Penny’s Power Grab

Legislation that would give Commissioner of Education Penny Schwinn broad authority to fire a school system’s superintendent and remove the school board is advancing in the Tennessee General Assembly.

Chalkbeat has more:

A bill outlining reasons the state may take over a local school district cleared its first legislative hurdle Tuesday. 

Rep. Scott Cepicky, a Republican from Maury County, said his proposal aims to strengthen Tennessee law by providing a clear process for when the state education commissioner should take control of a district, which could include firing the superintendent and replacing elected school board members.

It’s no surprise that Gov. Bill Lee, who has long expressed distrust of local school boards, is behind this measure.

Cepicky’s comments in support of the bill, however, indicate he is disconnected from the reality of how schools operate in Tennessee.

“I’m here arguing for students, folks — the students that are trapped in failing school systems,” he said. “Most of our school systems are doing the best they can … but there are districts out here that are failing these kids year after year after year, and we’ve got to address that moving forward.”

It’s interesting that Cepicky serves on the education committees of the House, even chairing the Education Instruction subcommittee and yet he has made exactly zero moves to improve the state’s failing school funding formula.

If Cepicky would like to talk about who has been failing Tennessee’s students year after year after year, he need only look around at the legislature and note that the body’s majority party has done precious little to improve the situation.

Tennessee ranks 46th in school funding and consistently receives an “F” in both funding level and funding effort in national rankings. The legislature’s own advisory commission suggests the school funding formula (BEP) is $1.7 billion behind where it should be.

Still, Cepicky cheerily carries the water for a governor who has so far refused to demonstrate any sort of commitment to investing our state’s resources into schools in a meaningful way.

If only Cepicky chaired a key education subcommittee or sat on another education committee or maybe if he were a member of the majority party or a representative trusted to carry key pieces of the governor’s agenda, maybe then he could actually make a difference where it mattered.

Instead, he’ll have to be content to lament the failing schools allowed to beg for cash from a position of zero power or influence.

Oh, and since Cepicky is so concerned about failing schools, one can only assume he opposes Lee’s efforts to extend the reach and control of the Achievement School District.

I’ll be waiting for Cepicky’s statement on the matter.

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In Light of These Outcries

It seems that someone is finally listening to educators from across the state who have consistently complained about poor management at the Tennessee Department of Education. Let’s be clear: Though flippant and abrasive, current Commissioner of Education Penny Schwinn is merely carrying out the privatization agenda of her boss, Gov. Bill Lee.

Still, it’s noteworthy that both Senator Dolores Gresham and Rep. Mark White (who chair the education committees in the Senate and House, respectively) are now calling for an investigation into the financial management practices at the DOE under Scwhinn.

Here’s more from Chalkbeat:

Two legislative leaders are calling for an investigation into the Tennessee Department of Education’s management of millions of dollars earmarked for coronavirus relief, as well as the state’s school voucher program for students with disabilities.

Sen. Dolores Gresham and Rep. Mark White, who chair the legislature’s two main education committees, want the state’s chief internal investigator to look into “questions and concerns” raised about both CARES funding and the 4-year-old voucher program known as Individualized Education Accounts.

Neither lawmaker provided details but, in an Oct. 23 letter to Comptroller Justin P. Wilson, said the concerns “come from every level of education across the state.”

“In light of these outcries,” they wrote, “we respectfully request that your office conduct an investigation into the management of these two areas to determine if they are being administered in accordance with both state and federal law.”

That only took — FOREVER. It’s nice to know the legislature would rather placate a governor hellbent on privatizing our schools instead of actually paying attention.

Here’s …. LOTS of evidence that Gresham and White clearly missed because they are either willfully ignorant or … YOU make the call:

Those are a few examples.

Make no mistake, Bill Lee stands by Penny Schwinn. This is HIS agenda.

Today is Election Day 2020. If you want a different outcome for Tennessee schools, the next time you can vote for someone other than Bill Lee is in November of 2022.

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A Note on Teacher Evaluation

Amid this interesting post by Nashville education blogger TC Weber is a note on the challenges of teacher evaluation in the age of COVID-19. While groups like the TEA have called for halting TNReady and teacher evaluation during this trying time, Gov. Lee and Commissioner Schwinn seem intent on moving forward.

Here’s more from Weber:

Furthermore, at the urging of Commissioner Schwinn, despite her public position, MNPS leadership is continuing to push forward with teacher evaluations. Principals have been given direction that evaluations need to be completed by the beginning of December. I’m really curious since the majority of instruction has been delivered remotely and remote instruction is a new frontier, who is qualified to do these evaluations? Will these evaluations take in the hours of uncompensated time that teachers have put into self-teach themselves on delivery remote instruction? Will the stress from trying to meet student needs while taking care of their families be factored in? Will the challenges associated with students not showing up be included? What about middle school teachers who found themselves suddenly creating new lesson plans for students based on the halting of the district re-entry plan?

The whole idea of evaluations at this time is inappropriate and should be suspended until a sense of stability is achieved. Unfortunately, Schwinn and the Governor need those evaluations to generate data in order to support their dastardly deeds. One long term DOE employee recently responded to an inquiry of mine by saying, “I have no idea. My sole job these days seems to be focused on forwarding the career of Penny Schwinn.” Teacher evaluations at this time reek of the same odor.

