When School Choice Isn’t About Choice at All

The people pushing “school choice” actually want only one choice

The same people banning books from schools and seeking to ban Pride flags are the ones pushing “school choice.”

Thing is, they don’t want actual choices. They want all schools to conform to their narrow vision.

Peter Greene offers some insight:

This is not about choice. It’s about capturing the education system so that young humans can be taught the correct way to behave and think. It’s about trying to eradicate a way of thinking and being that folks on the right disapprove of. 

He adds:

And there’s an absolutely ridiculous piece of “scholarship” from the Heritage Foundation trying to discredit charter schools for being woker than public schools, because choice is supposed to provide a variety of educational viewpoints, except not Those Viewpoints.

When someone like Ron DeSantis or Ryan Walters tells you that he favors school choice and he also favors making illegal all references to certain “divisive topics” and gender stuff, he is telling you that all his talk about school choice is bullshit. 

See also: Tennessee’s Gov. Bill Lee:

Lee made clear his preference for Christian Nationalism as the driving force for education “reform” in Tennessee in his 2022 State of the State Address.

Since then, he’s tried to force Hillsdale College-affiliated charter schools on Tennessee communities – and thanks to his hand-picked Charter School Commission, he’s succeeded in some cases.

The challenge here is not just the transfer of public money to private school operators. It’s also the use of public money for one very specific worldview – to the exclusion of all others.

Lee and his Christian Nationalist allies – some of whom have called for violent revolution in order to impose their vision on public schools – have decided they know best.

As Greene puts it:

This is not fond hopes for the day when dozens of different sorts of schools bloom and everyone can pick the one that best suits them. 

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A Cabal of Privatizers

By voucher and charter and other means, profiteers want access to public school funds

In a recent story in The Education Report, I note that privatizing profiteers are using the rhetoric of the culture wars to gain ground in the quest to access funds meant for public schools.

What’s interesting is that local communities aren’t clamoring for charter schools. Instead, these schools (and also school vouchers) are being pushed by Gov. Lee and a cabal of privatizers who seek to dismantle the public education system.

In the piece, I take a look at work by Jennifer Berkshire and Jack Schneider that seeks to illuminate the current state of the battle over public schools.

As the pair of public education defenders note, the true story of public schools is one that largely looks like success – higher test scores, for one and other outcomes that bode well for society writ large.

But, they say, this is expensive – and deprives oligarchs of an opportunity to turn a profit.

Here’s how they explain it:

It’s very common to hear that our public schools are failing. And it’s very useful rhetoric if you’re running for office, or if you’re a policy elite intent on convincing people that they need you. But it simply isn’t true. If you look at polls, a majority of Americans do believe that the nation’s schools are mediocre; yet that same percentage of people report that their own children’s schools are doing quite well. So, which one are they likely to be more informed about—the schools down the street, which their children attend, or the 98,000 schools they’ve never set foot in? The simple fact is that for the past four decades, since the Reagan administration’s “A Nation at Risk” report, we have been telling ourselves a story about failing schools that doesn’t match reality on the ground. And, by the way, if test scores are the currency that you value, scores are up across that period.

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Extreme Collaboration

Moms for Liberty teams up with Hillsdale College on charter schools

It seems that Moms for Liberty and Hillsdale College are joining forces for an extreme collaboration that could turn into a nightmare.

Over in South Carolina, the two groups are working together to secure public funds to operate a charter school. Moms for Liberty runs the school using Hillsdale’s curriculum.

Thanks to Gov. Bill Lee’s school privatization push, Moms for Liberty may soon be able to secure public money and a partnership with Hillsdale College in service of an extreme agenda.

Damage Control

There’s a new player in the Tennessee education news landscape. Really, it’s an old player dressed up in a friendly new package.

Tennessee Firefly is an education news source that effectively serves as a mouthpiece for the forces of school privatization. Sky Arnold heads it up. Sky is formerly of the local FOX affiliate and before Firefly, was the communications chief over at Tennesseans for Student Success. Yes, Tennesseans for Student Success now has its own education news organ.

