Author: Marta W. Aldrich, Chalkbeat Tennessee

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State of the State: A Closer Look at Education Issues

Gov. Bill Lee delivers his State of the State address Monday evening. Credit: State of Tennessee

Gov. Bill Lee renewed his call for private school vouchers for any student across Tennessee on Monday, and he also set aside $144 million in his proposed state budget to pay for the new program for up to 20,000 students in its first year.

For traditional public schools, the Republican governor asked the legislature to raise the annual base pay for teachers from $42,000 to $44,500, in keeping with his pledge last year to get the profession’s minimum salary to $50,000 by the 2027-28 school year. (Raising the base pay has a domino effect and increases the pay of more experienced teachers, too.)

Lee also wants to invest $200 million to grow state parks and natural areas while simultaneously cutting corporate taxes amid a downturn in state revenues. But he maintained that Tennessee has “a very strong economy” to pay for all the changes.

The governor outlined his list of wants Monday evening during his 2024 address before the General Assembly, which will take up Lee’s voucher proposal and the budget in the months ahead.

He opened his remarks by calling Tennessee a “model for economic prosperity” and reminding lawmakers that state revenues are still 40 percent higher than three years ago.

However, after years of being flush with cash, the state faces a $610 million budget shortfall this year, and many lawmakers are leery of approving a universal school voucher program that Lee wants to be available to any K-12 student in 2025-26. Currently, Tennessee offers vouchers to about 3,000 low-income families in three urban counties, but his Education Freedom Scholarship Act would open them up to families in all 95 counties, eventually with no family income restrictions.

“2024 is the year to make school choice a reality for every Tennessee family,” he said, drawing a standing ovation from many legislators — but not everyone in the GOP-controlled legislature — as well as frequent jeers from some spectators in the gallery.

“There are thousands of parents in this state who know their student would thrive in a different setting, but the financial barrier is simply too high,” Lee continued. “It’s time that we change that. It’s time that parents get to decide — and not the government — where their child goes to school and what they learn.”

Lee, a Williamson County businessman who graduated from public schools in Franklin, near Nashville, touted more than $1.8 billion in new investments in public education since he became governor in 2019.

“We can give parents choice and support public schools at the same time,” he said. “You’ll hear me say that over and over again. These two ideas are not in conflict.”

The governor also released his $52.6 billion state government spending plan to begin July 1. The total was down from Tennessee’s $62.5 billion budget for the current fiscal year because of flattening revenues and expiring federal funds appropriated during the pandemic.

He proposed $8 million to hire 114 more school-based behavioral health specialists amid record reports of students experiencing stress, depression, anxiety, and other mental health challenges exacerbated by the pandemic.

Other recurring funding recommendations include $30 million to pay for summer learning programs; $3.2 million to expand access to advanced placement courses for high school students; and $2.5 million to pay for a universal reading screener as part of the state’s literacy initiative, all to offset federal funding that is drying up.

Lee is asking for $15 million in one time funding to help charter schools with facility costs.

The governor also announced that his administration will bring the legislature a bill designed to help parents oversee their child’s social media activity.

“It will require social media companies to get parental consent for minors to create their own accounts in Tennessee,” Lee said.

Such legislation would widen the state’s push against social media giants.

Last fall, Tennessee joined a coalition of states suing Meta, the parent company of Facebook and Instagram, which is accused of violating consumer protection laws and deceptively marketing its platforms to adolescents to the detriment of their mental health.

And some Tennessee school districts have joined a growing list of school systems nationwide that are suing major social media companies like TikTok and YouTube over a crisis in student mental health.

But in the wake of last year’s shooting at a private Nashville school — where three children, three staff members, and the shooter died — the governor offered no new initiatives aimed at improving school safety or decreasing gun violence, other than funding to hire 60 more state troopers.

Last year, after the March 27 tragedy, the legislature approved $140 million in grants to place an armed law enforcement officer in every Tennessee public school. But the legislature rebuffed the governor’s call for a law to help keep guns out of the hands of people deemed at risk of hurting themselves or others.

Remarks about Lee’s universal voucher plan, announced in November, drew quick responses from the leaders of the state’s two largest teacher organizations.

“The concept of universal vouchers would be costly to the state, and we urge the Tennessee General Assembly to move slowly,” said JC Bowman, executive director of the Professional Educators of Tennessee.

“In particular, we have concerns over the lack of income-eligibility requirements and accountability,” he continued. “Our state must avoid any program viewed as a tax subsidy for existing private school families or a tax bailout for struggling private schools.”

Tanya T. Coats, president of the Tennessee Education Association, said Lee’s plan shows that vouchers have never been about helping economically disadvantaged families, as the governor first characterized it in 2019.

“The goal has always been to privatize public education and use public dollars to fund private school education, which goes against our Tennessee values,” Coats said.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools. Sign up for Chalkbeat Tennessee’s free daily newsletter to keep up with statewide education policy and Memphis-Shelby County Schools.

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Key Education Issues to Watch as Tennessee Lawmakers Return

State Capitol (Photo: Tennessee State Government)

Five years after a bruising legislative battle opened the door to private school vouchers in parts of Tennessee, lawmakers are preparing to take up a controversial bill to create a similar program statewide.

Gov. Bill Lee’s universal voucher proposal, which eventually would make all K-12 students eligible to use public funding to attend a private or home school, is expected to dominate debate after the 113th General Assembly reconvenes on Tuesday.

But other issues affecting students and educators are sure to emerge in a state where education reform has been front and center since 2010, when Tennessee won $500 million in the federal Race to the Top competition to jumpstart changes.

And if the last few years are any indication, a few surprises may surface in the months ahead. Politics and tragedy have shaken up the education priorities of several recent sessions, from an 11th-hour Republican drive in 2021 to restrict classroom discussions about racism and bias to last year’s deadly Nashville school shooting that led to new investments in campus safety and dramatic protests over Tennessee’s lax gun laws.

With the GOP supermajority setting the agenda again this year, here’s a look at some big issues to watch as the opening gavel falls.

School vouchers: Lee’s expansion plan renews long-running debate

In November, the governor said he’ll introduce a new Education Freedom Scholarship Act to offer $7,075 in taxpayer money for each of up to 20,000 students statewide next school year to attend a private or home school, with eligibility restrictions for half of them. In 2025, eligibility would open up to all students, regardless of their family’s income.