Read the entire post for more on COVID-19 and MNPS>

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What Passes for Rigor

Nashville education blogger TC Weber takes on the recently released CREDO study of supposed student learning loss in his most recent post. It’s the study relied on by Education Commissioner Penny Schwinn as she doubles down both on the need for kids to return to in-person instruction AND the critical need for ever more testing.

Here’s one paragraph that stood out to me:

Third, the need for rigorous student-level learning assessments has never been higher. In particular, this crisis needs strong diagnostic assessments and frequent progress checks, both of which must align with historical assessment trends to plot a recovery course. The losses presented here implicitly endorse a return to student achievement testing with the same assessment tools for the foreseeable future. At the same time, preserving and expanding the existing series is the only way to reliably track how well states and districts are moving their schools through recovery and into the future.

That’s directly from CREDO. Yes, they’re saying we need to continue with the testing regime we have. Since the folks at CREDO seem so interested in testing that aligns with “historical assessment trends,” let’s take a brief look at just how well testing has gone in Tennessee over the past few years.

To say that TNReady has been disappointing would be an understatement. From day one, the test has been fraught with challenges. There have been three vendors in five years, and a range of issues that caused one national expert to say:

“I’m not aware of a state that has had a more troubled transition” to online testing, said Douglas A. Levin of the consulting group EdTech Strategies.

Here’s more from the TNNotReady chronicles:

Hackers. Dump Trucks. Lies. Three vendors over five years. A broken system that sucks the life out of instructional time. That’s what CREDO and Commissioner Schwinn want to continue. Make no mistake, this is not about what’s good for Tennessee kids – it’s most definitely about what’s good for national testing companies and the Commissioner’s career aspirations.

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Where Did This Data Come From?

Haywood County’s Director of Schools (Joey Hassell) always asks the important questions. He’s a former Assistant Commissioner for Special Education at the Tennessee Department of Education, so he’s familiar with how the education policy game is played in Nashville. Fellow blogger TC Weber reports on the questions surrounding Schwinn’s manipulation of data to fit her narrative:

What I’m referring to, of course, is the Governor’s press conference where Lee and Schwinn handed out information that indicated Tennessee’s students were suffering a decrease in learning proficiency of 50% in literacy and 65%. The information was alarming but should have raised questions about how it was arrived at. As quoted by Chalkbeat,

“My biggest question is, where did this data come from? What districts provided it?” asked Joey Hassell, superintendent of schools in Haywood County, near Memphis. “We have not provided any data and, as far as I know, the state has not asked for it.”

According to the online magazine Center Square – who is currently providing some of the best coverage available on Tennessee Education issues – projections were developed from a study by the department conducted with national researchers in June of how students were projected to perform this year. Chalkbeat went a little further, pointing out that she also cited early diagnostic testing data voluntarily provided by some school districts, as well as the results of an optional state assessment that more than 30,000 students statewide reportedly took at the beginning of the academic year. None of which was provided to district leaders or members of the media.

READ MORE>

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Gross Misrepresentation

That’s how one school district leader described Education Commissioner Penny Schwinn’s recent statements on learning loss as a result of school schedule changes related to COVID-19. Chalkbeat has more:

Pre-pandemic test data analyzed by national researchers — not recent back-to-school test results from Tennessee students — was the basis for state projections this week that proficiency rates will drop by 50% or more for third-grade reading and math due to schooling disruptions during the pandemic.

Schwinn had said her estimates were informed by back-to-school testing data that was voluntarily shared by some Tennessee school districts, combined with national study and analysis by two groups. But asked later for details, members of her staff referred only to “national researchers using historical, Tennessee-specific data.” That data dates from 2014 to 2019, before the coronavirus emerged in the U.S.

Numerous superintendents said Schwinn’s comments were misleading in suggesting that recent homegrown data was taken into account in formulating the state’s projections.

“This is about doing your homework,” said Leah Watkins, superintendent of Henry County Schools in West Tennessee. “Before the state releases numbers to millions of Tennesseans, let’s make sure it’s accurate and shared with appropriate context.”

She called the presentation a “gross misrepresentation” that left out important facts.

“It sends a message to the public of gloom and doom — that what we’re doing in our public schools is not adequate,” Watkins said.

READ MORE>

Perhaps Commissioner Schwinn is borrowing from the McQueen playbook when it comes to her relationship with the facts.

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Upheaval

The Tennessee Department of Education is in disarray, and the disruption is impacting students and their families, according to a recent story in Chalkbeat.


… the disbursements she receives to pay for curriculum and tutoring started showing up late, said Moore, who lives in Bartlett, northeast of Memphis. She had to borrow money in December to cover the costs. The state office she had known as responsive and helpful suddenly took weeks to return calls.


“Everything fell apart,” said Moore, who has limited income and receives disability payments.