Here’s how they describe their mission:

That’s interesting because TNEdReport has been offering the truth about education news in the state since 2013. There’s also Chalkbeat. And, of course, Dad Gone Wild.

In short, there’s no shortage of people and outlets offering clear analysis on education news in the state. Heck, the Tennessean and Daily Memphian offer up regular doses of education news. There’s even Center Square.

Still, Tennesseans for Student Success, fresh off some big wins in the August GOP primaries, is hungry for more – and now seeks to drive the media narrative around school privatization with an outlet of their own.

What’s the real deal? It all comes down to Hillsdale College. The controversy over Hillsdale’s charter applications has caused the public – and policymakers – to take a new look at privatization by way of charter school.

Here’s Firefly saying that while the Hillsdale controversy may look bad, it’s cool to go charter:

Seems everyone is running away from Larry Arnn and Hillsdale – even though they have three schools (in Madison, Montgomery, and Rutherford) appealing to the State Charter Commission to gain access to local public funds despite objections from local school boards.

Here’s a bit more about Tennesseans for Student Success and their aggressive pursuit of privatization by any means necessary:

Anyway, watch out for the education firefly offering “news” slanted to promote a privatization agenda.

Tony Phan/Unsplash

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Disproportionate Harm

The plaintiffs in one of the lawsuits against the State of Tennessee and Gov. Bill Lee regarding Lee’s school voucher scheme are again asking the courts to grant an injunction and prevent implementation of the plan.

A previous injunction was lifted and Lee announced his Department of Education would move quickly to usher vouchers in to Memphis and Nashville this school year.

Here’s more from Public Funds for Public Schools via a press release:

Following Tennessee Governor Bill Lee’s announcement that the state immediately will begin implementing its controversial private school voucher program for the school year starting in just a few weeks, public school parents and community members in the targeted counties are going back to court to stop this sudden and unprecedented rollout.

The plaintiffs in McEwen v. Lee, a pending 2020 lawsuit filed by Shelby and Davidson County residents that challenges the constitutionality of Tennessee’s Education Savings Account (ESA) voucher law, filed an urgent motion Friday asking the Davidson County Chancery Court to block the state from rolling out vouchers for the 2022-2023 school year.

“This unconstitutional program will drain resources from our public schools, and our lawsuit challenging it has not yet been decided,” said plaintiff Roxanne McEwen, whose child is a student in Metro Nashville Public Schools. “Rushing to implement the voucher program before the court has spoken will only create needless chaos for our public schools and for Tennessee families.”

Friday’s motion explains the immediate and irreparable harm that would result from the state’s extremely rushed plan to hand out vouchers for the coming school year. Disbursing those funds, which are drawn from public school district budgets, would throw public schools into chaos weeks before the school year begins. And handing out vouchers that could be declared unconstitutional shortly thereafter would leave families that used them to enroll in private schools mired in uncertainty.

“The state cannot be permitted to recklessly barrel ahead with an unconstitutional 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 again asking the court to enjoin the voucher program while the judges rule on the numerous constitutional and statutory violations asserted by the plaintiffs.”

This is the second time the McEwen plaintiffs have called on the chancery court to halt implementation of the voucher program before the state diverts taxpayer funds to unaccountable private schools. In 2020, the chancery court ruled in a companion case challenging the voucher law, Metro Government v. Tennessee Department of Education, that it violated the Home Rule provision of the Tennessee Constitution by targeting only Shelby and Davidson Counties without their local approval and prohibited the state from starting the program.

The Tennessee Court of Appeals upheld that ruling, but the state Supreme Court reversed it earlier this year in a split decision, sending the case back to the chancery court. The chancery court lifted its 2020 injunction of the voucher law on July 13 as a result of the Supreme Court decision. The state initially told the court that it had not decided on a course of action, but Governor Lee released a statement just hours later declaring that implementation would proceed immediately.