The proposal would mark a massive expansion of Tennessee’s voucher program, which is now limited to three urban counties and still under-enrolled. But more than a month after Lee’s announcement, few details have been released.

“I have yet to understand where the financing is coming from,” said Sen. Page Walley, a Republican whose district includes eight rural counties in West Tennessee.

“If we jump to statewide vouchers, I don’t see how we fund it without robbing Peter to pay Paul,” he added.

Other big questions:

  • Would students accepting the new voucher scholarships have to take the same state tests as public school students in order to measure outcomes?
  • Would private schools accepting vouchers have to be state-approved or accredited, and would their teachers have to be licensed as public school educators are?
  • Would the state place stipulations on tuition costs at participating private schools, so they don’t raise their rates as many did in Arizona after the rollout of a universal voucher program?

Speaking with reporters last week, Lee promised accountability measures but declined to give specifics. He expects Republican leaders to file the bill on his behalf in the next few weeks, after his administration gets more feedback from lawmakers and stakeholders.

“Getting that input’s important for us to finalize the language that we think is the most agreeable to the most folks,” he said.

Rep. John Ray Clemmons of Nashville, who chairs the House Democratic caucus, called that approach “backwards.”

“They’re trying to craft something to get enough votes, instead of looking at the data and research on whether vouchers are good public policy,” Clemmons said.

Meanwhile, the pro-voucher Beacon Center released a poll last week finding broad support from Tennesseans for expanding such programs statewide. However, the group did not use the word “voucher,” which tends to poll worse, in its question to Tennesseans.

School safety: Renewed discussion, but no gun laws (it’s an election year)

Tennesseans were unnerved when an armed intruder shot and killed three children and three adults at a private Christian school in Nashville on March 27, in the middle of last year’s legislative session. And the growing impact of gun violence on kids across the state is undeniable.

But Republican lawmakers’ response last year was to further harden schools rather than entertain any proposals to restrict gun access — not even for people who are deemed at risk of hurting themselves or others, as the Nashville shooter had been.

“We’ll be back in January,” parents wanting stricter gun laws vowed in August after a special session on public safety yielded little action on guns.

Some of them have organized news conferences and rallies at the Capitol this week for students, educators, and others to voice their concerns. Meanwhile, a group of parents from The Covenant School in Nashville, where the tragedy took place, say they’ll continue to advocate for changes to “ensure responsible firearm ownership, safe schools, and accessible adequate mental health care for all individuals across Tennessee.”

GOP leaders anticipate the legislature will revisit many of the proposals left on the table.

They include several measures to let certain citizens or school employees carry handguns in schools, and a bill to require all public and private schools to create alarm policies that differentiate emergencies for fire, weather, or an active shooter.

A new bill, from Republican Sen. Mark Pody of Lebanon and Rep. Susan Lynn of Mount Juliet, would let schools purchase lanyards equipped with emergency alert buttons for school staff to wear around their necks.

But don’t expect the legislature to look seriously at bills to restrict gun access in an election year, according to several key Republicans.

“I do not believe there’s an appetite or pathway to success for any legislation that might be introduced that is going to infringe on constitutional rights of law-abiding citizens,” said Senate Majority Leader Jack Johnson, of Franklin.

With the latest State of the Child report ranking Tennessee near the bottom nationally for access to mental health resources, Johnson sees more room for discussion on that topic.

“I think a big conversation in the coming session will be how we strengthen our mental health safety net,” Johnson said, “as well as general access to mental health treatment in Tennessee.”

Third-grade reading law: Lawmakers may revisit retention provision — again

Last year, the legislature widened the criteria, beginning this school year, for determining which third graders are at risk of being held back if they aren’t deemed proficient readers under a 2021 law targeting pandemic learning lag.

Now under the same law, the state may have to retain thousands of fourth graders who test poorly this spring.

“I think we have to look into it,” said Rep. Mark White of Memphis, who chairs a House education committee. “We’ve probably got a lot of fourth graders who have already done summer school and tutoring but still won’t pass that test. It’s never a bad thing to have off-ramps and waivers.”

He added: “I want us to continue looking closer at Kindergarten, first, and second grades so we’re not waiting until the third and fourth grades to address these challenges.”

But Sen. Jon Lundberg, who chairs his chamber’s education panel, is less inclined to make more changes in the 2021 law.

“We’ve set the standard for proficiency and for showing adequate growth, and I don’t want to move those,” he said.

Federal education funding: Talk about rejecting it looks like just talk, for now

House Speaker Cameron Sexton, a Republican from Crossville, surprised many in his own party last year when he floated the idea of Tennessee rejecting more than a billion dollars in federal funding for students, which he said could be offset with state tax revenues.

In November, a task force appointed by Sexton and Lt. Gov. Randy McNally held hearings to explore the possibility. But Lundberg, the panel’s co-chairman, told Chalkbeat afterward that he didn’t expect the state to reject federal funds, even if it can find a way.

Legislative leaders polled by Chalkbeat last week said they haven’t heard of any legislation coming out of the hearings.

“It doesn’t hurt to know where our funding is coming from and how it’s being spent,” said White, the House’s education leader, said of the task force’s discussions, “but I don’t see that conversation going anywhere in the short term.”

Teacher shortages: Vacancies could lead to creative thinking

With Sexton declaring that Tennessee has enough state revenues to cover more than $1 billion in federal funding, plenty of public school advocates asked why the state wouldn’t use that excess instead to accelerate the governor’s plan to raise the minimum salary for teachers to $50,000 by 2027. (This year, the base is $42,000.)

Districts struggled to fill nearly 4,000 vacancies statewide last school year, especially in the middle grades, English as a second language, world languages, and special education, according to one report. And shortages of school bus drivers are a nationwide problem.

Lee told reporters that, while state revenues have flattened in recent months, Tennessee’s economy remains strong.

“We should probably look at our investments in public school funding and investments in teacher pay every year,” he said when asked about the prospect of accelerating pay increases.

But with the teaching profession facing a post-pandemic crisis in Tennessee and nationally, the legislature could also pursue other avenues to elevate the profession.

Currently, the state covers less than half of health insurance premiums for its teachers, while state employees get 100 percent of their premiums covered. Moving teachers to the state employee plan could be a boost to both teachers and the local districts that employ them.

Professional Educators of Tennessee (PET) has also called on the legislature to develop policies to address child care access and affordability for teachers, more than 80 percent of whom are female.

