Category Archives: Bill Lee

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A Bountiful Harvest

Tennessee Gov. Bill Lee is seeking to reallocate the school funding pie in a state that historically earns low marks for its investment in schools. Now, the Sycamore Institute reports Tennessee has a significant surplus – both banked dollars and recurring money – that could be used to help address a range of priorities.

Governor Bill Lee and state lawmakers just used some of Tennessee’s largest ever budget surplus to fund a historically large incentive package for Ford Motor Company. Even after that deal, policymakers may still have at least $3 billion in unallocated funds to appropriate next year. This total includes a record-setting $2 billion for recurring items – and that’s before even speculating about routine revenue growth. For comparison, Tennessee’s total budget from state revenues this year was about $21 billion before the Ford deal passed.

Turns out, Tennessee continues to collect significantly more money than it plans to spend. Sycamore notes that through the first three months of the fiscal year:

  • Actual collections for October 2021 were about 22% higher than budgeted.
  • As of October 31, 2021, Tennessee had collected about 24% of the $16.5 billion in total budgeted revenue for the current fiscal year.
  • Collections through October were about $902 million higher (or 24%) than what was budgeted for the time period.
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The point is: Tennessee is overflowing with cash. It seems that a conservative government would use this opportunity to return the money “to the people” by way of key investments. Among these should be investing in our chronically underfunded school system.

Let’s face it: The GOP has been in complete control of Tennessee state government for a little over a decade now. During that time, we have consistently ranked between 44th-46th in school funding. We’ve had multiple failures of our state testing system. And, we now face a teacher shortage crisis.

But, good news abounds! We have a HUGE surplus – including billions in RECURRING revenue. This means we can invest in schools without raising taxes a single penny.

For a little more than half of the surplus, we could completely shore-up our K-12 funding system. After all, a bipartisan state research body found that schools in Tennessee are short-changed on the order of around $1.7 billion.

Comprehensive Review

Of course, the track record on using surplus state funds for schools is, well, now all that good:

Do We Really Have to Do This?

Significant surplus revenue has been a recurring story in recent years. It’s almost as if those in power are deliberately keeping money away from our public schools. It could be, as some have speculated, they are saving all that public money for a massive school voucher scheme.

The BEP Voucher Plan

2022 is an election year. When your lawmaker tells you they’ve voted to invest in our schools, ask them why we are still $1.7 billion behind. Ask them how much of the $3 billion surplus they want to invest in schools. Ask them to stop talking about what they’re going to do and start actually allocating dollars to education.

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Unenforceable

That’s the word coming down from a federal court about Gov. Bill Lee’s legislative attempt to ban school districts from implementing/enforcing mask mandates in response to COVID-19.

Mariah Timms in the Tennessean has more:

A court order blocking the implementation of a new Tennessee law preventing schools from issuing mask orders will remain in effect, likely through at least Thanksgiving, as arguments in a lawsuit continue.

Crenshaw ordered the parties, including each of the districts where the students attend, and the Lee administration to maintain the status quo of last week — before the law was signed. 

Effectively, the court ruled the law is currently unenforceable as it stands.

Lee continues to lose in court, and the ruling is being interpreted as having broad application to the entire state, therefore allowing districts with mask mandates to circumvent the recently-passed state legislation.

Pastors from Across Tennessee Celebrate Ruling

“As I have been saying for almost two years now, Governor Lee’s ‘fend for yourself approach’ to COVID has left us fighting each other instead of fighting for each other, which is exactly what the COVID special session has done,” said Rev. Dr. Lillian Lammers, Associate Pastor of First Congregational Church of Memphis. “As residents of Tennessee, we live in community with one another. We are neighbors. It seems as if many in the Christian faith, including Governor Lee, have forgotten the metaphor in the New Testament of the community as a body. We cannot live as isolated individuals; we are connected. And in schools students are even more connected than the rest of us in the community as they spend at least seven hours a day together.”

“Public health crises cannot be managed by individuals or even by small groups of experts. We all have to opt in to loving our neighbors as ourselves and opt in to wearing masks for the sake of our neighbors,” said Rev. Brandon Berg, Pastor of First United Methodist Church in Bristol, TN. “So I am grateful and relieved that Judge Waverly- Crenshaw’s ruling will at least temporarily block this life-threatening new law and allow vulnerable students to be protected at school.”