The plaintiffs in McEwen v. Lee are represented by the law firm Robbins Geller Rudman & Dowd LLP, the ACLU of Tennessee, the Southern Poverty Law Center, and Education Law Center. The Southern Poverty Law Center and Education Law Center collaborate on the national Public Funds Public Schools (PFPS) campaign.

“There are numerous unresolved legal claims in both the McEwen and Metro Government lawsuits,” said Jessica Levin, senior attorney at Education Law Center and director of PFPS. “The temporary injunction motion filed by the McEwen plaintiffs on Friday focuses on their claim that the voucher law violates the Education Clause of the Tennessee Constitution – which requires the state to provide education solely through a system of public schools – by funding private schools outside that system.”

Private schools participating in the voucher program are not obligated to comply with the academic, accountability, and governance standards that apply to public schools. And unlike public schools, they can discriminate against students on the basis of religion, LGBTQ+ status, and other characteristics, as well as refuse to provide services such as special education for students with disabilities.

“Defunding public schools through voucher schemes like this one also disproportionately harms Black and brown children and children experiencing poverty, who have been overrepresented in public schools since private segregation academies were first funded by segregationist lawmakers across the South,” explained Bacardi Jackson, interim deputy legal director for the Southern Poverty Law Center. “Children with the greatest needs, who are welcomed and served by our public schools, are left with fewer resources when the state acts to deplete the funds intended to educate all children. So not only is this law unconstitutional, it funds discrimination, and it is racially and economically unjust.”

“Taking money away from already underfunded public school districts and sending taxpayer dollars to private schools, many of which are religious, hurts Tennessee students,” said Lindsay Kee, interim director of the ACLU of Tennessee. “We will continue to stand with public school parents and students to fight this unconstitutional program until it is struck down for good.”

More information about McEwen v. Lee is available here.

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

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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

An Open Door to Grift and Corruption

Members of the Tennessee Public Education Coalition spoke out in opposition to Gov. Bill Lee’s education agenda which includes sending public money to private schools by way of school vouchers and charters.

In an OpEd, the group said:

We have a clear choice in Tennessee. We can choose to adequately fund our public schools, pay our teachers a fair wage, and support our neighborhood schools — or we can choose grift.

Here are some of the examples offered by the group to demonstrate the danger of rapid expansion of charter schools:

  • Memphis Academy of Health Sciences closed, displacing 750 students, after three leaders were indicted for stealing $400,000 for personal use – for trips to Las Vegas, a hot tub, NBA tickets, and auto repair.
  • New Vision Academy in Nashville shut down after state and federal investigation into financial irregularities, failure to comply with federal laws concerning special needs students and English language learners, and cramming too many children into classrooms in violation of the fire code. The husband/wife team leading the school of 150 students earned $563,000 per year.
  • Gateway University Charter School in Memphis shut down after it was accused of falsifying grades, using uncertified teachers, giving credits for a geometry class that didn’t exist, and pulling children out of classes to clean the school’s bathrooms and other areas.
  • Knowledge Academies in Nashville lost hundreds of thousands of tax dollars in an online phishing scheme (after which its founder and CEO suddenly disappeared); used uncertified teachers; understaffed the school and stopped paying teachers; operated with a deficit of $835,878, despite an annual revenue of $7.1 million; failed to meet federal requirements for English language learners and special needs students; and ran side businesses out of the school building. Nashville shut the school down, but the state forced it back open. It’s now operating with a $7.9 million deficit.
  • Nashville Global Academy forgot a child on a bus parked offsite all day, misappropriated funds to the tune of $149,000, and collapsed over $400,000 in debt with unpaid bills worth hundreds of thousands of dollars.

READ MORE from Tennessee Public Education Coalition on Lee’s efforts to privatize our state’s public schools.