“If you want to keep good teachers,” said PET executive director JC Bowman, “ease their burdens so they can focus on their work in school to educate and nurture our future generation.”

To follow this year’s legislative business, visit the General Assembly’s website for calendars, committees, legislation, and livestreams.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Gov. Lee Wants Statewide School Vouchers, Eventually to All Students

Gov. Bill Lee calls for a statewide education voucher program in Tennessee during an event in Nashville on Nov. 28, 2023, as Arkansas Gov. Sarah Huckabee Sanders offers her support. (Marta W. Aldrich/Chalkbeat)

Gov. Bill Lee proposed Tuesday to take Tennessee’s education voucher program statewide, starting with up to 20,000 students who would get taxpayer money next school year to attend a private or home school.

The Republican governor also called for all K-12 students to be eligible for vouchers beginning in 2025.

Lee’s Education Freedom Scholarship Act, offering $7,075 annually for each participant, would mark a massive expansion of eligibility for a voucher program that was billed as a pilot project and is now in its second year. The state’s education savings account program, which currently is limited to three urban counties, has just under 2,000 enrollees.

During an announcement in Nashville attended mostly by lawmakers and voucher advocates, Lee said statewide voucher eligibility was his vision for Tennessee during his first gubernatorial campaign in 2018, when he called for more education choices for parents.

“Parents know what’s best for their child as it relates to education,” he said, adding that the vouchers would give all Tennessee families the freedom to choose a good fit, whether it’s in public, private, parochial, or home schools.

His plan would eventually eliminate income requirements and change who could benefit from the vouchers. Rather than giving students from low-income families an opportunity to attend private schools — the original stated purpose of Lee’s education savings account program — the universal vouchers Lee now proposes could also subsidize tuition costs for students from more affluent families who already attend private schools.

It’s uncertain whether the final legislation would hold private or home schools accepting voucher money to the same accountability standards that public schools are subject to, including testing requirements or the A-F letter grades that the state is preparing to give out for the first time in December.

“The final details of this legislation aren’t worked out,” Lee told reporters after his announcement. “This is Day One. This will be a legislative effort.”

But Lee’s proposal will face a battle when the General Assembly reconvenes in January. Even under a GOP supermajority, Tennessee’s voucher law squeaked through the House of Representatives in 2019, after sponsors agreed to limit the program to a few urban areas.

The open-ended cost of universal vouchers will be an issue in a state where financial experts have warned lawmakers recently that Tennessee’s government needs to control spending in coming years. Lee said his voucher proposal would be funded through a separate scholarship account, not the funding structure currently in place for public schools, but he didn’t provide a cost analysis.

Lee is trying to ride the momentum of other states with Republican-controlled legislatures — including Florida, Iowa, and Arkansas — that passed massive expansions of their voucher programs this year amid parent anger over pandemic-era school closures and disagreements over what kids are taught in public schools.

Arkansas Gov. Sarah Huckabee Sanders, a fellow Republican who signed a law in March creating a school voucher program in her state, appeared on stage with Lee for his announcement. She heralded the work of their states as part of a “conservative education revolution,” with vouchers as a centerpiece.

More important for the legislative battle ahead were pledges Tuesday by Tennessee House Speaker Cameron Sexton and Lt. Gov. Randy McNally to advance Lee’s voucher agenda. Sexton, a charter school advocate and likely candidate for governor in 2026, voted against Lee’s education savings account bill in 2019 and did not say why he now support’s Lee’s proposal.

However, the legislature’s Democratic leaders said Lee and GOP leadership are in for a fight — similar to the one in Texas, where a bipartisan coalition of Democrats and rural Republicans beat back Gov. Greg Abbott’s school voucher bill this month during a special legislative session.

During a morning news conference, Tennessee Democrats charged that statewide vouchers will weaken public schools and lead to cuts in everything from school personnel to arts and athletic programs, plus increased property taxes for residents. And they pledged to work across the aisle with Republican lawmakers who have been skeptical of vouchers from the outset.

“On the House side, we’re already reaching out to local officials to join us in supporting public schools,” said Rep. John Ray Clemmons, a Nashville Democrat and House caucus chairman, noting that public school districts are typically the largest employers in the state’s rural communities.

Democrats also warned that, under the governor’s plan, private schools will be able to choose the voucher students they want to accept, especially from families that are already bound for a private education.

“What this is is a coupon program for rich families who do not want to pay the full price of tuition,” said Sen. London Lamar of Memphis, leader of the Senate Democratic caucus.

Meanwhile, leaders of groups both for and against vouchers said they were mobilizing for the fight ahead.

Among the pro-voucher contingent is Americans for Prosperity in Tennessee, part of a conservative network backed by the billionaire Koch brothers, and the American Federation for Children, whose founding chairperson was Michigan billionaire Betsy DeVos.

Opposing Lee’s plan are the state’s two largest professional organizations for educators, the Tennessee Education Association and Professional Educators of Tennessee.

Tennessee has been a battleground state in the school choice movement, with a coalition of conservative political organizations using out-of-state money to campaign against incumbent lawmakers who oppose vouchers.

Lee’s newest proposal, if approved, would put Tennessee on track to become the 10th state to adopt a universal voucher program, joining states like Arizona, Ohio, Oklahoma, North Carolina, and West Virginia. But the change would happen before state officials have enough data to evaluate the effectiveness of its current education savings account program, still in its second year of operation.

For the 2024-25 school year, Lee proposes to provide 10,000 “scholarships” for students who are considered economically disadvantaged, have a disability, or are eligible for Tennessee’s current education savings account program. Another 10,000 would go to a universal pool of students across the state.

Beginning in 2025-26, Tennessee would offer vouchers to any K-12 student.

A one-page promotional document circulated by the governor office said Tennessee would prioritize “currently enrolled students, low-income and public school students if demand exceeds available funding.”

For years, Tennessee has been in the bottom tier of states in funding public education and remains in the bottom half nationally, even with a $1 billion increase this year as part of Lee’s overhaul of Tennessee’s education funding formula.

In 2020-21, before the latest investment, national data ranked the state 37th for per-student funding. And in its annual grades for education funding, the Education Law Center gave Tennessee two F’s for funding level and effort, and a D for funding distribution.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Shelby County, Nashville Drop Private School Lawsuit

Photo by Kenny Eliason on Unsplash

Nashville and Shelby County governments have pulled out of their more than 3-year-old legal dispute with the state over a 2019 private school voucher law.

