Category Archives: Vouchers

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TN CEC Opposes Vouchers

The Tennessee Council for Exceptional Children (CEC) has announced opposition to school vouchers even as the legislative debate on the issue moves forward. Here’s a general statement from CEC on vouchers and an explanation of the reasons for CEC’s opposition.

CEC opposes school vouchers for children and youth and those with disabilities as being contrary to the best interests of children and youth and their families, the public school system, local communities, and taxpayers. Further, CEC believes that vouchers both contradict and undermine central purposes of civil rights laws designed to protect children and youth with disabilities

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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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That Hurt(s)

On Monday, I noted that shadowy “non-profit issue advocacy group” Tennesseans for Student Success was on the attack, placing online ads against Republicans who opposed Governor Bill Lee’s destructive state charter authorizer legislation in the House Education Committee.

Today, it appears the attacks worked, at least in the case of Rep. Chris Hurt. The House Education Committee heard and ultimately approved Governor Lee’s school voucher plan. While one victim of the TSS attacks, Mark Cochran, stood strong in defense of public schools, Hurt caved to the pressure of being labeled a defender of “Hillary Clinton’s NEA.”

On the other hand, despite speculation that he might now support vouchers in exchange for cover from Bill Lee, embattled Rep. David Byrd (an admitted sex offender), also voted against school vouchers.

Still, the lesson for dark money groups like Tennesseans for Student Success is clear: Your attacks get the attention of key decision-makers. Forget facts, just bring up Hillary Clinton and socialism, and the weak among the legislative branch will do your bidding.

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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 …

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Voucher Opposition Grows Ahead of Key Vote

The House Education Committee will take up Bill Lee’s voucher proposal tomorrow at 8:00 AM. Ahead of this pivotal vote, groups across the state are expressing opposition to the plan. The Tennessee Education Association, TN Parent Teacher Association, and Pastors for Tennessee Children joined in the following press release announcing opposition:

The Tennessee Education Association, Tennessee Parent Teacher Association and Pastors for Tennessee Children stand united in opposition to any form of education savings account voucher programs. As legislators consider the administration’s voucher proposal this week, it is important that they know teachers, parents and faith leaders are adamantly opposed to privatizing our public schools.

“Our state constitution is clear that our elected leaders have an obligation to provide all Tennessee children with access to a quality public education,” said Beth Brown, TEA president and Grundy County High School teacher. “Moving forward with any form of voucher program abandons our commitment to our most vulnerable students. Details of the current voucher proposal reveal the administration’s intentions to provide entitlements to families living comfortably and already able to afford private school tuition. If passed, this ESA program would starve public schools of millions in funding and dramatically worsen the inequities in public education.”

TEA is just one of numerous organizations with serious concerns about Gov. Lee’s voucher plan. With details of the plan indicating that more than $100 million in taxpayer money will be allocated to pay for a program proven in other states to be fraught with abuse and fraud, parents and faith leaders are standing with educators to oppose ESAs.

“Tennessee PTA advocates for all children and for the improvement of public education,” said Cheryl Floyd, Tennessee PTA president. “Tennessee PTA believes that no one educational program is best for all children and supports educational choices which improve outcomes within public schools. Voucher programs have proven ineffective in improving student outcomes, lack accountability to taxpayers and students, divert funds away from public schools, and place the individual rights of students at risk. The governor’s proposed education savings accounts are just another form of vouchers.”  

“Vouchers, especially for the wealthy, are a corruption of God’s common good, and the use of vouchers to underwrite religious schools is a violation of religious liberty,” said Rev. Terry Ladd, pastor at First Baptist East Eighth Street Chattanooga and Pastors for Tennessee Children founding member. “Pastors for Tennessee Children supports the provision of high-quality public education for all children, as a crucial civil rights issue. Vouchers will damage public education in our state.” 

