Tag Archives: Tennessee School Vouchers

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Vouchers Strike Back?

On the surface, it would seem Gov. Bill Lee and his commitment to a statewide voucher scheme for Tennessee scored a huge victory yesterday when the Tennessee Supreme Court ruled in a 3-2 decision that Lee’s ESA voucher plan does NOT violate the “Home Rule” Amendment of the Tennessee Constitution.

Voucher Vultures Continue to Lose in Court

Here’s the deal: While the loss on the Home Rule Amendment is a definite blow to public school advocates, there are MORE issues at play here.

Here’s what a press release from the Tennessee Administrative Office of the Courts has to say about yesterday’s ruling:

The Tennessee Supreme Court granted Defendants’ applications for permission to appeal. Because it is an interlocutory appeal, the issues before the Court were limited to the constitutionality of the ESA Act under the Home Rule Amendment and Plaintiffs’ standing to bring that challenge. The Supreme Court agreed with both the trial court and the Court of Appeals that Plaintiffs Metro and Shelby County had standing to bring their Home Rule Amendment Claim. However, the Supreme Court, after reviewing the applicable constitutional language, held that the ESA Act is not rendered unconstitutional by the Home Rule Amendment because the Act is not “applicable to” the Plaintiff counties for purposes of the Amendment. The majority concluded that the ESA Act is not applicable to the Plaintiff counties because the Act regulates or governs the conduct of the local education agencies and not the counties. Thus, the Act does not violate the Home Rule Amendment. The Supreme Court therefore affirmed, in part, and reversed, in part, the judgment of the Court of Appeals and remanded the case to the trial court for the dismissal of the Home Rule Amendment claim and for consideration of Plaintiffs’ remaining claims.

“Consideration of remaining claims.”

There.

So, the plaintiffs lost on the Home Rule Amendment in a narrow, 3-2 ruling. While I may not agree with that interpretation of Home Rule, as it relates to vouchers, this is not a “death blow” per se.

There are “other issues.” The plaintiffs will now have to revisit their case as it relates to other claims relative to the harms or potential harms of vouchers.

This ruling does NOT mean that Bill Lee and Penny Schwinn can just go all out on vouchers.

Instead, it means that lower courts will hear evidence on claims related to vouchers.

Was the Home Rule Amendment the home run in terms of defeating vouchers? Yes! Seeing vouchers as unconstitutional in this light was the easiest, fastest way to defeat a voucher scheme.

Was it the ONLY way that vouchers would lose in court? Not at all.

Remember, the ESA scheme as concocted in 2019, applies only to Memphis and Nashville. There are a range of legitimate claims that could serve to halt the negative impact of a voucher scheme.

A trial court may now have to hear evidence and make a decision on those claims.

Bottom line: This is NOT a green light for Lee’s voucher plan.

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SHOCKING!

Even though as early as 2016, Bill Lee was extolling the virtues of school voucher schemes and even though he’s a long-time supporter of Betsy DeVos’s pro-voucher Tennessee Federation for Children and even though he has appointed not one, but two voucher vultures to high level posts in his Administration, it is somehow treated as “news” that Bill Lee plans to move forward with a voucher scheme agenda in 2019.

Here’s what he wrote in 2016:

This is where opportunity scholarships come in. The Tennessee Choice & Opportunity Scholarship Act would allow families to take a portion of the funding already spent on their child’s education and send him or her to the private school of their choice. For children languishing in schools that are failing to meet their needs, especially in urban areas like Nashville and Memphis, this proposal represents a much-needed lifeline for Tennessee families.

This despite growing evidence that vouchers don’t actually help students and, in fact, may cause harms:

Writers Mary Dynarski and Austin Nichols say this about the studies:

Four recent rigorous studies—in the District of Columbia, Louisiana, Indiana, and Ohio—used different research designs and reached the same result: on average, students that use vouchers to attend private schools do less well on tests than similar students that do not attend private schools. The Louisiana and Indiana studies offer some hints that negative effects may diminish over time. Whether effects ever will become positive is unclear.