The paperwork to withdraw their latest appeal was filed quietly on Aug. 25 with the Tennessee Court of Appeals, according to court documents.

The pullout by Tennessee’s two largest counties is the latest setback for efforts to overturn the controversial education savings account law, the signature legislation of Gov. Bill Lee’s first year in office.

The law, which allows the state to give taxpayer money to eligible families to pay toward the cost of private school tuition, was declared unconstitutional by a Nashville judge in 2020 because, at the time, it affected students only in Nashville and Memphis, where local officials have consistently opposed vouchers. But after several appeals, the Tennessee Supreme Court ruled in favor of the state in 2022 and resurrected the law, allowing the program to launch last year in the two counties. This fall, the state rolled out the program in Hamilton County after lawmakers voted earlier this year for expansion.

On Friday, Nashville Law Director Wally Dietz declined to comment about the decision to pull out of the suit, as did E. Lee Whitwell, chief litigation attorney for Shelby County government.

But Dietz, whose office has been leading the charge on the Nashville-Shelby lawsuit, noted that the legal challenge remains alive through a second lawsuit filed in 2020 by the Education Law Center and the Southern Poverty Law Center on behalf of 11 public school parents and community members in Memphis and Nashville. Their appeal is pending before the state’s appellate court.

The state Supreme Court’s ruling in May 2022 rejected Metro Nashville and Shelby County’s argument that the voucher law violated a “home rule” provision in the Tennessee Constitution. The latest court battle has been over whether plaintiffs in both lawsuits have legal standing to pursue the case based on other legal claims, such as a constitutional clause that requires the state to maintain a system of “free public schools,” with no mention of private schools.

In a split vote in late 2022, a three-judge panel of Davidson County Chancery Court dismissed those claims. Soon after, attorneys behind both lawsuits appealed that ruling to the Tennessee Court of Appeals.

Chris Wood, a Nashville lawyer helping to litigate the remaining lawsuit, said the pullout by Metro Nashville and Shelby County has no bearing on his case filed jointly with the Education Law Center, the Southern Poverty Law Center, and the ACLU.

“We’re still here,” Wood said Friday. “Our case has always been our case. And while it’s good to have other folks working with you, this really doesn’t have an impact on what we’re doing.”

A spokesperson for the Tennessee attorney general’s office did not immediately respond when asked Friday about the development.

Currently, Tennessee’s education savings account program has fewer than 2,000 students enrolled in 75 state-approved private schools in the three counties where it operates, significantly below this year’s 5,000-seat cap.

Rep. Mark White, a Memphis Republican who chairs a House Education Committee, has said he expects to file legislation next year to take the program statewide.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.

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TN Senate Leader Does Not Expect to Reject Federal Education Funds

State Capitol (Photo: Tennessee State Government)

A leader of the panel exploring whether Tennessee can reject federal education funding says he doesn’t expect the state to do so, even if it can find a way.

Sen. Jon Lundberg, who co-chairs the special legislative committee looking into the idea, said that based on what the panel has learned during two weeks of hearings that ended last week, it would be premature to make big changes in the funding streams for Tennessee students.

The Bristol Republican also expects the panel’s work to continue “well into 2024″ as members seek information from the U.S. Department of Education about rules and regulations tied to acceptance of federal funding.

“My expectation is that we’re not going to say no to federal funds. We’re not going to kick more than a billion dollars back to the U.S. government,” Lundberg told Chalkbeat on last week.

“But I do think that, as a legislative body, we are going to be more judicious in reviewing federal rules and proposals that are passed on to the state education department and state Board of Education,” he said.

Advocate for education equity: ‘We’re taking this seriously’

This month’s hearings by the GOP-led legislative group mark the furthest any state has gone toward forgoing U.S. education dollars, which typically make up about a tenth of a state’s spending on K-12 education.

The 10-member committee, created by speakers of the House and Senate, has a January 9th deadline to submit its findings and recommendations to the Republican-controlled Tennessee General Assembly.

House Speaker Cameron Sexton, who touted the idea in February, has said the state wants more autonomy over how its students are taught. He said the state would fill the federal funding gap with state money and continue programs that are currently federally funded.

Most of the federal money received in Tennessee — estimated at about $1.3 billion annually by state education department officials this week — provides additional support to low-income students, English language learners, and students with disabilities. Other federally funded programs target certain needs ranging from rural education to technology to charter schools.

The opt-out talk has angered many Tennesseans who pay federal taxes and whose children benefit from federally funded programs or receive civil rights protections through federal oversight. Advocates of historically underserved students are prepared to mobilize if the committee’s work generates legislation to reject any part of federal funding.

For now, they’re monitoring the panel’s work.

“We’re taking this seriously, because this would be such a consequential step for the state to take,” said Gini Pupo-Walker, who leads The Education Trust in Tennessee. “We’re trying to ensure lawmakers are getting accurate information during the discussions.” (Related: What it would mean for kids)

Tennessee-based advocacy groups such as The Education Trust and the Tennessee Disability Coalition, as well as those representing parents and educators, were not invited or allowed to testify during the hearings — a decision that Lundberg said was designed to keep the committee on mission. Instead, the testimony came mostly from state and nonpartisan researchers, officials with the Tennessee education department, four local school district leaders, and a federal policy expert with the National Conference of State Legislatures.

“Our charge was not to look at how to cut funding, but how to change that funding stream from federal to state dollars,” Lundberg said.

Panel leaders expect to gather more input

As of Wednesday, the U.S. Department of Education had not received questions from the Tennessee panel but stands ready to provide “technical assistance” as needed, a spokesperson said.

The federal department, which was listed on the agenda for one meeting last week, did not send representatives to testify because the agency never received an invitation, the spokesperson said.

Lundberg, who initially told the committee that federal officials were “unable to attend,” clarified on Thursday that the no-show was due to a “miscommunication.”

But he expects the panel will have numerous questions for federal officials, and that the back-and-forth process could take months.

Eventually, the committee may also seek legal opinions from the state attorney general’s office. Because no state has rejected federal education money before, Tennessee officials expect numerous challenges in court if the state takes a step in that direction.

“I notified the speakers that we potentially won’t complete our work by the January 9th deadline,” Lundberg said. “We have to get this right, not just quick.”

Rep. Debra Moody, the Covington Republican who co-chairs the panel, said in a statement that her intention is to “continue gathering pertinent information so the working group can release a complete and competent report.”