“I have said it before and will continue to say it again, ‘if Jesus carried a cross, surely the least we can do as Christians is carry a mask,’” said Rev. Aaron Marble, Pastor of Jefferson St. Missionary Baptist Church in Nashville. “Public health and safety policy decisions should not be made based on political talking points, but instead based on the wisdom and guidance of health professionals to protect EVERY child in school, and that is what has happened in this statewide ruling by Judge Waverly-Crenshaw. It is my hope and prayer that parents and families refuse to pivot to dishonest religious or medical exemptions that prioritize their personal discomfort and instead choose now to love their neighbor as themselves and wear a mask.”

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Thwarted

Gov. Bill Lee’s joint effort with the Tennessee General Assembly to score political points around mask mandates in schools has been thwarted once again by the courts. Of course, this will likely allow Lee to rail against “activist” judges, but the point is: The ban on mask mandates Lee supported and the legislature passed remains sound and fury signifying nothing.

Newschannel9 in Chattanooga has more:

Tennessee’s new wide-ranging law against COVID-19 prevention mandates hit a snag Sunday when a federal judge appeared to temporarily halt its implementation of strict limits on mask mandates in schools as they apply in at least three counties.

U.S. District Judge Waverly D. Crenshaw, Jr. ordered that the status quo be maintained for the disabled children who are plaintiffs in Williamson, Shelby and Knox counties as of last Thursday, the day before Gov. Bill Lee signed the legislation. Crenshaw previously blocked Lee’s recently terminated school mask opt-out order from applying in Williamson County. Federal judges in the other two court districts in Tennessee did the same for Shelby and Knox counties.

Like so many of Lee’s initiatives (vouchers, for example), the stated policy goal runs afoul of established law and constitutional principles.

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Community Groups Call for Increased School Funding

In a state that continues to earn failing grades in school funding, community groups in Nashville, Memphis, and Chattanooga are calling on Gov. Bill Lee and legislative leaders to both increase school funding and update the BEP with a focus on equity.

TN School Funding Report Card: 1 D, 2 Fs

Here’s an open letter penned by the groups:

To Governor Lee, members of the General Assembly, the Funding Review Central Steering Committee, and Chairs of the Education Funding Review Subcommittees: 

In August, Nashville Organized for Action and Hope (NOAH) and our sister organizations, Memphis Interfaith Coalition for Action and Hope (MICAH) and Chattanoogans in Action for Love Equality and Benevolence (CALEB) gathered for a Day of Power and Prayer to call for increased funding of education statewide. We heard from educators, students and advocates from across the state and used the collective power of our voices to highlight the urgent needs of our students in a time where they face incredible odds, but are still asked to succeed. We recognize we cannot ask more of students unless we are willing to increase our investment in them. 

We applaud Governor Lee for calling for a full review of the state’s education funding formula and to explore possibilities for a more student-centered approach. We consider education equity to be one of our highest priorities and are encouraged that there will be a statewide effort to ensure that community input will be provided in the creation of a new funding framework. 

Currently, Tennessee ranks 46th nationally in education spending. Sadly, we spend more to incarcerate adults than we do to educate our children. If Tennessee is serious about improving the education of our children and the future of all Tennesseeans, then we must ensure that the education framework we create now reflects education components that are inclusive of the needs of all children across the state. 

As such, NOAH, MICAH and CALEB will continue to advocate for the following items to be prioritized in the new funding formula: 

● Funding for Classroom Technology 

● Funding for Lower Student/Teacher Ratios 

● Funding for Professional Development for Teachers 

● Funding for Social Worker, School Counselor, and Nurse ratios that mirror national recommendations 

● Funding that adequately address the needs of low-income students, English learners, and students with disabilities, in order to produce predictable, equitable allocations to every school district

Additionally, we ask that the committees not simply “re-slice” the funding pie. Tennessee experienced a $2 billion surplus last fiscal year. Imagine what progress we could make if we were to substantially increase the dollars available for our schools. The time is now to ensure that we increase education funding in an effective way that goes beyond simply re-allocating dollars. We must be courageous in recognizing that there are no frugal shortcuts to improving education in Tennessee. If we say we value our children, then we must do so through our actions and deeds, and that begins by investing more in our children and the future of Tennessee.

The BEP Voucher Plan
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The BEP Voucher Plan

Tennessee teacher and education blogger Mike Stein offers his take on Gov. Bill Lee’s latest run at school vouchers. This time, Lee’s plan appears to be to use the state’s school funding formula (BEP) to create a voucher scheme.

