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Governor Lee’s Education Funding Overhaul Passes Legislature

Gov. Bill Lee’s plan to change how Tennessee funds public education passed Thursday out of the legislature, setting the stage to replace the state’s 30-year-old funding formula next year with one that provides more money for students with higher needs.

The sweeping bill, which Lee’s administration unveiled nine weeks ago after a months-long review of the current funding system, easily cleared the GOP-controlled House and Senate Wednesday along mostly partisan lines. On Thursday, the House concurred with a slightly different Senate version. 

When signed into law, the new plan will dramatically affect nearly 1 million students, their teachers, and schools, with significant implications for local finances. Beginning with the 2023-24 fiscal year, it will set a base funding rate of $6,860 per pupil, then distribute additional funding for students who are considered economically disadvantaged, have unique learning needs, or live in communities that are rural or have concentrated poverty. 

Currently, 38 other states and the District of Columbia have some type of student-based funding model.

The rewrite, called the Tennessee Investment in Student Achievement, or TISA, will replace the state’s Basic Education Program, created in 1992. The current funding system is a resource-based formula that distributes money to school systems based on student enrollment and assumptions about resources needed for staffing, textbooks, technology, transportation, and dozens of other education costs.

The Republican governor, who is running for reelection this fall, announced in late January that he wanted to pour $1 billion more into public schools annually. But he said Tennessee must first update its funding system to focus more on the needs of individual students than on school systems.

Democrats in opposition argued that the promise of $1 billion more in a new formula wasn’t enough to remedy Tennessee’s national ranking as 44th in funding adequacy, according to the Education Law Center, which also graded the state low for its public education investment as a share of its economy.

“At the end of the day, the most important part of a funding formula is the funding, and right now in Tennessee, we don’t do that well,” said Senate Minority Leader Jeff Yarbro, a Nashville Democrat.

Last week, Yarbro proposed adding $1 billion this year to the current formula, but the Senate voted that down.

Instead, buoyed by another year of state revenue surpluses, the legislature passed a state budget that takes effect this July 1 with a $125 million increase toward teacher salaries — equivalent to a 3% raise — and a one-time $500 million investment in career and technical education in middle and high schools.

Democrats sought unsuccessfully Wednesday to amend the TISA bill to ensure that Tennessee follows through on Lee’s pledge and injects $1 billion next year into the new formula. They also failed to pass changes that would automatically address inflation in future years, increase transparency about what’s included in the per-pupil funding base, and remove additional investments in charter schools, among other things.

Many Democrats and a few Republicans said they supported establishing funding weights that reflect student needs, but wanted more time to vet legislation of such magnitude.

“We usually take two years to do this,” said Yarbro about significant funding changes, “and we’ve done this in two months.”

Sen. Joey Hensley, one of a few Republicans who voted against the bill, agreed. “I’m afraid that this formula is going to incentivize schools to put more labels on more students … so they can get more money,” said the Hohenwald Republican, referring to the funding weights for certain groups of students.

But Republican leaders hailed the formula as comprehensive and cited the input of thousands of Tennesseans based on public comments, 16 town halls, and dozens of meetings with education stakeholders.

“We have ripped this bill up and down,” said House Education Committee Chairman Mark White, a Republican from Memphis, about amendments to the bill.

“Change is hard. Even positive change is hard,” said Sen. Bo Watson, a Hixson Republican who chairs his chamber’s finance committee. “But this is transformational, and it’s time to transform education in Tennessee.” 

Education Commissioner Penny Schwinn, who spearheaded the state’s funding review, said TISA’s base covers all the costs of the current formula and more, including enough money to get Tennessee schools to the nationally recommended ratios of school nurses and counselors, a dire staffing need highlighted by the pandemic.

Beyond the base and weights, the plan allocates funding of $500 per K-3 student to improve reading, as well as money to pay for literacy tutoring for struggling fourth-grade readers and to support career and technical education for older students. It also sets aside funding to help charter schools pay for their facilities and to help fast-growing districts with infrastructure needs.