While rigorous academic studies tell a tale of a failed education policy, Bill Lee put his money behind Betsy DeVos’s pro-voucher group:

The Tennessee Federation for Children is our state’s affiliate of the American Federation for Children, a political organization funded in large part by Betsy DeVos and her family. The mission of TFC is clear: Divert public money to private schools.

Since 2012, DeVos has provided just under $100,000 to the Tennessee organization. She’s been joined by some key local donors, including Lee Beaman and Bill Lee. Yes, since 2012, Bill Lee has given $11,000 to the Tennessee Federation for Children, the state’s leading political organization supporting school vouchers.

In spite of years of evidence of where Bill Lee stands when it comes to supporting our public schools (he doesn’t), many school board members and county commissioners across the state supported his successful campaign. These local elected officials often touted his business acumen and support of vocational education as reasons to back him. However, it’s difficult to imagine these same officials just “didn’t know” Bill Lee backs a scheme to divert public money to private schools — a scheme that has failed miserably time and again in other states and localities.

More likely, they just didn’t care. Bill Lee was on the right team and spoke the right, religiously-tinged words and so earned the support of people who will look at you with a straight face and say they love Tennessee public schools.

The Tennessee County Commissioners Association provided an analysis of the potential cost to each local government of a modest voucher scheme. Here’s a look at the potential fiscal impact of a “small” voucher program:

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.

Let’s look at Davidson County as an example. If three percent of the student population there took vouchers, and half of those were students who had never attended a public school, the loss to the district would be a minimum of $8.4 million.

You can’t have it both ways. You can’t support vouchers and also be 100% behind our public schools. It’s likely no mistake that more than 90% of all schools eligible to receive state voucher funds are private, Christian-affiliated schools.

Stay tuned for a legislative session focused on undermining our public schools. Brought to you by a Governor who has been advertising this desire since at least 2012.

 

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Vouchers: Done for Now

Rep. Harry Brooks today rolled his controversial Shelby County school voucher pilot project legislation to 2018. This means the bill won’t move beyond the House Finance Subcommittee this year.

Grace Tatter from Chalkbeat reports:

Many had thought that the plan to limit vouchers to Memphis would give the proposal the necessary support to become law, winning over lawmakers who have wavered in their support for the school choice measure in recent years. They also hoped to benefit from national attention to private school choice efforts. President Donald Trump and his education secretary, Betsy DeVos, have both used their platforms to advocate for vouchers and other similar programs.

But in the end, disagreements over how private schools should be held accountable for academic results — as well as legislators’ exhaustion after passing a hotly debated gas tax — caused the measure to stall.

 

More on vouchers:

The Verdict on Vouchers

Voucher Backers vs. Facts

The Voucher School District

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


 

 

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Vouchers on the Beach

Joel Ebert and Dave Boucher of The Tennessean reported this weekend on a beach vacation for five Tennessee lawmakers hosted by a prominent school voucher advocate.

Here are some highlights:

The Oscar winner inspired a spirited discussion among the men on the trip, who were hosted by voucher advocate Mark Gill, about leadership and integrity. Reps. Andy Holt, Mike Carter, Billy Spivey and recently ousted lawmakerJeremy Durham stayed at Gill’s condo and left one morning for a half-day deep sea fishing trip paid for by Gill. They didn’t catch many fish, but the captain showed them how to filet the ones they did. Rep. Jimmy Matlock also made the trip but went to the beach instead of fishing because he gets seasick.

Interestingly, the lawmakers who took the vacation at the voucher advocate’s beach house all supported and co-sponsored voucher legislation in subsequent legislative sessions.

From the report:

The “odd duck” Carter referenced is Gill, a member of the board of directors with the Tennessee Federation for Children, an arm of the American Federation for Children that spends hundreds of thousands of dollars each year on contract lobbyists to push lawmakers to legalize school vouchers in Tennessee.

In 2016, all five lawmakers who went to Gill’s condo co-sponsored legislation to allow vouchers in the state.