Tennessee’s Republican-backed Individualized Education Account program, or IEA, is under increased scrutiny. Democrats and other voucher opponents are seizing on problems in the program — including parents being cited for disallowed purchases — to bolster their case that Tennessee can’t be trusted to launch a second, larger school voucher program this summer on Republican Gov. Bill Lee‘s accelerated timeline.


But Moore’s experience, and that of other parents like her, spotlights another aspect of the existing voucher program that has received little public attention: upheaval and uncertainty in the state Department of Education office charged with overseeing the relatively small initiative.


The resignations of the IEA director and her two staff members, a lag in replacing them, a failure by the state to answer pleas for more resources, and the challenges of overseeing a complicated program have all contributed to delayed disbursements and a frustrating information void in recent months, according to parents and current and former education department employees.

The challenges with the IEA voucher program and staff are just one example. Some in the Department of Education suggest the state will have difficulty administering the TNReady test this year:


An employee still with the department sums up her concerns by saying, “There is a complete lack of urgency or understanding regarding the human resource needs to launch an effective assessment in support of the districts, schools, teachers, students and parents of Tennessee.”

And then, there are reports of late night rants via email. Multiple sources confirm these reports.

All of this is occurring while the Department of Education also engages in questionable no-bid contracts such as the one awarded to ClassWallet to oversee the larger voucher program set to start in Memphis and Nashville this year.

Supposedly, all of this “upheaval” will be good for kids in the long-term. I suspect many school leaders, parents, and even legislators are becoming quite skeptical.

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No Bid? No Surprise!

At a legislative committee meeting Monday, it was revealed that the contract that outsourced administration of the Education Savings Account (ESA) voucher scheme was awarded without competitive bidding. Chalkbeat has more:


A legislative review of new voucher rules gave Mitchell and other Democrats an opportunity to grill state education officials for almost two hours on Monday about details for the program’s start.


Among the revelations: The department did not go through a competitive bidding process or the legislature’s fiscal review committee to secure its contract with ClassWallet.

The lack of adherence to bidding procedures should come as no surprise as Commissioner of Education Penny Schwinn faced similar challenges when she held a senior level position in the Texas Education Agency:


On November 21, 2017, then-Texas special education director, Laurie Kash, blew the whistle on the Texas Education Agency’s (TEA) entering into a $4.4M no-bid contract with a special education data collecting company, SPEDx; she filed a report with the US Department of Education (USDOE) Office of Inspector General (OIG).

Kash’s supervisor? Penny Schwinn.

In short, Schwinn is doing what she’s always done: Bending the rules to serve her needs.

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Penny’s Turnover

WPLN reports on more concerns being raised about Tennessee Education Commissioner Penny Schwinn and turnover in the department she leads. Here’s more:


It’s no secret that the agency is struggling to retain employees. According to data provided by the state, the turnover rate under Commissioner Penny Schwinn’s first nine months is about 18%.


Rep. Gary Hicks, R-Rogersville, told WPLN News he’s been hearing from people in his district about the issues within the state agency and about the concerns of the turnover rate.


“What we have to (do) as legislators is we just monitor the situation and try to figure out what those factors are that’s contributing to the rate that we are seeing,” Hicks said.


Rep. Mark White, R-Memphis, worries about the institutional knowledge in the agency.


“We do have concerns because of the amount of turnover, many from the institutional knowledge that we depend on to get answers,” White, the chairman of the House Education Committee, told WPLN News on Friday.

Earlier concerns raised by department insiders include a lack of readiness for this year’s administration of the TNReady test:


An employee still with the department sums up her concerns by saying, “There is a complete lack of urgency or understanding regarding the human resource needs to launch an effective assessment in support of the districts, schools, teachers, students and parents of Tennessee.”

The legislature reconvenes on January 14th. It will be interesting to see how these concerns are expressed.

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#Schwinning

Mercedes Schneider offers more detail on a case out of the Texas Education Agency that probably should have raised some concerns for Tennessee Governor Bill Lee BEFORE he hired now-Commissioner of Education Penny Schwinn.

On November 21, 2017, then-Texas special education director, Laurie Kash, blew the whistle on the Texas Education Agency’s (TEA) entering into a $4.4M no-bid contract with a special education data collecting company, SPEDx; she filed a report with the US Department of Education (USDOE) Office of Inspector General (OIG).

The following day– November 22, 2017– Kash was abruptly fired via email. (For these details and more, see my March 19, 2018, post.)

She sued for wrongful termination, and on November 22, 2019– two years to the day following Kash’s termination– the USDOE Office of Hearings and Appeals ruled in Kash’s favor. From the ruling:

The OIG report found that Kash’s communications with OIG and TEA’s internal audit office were a contributing factor in TEA’s decision to terminate her employment. Although TEA asserted other reasons for firing Kash, the OIG report found TEA did not provide clear and convincing evidence that it would have taken the same the personnel action without Kash’s disclosure.

Now, Tennessee has a Commissioner of Education causing a bit of disruption and there are even questions about the relative readiness of this year’s TNReady test:

There is a complete lack of urgency or understanding regarding the human resource needs to launch an effective assessment in support of the districts, schools, teachers, students and parents of Tennessee.

I guess that’s what you’d call Schwinning?

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