The law creates several new panels charged with holding school systems accountable for how they spend state funds to improve academic performance, even as schools and districts are set to receive their first letter grades this fall as part of accountability measures under a 2015 federal education law. 

One new committee can order a corrective action plan or appoint an inspector general to oversee school programming or spending for districts or charters schools that get a D or F on the state report card. Another “progress review board” can recommend that district leaders complete training if they fail to make incremental improvements toward the state’s overall goal of getting 70% of third-graders proficient in reading, based on state test results. Currently, only a quarter of Tennessee students meet that threshold, down from a third before pandemic disruptions to schooling.

Watson, the Senate’s finance leader, called the literacy goal “one of the most critical pieces of this piece of legislation.”

Another late change adds state grants to help school districts offer competitive salaries to educators working in counties with a higher cost of living than the state average. Those currently include Anderson, Davidson, Shelby, and Williamson counties.

Lee’s funding plan faced an uphill political battle at the outset of the legislative session in January, with GOP leaders calling it a heavy lift during an election year when lawmakers are anxious to recess early to begin their campaigns. 

Professional organizations representing school superintendents, school boards, and teachers never signed off on the plan. But as the legislation changed, momentum grew, including an endorsement last week by a statewide alliance of more than 40 civil rights, social justice, and education advocacy groups. While the groups still had questions, they ultimately concluded that TISA would be an improvement over the current formula.

Significant concerns remain. Local governments are constitutionally required in Tennessee to contribute funding for schools, and the average split is 70% from the state and 30% from locals. 

An analysis by The Tennessean showed that, while nearly every school district will receive more funding under TISA, nearly two-thirds will receive a lower percentage of the state funding pie than under the previous formula because of how local contributions will be calculated.

Lee’s administration has assured local officials that they’ll have three years at the same local funding level to adjust to the new formula, but many are concerned they’ll have to significantly raise local sales or property taxes in the 2027 fiscal year.

Student-centered funding, also known as “backpack funding” because the dollars follow the student, has been called a gateway to private school vouchers by public school advocacy groups wary of the model drafted in 2010 by the conservative American Legislative Exchange Council.

“Student-based funding formula is not necessarily a bad concept inherently,” said Sen. Heidi Campbell, a Nashville Democrat. But “I have really grave concerns about how this formula is going to accelerate defunding the public school districts.”

She cited the growth in Tennessee of charter schools, virtual schools, and private school vouchers for students with special needs. 

Lee, who has tried to expand both charter schools and private school vouchers, has denied that privatization is a goal behind his funding plan. The state’s 2019 school voucher law, which Lee pushed for but was overturned by a judge in 2020 for applying only to students in Memphis and Nashville, is awaiting a ruling on the state’s appeal to the Tennessee Supreme Court.

This developing story will be updated.

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.

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Lawmakers Scrap Governor’s $200M Relocation Plan for Flood-Prone Schools

Two key legislative committees voted Wednesday to strip away $200 million proposed by Gov. Bill Lee to relocate 14 Tennessee schools built in floodplains, including three in Shelby County.

The amended spending bill, which will soon head to the full House and Senate, appears to shift that money instead into the state’s rainy day fund, which would grow to a record $1.8 billion.

The Republican governor had trumpeted his school relocation plan during his January state address, but in voting it down, GOP leaders in both the House and Senate pointed to confusion over the list of schools identified as being at high risk of flooding.

“At the end of the day, the two chambers negotiating with each other decided that we would not get into that kind of policy of building schools locally,” said Sen. Bo Watson, chairman of the Senate Finance Committee.

The change to the state’s 2022-23 budget plan comes as hundreds of students in Humphreys County attend school in a repurposed warehouse after surging floodwaters destroyed their elementary and middle schools last August near Waverly, a rural town west of Nashville. The disaster, which killed 20 people and destroyed hundreds of homes, was the impetus for the governor’s proposal “to ensure that no student in Tennessee attends a public school located in a flood zone.”

