts around the country.

The teacher salary issue is an important one, because it is the issue that drove the Small Schools court decision. In fairness, teachers at Antioch, Cane Ridge, and Whites Creek earn the same salaries as any other Nashville teachers. However, Nashville’s inability to adequately staff schools creates substantially unequal educational opportunity across the district. In fact, the district cited lack of adequate state resources as one reason it joined Shelby County in suing over BEP (Basic Education Program) funds.

It’s difficult to argue that students who signed up for and planned to attend traditional classes and then were forced into online learning were provided educational opportunities that are “substantially equal” to their peers at schools where this did not happen.

How this will be addressed remains to be seen.

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