Lt. Gov. Randy McNally said he’s pleased the panel is taking its fact-finding mission seriously.

“I have no issue with an extension, if needed, and I look forward to reading the group’s final report when it is completed,” McNally said through a spokesman.

As part of their fact-finding mission, there’s no discussion of committee members touring the state to see the kinds of services provided under federally funded programs to determine whether the state has sustainable finances and operational capacity to continue them.

For instance, federal money helps support homeless students, career and technical education labs, and after-school programs that provide tutoring, enrichment, and meals to students from low-income families.

Pupo-Walker, from The Education Trust, said any comprehensive investigation should include that type of research.

“I think it would be a disservice,” she said, “not to see firsthand how those federal dollars play out in the lives of children and families and schools and their communities.”

You can see a state analysis of county-by-county budget information that includes public education, at the General Assembly’s website. The nonpartisan Sycamore Institute has also produced two recent reports about federal education funding in Tennessee.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact Marta at maldrich@chalkbeat.org. Chalkbeat is a nonprofit news site covering educational change in public schools.

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How Schools’ New A-F Letter Grading System Will Work

Tennessee Education Commissioner Lizzette Reynolds has unveiled a new calculation for giving A-F letter grades to the state’s 1,700 public schools. The overhaul is her first major initiative since coming to the job in July under Gov. Bill Lee’s administration. Photo courtesy of Tennessee Department of Education

After months of asking Tennesseans how the state should judge its public schools when giving them their first A-F letter grades, Education Commissioner Lizzette Reynolds mostly ignored the feedback.

In her first major initiative since taking the helm of the state education department in July, Reynolds chose a school grading system that elevates the importance of proficiency — whether students are meeting certain academic standards on state tests — over the progress that schools make toward meeting those standards over the course of a year.

Her plan, unveiled on Thursday, will mark a sharp change of course for Tennessee, considered a pioneer in emphasizing growth measurements to assess its students, teachers, and schools. 

It’s also significantly different from what Tennesseans have asked state officials for since Reynolds announced in August that an overhaul in the state’s grading system was coming. The overwhelming feedback at 10 town halls, meetings with stakeholders, and in nearly 300 public comments was for keeping the calculation focused on growth, as it has been the last five years. 

Reynolds’ plan is similar to the model backed by ExcelinEd, the education advocacy group founded by former Florida Gov. Jeb Bush and where Reynolds previously served as policy director. 

It will still include improvement as a factor, as required by a 2016 Tennessee law, but achievement will get more weight than under the original formula — and there won’t be a way for schools to meet the achievement criteria by meeting certain improvement goals, according to a presentation to the state Board of Education.

Chart: Thomas Wilburn  Source: Tennessee Department of Education

“This version is recalibrating that balance point and is going to say more about where the kids are in those schools right now,” said David Laird, assistant commissioner of assessment and accountability in the education department. “It is less of a referendum on maybe what the school’s impact has been, but it’s more clearly articulating their challenges right now.”

The department also announced that the grades will be released in mid-December, a month later than previously planned. State officials say they need more time to verify data going into the grades. 

This is the first time the state will issue its letter grades since the 2016 law requiring them took effect. Previous attempts were called off because of testing glitches and the pandemic.

There are several other changes to the calculation. 

The formula will factor in test scores for science and social studies, although not as much as for math and English language arts, which were the focus of the original model.

Chart: Thomas Wilburn  Source: Tennessee Department of Education

Gone is data related to chronic absenteeism. A new factor will be how well schools are helping their lowest-performing quartile of students to improve. For high schools, college and career readiness will be included, based on measures such as ACT scores, post-secondary credits, or industry credentials.

The debate about growth vs. proficiency was the biggest concern for school leaders who have been waiting and planning for grades for five years.

Focusing on proficiency likely will mean fewer A’s and generally worse grades than expected for many schools, especially those serving students from lower-income families in rural and urban communities. 

Beyond the stigma of getting a D or an F, officials representing those schools eventually may face hearings before the state Board of Education or audits of their spending and academic programming.

Several board members worried that teachers could flee schools graded D or F, exacerbating the challenges faced by schools in high-poverty areas, where students face extra challenges before they even walk into a classroom. 

“It’s a struggle for me to think about saying everyone should pull themselves up by their bootstraps, when some folks have a closet full of boots, and some have none,” said Darrell Cobbins, who represents Memphis on the board.

Many education advocates worried the state could return to an era when schools with many affluent students coasted to the top ratings, while doing little to show they were helping students improve. Meanwhile, schools in high-poverty areas will have little chance to earn an A or B, they told Chalkbeat.

“Measuring only absolute proficiency for 50% of a school’s grade will most certainly disadvantage our highest-poverty schools,” said Erin O’Hara Block, a school board member for Metropolitan Nashville Public Schools, who served on the working group giving input to the state.

“I’m not sure what this system is supposed to motivate for schools, nor how it will truly inform parents on differences in what various schools can offer to their children,” she said.

Reynolds said the letter grades are a tool to provide families and school communities with information they can use to make decisions, not necessarily to incentivize schools to improve.

“We want to tell the truth about whether or not our kids are actually achieving,” she said.

But Gini Pupo-Walker, director of the Education Trust in Tennessee, is hopeful the grades will somehow be tied to extra resources to help struggling schools.

“We look forward to learning more about how the state plans to support schools that receive D’s and F’s,” she said, “and ensure schools are paying attention to the success of all students.”

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Panel to Reject Federal Funds Has “No Predetermined Outcome”

State Capitol (Photo: Tennessee State Government)

A leader of the group of lawmakers exploring whether Tennessee can feasibly reject nearly $1.9 billion in federal education funding says that the panel’s work will begin in early November, and that its findings — not politics — will guide its recommendations.

“There is no predetermined outcome for this working group, or for what the information we gather is going to show,” Sen. Jon Lundberg, a co-chair of the panel, said Wednesday.

“We want to look at what federal education money we get, where it goes, what we’re required to do to get those funds, and ultimately what’s the return on the investment,” the Bristol Republican told Chalkbeat. “I think this will give us a good overview.”

Lundberg, who also chairs the Senate Education Committee, was responding to criticism from Democrats that Republicans are seeking to undermine public education, cater to charter and private school interests, and advance the political aspirations of House Speaker Cameron Sexton, a Crossville Republican and likely candidate for governor in 2026.