Lee’s press secretary, Casey Black, said the governor was “aware and monitoring” legislative changes to his spending plan but she declined to comment further.

Flood control advocates expressed shock.

“We can only imagine how many more lives would have been lost in Waverly if the flooding had happened during school hours instead of on the weekend,” said Dwain Land, the former mayor of Dunlap, who spoke with Chalkbeat on behalf of Flood Ready Tennessee, a coalition of local officials, homeowners, and first responders.

“This investment is important because we know this kind of thing will happen again and again, and it’s not worth losing more lives,” Land said. “We can’t predict where a tornado is going to hit, but we can predict where it’s going to flood.”

Some legislators and local officials were confused by the list of 14 schools the governor identified.

For one thing, the two Humphreys County schools wrecked in August weren’t on the list, frustrating officials trying to rebuild after the flooding, said Rep. Jay Reedy, a Republican whose district includes the Waverly area. (The amended budget provides up to $20 million to help Humphreys County Schools if insurance and federal disaster relief funds don’t cover the full cost.)

Multiple different lists of flood-prone schools have also floated around, including one that showed 25 Tennessee schools at risk of flooding.

In Memphis, where Wooddale Middle School was slated for relocation under the governor’s plan, administrators said they did not realize the state-run school was in a flood plain and have yet to be contacted by the governor’s office.

“This has all been news to us,” said Jocquell Rodgers, chief external affairs officer for Green Dot Public Schools, a charter network that operates Wooddale on a campus owned by Memphis-Shelby County Schools.

“We also didn’t understand how Wooddale Middle is in the flood zone but Wooddale High is not, because they’re essentially on the same block,” Rodgers said.

Rep. Patsy Hazlewood, who chairs the House Finance Committee, called the list of schools a “moving target” and said “there were just a lot of questions about that.”

GOP leaders didn’t specify where the $200 million removed for school relocation would go, but the budget amendment showed a $200 million addition to the rainy day fund, an emergency account the state can use to keep the government operating in case of a revenue shortfall.

“There were a few things we moved around in order to provide funding for non-recurring (expenses.)” Watson told the Senate panel.

That decision left other lawmakers questioning the state’s priorities.

“If your school’s in a flood plain, you’d probably prefer spending money to move before the next big rain rather than pumping money into the rainy day fund,” Senate Minority Leader Jeff Yarbro, a Nashville Democrat, said after the committee votes.

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.

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Transgender Athlete Bill Heads to Governor’s Desk

Tennessee moved a step closer Monday to pulling state funding from K-12 public schools if they allow transgender youth to participate in girls sports.

A bill that cleared the state Senate by a vote of 26-5 attaches financial penalties to a 2021 law that prohibited trans athletes from competing on middle and high school teams based on their gender identity. The legislation passed the House last month.

Republican Gov. Bill Lee, who called last year’s law a step “to preserve women’s athletics and ensure fair competition,” is expected to sign the funding measure into law.

Several civil rights groups have since challenged the 2021 ban in court in a case that is tentatively set for trial next year.

A similar bill that would ban transgender athletes at the college level from participating in women’s sports in Tennessee also cleared the Senate on Monday. That measure is awaiting action before a House finance subcommittee.

Rules governing transgender athletes returned to the spotlight this year when University of Pennsylvania swimmer Lia Thomas, a trans woman, began smashing records.

In January, in line with the U.S. and international Olympic committees, the NCAA adopted a sport-by-sport approach for determining participation by transgender athletes.

Sponsors of both bills in Tennessee’s GOP-controlled legislature argued transgender females — because their assigned sex at birth was male — are naturally stronger, faster, and bigger than those assigned female at birth, giving them an unfair advantage in sports.

“This legislation is all about setting a level playing field for all of our female athletes so they have fair competition,” said Sen. Joey Hensley, a Hohenwald Republican who co-sponsored the K-12 bill with Rep. John Ragan, a Republican from Oak Ridge.

Opponents said the legislation is about discrimination, not fairness, and is unnecessary and even dangerous.