Of course, Lee has some powerful (and wealthy) friends pushing privatization:

And, TC Weber has some pretty solid analysis about why the scheme offered by Lee will lead to vouchers and school district takeovers:

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Bill’s Besties

NewsChannel5’s Phil Williams has been following the money to find out who is behind efforts to privatize Tennessee’s public schools. It’s no surprise that Lee’s longtime friend Betsy DeVos is among the key backers of privatization.

As Williams notes, among the big spenders on school privatization efforts when it comes to lobbying the General Assembly is the American Federation for Children. That group is funded by Betsy DeVos. In fact, Bill Lee has even been a donor in the past.

In fact, the American Federation for Children appears to be funded by billionaire Betsy DeVos and her family.

DeVos, who has worked with Tennessee Governor Bill Lee, previously suggested to a gathering of evangelicals that part of her goal is taxpayer funding for religious schools.

“Our desire is to … confront the culture in which we all live today in ways which will continue to advance God’s kingdom,” she said.

Another name that came up in Williams’ story was that of Tennessee’s Shaka Mitchell, now serving in a multi-state lobbying role with the American Federation for Children.

Readers of TNEdReport may remember that Mitchell once led the Rocketship Charter Schools in Nashville.

Here’s what Mitchell had to say about his work on behalf of school privatization when he talked to Phil Williams:

Who speaks for the children? We really view that as our job,” said Shaka Mitchell with the American Federation for Children.

It’s not exactly clear that Mitchell is the best choice to talk about what’s good for kids. At least based on his record as a school leader.

In fact, while Mitchell was failing in his attempts to expand Rocketship, the State Board of Education noted:

In fact, Rocketship’s appeal to the State Board was rejected last year in part because of low performance:

“They did have a level 5 TVAAS composite, which is the highest score overall you can get in growth,” Heyburn said. “But their achievement scores are really low, some of the lowest in their cluster and in the district.”

The MNPS review team addressed this as well:

In summary, with no additional state accountability data to consider, and no compelling evidence presented that provides confidence in the review team, converting an existing low-performing school before Rocketship has demonstrated academic success on state accountability measures would not be in the best interests of the students, the district, or the community.

And then there’s this:

According to the Metro Schools letter, Rocketship is not providing services to children with special learning needs, like English language learners and students with disabilities.

The notice was sent from Metro Nashville Public School’s top administrators after a monitoring team with the Tennessee Department of Education came in to conduct a routine audit of special services, primarily programs adhering to The Elementary and Secondary Education Act (ESEA) and The Individuals with Disabilities Education Act (IDEA).

A Michigan billionaire proposing using public funds for religious indoctrination and a guy who repeatedly failed at serving kids while running a questionable charter operation – that’s who Bill Lee is counting on as he continues to push his radical education agenda.

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The Charter Agenda

In two tweets, Metro Nashville Councilmember John Rutherford explains the school privatization agenda by way of charter schools:

Gov. Bill Lee has always been a proponent of privatization:

The call Rutherford received and his summary of it in two tweets makes it abundantly clear: The agenda is to circumvent local school boards and allow the state to funnel public money to private entities.

Lee even outlined such a scheme in his State of the State:

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$8 Million

That’s how much groups seeking to privatize Tennessee’s public schools are spending lobbying the General Assembly, according to an analysis by NewsChannel5.

In a story on lobbying expenditures, NewsChannel5 noted that among the “big spenders” were school privatization groups:

Privatization groups pushing charter schools and school vouchers: just under $8 million over the past five years.

With Gov. Bill Lee at the helm, it seems that big money is paying off. Just last month, Lee announced plans to hand over millions in Tennessee tax dollars to a private, Christian college in Michigan to run a network of 50-100 charter schools in the state.

As 2022 is an election year, these special interests seeking to access Tennessee’s treasury to advance their financial interests will also have an opportunity to make campaign contributions. This means they can wine and dine lawmakers and the Governor during the legislative session and then cozy up to them by way of campaign cash in election season.

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

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