Brad Fiscus, a Williamson County School Board member, lay minister with the United Methodist Church and founding member of Pastors for Tennessee Children, added, “Voucher programs historically have proven to serve students from wealthy families at levels higher than students from low-income families. As a result, vouchers promote segregation and centralization of resources to those who already have the most access.”

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Lee Laments Inability to Articulate a Clear Message

Despite dressing up in farmer clothes and standing next to actual farm equipment every Saturday, Bill Lee still hasn’t been able to overcome significant skepticism about his scheme to use public funds to pay for private schools — a plan he’s calling “Education Savings Accounts.”

Erik Schelzig of Tennessee Journal has more on Lee’s bafflement over school voucher messaging gone awry:


But a lot of the confusion about the proposal comes from members of Lee’s own party. For example, freshman Rep. Robin Smith (R-Hixson) took to twitter to declare a news account a “pure lie” for stating the education savings account, or ESA, program would also apply to students who don’t currently attend failing schools. It would.


Fellow freshman Rep. Scott Cepicky (R-Columbia), a member of the House Education Committee scheduled to vote on the bill this week, said in a Facebook post that “because of the risk of fraud, as seen in other states with Educational Savings Accounts, homeschooling is not allowed in this bill.”


That’s in contrast to what Lee said last week when reporters asked him whether home-schooling would qualify for the ESAs.
“If a family is in the district that qualifies, and they are currently in a public school, then they would qualify for an ESA,” Lee said.

Here are some important facts about Governor Lee’s voucher people from the Tennessee School Boards Association – a group that has actually read the bill. It’s not yet clear whether Lee has, in fact, read his own bill or even if members of his own party are reading actual legislation, or just spouting off talking points in order to confuse the issue.

What is clear: Bill Lee and his “team” aren’t quite on the same page. Of course, it may not matter, as they seem to have some tricks up their sleeves.


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Byrd in the Hand

Bill Lee has had his eye on the privatizing of Tennessee public schools long before he became Governor. However, when he announced his “Education Savings Account” plan along with a state charter authorizer that would undermine local school boards, many predicted he’d face some difficulty this legislative session. Turns out, Lee may have a Byrd in the hand by way of a clever move to gain a vote for his ill-designed plan.

Recently, Governor Lee met with one of the women who has accused state representative David Byrd of inappropriate sexual conduct when he was her high school basketball coach. Byrd apologized directly and has not denied the conduct. Lee refused to condemn Byrd or suggest he resign. This despite former House Speaker Beth Harwell calling on Byrd to resign and current Lt. Governor Randy McNally have called for Byrd’s resignation in 2018 and more recently, suggesting an ethics investigation might be in order.

Why is Bill Lee reluctant to make a strong statement on Byrd? Well, Erik Schelzig of Tennessee Journal may have the answer:

The charter authorizer bill advanced out of that committee on a 13-9 vote, but only after House Speaker Glen Casada (R-Franklin) came to the panel to personally intervene. Casada was able to get several freshman Republican who voiced concerns about the measure to get on board.

The bill also got the support of embattled Rep. David Byrd (R-Waynesboro), whom school choice advocates have tried for years to to defeat because of his support for traditional public schools.

By all accounts, Lee is working overtime to get the votes he needs to pass his voucher plan. With Byrd’s support, Lee may be able to move the plan one step closer to final passage. Some have suggested Lee won’t criticize Byrd as long as Byrd goes along with a plan to devastate the state’s public school systems.

The next vote on vouchers is Wednesday at 8:00 AM in the full House Education Committee. David Byrd sits on that committee and his vote could be pivotal. Does Bill Lee really have a Byrd in the hand?

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Amy Frogge on Vouchers

Nashville school board member Amy Frogge talks about a key vote on Governor Bill Lee’s voucher plan — a vote scheduled for Wednesday, March 27th.

HEADS UP, everyone! THIS IS IT. Vouchers will be up for a key vote this coming Wednesday, March 27th, at 8 am in the full House Education Committee, and this is our best chance to stop them in Tennessee. IT IS SUPER IMPORTANT THAT WE ACT NOW.