“There’s no indication this is a problem in Tennessee schools, but … there are kids who feel targeted by this legislature,” said Senate Minority Leader Jeff Yarbro, a Democrat from Nashville. “And these are oftentimes kids who are struggling with a lot that most of us don’t understand and oftentimes are more likely to be at risk of committing suicide than anybody else.”

According to an analysis by The Associated Press, Tennessee passed more laws last year aimed at transgender people than any other state in the nation. One law, for instance, puts public schools at risk of losing lawsuits if they let transgender students or employees use multiperson bathrooms or locker rooms that do not reflect their assigned sex at birth.

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.

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Governor Lee Unveils $9B Proposal For Education

Gov. Bill Lee has unveiled his proposal for overhauling K-12 funding in Tennessee, including a base of $6.6 billion to provide per-pupil funding to educate nearly 1 million public school students and $1.8 billion in extra support for students needing the most help.

The governor wants another $376 million for programs to improve literacy in kindergarten through the fourth grade and to strengthen career and technical education for older grades.

He also wants to set aside $100 million to reward schools whose students demonstrate success in learning to read, and in college and career readiness.

Lee outlined the first details of his long-awaited TISA plan, which stands for Tennessee Investment in Student Achievement, on Thursday with his education chief, Penny Schwinn. Beginning in 2024-25, the state would provide $6.3 billion, and local governments would contribute $2.5 billion.

If the legislature approves the plan, Tennessee would join 38 other states that have some type of student-based funding model. Lee wants TISA to replace Tennessee’s 30-year-old funding formula called the Basic Education Program, or BEP, which is a mostly resource-based model that’s built around enrollment. 

Critics say the state has chronically underfunded its BEP, and Lee has proposed investing $1 billion more annually for students through his plan by 2024. Tennessee currently ranks 44th nationally in education funding with an annual investment of $5.3 billion by state government.

“We need to invest more in our public schools in our state, but we don’t need to invest in a bulky, out-of-date funding formula,” said Lee, calling his plan a “straightforward (model) that Tennesseans can understand.”

The Republican governor’s proposal faces an uphill battle in the GOP-controlled legislature. While there’s broad support for putting more money into education while the state is flush with cash, many lawmakers on both sides of the aisle question whether they’ll have enough time to vet changes of such magnitude before adjourning in mid-April to face voters in an election year.

“There’s a lot of work to be done,” Lee acknowledged, “ but we certainly are very hopeful that this can get accomplished in this session.”

The rollout came following months of meetings and town halls to solicit statewide feedback on how to focus education funding more on students than on systems. The governor said every school district with stable enrollment would get more money under his plan.

Proposal starts with an expanded per-pupil base

The proposed base would cover the 46 components currently covered by the BEP, including teacher salaries, textbooks, technology, and bus transportation. 

That base would be expanded to hire more school nurses and counselors at nationally recommended levels and more academic specialists to work with struggling students. And there would be additional state money to cover compensation for all school principals across Tennessee. Currently, about 265 school administrators are funded outside of the BEP through their local districts.

Funding for school safety — which lies outside of the current formula and requires districts to apply for grants — would move into the base and be distributed automatically.

But Lee isn’t advocating to add the state’s public pre-K program to the base. Pre-K is on the wish list of advocates lobbying to bring the program under the state’s funding formula and expand it to serve more 4-year-olds.

Extra funding for certain students

The proposed formula would set a base of $6,860 per pupil, then distribute additional money per pupil to support students in certain groups:

  • Economically disadvantaged students would get an extra 25%. That would affect more than 322,000 students who are eligible for free or reduced-price meals through direct certification or are homeless, foster, runaway, or migrant students.
  • Students living in areas of concentrated poverty would receive an extra 5%, affecting more than 652,000 students in schools designated to receive federal Title I money to help high percentages of disadvantaged children.
  • Students in rural areas and small school districts would get an extra 5%, affecting more than 326,500 students in counties with fewer than 25 students per square mile or in districts with 1,000 or fewer students.
  • Students with unique learning needs would receive between 15% and 150% extra, depending on 10 categories of need and allowing for the cost of services. This would affect more than 288,000 students with unique learning needs ranging from speech and language challenges to dyslexia to English language learners to students who are homebound or in residential programs. 
  • Charter school students would get 4% extra, affecting 42,000-plus students to help pay for facilities for the publicly financed, independently operated schools. Once under the formula, charter school facilities would be eliminated as a line item in the state’s annual budget, Schwinn said.

