education savings accounts

Nashville, Memphis school districts threaten to sue over vouchers

The school districts covering Nashville and Memphis are threatening to sue the state if the General Assembly passes legislation to enact an expanded school voucher program affecting only their students. The so-called Education Savings Account bill passed both the House and Senate last week, but in competing forms.

Here’s the full release from Shelby County Schools and Metro Nashville Public Schools:

State’s 2 Largest School Districts Oppose Education Savings Account Legislation as Unconstitutional

The Education Savings Account (ESA) legislation violates Article XI, Section 9 of the Tennessee Constitution because it is arbitrarily limited to only a portion of the state when the Constitution requires any Act of the General Assembly to apply statewide unless approved by a local legislative body or through a local referendum.

The language, in both the House and Senate versions of the bill, reflects an arbitrary application to Shelby County Schools (SCS) and Metro Nashville Public Schools (MPNS), as there are school districts such as Madison and Fayette county with larger or nearly the same percentages of schools performing in the bottom 10 percent. The legislation also applies to only certain districts with priority schools from the state’s 2015 priority school list even though there is a more current list from 2018 that includes schools in Campbell, Fayette, Madison and Maury counties. These districts are arbitrarily left out of the legislation.

Should this legislation be signed into law, an immediate constitutional challenge is likely to ensure equal protection under the law. Shelby County is no stranger to asserting and prevailing on such constitutional challenges as reflected in the November 27, 2012 decision in the case of Board of Education of Shelby County Tennessee et al v. Memphis City Board of Education by federal Judge Hardy Mays which rendered a similar bill void that was local in effect.

“If the Governor and Legislature are determined to pass a general law that would apply arbitrarily only to us or a limited number of school systems, we will be sure to exhaust all of our legal options,” said SCS Superintendent, Dr. Joris M. Ray.

“No matter what you call them, vouchers are a bad idea. They are not what we need for public schools. We owe it to this generation of students — and to all of those who follow them – to fight for a system that is fairly funded,” said Dr. Adrienne Battle, the MNPS Interim Director.

If the ESA bill becomes law, Shelby County Schools and Metro Nashville Public Schools stand prepared to evaluate and pursue all legal remedies that ensure that the constitutional guarantees of equal protection under the law remain intact for the children and families of our districts and state.

 

Voucher bill clears House floor, Senate committee by single vote each

It was a day for close votes for Gov. Bill Lee’s school voucher proposal. First, the measure received the bare minimum number of votes in a 6-5 decision by the Senate Finance Committee to send the bill to a full floor vote. Then, House Speaker Glen Casada (R-Franklin) had to keep the voting board open for 40 minutes in order to persuade a lone holdout — Rep. Jason Zachary (R-Knoxville) — to change his vote from no to yes and get the bill the 50 votes it needed to pass.

Here’s your Senate Finance Committee vote in graphical form.

Senators voting yes were, from left, Brian Kelsey, John Stevens, Ferrell Haile, Todd Gardenhire, and Bo Watson. Voting no were Joey Hensley, Ken Yager, Brenda Gilmore, Jeff Yarbro, and Richard Briggs.

Here’s the House vote:

Representatives voting aye were: Baum, Boyd, Carter, Cepicky, Crawford, Curcio, Daniel, DeBerry, Doggett, Dunn, Eldridge, Faison, Farmer, Garrett, Hall, Helton, Hill M, Hill T, Holt, Howell, Hulsey, Hurt, Johnson C, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Moon, Ogles, Powers, Ragan, Reedy, Rudd, Rudder, Sanderson, Sexton J, Sherrell, Smith, Sparks, Terry, Tillis, Todd, Van Huss, White, Williams, Zachary, Mr. Speaker Casada — 50.

Representatives voting no were: Beck, Bricken, Byrd, Calfee, Camper, Carr, Chism, Clemmons, Cochran, Coley, Cooper, Dixie, Freeman, Gant, Griffey, Hakeem, Halford, Hardaway, Haston, Hawk, Hazlewood, Hicks, Hodges, Holsclaw, Jernigan, Johnson G, Keisling, Lamar, Love, Miller, Mitchell, Parkinson, Potts, Powell, Ramsey, Russell, Sexton C, Shaw, Staples, Stewart, Thompson, Towns, Travis, Vaughan, Weaver, Whitson, Windle, Wright — 48.

