Faith Leaders Express Opposition to Lee’s Voucher Scam

Southern Christian Coalition calls for fully funded public schools

Gov. Bill Lee announced a massive expansion of a voucher scheme yesterday and faith leaders immediately spoke out in opposition.

Advocates with the Southern Christian Coalition noted that Lee’s plan would harm the state’s public school system and leave students behind. Representatives of the group said the plan is out of alignment with Lee’s proclaimed Christian faith.

Rev. Brandon Berg, Pastor of Norris and Sinking Springs United Methodist Churches in the Knoxville area, said:

“If Governor Lee claims the Christian faith, and we know he does, then he must change course and start to prioritize the education of every Tennessee child by fully funding our public schools and end this voucher scheme that would create even more inequity in Tennessee schools.”

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Georgia On Our Mind?

Tennessee lawmakers appear determined to expand vouchers to both Chattanooga and Knoxville this year. In fact, the Senate has already passed legislation expanding the state’s Education Savings Account (ESA) program to Chattanooga at the request of Hamilton County state Senator Todd Gardenhire. Now, the House may add Knox County to the voucher expansion and send the plan back to the Senate.

Meanwhile, Georgia lawmakers recently rejected a voucher plan.

More from The Education Report:

So, it’s encouraging to see Republicans in a Southeastern state say NO to vouchers. Which is what just happened in Georgia.

The legislature there just rejected a voucher expansion plan – with most Democrats and a handful of rural Republicans voting no.

Why would rural lawmakers oppose vouchers? Because local taxpayers don’t want to be stuck with the fiscal impact of supporting TWO school systems.

And that’s exactly what happens when public money supports private schools by way of vouchers – or even charter schools.

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

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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Nail in the Coffin

Gov. Bill Lee’s school voucher scheme is not only constitutionally suspect, but also the likely cause of Rep. Matthew Hill’s ouster from the legislature. WJHL has more on how Hill’s turn against public education led to his defeat in the August Republican primary.

A controversial 2002 income tax vote helped usher in the Matthew Hill era in Northeast Tennessee politics. Another controversial vote — this one over school vouchers — likely contributed to that era’s end.

“Year after year he voted ‘no’ on voucher legislation,” area public school teacher Jenee Peters said. “He voted ‘no’ every year up until he didn’t.”

“I would like to think the local area teachers were the final nail in his coffin, but there were clearly other issues that brought about the demise of his campaign,” Peters said.

Peters communicated often with Hill and said he gave teachers “a few good years” starting in 2014 after an early adversarial relationship with them. But a seeming focus on political power within the Capitol became pretty clear to people, culminating for the education community in Hill’s abandonment of his anti-voucher position.

“He wasn’t grounded in his community,” Peters said. “He was more interested in playing politics in Nashville and currying favor with the governor and making a bid for the speakership.”

MORE>

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Voucher Decline

A professor at Teachers College at Columbia University says interest in vouchers may be waning in part due to poor academic performance. This comes as Gov. Bill Lee’s voucher scheme was delayed by court action.

Here’s more:

The demand by parents for education vouchers and Education Saving Accounts (ESA’s) – which allow them to use government funds to pay for private school tuition — is showing signs of flagging, possibly because private schools are not subject to public regulation and thus not required to meet government standards on measures that range from testing performance to teacher accreditation to instruction for special education students.

Yet the latest studies show that academic performance among voucher and ESA students is trending lower, according to Luis Huerta, Associate Professor of Education and Public Policy. Huerta and Kevin Welner, Professor of Education at the University of Colorado Boulder School of Education and co-founding Director of the National Education Policy Center, spoke in a recent webinar about the evolution of conventional school vouchers into vouchers funded by private, tax-free donations and, most recently, into Education Savings Accounts (ESA’s).

Of course, the poor performance and waning demand haven’t stopped Tennessee’s Lamar Alexander from pushing forward legislation to siphon COVID-19 relief funds to private schools.

Huerta also said that proposals by Republican Senators Tim Scott of South Carolina and Lamar Alexander of Tennessee would siphon CARES COVID relief aid to fund private school scholarships. “But again, it’s too soon to know whether this will give private schools the advantage to open more readily compared to publics, especially since the money linked to these proposals is only in the form of portable scholarships and not infrastructure dollars.”

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MCS Takes Stand Against Vouchers

The Murfreesboro City School Board has outlined top legislative priorities for 2020 and shared them with local legislators, reports the Murfreesboro Post. The agenda includes opposition to school vouchers and a call for a reduction in state testing.


Vouchers — The Murfreesboro City School Board opposes any legislation or effort to create or expand programs that would divert money intended for public education to private schools or organizations.


Equity of Assessment — The Murfreesboro City School Board urges the General Assembly to require any private education institution receiving funds through the Education Savings Account program to be held to the same testing requirements as public schools. Currently, only the children receiving vouchers are tested; the schools they are attending are not. Therefore, all children in receiving schools should be tested just as are all children in public schools are tested. Without such testing, comparisons are invalid.


Reduction of Testing — The Murfreesboro City School Board encourages legislation that changes requirements of assessments to math and ELA in grades 3-8; science at least once during grades 3-5, grades 6-9 and grades 10-12.

The renewed opposition to vouchers comes as a new report reveals fraud in the state’s existing, limited voucher program. It also comes while Gov. Bill Lee is seeking to fast-track his voucher scheme. The ESA voucher bill was passed by one vote in the House last session and that vote is now facing both FBI and TBI investigations.

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TNReady for Vouchers

This week is shaping up to be huge for education policy in Tennessee. Tomorrow, the TNReady testing window opens — while many will take pencil and paper tests, there will be significant numbers of students taking online TNReady. Our current Commissioner of Education is not quite sure how that will go.

If you’re an educator, student, or parent and you get wind of TNReady trouble this week, let me know ASAP: andy@tnedreport.com

Of course, during this busy week for our schools and teachers, legislators have planned key votes on voucher legislation. Governor Bill Lee’s “education savings account” voucher scheme will be voted on in the House and Senate Finance Committees on Tuesday. That’s the final step in both bodies before the bill hits the floor, likely the week of April 22nd.

A group of parents and teachers is planning a series of events tomorrow in order to protest the movement on vouchers.

Meanwhile, if you have any great voucher, charter, or TNReady memes, send them my way at andy@tnedreport.com

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Bye Bye Byrd

Admitted sex offender David Byrd is out as chair of a House Education subcommittee just one day after his vote against Governor Bill Lee’s school voucher plan. While some had speculated Byrd might vote in favor of vouchers in exchange for cover from Lee, Byrd voted NO on Lee’s plan yesterday in the full House Education Committee.

The move to oust Byrd comes after months of controversy surrounding his appointment to the post. Speaker Glen Casada and Governor Bill Lee backed Byrd despite calls from the public for him to resign. In 2018, both Lt. Governor Randy McNally and then-House Speaker Beth Harwell called on Byrd to resign from the General Assembly. Instead, he ran for re-election and won, then was appointed by Casada to a subcommittee chairmanship.

The Tennessean reports on Byrd’s removal:

Citing bipartisan concerns over the controversy surrounding Rep. David Byrd, House Speaker Glen Casada has removed the Waynesboro Republican from his chairmanship of an education subcommittee.  

The move, announced by Casada on Thursday, comes just two months after the speaker appointed Byrd — who has faced allegations that he sexually assaulted three women in the 1980s — to serve as chairman of the House Education Administration Subcommittee.

“Following discussions with members of the House and after careful consideration, I have formally asked Representative Byrd to step down from his position as chairman of the House Education Administration Subcommittee,” the speaker said in a statement.

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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 …

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

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