The weighted funding is “stackable” — meaning that students could draw extra funding for multiple needs. For instance, a student who is allocated additional funding for being economically disadvantaged could also draw extra funding for living in a rural area, and still more funding if they are learning to speak English as a second language.

Fast-growing districts get stipends

Lee proposes giving additional per-pupil funding allowances to districts that grow their enrollment by more than 2 percent from the previous year.

Districts with that level of growth for three consecutive years can also receive funding allowances to help pay for building and infrastructure needs.

Local funding would be affected — but not immediately

Tennessee has one of the nation’s most complicated calculations for determining how much state funding that districts receive and local governments must contribute for schools.

The BEP distributes state funding among school districts based on their local fiscal capacity, which generally is driven by local property or sales tax revenue.

Lee is proposing the state pay 70 percent and locals 30 percent to cover TISA’s per-pupil base and extra weights for students needing extra support. The state would cover all of the funding for direct programs, outcomes, and fast-growing districts.

To give local governments time to transition to the changes, the total local contribution would freeze for four years until the 2027 fiscal year, when Schwinn said the increase would be similar to what districts would normally experience under the BEP.

Locals would still have to follow state laws requiring that local funds budgeted for schools cannot decrease when state funding for schools increases.

Inflation, cost of living are not factored in

During a media call with reporters, Schwinn said the proposal contains no mechanism to address inflation and the cost of living. The state would address those, she said, by regularly increasing funding to the base, as determined by the legislature.

Keeping up with escalating education costs and factoring in the cost of living, especially for urban areas, have been among the problems with the BEP. In recent years, court challenges by multiple districts charged the formula routinely allocates funds arbitrarily instead of basing them on research about current education costs and local markets.

Questions remain about intent 

Student-centered funding allows money to follow a student to his or her school based on a student’s needs, which would make it easier for Tennessee to start a private school voucher program or shift more funding to charter schools from traditional public schools. 

Lee — who has done more than any Tennessee governor in history to champion programs that give families more education choices — has denied that’s a goal behind his funding proposal. However, numerous local officials are skeptical of his motives.

The rollout of Lee’s proposal came on the same day the Tennessee Supreme Court was re-hearing oral arguments about the state’s school voucher law, which Lee pushed for but was overturned by a lower court in 2020 for applying only to students in Memphis and Nashville. The state, which was sued by local governments in those cities, has appealed the ruling.

To learn more about the proposed funding formula, see the administration’s summary and proposed legislation and follow the bill’s progress.

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.

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Lawmakers Review Governor’s “Age Appropriate” Library Bill

Gov. Bill Lee wants a new school library law in Tennessee to ensure parents know what materials are available to students, but school librarians say parents already have access to that information.

Some critics worry such a law could be abused to purge books about certain topics that some parents and students find uncomfortable.

The governor’s proposal, dubbed the “Age-Appropriate Materials Act of 2022,” is scheduled to debut in two legislative committees this week at the state Capitol. 

The discussions come after several Tennessee districts removed books they considered controversial from reading lists — and amid a nationwide surge in book challenges by parents, activists, and others.

Last fall, Republican governors in Texas and South Carolina ordered systematic reviews of school library materials in those states. And the American Library Association’s Office for Intellectual Freedom has reported an “unprecedented” number of book challenges nationwide in 2021. Many of the 10 most challenged books deal with race.

In his annual state address to Tennesseans, Lee, a Republican, called for a school library law “to create greater accountability at the local level so parents are empowered to make sure content is age-appropriate.”