Here are some highlights from Stein’s piece, written after he’d been to one of TN DOE’s BEP Town Hall events:

I had so much to say! I wanted to mention how atrocious it is that in 2021 teachers in this state are still limited on how many copies they can make for their classrooms. I wanted to go into how students’ mental health is poor. That fights during school are on the rise because they don’t know how to properly deal with their emotions and the need for school counselors, psychologists, and social workers is at a critical point. I wanted to mention my idea for attacking the substitute teacher crisis in Tennessee, which is to include substitute teacher pay as a component in the BEP. Rural systems like mine can not afford to pay them a decent wage (they can literally make more money at any fast food establishment), so if TDOE creates a baseline pay of $120 per day for non-licensed substitute teachers that is reimbursed to districts, then we will be much more likely to attract and keep quality substitute teachers. The $120 figure comes from paying them the equivalent of $15 an hour for the length of the school day. If the substitute is a certified teacher, then I believe that amount should equal $160 per day. I wanted to raise these points–and more–but the two minute time limit had me rethinking what I was going to say.

Is the answer already decided?

. . . because in January they plan on presenting their new BEP formula to the state legislature. 

Stop and reflect on that last sentence. If their timeline is to present their plan in January then it can only mean one thing–it’s either already written or close to it. This means that TDOE’s public town halls and their funding review committees are either entirely or mostly a farce. They’re going through the motions of eliciting public feedback because to redo the BEP formula without attempting to do so would mean their suggestion in January would most assuredly be D.O.A.

The tea leaves are not difficult to read here. The new BEP formula will include some form of vouchers (they, of course, won’t be called that) and because the BEP funds public schools across the state, then it will not violate the “Home Rule” provision. State legislators will be put in a position to either vote in favor of the new BEP formula (which will undoubtedly include actual needed improvements that will be popular with their constituents) or reject it. It’s a lose-lose situation for them. Either support the new BEP formula that will actually privatize public schools or be accused of being against public education. 

Stein then does a great job of breaking down the members of the Fiscal Responsibility Committee – noting that many of them are decidedly pro-voucher.

Check out his post for more on Bill Lee’s continued effort to send public money to private schools.

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Nashville Voters Say Schools are Underfunded, Teachers Underpaid

Amid a global pandemic that is seeing an already troubling teacher shortage exacerbated, voters in Nashville are expressing concern that schools are underfunded and teachers are underpaid. These findings come as the result of a poll of registered voters conducted on behalf of the Nashville Public Education Foundation.

The poll found that voters (72%) believe teachers are underpaid – this in spite of a recent pay plan raising pay in Nashville some $7000 or more for most teachers. The pollster noted that previous results showed 80% of voters thought teachers were underpaid.

The findings on funding are not surprising in a state that had a $2 billion surplus in the past fiscal year and is underfunding schools by at least $1.7 billion.

According to the poll, 66% of Nashville voters feel public schools in the city are underfunded.

Meanwhile, Gov. Bill Lee is attempting to divert attention from his party’s dismal track record on school funding by pushing a statewide “review” of the school funding formula, known as the BEP.

Do We Really Have to Do This?

What Lee and legislative leaders are not (yet) talking about is a dramatic increase in state funding for schools. Of course, there’s a February court date that may result in the Tennessee Supreme Court ordering policymakers to properly invest in schools.

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New State Commission Pushes Charters on Nashville

Gov. Bill Lee won approval of a “super charter commission” back in 2019. Now, that commission is imposing an unwanted charter school on Nashville.

The Commission voted today to overturn the decision by the MNPS School Board to reject the charter application from Nashville Classical, which already operates an elementary and middle school in East Nashville. The new school is proposed for West Nashville.

Nate Rau has a great explainer on the fight over Nashville Classical in the Tennessee Lookout.

Nashville Classical, which has already been rejected once by the school board with a 7-1 vote, submitted its appeal last week.

But, the starting point for the local debate over Nashville Classical’s application is a new state law that says the Nashville school board’s decision is functionally irrelevant. If the appeal is rejected, as expected, the school can simply appeal to the new Republican-backed state charter school commission, which would likely grant its approval. Unless a political meteor strikes and creates some unforeseen circumstance, Nashville Classical will be open to enrolling kindergarten beginning next year.

This was written back in June. Now, here we are in mid-October, and Nashville Classical has gained the predicted approval from the Charter Commission.

This should come as no surprise given Gov. Lee’s strong penchant for privatization.

