Tag Archives: Dolores Gresham

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Killing K-12, Inc.

I wrote earlier about legislation filed this session that would extend the life of failing Tennessee Virtual Academy (TNVA) operator K-12, Inc.

Now, legislation has been filed that would effectively kill K-12, Inc. in Tennessee.

HB 1331/SB 1363 by Rep. Mike Stewart and Sen. Jeff Yarbro, both of Nashville, would have the effect of ending K-12, Inc.’s reign as an unchecked operator of a failing virtual school.

Here’s the basic language of the bill:

Local Education Agencies – As introduced, prohibits an LEA from contracting for services with a nonprofit or for-profit operator or manager of a virtual school if the contract requires the LEA to pay more per pupil for students in the virtual school than the operator or manager charges individual students for its services. – Amends TCA Title 49, Chapter 16, Part 2.

Union County is the LEA “home” of the Tennessee Virtual Academy, a school that has been among Tennessee’s lowest performing since its opening. K-12, Inc. operates the school and does so at an apparent profit.

Interestingly, in Wednesday’s Senate Education Committee meeting, Sen. Todd Gardenhire of Chattanooga brought up virtual schools during a presentation on Pre-K that had nothing to do with virtual schools.

Gardenhire repeatedly asked if online instruction, such as that offered through a virtual school, would be the most appropriate option for a student diagnosed with Autism. When the representative from the Tennessee Department of Education said that it would depend on the quality of the virtual program, Gardenhire persisted, accusing the TN DOE of hedging on the issue.

Gardenhire asked if it was appropriate to close a virtual school that might be the only option for an Autistic child.

This line of questioning was interesting not just because it was irrelevant to the topic at hand. It also outlines a likely line of argument proponents of K-12, Inc. such as Gardenhire and Senate Education Committee Chair Dolores Gresham will use in defending the school’s continued operation in the state.

To be clear, the legislation filed by Stewart and Yarbro will not close all virtual schools. Districts are free to operate their own virtual schools that comply with the legislative language. The virtual school operated by MNPS would qualify, for example. But, the bill would close the TNVA — an entity that has both drained taxpayer dollars and failed to serve students during its time in operation.

More on K-12, Inc. in Tennessee:

Cash vs. Kids?

K-12, Inc. faces Tennessee Trouble

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

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Still Opposed

After mistakenly suggesting that she might actually be listening to the teachers in her district on education issues, Dolores Gresham quickly issued a clarifying statement today setting the record straight.

The confusion began when Gresham reportedly told the Associated Press  she was “OK” with the Common Core State Standards.

The AP reported that Gresham said:

“I have talked to teachers who have told me in so many words, at last, we are no longer dumbing down our children,” she said. “That kind of encouragement is very important when other people are not so enthusiastic.”

Gresham’s statements appeared to be a reversal of position, as she is the prime sponsor of legislation that would repeal Common Core in Tennessee and replace it with Tennessee Standards.

Gresham has historically been more responsive to her donors than to teachers in her district, carrying legislation that authorized K12, Inc.’s failing Tennessee Virtual Academy and supporting a voucher scheme backed by Koch-brothers funded Americans for Prosperity.

Just this summer, she seemed to be on the hunt for an attack on teacher tenure when she requested an Attorney General’s opinion on the issue.

However, when it appeared she might be asking for and responding to educator input on education policy, Gresham was quick to put out a statement saying she still opposes Common Core and wants it repealed in Tennessee.

According to the Tennessean, Gresham wasn’t available to further clarify her statement. But it seems her momentary intimation that she may actually be further considering her stance may have been a verbal lapse rather than a thoughtful reflection.

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

 

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AG Issues Tenure Opinion

This summer, in response to the Vergara v. California decision on teacher tenure in that state, Tennessee State Senator Dolores Gresham asked the Attorney General for an opinion on whether Tennessee’s tenure laws violated the state constitution’s protection of a student’s right to a free education of the state or federal equal protection clauses.