Here’s information on the bill: HB 939/SB 795 would create a new form of vouchers in Tennessee called Education Savings Accounts (ESAs). ESAs have been described as “vouchers on steroids.” This proposed legislation is targeted not toward “children trapped in failing schools,” but toward wealthier families, with virtually no regulation or public accountability. Vouchers would be available in any district containing at least three schools in the bottom 10% of schools in the state, but vouchers would be made available to ALL students in that district, including those enrolled in high-performing schools and private schools. Families making up to around $100,000 per year would be eligible for the voucher, and private schools would not be required to accept the voucher as payment in full. This means that more affluent families with children already enrolled in private schools could use the voucher to help offset their current payments for private school. It will also allow students to cross county lines with their vouchers, which could wreak havoc on many rural school districts.

Local school districts will have to pay for the bulk of these vouchers. (For example, in Davidson County, the state would pay only about $3,600 toward the cost of the voucher, while Davidson County would be required to pay about $8,100 per voucher.) On top of this, the state would withhold a 6% management fee for the voucher program. The governor has claimed that a limited amount of funding will be available to school districts to help offset the cost of the vouchers for three years, but this money could be revoked at any time- and worse, vouchers will create ongoing recurring costs that school districts will be unable to cover for an indefinite period of time.

Once the door to vouchers has been opened, it cannot be shut. Under this legislation, vouchers would become an entitlement for upper middle class private school parents and homeschool parents.

HERE’S HOW YOU CAN HELP:

1. We need as many people as possible to attend the hearing. It will be in House Hearing Room 1 of the Cordell Hull Building.

2. Contact members of the committee NOW, and encourage your friends to do so. (Obviously, constituents of these members will make the greatest impact.)

Mark White, Chair 615-741-4415
rep.mark.white@capitol.tn.gov

Kirk Haston, Vice Chair 615-741-0750
rep.kirk.haston@capitol.tn.gov

Debra Moody 615-741-3774 rep.debra.moody@capitol.tn.gov

Charlie Baum 615-741-6849 rep.charlie.baum@capitol.tn.gov

David Byrd 615-741-2190
rep.david.byrd@capitol.tn.gov

Scott Cepicky 615-741-3005
rep.scott.cepicky@capitol.tn.gov

Mark Cochran 615-741-1725
rep.mark.cochran@capitol.tn.gov

Jim Coley 615-741-8201
rep.jim.coley@capitol.tn.gov

John DeBerry, Jr. 615-741-2239 rep.john.deberry@capitol.tn.gov

Vincent Dixie 615-741-1997 rep.vincent.dixie@capitol.tn.gov

Jason Hodges 615-741-2043
rep.jason.hodges@capitol.tn.gov

Chris Hurt 615-741-2134
rep.chris.hurt@capitol.tn.gov

Tom Leatherwood 615-741-7084 rep.tom.leatherwood@capitol.tn.gov

Bill Dunn 615-741-1721 rep.bill.dunn@capitol.tn.gov

Harold Love, Jr. 615-741-3831
rep.harold.love@capitol.tn.gov

Antonio Parkinson 615-741-4575
rep.antonio.parkinson@capitol.tn.gov

John Ragan 615-741-4400
rep.john.ragan@capitol.tn.gov

Iris Rudder 615-741-8695
rep.iris.rudder@capitol.tn.gov

Jerry Sexton 615-741-2534
rep.jerry.sexton@capitol.tn.gov

Kevin Vaughn 615-741-1866
rep.kevin.vaughn@capitol.tn.gov

Terri Lynn Weaver 615-741-2192
rep.terri.lynn.weaver@capitol.tn.gov

Ryan Williams 615-741-1875
rep.ryan.williams@capitol.tn.gov

John Mark Windle 716-741-1260
rep.john.windle@capitol.tn.gov

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Inconvenient Facts

As Governor Lee’s school voucher proposal begins its legislative journey today, the Tennessee School Boards Association (TSBA) is out with some key facts about the bill as it is currently constructed. These facts expose the plan for what it is: A large scale transfer of public money to fund unaccountable private schools. The plan fails to significantly address fraud and fails to hold schools receiving taxpayer dollars to the same standard as our state’s traditional public schools must meet.