In February, Sexton said Tennessee should consider forgoing U.S. education dollars to free schools from federal rules and regulations, and should make up the difference with state funding. On Sept. 22, he and Lt. Gov. Randy McNally, an Oak Ridge Republican, appointed eight Republicans and two Democrats to the working group to look into the idea and report back by Jan. 9, when the General Assembly convenes a new session.

Most of the federal money the state receives supports low-income students, English language learners, and students with disabilities. Tennessee school districts that are most reliant on U.S. dollars tend to be rural, and have more low-income and disabled students, less capacity for local revenue, and lower test scores in English language arts, according to a recent report from the Sycamore Institute, a nonpartisan think tank.

Lundberg expects to release the panel’s meeting schedule later this week. But at this point, its members have more questions than answers, including what such a shift in funding would mean for kids. If the January 9th deadline doesn’t allow for a comprehensive review, he and co-chair Debra Moody, who also chairs a House education committee, plan to ask for more time.

“This is too big an ask to not be thorough,” he said.

If the committee finds ways for the state to feasibly wean itself from federal education money that Tennesseans help generate through their taxes, Lundberg expects legislation to come out of its work. But he acknowledged that state revenue collections have lagged in recent months, potentially making it harder to cut the cord.

“Revenues are a valid concern, but that’s not our charge at this point,” he said. “We just want to do a deep dive on where we stand.” 

Senate Finance Committee Chairman Bo Watson warned lawmakers in August that Tennessee likely will need to begin curbing state spending. But on Wednesday, he endorsed the panel’s task.

“I think it’s premature to say whether there will be budget constraints,” said the Hixson Republican. “Evaluating our programs and our funding is always a healthy exercise.”

Even if officials decide the state can afford to pass on federal funds, JC Bowman, executive director of Professional Educators of Tennessee, questions whether it could effectively manage resources designed to support underserved communities and ensure equal access to education.

He cites the Achievement School District as one example of poor oversight for a state-run program intended to serve students attending low-performing schools. The turnaround district took over dozens of neighborhood schools beginning in 2012, mostly in Memphis, and turned many of them over to charter operators. But it has had few successes to show for its decade of work.

Lundberg said that example shouldn’t stop the state from investigating the possibility.

“Do I trust the state more than the federal government? Absolutely,” Lundberg said. “I think that government that operates closest to the people is the best government.”

Gov. Bill Lee has said he’s open to the idea and denounced what he called “excessive overreach” by the federal government. However, he didn’t give specific examples on education when answering questions from reporters last week.

Advocates for historically underserved student populations say federal oversight is needed to ensure that the state and local districts adequately provide for every student and school.

Meanwhile, Senate Democrats pointed out that the federal government provided nearly $30 million last year to public schools in Cumberland County, which Sexton represents. That’s 44 percent of the East Tennessee district’s budget. Three school districts in Anderson County, where McNally lives, received $31 million in U.S. funds, which covered 32 percent of their budgets.

You can look up exactly how much federal education funding is on the line for every Tennessee county.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.  

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Tennessee GOP Lawmakers Look to Reject $1.8B in Federal Education Funds

Lt. Gov. Randy McNally (left) and House Speaker Cameron Sexton (right) flank Tennessee Gov. Bill Lee at press conference on school safety on April 3, 2023. On Monday, the two legislative leaders announced the creation of a panel to study the feasibility of rejecting federal education funding. (Marta W. Aldrich / Chalkbeat)

When Tennessee House Speaker Cameron Sexton floated the idea in February of the state rejecting U.S. education dollars to free schools from federal rules and regulations, most supporters of public education hoped it was nothing more than political posturing.

But on Monday, Sexton and his counterpart in the Senate, Lt. Gov. Randy McNally, took the significant step of creating a legislative panel to conduct a comprehensive review of Sexton’s pitch. 

The panel will look into the feasibility of doing without federal support for K-12 students and report back to legislative finance and education committees by January 9th. Currently, Tennessee receives up to $1.8 billion from the federal government for its schools, most of which supports low-income students, English language learners, and students with disabilities.

Federal funds typically make up about a tenth of a state’s K-12 budget.

No state has ever rejected federal funding for its students and schools. But Sexton has said that by rejecting the federal funds that Tennesseans help generate through their taxes, the state can eliminate the federal strings attached to those dollars, and make up the funding difference with state money.

McNally, in a statement Monday, cited the state’s “excellent financial position” while deeming Sexton’s proposal as “worthy subject of examination and study.”

Tennessee has been flush with cash in recent years, but its revenues have begun to flatten.

Last month, when the legislature approved $100 million in one-time funding during a special session on public safety, Sen. Bo Watson, a Hixson Republican who chairs his chamber’s finance committee, warned that Tennessee needs to tighten spending in the future. And last week, state Finance Commissioner Jim Bryson reported that state revenues for August — the first month of Tennessee’s fiscal year — were $39 million less than budget estimates.

Sen. Raumesh Akbari of Memphis, one of two Democrats named to the panel, said the trend should diminish any appetite to forgo federal cash.

“Most of us know how important federal funds are to our state budget, whether for our schools, roads, or health care,” Akbari told Chalkbeat. “My goal on this task force is to support the continued use of federal funding for K-12 education.”

“Besides,” she added, “Tennesseans pay federal taxes. Why should our tax dollars go to support schools in Georgia or California or New York, and not our own schools?”

Many Republicans, though, bristle at the federal oversight tied to receipt of federal education dollars.

Most notable are civil rights protections for students based on race, sex, and disability. Tennessee’s Republican-dominated government has challenged the spirit of those protections by passing laws in recent years to restrict classroom discussions and library books related to race, gender, and bias, as well as to prohibit transgender youth from playing girls sports and restrict which school bathrooms they can use.

“This working group will help provide a clearer picture of how much autonomy Tennessee truly has in educating our students,” Sexton said in a statement Monday. 

A spokeswoman for Gov. Bill Lee said he looks forward to reviewing the panel’s findings. The governor “remains committed to working with the General Assembly to ensure all Tennessee students have access to a high-quality education, while pushing back on federal overreach,” said Elizabeth Johnson, Lee’s press secretary. 

