Voucher Wars

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Every single year, in a legislature that meets in Nashville, one issue rises from the ashes again and again. That issue: Vouchers.

This year, there are multiple school voucher proposals and just about all of them will be up for consideration in the Senate Education Committee on Wednesday.

Here’s a rundown of the bills and what they would do:

SB161/HB126 – Senator Brian Kelsey/Rep. Harry Brooks

This bill would create a pilot voucher program in Shelby County. Voucher advocates have been pushing some version of a statewide voucher program for the past four years. So far, they haven’t been successful. Now, they are trying to limit the plan to Shelby County to start in hopes they can garner additional votes.

SB380/HB336 — Sen. Todd Gardenhire/Rep. Bill Dunn

This is the voucher bill that has failed the past four years. It would allow students from districts with at least one “priority school” to apply for a voucher.

SB573/HB715 — Sen. Dolores Gresham/Rep. Debra Moody

This bill would expand eligibility to the failing IEA voucher program. Despite claims of widespread demand for this program, so far, only 39 students have taken these vouchers.

SB987/HB1109 — Sen. Kelsey/Rep. John DeBerry

This bill would also change (expand) eligibility for the IEA vouchers. It would allow students who had not previously attended public schools to obtain this voucher.

SB395/HB460 – Gresham/Rep. Roger Kane

This is an Education Savings Account (ESA) bill with no eligibility restrictions. This bill would allow the parents of any student to convert their BEP funding into a debit card or have the money wired into a checking account to use for approved education expenses.

Here’s the deal: Vouchers don’t work. The recent evidence is clear. Here’s what I wrote last week after reading recent research on the issue:

Some state policymakers (State Rep. Bill Dunn, State Senator Brian Kelsey, Governor Bill Haslam) are asking taxpayers to invest in a voucher scheme. These advocates suggest that a voucher program can provide a path to better outcomes for students. However, the results of statewide programs in three different studies indicate just the opposite: Vouchers offer a path to dismal achievement.

Tennessee lawmakers should take a look at the evidence. Vouchers just don’t work. In fact, they harm the very students voucher advocates claim to want to help. Instead of funding voucher schemes we know don’t get results, the state should focus on funding existing programs that will enhance education for all students.

Despite overwhelming evidence that vouchers fail, expect the voucher wars to wage just as hot this session — and next week.

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


 

What Did They Just Do?

The Tennessee General Assembly today passed a bill to create a voucher system for students with IEPs. The plan was limited from its original scope to only apply to the most severe cases.

The vote in the House was particularly close, with 52 representatives voting in favor — 50 are required for passage.

What does the bill do?

If you ask the sponsors (and a number of members did), they really don’t know. Essentially, the legislation (HB138) creates individual education accounts of around $6600 to be provided to the parents or guardians who meet the qualifications in the amendment. They must have an IEP. Around 18,000 students (those with autism, blind or deaf, mental disabilities, and orthopedic disabilities) qualify.

A similar program in Florida, started in 1999, has been expanding rapidly. And, it’s been subject to fraud. When asked about what safeguards Tennessee’s plan will have, the sponsors said that the bill calls on the departments of education and health to qualify vendors. When asked what standards may be used to qualify vendors, the sponsors said they didn’t know.

When asked if the money will be distributed as a debit card or a bank account or a voucher, the sponsors didn’t know.

An important element of the bill is that any parent/guardian who accepts the voucher MUST forfeit their rights under the Individuals with Disabilities Education Act. That’s a pretty big deal. When asked what rights, exactly, parents would be forfeiting, Rep. Roger Kane, a co-sponsor, said, “They are all listed in the IDEA.”

Indeed they are. And it’s pretty important. The rights include:

The right of parents to receive a complete explanation of all the procedural safeguards available under IDEA and the procedures in the state for presenting complaints

Confidentiality and the right of parents to inspect and review the educational records of their child

The right of parents to participate in meetings related to the identification, evaluation, and placement of their child, and the provision of FAPE (a free appropriate public education) to their child

The right of parents to obtain an independent educational evaluation (IEE) of their child

The right of parents to receive “prior written notice” on matters relating to the identification, evaluation, or placement of their child, and the provision of FAPE to their child

The right of parents to give or deny their consent before the school may take certain action with respect to their child

The right of parents to disagree with decisions made by the school system on those issues

The right of parents and schools to use IDEA’s mechanisms for resolving disputes, including the right to appeal determinations

Depending on the child’s disability and a school system’s ability, the parents may be entitled to provision of services by private providers at school system expense. The advantage being that there is accountability to the LEA for providers offering the services.

So, forfeiting one’s IDEA rights is a big deal. And it could mean kids are not well-served by private providers.

An analysis of similar programs across the country found that none of them were subject to state testing to determine student outcomes and that accountability provisions were weak or non-existent. This analysis also noted that as early as 2003, Florida realized its 4-year-old program was subject to fraud. But this 2011 report highlights significant fraud ongoing in the expanding Florida program.

Just a four years ago, Tennessee authorized the creation of the Tennessee Virtual Academy operated by for-profit provider K-12, Inc. At the time, Senator Andy Berke warned of K-12, Inc.’s problems in operating virtual schools in Arizona. He asked how we could be sure there wouldn’t be fraud in Tennessee’s virtual school operated by K-12. The sponsor, Senator Dolores Gresham, said that the accountability would be built-in by the rules.

Yesterday, after $43 million spent on K-12, Inc. in Tennessee, Senator Gresham led the opposition to a last-ditch effort to keep K-12, Inc. open. To her credit, this was an admission that the experiment she had championed had failed. Gresham correctly noted that the Tennessee Virtual Academy was the worst performing school out of 1700 Tennessee schools.

Here’s the problem: Tennessee taxpayers won’t get their $43 million back. More importantly, the children who were poorly-served by TNVA can’t get their time back. They will return to other education environments behind their peers and possibly unable to complete school.

If the IEP voucher program fails, what will happen in two or three or four years to the children who were in the program? How will we ensure the accountability measures work for this program when they failed miserably for TNVA? And if the argument is that they worked for TNVA because the school is closing now, what happens to those kids who might lose years of their lives to a failed experiment?

What did the Tennessee General Assembly just do?

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