Here’s more from TSBA:

EDUCATION SAVINGS ACCOUNTS (ESA)
This week, the the Administration filed Amendment 005240 to HB939/SB795 by Lamberth/Johnson, a caption bill, which is the Governor’s Education Savings Accounts (ESA) proposal. Click here to view the Amendment. There has been much speculation and reporting over the last several weeks about the details of the bill and we finally have the specific language. Some noteworthy provisions of the ESA bill are as follows:

  • Accountability. The accountability of participating ESA providers was a point of emphasis for many legislators. The Governor’s proposal only requires the ESA student to participate in annually administered TCAP tests for math and English language arts. There is no requirement for standardized or end-of-course testing in science, social studies, the Governor’s civics program, or the ACT, which is required in 11th grade. Public dollars will pay for education that is inconsistent with what the General Assembly has mandated of public schools. Recent emphasis on accountability has made Tennessee one of the fastest improving states in education. This ESA proposal abandons those efforts. 
  • Zoning. An eligible student must be zoned to attend an LEA with 3 or more schools among the bottom 10%. However, there is no requisite time period for the student to have been zoned in that LEA. It appears a student could move to a qualifying LEA and immediately be eligible for the ESA program. 
  • Postsecondary Funding. The bill defines a “legacy student” as a student who had graduated high school and has funds remaining in their ESA account. A legacy student can utilize the remaining funds for approved postsecondary expenses. This may create an unintended incentive for participants to minimize early education costs in order to save the funds for college. 
  • Approved Expenses. Among the approved expenditures for ESA funds are contributions to a § 529 college savings educational investment trust account. However, there is nothing in the bill that requires the student/parent to actually use the fund for college or that prohibits withdrawal from the college savings account. In theory, a parent could apply all ESA funds from K-12 (approximately $100,000) to a § 529 account, then decide not use the funds for college and pocket the money, subject to withdrawal penalties. 
  • Return to the LEA. A participating student may return to the LEA at any time, at which point, the ESA would be closed and any remaining funds returned to the state. However, there is no requirement that any balance remain in the ESA at the time of return. An ESA participant could use all disbursements up to that point (e.g. approved computer hardware or other technological devices) and return to the LEA without penalty, at which point the LEA bears the entire financial burden of educating the child for the remainder of the school year. 
  • Enrollment Limit. Enrollment is capped at 5,000 in the first year, but will triple to 15,000 by the fifth year and grow by 1,000 each year thereafter, assuming sufficient applications are submitted. The Governor plans to budget $25 million in each of the next three years to fund the anticipated first year of implementation in 2021-2022. It is difficult to image how this ESA program with a maximum enrollment could be funded in five years without significantly reducing the funds available for public education. 
  • LEA Reimbursement. The Governor’s proposal was reported to include a reimbursement model to compensate LEAs for loss of funds associated with ESAs. While the bill creates an annual grant to reimburse LEAs in the amount of BEP funds diverted to ESAs, it limits the reimbursement period to 3 years and restricts the use to school improvements. Following that 3 year period, the grant funding will go exclusively to priority schools. This begs the question, how are LEAs supposed to compensate for the loss of funding due to ESAs? There is no indication that any funding will be provided for the loss after year 3 of the program. 
  • Fraud Prevention. Other states with ESA programs have experienced rampant fraud. Some states only provide funds on a reimbursement basis after receipts are provided. The Governor’s proposal, on the other hand, requires the department to fund the ESA account at least quarterly and not on a reimbursement basis. The Department of Education is required to establish a fraud reporting service and may contract or conduct random, quarterly or annual review of accounts, but it is unclear exactly what monitoring and auditing procedures will ensure appropriate use of ESA funds. 

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