The speakers appointed the 10 members to the exploratory panel, five from each chamber:

• Sen. John Lundberg, R-Bristol (co-chair)

• Rep. Debra Moody, R-Covington (co-chair)

• Sen. Raumesh Akbari, D-Memphis

• Sen. Joey Hensley, R-Hohenwald

• Sen. Bill Powers, R-Clarksville

• Sen. Dawn White, R-Murfreesboro

• Rep. Ronnie Glynn, D-Clarksville

• Rep. Timothy Hill, R-Blountville

• Rep. John Ragan, R-Oak Ridge

• Rep. William Slater, R-Gallatin

In a September 22nd letter creating the joint working group, the speakers outlined four tasks:

• Identify the amount of federal funding the state, districts, and schools receive and the laws associated with accepting such funds

• Examine how the state, districts, and schools use or intend to use the funding, and whether there are conditions or requirements for accepting such funds

• Report on the feasibility of the state rejecting federal education funding

• Recommend a strategy on how to reject certain federal funding or how to eliminate unwanted restrictions placed on the state due to receiving the funding

Last month, the Sycamore Institute reported that Tennessee distributed $1.1 billion in federal funds to school districts across the state — or about 11 percent of total district revenues — in 2019-20. The nonpartisan think tank also calculated that each of Tennessee’s 142 school districts received between $314 and $2,500 per student in federal funds, accounting for 3 percent to 20 percent of each district’s total revenues.

The group’s report said school districts most reliant on federal dollars tend to be more rural, and have more low-income and disabled students, less capacity for local revenue, and lower test scores in English language arts.

Tennessee already ranks in the bottom fourth of states in spending per pupil, and eliminating a key funding source would have serious consequences, said Gini Pupo-Walker, executive director of The Education Trust in Tennessee.

“We would not only redirect Tennesseans’ federal tax dollars to other states in the country, but we would have to dip into our rainy day fund in order to maintain our current level of education funding, limiting our capacity to invest in our students in the future, particularly those most in need,” Pupo-Walker said.

A spokesperson for the U.S. Department of Education, which in February called Sexton’s proposal “political posturing,” said students need more — not fewer — resources to support academic recovery following the pandemic, as well as to address a crisis in youth mental health.

“Any elected leader in any state threatening to reject federal public education funds should have to answer to their local educators and parents in their community about the detrimental impact it would have on their community’s education system and their students’ futures,” the spokesperson said.

A statement from the Tennessee Disability Coalition said the group wants to work with the panel “as a resource in conveying the vital importance of federal education funding for students with disabilities.”

“As the past 50 years have shown us, these funds and associated regulations have dramatically improved outcomes for Tennessee students with disabilities and served to protect them from institutionalization, segregation, and marginalization,” the group said.

Editor’s note: This story has been updated to include a comment from the U.S. Department of Education.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Tennessee Teachers Group Drops One of Two Lawsuits Challenging New State Laws

The Tennessee Education Association filed suit in Davidson County Chancery Court to challenge a new state law banning local school districts from automatically deducting association dues from teachers’ paychecks. The case has been dismissed. Credit: Marta W. Aldrich / Chalkbeat

Tennessee’s largest teacher organization, which recently challenged two new state laws affecting educators, quietly dropped its lawsuit about payroll dues deduction, while its other lawsuit over classroom censorship moves ahead in federal court.

The Tennessee Education Association (TEA) asked a state court to dismiss its case challenging a 2023 law that prohibits local school districts from making payroll deductions for employees’ professional association dues. 

A three-judge panel, which had let the payroll ban proceed while the case was being tried, granted TEA’s request for a dismissal last week. 

Meanwhile, a federal judge has set a December 12th meeting with all parties in TEA’s other lawsuit to discuss how that case will proceed. The teachers group has joined with five public school educators to challenge a 2021 state law restricting teachers from discussing certain concepts about race and gender with their students.

The federal case is being spearheaded by the Free and Fair Litigation Group, a nonprofit firm created by two veteran prosecutors who led the Manhattan district attorney’s investigation into Donald Trump’s business dealings. The firm’s focus is on pursuing high-impact cases that bolster democracy.

“TEA’s challenge of the prohibited concepts law is unrelated to the payroll lawsuit. We believe we have a strong case and that federal court will rule in favor of Tennessee teachers,” TEA President Tanya Coats said Thursday.

TEA filed its first lawsuit after Gov. Bill Lee pushed through a new law linking the controversial ban on payroll dues collection to a popular provision aimed at raising teacher pay.

The lawsuit charged that Lee’s strategy violates the state constitution’s single-subject requirement for laws.

A new state court — with judges from Davidson, Fayette, and Hamilton counties — had temporarily blocked the law from taking effect on July 1st while attorneys for TEA and the state made their arguments in the case. But the panel lifted that order on July 28 after deciding the plaintiffs were unlikely to win based on the merits of their arguments. The judges said the bill’s caption of “being relative to wages” was broad enough to address payroll deductions too.

“TEA is still confident in the merits of our case and believes we would have ultimately received a favorable ruling,” Coats said in response. “But TEA decided not to pursue the lawsuit because it is unlikely that the court would rule on the case this school year.”

When the payroll ban passed the legislature in April, the teachers group began converting members to online dues payment. Most members have made the switch, according to Coats.

Whether the payroll changes will lead to a drop in TEA membership is uncertain.

The latest numbers from the National Education Association showed that Tennessee’s organization had 36,218 members in 2020-21, down 4 percent from the previous year.

But Coats, who is an educator from Knox County, suggested that TEA’s recent advocacy work for public school communities is having the opposite effect. If anything, she said, educator frustration with the new laws has “energized” support for the organization.

“TEA is signing up new members every day and converting the remaining members from payroll deduction,” she said. “The attempt from some state leaders to silence educators has only strengthened educators’ resolve to fight for their students and the profession they love.”

The state’s new dues law also affected Professional Educators of Tennessee, the state’s second largest teacher organization. That group mostly uses its own online system to collect dues, but also had payroll deductions set up with eight school districts.

JC Bowman, the group’s executive director, agreed with TEA that the legislature should have considered the matters of teacher pay and payroll deductions separately. But he worried that TEA’s legal challenge over the payroll issue could have put pay raises at risk.

“That part was concerning to us,” Bowman said Friday. “If that had happened, we would have interceded (in court) on behalf of our members.”

The law’s pay schedule sets Tennessee’s base salary for teachers at $42,000 for this school year; $44,500 for 2024-25; $47,000 for 2025-26; and $50,000 for 2026-27. A raise in the base pay also affects how more experienced teachers are paid.

Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.