Bill Lee Doesn’t Trust Your School Board
Bill Lee wants to Raise Your Taxes and Silence Your School Board

School Board member Abigail Tylor is speaking out on the decision, but the reality is this type of top-down privatization is exactly what Bill Lee wants and exactly why the super charter commission was started.

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TEA Talks BEP Reform

Last week, Gov. Bill Lee made a so-called “major” announcement about plans to reform the state’s school funding formula – the BEP. I’ll have more on this development later.

For now, though, here’s the statement from Tennessee Education Association (TEA) President Beth Brown:

“The Tennessee Education Association supports Gov. Lee’s intent to engage educators, parents and community members in a critical evaluation of the state’s education funding formula. However, the central problem with education funding is not the BEP, but the inadequate level of state funding.

Tennessee ranks 46th in the nation for what we invest per student. It is irresponsible and harmful to Tennessee children to continue the pattern of insufficient state investment in our schools, especially at a time when Tennessee has the largest revenue surpluses in state history. We can and must do better for our students.     

Any review of the BEP funding formula must include more than recommendations on how to change the formula. Until the state makes a significant increase in public education funding to address many challenges plaguing our schools, updating a formula will not get us where we need to be to provide the high-quality public education Tennessee children deserve.”

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Unfazed

Gov. Bill Lee responded to three losses in court last week by doubling down on the executive order that landed him in court and allows parents to opt-out of local school district mask mandates.

Of course, as a result of the court orders, the opt-out is essentially meaningless in the districts where the suits originated. Still, Lee is persisting in renewing an executive order he has previously admitted his administration has no intention of enforcing.

Chalkbeat has more on the renewal:

Gov. Bill Lee said Thursday he’ll extend his executive order allowing parents to opt their children out of following local school mask mandates that protect them against the coronavirus.

The 30-day extension will come despite rulings by three federal judges blocking his Aug. 16 executive order, which is due to expire on Oct. 5.

The judges in Memphis, Nashville, and Knoxville sided with some parents who said the governor’s order violates federal law by creating unsafe learning environments for students with disabilities who are more at risk of severe illness from COVID.

The move by Lee comes even as a new CDC report indicates that Tennessee has lost the most school days of any state due to closures related to COVID-19.

The Tennessean has more:

Unsurprising to many students and parents, Tennessee has seen the most COVID-related school closures so far this school year according to a new Centers for Disease Control and Prevention study published. 

From Aug. 2 to Sept. 17, Tennessee saw more than 400 schools close for at least one day, according to the study released last week.

The New York Times reports that Lee’s continued non-response to COVID-19 is the result of a desire to avoid a challenge from the extreme right of his party, citing GOP state Senator and Dr. Richard Briggs from Knoxville:

“The governor [Bill Lee] understands completely the seriousness of the problem, and I think that hard decisions are being tempered by political realities, which is that he has an election next year,” and “Dr. Briggs described the surge of cases in Tennessee as a “completely self-inflicted crisis.”

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Lee Strikes Out

Governor Bill Lee has lost in all three federal district courts in Tennessee in his attempt to prevent universal masking mandates in public schools. Yesterday (9/24), Lee lost in the East and Middle districts of Tennessee and he had already lost in the West district.

Meghan Mangrum and Mariah Timms have more in the Tennessean on the court ruling in Middle Tennessee:

Williamson County and Franklin Special schools will be able to enforce mask mandates under a ruling Friday from a federal judge in Nashville. 

U.S. District Judge Waverly D. Crenshaw, Jr. issued the order in the afternoon, blocking Gov. Bill Lee’s executive order allowing parents to opt their children out of the district’s mask mandates. 

The judge’s decision is temporary, lasting until 11:59 p.m. on Oct 5, the same time as Lee’s order is set to expire. On Friday, the governor told reporters he hasn’t yet decided on whether to renew the executive order. 

In spite of the setbacks in court designed to maximize student safety by mitigating COVID spread, Lee has indicated he may renew his order. Of course, that would be a moot point in at least Shelby and Knox County’s, as the rulings there overrule the opt-out approach Lee is promoting.

Nashville state Senator Jeff Yarbro pointed out Lee’s losing streak in a tweet:

It’s unclear why Lee would persist with a model he suggests he has no plans to enforce and which judges have ruled essentially unenforceable.

and now the governor says he isn’t planning to take action against districts that don’t comply with his order on mask opt-outs.

Something about you can’t please all the people all the time comes to mind.

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