Voucher bill to be dialed back to apply to just Shelby and Davidson

Gov. Bill Lee speaks at a Philips event in Nashville on April 2, 2019. (Erik Schelzig, Tennessee Journal)

After many twists and turns, Gov. Bill Lee’s expanded school voucher bill is headed for a floor vote in the House this week. And in the Senate, the bill is being dialed back to apply only to the counties encompassing Nashville and Memphis.

The Education Saving Account proposal started out as applying to any district in which three or more schools fell in the bottom 10%. That would have meant Shelby, Davidson, Knox, Hamilton, and Madison Counties. Several rural lawmakers were worried that the next listing of priority schools could plunge their home districts into the bottom 10% and thus open the floodgates of unwanted vouchers in their home areas, too.

Lee promised a “hold harmless” provision for districts where the ESA program would be made available by creating a fund outside the Basic Education Program formula to reimburse them for the state money that goes away when students leave to take ESAs. That provision was largely abandoned in the House to instead have much of that money flow toward rural districts with priority schools. The Senate appears less enamored by that approach.

The ESA’s themselves have created controversy by allowing parents to spend the $7,300 per year on educational items beyond tuition, including electronic equipment, uniforms, and college savings. Critics worry that that will open the program up to abuse.

Homeschooling was stripped out of the House bill, but remains in the Senate version. Both chambers’ bills would create call for a citizenship test despite a U.S. Supreme Court ruling requiring states to provide K-12 education to all students regardless of their immigration status.

The bill is scheduled for a House floor vote on Tuesday and for the Senate Finance Committee on Wednesday.

Never assume? Lee loses key Chattanooga Republican on voucher bill

Legislative leaders kick off the joint convention to inaugurate Gov. Bill Lee in Nashville on Jan. 19, 2019. From left at podium are House Majority Leader William Lamberth, Senate Speaker Randy McNally, Senate Majority Leader Jack Johnson, and House Speaker Glen Casada. (Erik Schelzig, Tennessee Journal)

Republican Gov. Bill Lee’s administration needs six votes to get its school voucher bill out of the Senate Finance Committee. Until recently, outspoken Sen. Todd Gardenhire (R-Chattanooga) was believed to be among those expected to vote to advance the measure. Not so, reports Andy Sher of the Chattanooga Times Free Press.

“I’d carried every voucher bill for the past six years,” Gardenhire told the paper. “But this was one I could not go along with.”

(Full disclosure: The print edition of The Tennessee Journal was among those buying into the assumption that Gardenhire would be among the bill’s supporters.)

Gardenhire has long fought to make in-state tuition rates available to children brought to the country illegally. A provision of the voucher bill aimed to screen the immigration status of K-12 students is a major reason for Gardenhire’s opposition.

“As you know, I’ve been a big proponent of making sure they get an education they’re supposed to get,” said Gardenhire. “And [Lee] and I have a fundamental disagreement on that.”

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Here’s what is in the Senate version of the voucher bill

Gov. Bill Lee speaks at a Philips event in Nashville on April 2, 2019. (Erik Schelzig, Tennessee Journal)

The Senate version of Gov. Bill Lee’s school voucher proposal would double the number of students who could participate in the Education Savings Account program to 30,000.

The measure scheduled to be heard in the Senate Education Committee on Wednesday would also dial back the testing requirements for students going to private school.

Instead of requiring the same TCAP test for math and English (but not science or social studies) that is administered to public school students, private schools could give their students a “nationally norm-referenced test” approved by the state Education Department. Examples of those standardized tests include the ACT and PARCC. That’s a provision likely to further outrage public school teachers who have long complained about the state-specific testing regimen.

Just as in the House bill, the program would be capped at 5,000 students in the first year, followed by increments of 2,500 in the next four years. But while the lower chamber’s bill envisions limiting the pilot program at 15,000, the Senate bill would continue to allow the program to grow by 2,500 students each ensuing year until it reaches an enrollment of 30,000.

Homeschooling appears to make a comeback in the Senate bill after being excised from the House version.

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