So, Mark Gill serves on the Board of Directors for the Tennessee Federation for Children, is a large donor to the group, and hosts five Tennessee lawmakers at his beachside condo and then those same lawmakers just happen to co-sponsor pro-voucher legislation at the General Assembly?

No, this isn’t illegal. Yes, it actually happened. This is the type of behavior these same lawmakers decry about DC politicians.

Also: Why is Mark Gill so interested in vouchers?

More on Vouchers:

Million Dollar Baby

What Tennessee Can Learn from Louisiana on Vouchers

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

 

 

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Vouchers Gone Wild

Vouchers are going wild in the Tennessee General Assembly this week and its not clear where they’ll stop.

First, the Senate Finance Committee tacked on an amendment to the principle voucher vehicle, SB 999.

The amendment adds the words “public or nonpublic school” to the bill.

Here’s what that means: Students could use the so-called Opportunity Scholarship to pay “out of district” tuition to a neighboring school district.

A family lives in Davidson County but wants their child to attend school in Williamson. The language allows them to use the voucher to send their child to school in Williamson if they meet all the other voucher requirements.

This is problematic on several fronts. First, there’s no way for districts to predict how many students will apply for admission from outside their district. This makes planning for growth/space needs difficult.

Next, the voucher amount may or may not equal the actual per pupil dollars spent on the child — creating a financial burden for the receiving district as well as for the district that loses the student. Yes, even if students leave a public school system, fixed costs mean vouchers increase, not decrease expenses.

The amendment will surely require a new Fiscal Note — an analysis of the financial impact of the bill.  And its adoption delayed consideration of the companion bill in the House Education – Administration & Planning Committee.

Following this adventure in vouchers, the Senate Education Committee and a House subcommittee approved a voucher plan that would allow any Tennessee student with an IEP – Individualized Education Plan – to receive vouchers. 120,000 Tennessee students currently meet this definition.

That means that in addition to the 20,000 student cap that is in the first voucher bill, another 120,000 students would be eligible. It’s not hard to imagine an ultimate goal of making vouchers available to every single student in Tennessee.

The idea for the IEP voucher plan is based on a plan promoted by former Florida Governor Jeb Bush, who saw the program adopted in his state while he was in office.

A report by Sara Mead of Education Sector at American Institutes for Research notes that the Florida program, on which the Tennessee legislation is modeled, is problematic.

Here are some highlights:

McKay students do not have to take the annual state tests administered to public school students, and McKay schools are not required to report any information on student outcomes—which goes against the national trend toward standards and accountability in public education. Thus, it is virtually impossible to say whether special-needs children using McKay vouchers to attend private schools are faring better, worse, or about the same as they had in their old public schools. It is also difficult to determine whether the McKay program is improving existing special-education services, since, unlike public schools, McKay schools are not required to provide these services at all.

Tennessee’s plan would have a similar lack of accountability — which means parents could claim the voucher and then have their child be grossly under-served.

Mead continues:

McKay’s lack of accountability requirements and its minimal quality and service expectations make McKay a seriously flawed program. Under the current structure of the program, taxpayers have almost no knowledge of how their money is being spent, and neither taxpayers nor parents have access to solid information about the performance of different McKay schools. For parents, the stakes are very high, as they are required to give up their due process rights under IDEA if they choose to participate in the McKay program. Parents, taxpayers, and the state’s special-needs children deserve better.

Moving toward a program with zero accountability and unproven results seems a grave disservice to the families of special needs children in Tennessee.

Next week may yield a slow down for these two voucher initiatives. Or, it could be more vouchers gone wild – more tax dollars spent, less accountability.

More on School Vouchers:

Fiscal Note Fantasy

TSBA Talks Vouchers

Why Vouchers Won’t Work

Should Tennesseans Support School Vouchers?

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

 

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Fiscal Note Fantasy

The debate over vouchers began this week in the Tennessee House and Senate. A new vehicle for carrying vouchers (HB1049/SB999) is the chosen method for implementing a voucher scheme in Tennessee.

Of particular interest is the Fiscal Note, prepared by the legislature’s new Executive Director of Fiscal Review, who previously worked at the Friedman Foundation — an outfit dedicated to school choice.