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Teachers Sue Over State Law Restricting What They Can Teach About Race, Gender, Bias

Photo by Kenny Eliason on Unsplash

Tennessee’s largest teacher organization has joined with five public school educators to legally challenge a two-year-old state law restricting what they can teach about race, gender, and bias in their classrooms.

Their lawsuit, which was filed late Tuesday in a federal court in Nashville by lawyers for the Tennessee Education Association, maintains the language in the 2021 law is unconstitutionally vague and that the state’s enforcement plan is subjective. 

The complaint also charges that Tennessee’s so-called “prohibited concepts” law interferes with instruction on difficult but important topics included in the state’s academic standards. Those standards outline state-approved learning goals, which dictate other decisions around curriculum and testing.

The lawsuit is the first legal challenge to the controversial state law that was among the first of its kind in the nation. The law passed amid a conservative backlash to America’s reckoning over racism after the 2020 murder of George Floyd by a white police officer in Minneapolis and subsequent anti-racist protests.

Rep. John Ragan of Oak Ridge, one of the Republican sponsors of the legislation, argued the law was needed to protect K-12 students from being “indoctrinated” with social concepts that he and other lawmakers considered misguided and divisive, such as critical race theory. That academic framework, which surveys of teachers suggest are not being taught in K-12 schools, is more commonly found in higher education, to examine how policies and the law perpetuate systemic racism.

Tennessee’s GOP-controlled legislature overwhelmingly passed the legislation in the final days of the 2021 session, just days after the bill’s introduction. Gov. Bill Lee quickly signed it into law, and later that year, the state education department set rules for enforcement. If found in violation, teachers can be stripped of their licenses and school districts can lose state funding.

Only a small number of complaints have been filed and no penalties levied during the law’s first two years on the books. But Ragan has introduced new legislation that would widen eligibility for who can file a complaint.

The lawsuit seeks to overturn the law and asks for a court order against its enforcement. The complaint claims the statute fails to give Tennessee educators a reasonable opportunity to understand what conduct and teachings are prohibited.

“Teachers are in this gray area where we don’t know what we can and can’t do or say in our classrooms,” said Kathryn Vaughn, a veteran teacher in Tipton County, near Memphis, and one of five educators who are plaintiffs in the case.

“The rollout of the law — from guidance to training — has been almost nonexistent,” Vaughn added. “That’s put educators in an impossible position.”

The lawsuit also charges the law encourages arbitrary and discriminatory enforcement and violates the 14th Amendment to the U.S. Constitution, which forbids any state from “depriving any person of life, liberty, or property without due process of law.”

“Laws need to be clear,” said Tanya Coats, president of the teachers group known as TEA, which is leading the litigation.

She said educators have spent “countless hours” trying to understand the law and the 14 concepts banned from the classroom — including that the United States is “fundamentally or irredeemably racist or sexist;” or that an individual, by virtue of their race or sex, “bears responsibility” for past actions committed by other members of the same race or sex.

TEA says the ambiguity of those concepts has had a chilling effect in schools — from how teachers answer a student’s question to what materials they can read in class. To avoid the risk of time-consuming complaints and potential penalties from the state, school leaders have made changes to instruction and school activities. But ultimately, it’s students who suffer, Coats said.

“This law interferes with Tennessee teachers’ job to provide a fact-based, well-rounded education to their students,” Coats said in a news release.

The 52-page lawsuit gives specific examples of how the ban is affecting what nearly a million public school students are learning — and not learning — daily across Tennessee.

“In Tipton County, for example, one school has replaced an annual field trip to the National Civil Rights Museum in Memphis with a trip to a baseball game,” the suit says. “In Shelby County, a choir director fears that his decades-long practice of teaching his students to sing and understand the history behind spirituals sung by enslaved people will be perceived as ‘divisive’ or otherwise violative of the Ban.” Other districts have removed books from their curriculum as a result of the law.

The governor’s office typically does not comment on pending litigation, but Lee’s press secretary, Jade Byers, provided this statement on Wednesday in response to the lawsuit: “The governor signed the legislation because every parent deserves transparency into their child’s education, and Tennessee students should be taught history and civics with facts, not divisive political commentary.”

Tennessee was among the first states to pass a law limiting the depth of classroom discussions about inequality and concepts such as white privilege.

In March, Tennessee’s education department reported that few complaints had been filed with local school districts based on the law. And the department had received only a few appeals of local decisions.

One was from the parent of a student enrolled in a private school in Davidson County. Because the law does not apply to private schools, the department found that the parent did not have standing to file an appeal under the law.

Another complaint was filed by a Blount County parent over the book “Dragonwings,” a novel told from the perspective of a Chinese immigrant boy in the early 20th century. The state denied the appeal based on the results of its investigation. 

However, Blount County Schools still removed the book from its sixth grade curriculum. And the lawsuit described the emotional toll of the proceedings on a 45-year teaching veteran who was “entangled in months of administrative proceedings, with her job on the line, because of a single parent’s complaint about an award-winning work of young adult literature that the Tennessee Department of Education approved and the local elected school board adopted as part of the district’s curriculum.”

The department also declined to investigate a complaint from Williamson County, south of Nashville, filed soon after the law was enacted. Robin Steenman, chair of the local Moms for Liberty chapter, alleged the literacy curriculum “Wit and Wisdom,” used by Williamson County Schools in 2020-21, has a “heavily biased agenda” that makes children “hate their country, each other and/or themselves.”

A spokesman said the department was only authorized to investigate claims beginning with the 2021-22 school year and encouraged Steenman to work with Williamson County Schools to resolve her concerns.

Department officials did not immediately respond Wednesday when asked whether the state has received more appeals in recent months.

Meanwhile, critics of the law worry about new legislative efforts to broaden its application. 

Under the state’s current rules, only students, parents, or employees within a district or charter school can file complaints involving their school. Ragan’s bill, co-sponsored by Sen. Joey Hensley of Hohenwald, would allow any resident within a public school zone to file a complaint.

But critics argue such a change would open the door to conservative groups, like Moms for Liberty, to flood their local school boards with complaints about instruction, books, or materials they believe violate the law, even if they do not have direct contact with the teacher or school in question.

The prohibited concepts law is separate from 2022 Tennessee law that, based on appeals of local school board decisions, empowers a state panel to ban school library books statewide if deemed “inappropriate for the age or maturity levels” of students.

Marta W. Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at maldrich@chalkbeat.org.

Chalkbeat is a nonprofit news site covering educational change in public schools.