The short answer: No. The state’s teacher employment laws do not violate a student’s right to a free education.

Here’s the full opinion.

On the equal protection issues, the AG noted that Tennessee’s laws require a longer probationary period before tenure is awarded and that Tennessee’s dismissal process for tenured teachers is clear, fast, and relatively inexpensive.

Thanks to Tennessee Education Matters for their coverage of this issue.

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

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Gresham Takes Swipe at Teacher Tenure Laws

Senate Education Committee Chair Dolores Gresham this week began the process of questioning Tennessee’s teacher tenure and employment laws.

According to a press release, Gresham has requested an Attorney General’s opinion on the constitutionality of Tennessee’s teacher tenure and employment laws in light of the recent decision in the Vergara v. California case.

From the release:

“This is a very important decision regarding teacher employment laws, which will reverberate to states across the nation, said Senator Gresham. “Tennessee, like California, has its own constitutional provision regarding student’s education rights in addition to the Equal Protection Clause afforded by the U.S. Constitution. We certainly need to make sure that we are on sound constitutional footing, and especially whether the reforms passed over the last several years will satisfy the constitutional tests as decided in this ruling.”

Gresham asked two specific questions:

1) Whether the current statutes or state law in effect prior to July 1, 2011 governing permanent employment violate students’ rights to a free education under the equal protection provisions of the Tennessee or U.S. Constitution.

2) If Tennessee law or the statutes in effect prior to July 1, 2014, governing layoffs or the dismissal and suspension of teachers violate student’s rights to a free education under the federal and state constitutions.

The Tennessee Constitution in Article 11, Section 12 states:

The General Assembly shall provide for the maintenance, support, and eligibility standards of a system of free public schools.

It’s not clear how tenure protections for teachers would inhibit the provision (on an equal basis) of a free education for all students.

Tennessee’s tenure laws were changed in 2011.  Under those provisions, teachers must teach 5 years before tenure is considered. Only those teachers with two consecutive years of evaluation scores of 4 or 5 (the highest two scores) may be granted tenure. Teachers who fail to meet that standard cannot be granted tenure.

Under Tennessee law (TCA 49-5-511 and TCA 49-5-512), tenure affords simple due process rights to teachers.

That means that if a Director of Schools wishes to dismiss a tenured educator, the reason for dismissal must be provided in writing to the teacher.  Should the teacher wish to appeal the dismissal, the teacher has 30 days to request a hearing by an impartial hearing officer. That hearing must be scheduled within 30 days of the receipt of the request (a maximum of 60 days would pass between the notice of dismissal and the hearing).

In 2012, the Supreme Court of Tennessee, in a unanimous decision, upheld the Tennessee law that requires both written notice and the opportunity for a hearing.

What’s not clear from Gresham’s early salvo is what about affording employees basic due process impedes a student’s right to equal access to a free public education.

It seems that abiding by a process that prevents arbitrary dismissal of teachers demonstrates to students a fundamental concept of fairness.  All teachers receive a TEAM evaluation score and since 2012, that score has been used in determining the granting of tenure. The dismissal process for tenured teachers is straightforward and allows both sides to present a case.  It prevents principals or Directors of Schools from simply dismissing teachers for reasons such as politics or personality issues.

Meanwhile, the free public education to which Gresham seems concerned that all students should have access to, is undermined by a General Assembly that balances the state’s budget on the backs of teachers and schools.  In the case of Gresham specifically, she has been a tireless champion of K12, Inc., a private, virtual school that receives Tennessee tax dollars yet fails to even approach adequately educating Tennessee students.

While the Governor has appointed a duplicative BEP task force designed to avoid the uncomfortable conversation around the inadequacy of current BEP funding, Senator Gresham is starting a fight about teacher tenure.  It’s the BEP funding that could, in fact, be unconstitutional in its current form as many systems find it inadequate to meet the needs of students.

Whatever the AG opinion says, this may only be the beginning of a legislative and legal fight over teacher tenure in Tennessee.

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