The analysis of costs points out a shift of state and local dollars to non-public schools in an amount that goes up to nearly $70 million by FY 18-19 and beyond.

For local education agencies that have schools in the bottom five percent of achievement and are mandated to participate in the statewide scholarship program, the shift of state and required local BEP funding from these local education agencies to the non-public participating schools is estimated as follows: $16,570,000 in FY15-16; $25,473,800 in FY16- 17; $34,815,000 in FY17-18; and an amount exceeding $69,630,000 in FY18-19 and subsequent years.

In an unusual twist, the analysis notes a long-term savings to local governments and LEAs. Specifically:

LEAs with participating students will be relieved of the long-term educational cost burden of educating such students. Using the third year of the statewide program as the baseline, the cost burden relieved in FY17-18 is reasonably estimated to be $24,275,000.  This amount will increase in FY18-19 and each subsequent year. The long-term result of such cost burden relief could be a permissive decrease in local expenditures, a permissive reallocation of local funding, or a permissive cost avoidance of local expenditures. Cost burden relief may also result in a higher per pupil expenditure for students that remain within an LEA school. An LEA’s capacity to make any such permissive choice depends on the number and dispersion of students that participate in the scholarship program.  If the number of participating students is small and widely dispersed across grade levels it is less likely that any such permissive choice could be implemented, but more likely if the number is large and concentrated in just a few grades. 

What is not mentioned is the net loss of $10 million if these assumptions are accurate. That is, the FY17-18 “cost shift” is $34 million and the savings or “relief” is $24 million. In FY18-19 and beyond, the cost shift is nearly $70 million, with no estimate provided for cost relief, though it should “increase.”

First, I’d note this is still a net loss to school systems.

Next, I’d point out that fixed costs would mean the projected relief is more fantasy than reality. This is admitted to some extent when the note says:

If the number of participating students is small and widely dispersed across grade levels it is less likely that any such permissive choice could be implemented, but more likely if the number is large and concentrated in just a few grades. 

Additionally, a recent report on the impact of charter schools on MNPS gets to the same point in terms of students lost versus fixed costs:

“The key question for determining fiscal impacts is whether enrollment reductions allow a district to achieve expenditure reductions commensurate with revenue reductions. Fixed costs are incurred regardless of whether students attend traditional or charter schools. The problem is that some fixed costs, such as building maintenance, computer network infrastructure, and health services do not vary based on enrollment. Therefore, teachers and their salaries are a key cost driver tied to student enrollment … However, it is not always possible to reduce teacher costs proportionate to losses in revenue. For these costs to be reduced significantly, the school would need to close altogether.”

This analysis suggests two things: First, that the Fiscal Note assumptions about cost “relief” may be suspect and second, that the only way to gain true cost savings from a voucher program would be through school closures.

That’s right, to get true savings from a voucher program public schools would have to close. If they don’t, the cost shift noted in the fiscal analysis would mean increased costs to districts who then operate with decreased revenue.

This may be the fantasy of voucher advocates, but it’s a nightmare for public schools and the families they serve.

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

 

 

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Koch Brothers, AFP Bring Voucher Debate to TN Campaigns

Koch-brothers-funded out-of-state group Americans for Prosperity hosted a forum this week featuring voucher advocate Steve Perry.

As WPLN reported, the forum comes after the second consecutive legislative session in which lawmakers rejected a voucher proposal.

Americans for Prosperity is also supporting candidates it believes will help advance its pro-voucher agenda.

This includes 45th District State Representative Courtney Rogers.

Rogers is no stranger to out of state special interests supporting her campaigns. In 2012, she unseated State Rep. Debra Maggart in a Republican primary with the help of thousands of dollars in out-of-state special interest money, most of it from the NRA and other gun rights groups.

The AFP sent out this flyer in support of Rogers:

 

Courtney Rogers AFP

 

The flyer awards Rogers an A+ rating for her unwavering support of vouchers.

It will be interesting to see if the AFP’s involvement in this year’s campaigns changes the outcome of future voucher debates.

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