His bill, sponsored by GOP majority leaders Rep. William Lamberth of Portland and Sen. Jack Johnson of Franklin, would require each public school to publish on its website the full list of books, magazines, newspapers, films, and other materials in the library. They also would have to adopt policies to hear feedback about content and to periodically review their libraries to ensure materials are “appropriate for the age and maturity levels” of students who can access them.

Those policies are already “standard practice” in most, if not all, public schools across Tennessee, according to Lindsey Kimery, recent president of the Tennessee Association of School Librarians.

“What we’re concerned about is how this legislation could play out if it leads to policies and actions over and above what’s considered best practices,” said Kimery, who is also library coordinator for Metropolitan Nashville Public Schools. “For instance, a principal might feel the need on the front end to go through the collection line by line and purge books unnecessarily to head off any potential complaints.”

Representatives of the school librarians group have met twice with officials in Lee’s administration to discuss their concerns. 

“We felt heard,” Kimery said late last week.

In Tennessee, book debates have simmered for more than a year and contributed to passage of a 2021 law limiting what teachers can say in the classroom about racial bias and systemic racism. But the focus has been mainly on controlling curriculum and instruction, not library books.

Most recently in East Tennessee, McMinn County’s school board voted to remove “Maus,” a Pulitzer Prize-winning graphic novel about the Holocaust, from its required reading list for eighth-graders. Minutes of the Jan. 10 meeting cited “inappropriate language” and an illustration of a nude woman.

In Williamson County, south of Nashville, a committee formed to review curriculum complaints, including many from the local chapter of Moms for Liberty, agreed to remove one book from its fourth-grade curriculum and restrict instruction on seven others. Gone is the Newbery Award-winning “Walk Two Moons,” about the journey of a 13-year-old girl with a Native American heritage to process her grief about losing her mother.

Lee’s library bill zeroes in on “age-appropriateness” but doesn’t define what that is. It doesn’t suggest that Tennessee school libraries could be peddling “obscene materials,” as does another bill filed last month by Republican Rep. Scott Cepicky of Culleoka and Sen. Joey Hensley of Hohenwald to remove books that are deemed unwholesome. 

The governor’s bill is scheduled to go before a House education subcommittee on Tuesday and the Senate Education Committee on Wednesday.  The legislation’s goal is to make sure Tennessee has statewide standards to regularly review school library collections, said Luke Gustafson, a senior policy adviser to Johnson, the Senate co-sponsor.

“Some districts already adhere very well to those best practices, and there are some that could do better. The point is to set a baseline,” Gustafson said.

But Sen. Raumesh Akbari, who is the lone Democrat on the Senate’s education committee, called the bill “an unnecessary intrusion.”

“As a child, I viewed the library as a magical place where I could read books to go places that I couldn’t physically go and to learn about all kinds of people and places and things,” said the Memphis lawmaker. “To make it a political issue is a disservice to our students and an insult to our school librarians who are highly trained and have expertise on what’s age-appropriate. They don’t need to be micromanaged.”

Media experts suggest school libraries should be the last worry for parents and government officials. Social media makes it relatively easy for kids and teens to access inappropriate content — from misinformation to cyberbullying to outright pornography — through YouTube, TikTok, and Instagram.

The nonprofit Common Sense Media, which helps educators and families navigate today’s media landscape, doesn’t think censorship is the answer to today’s book battles.

“There’s plenty of online content out there now that’s much more visually explicit than books in our school libraries,” said Christine Elgersma, the organization’s senior editor of learning content. 

“It’s also important to keep in mind that our schools are places where ideas can be introduced in a controlled environment and where there can be a rich discussion moderated by an adult and witnessed by a whole group of students,” she said. “Compare that to a child or teen being alone in their bedroom with a computer or cell phone and trying to process a lot of iffy content all by themselves.”

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

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Tennessee Lawmakers Advance School Voucher Bill Targeting Remote Education

This story was originally published by Chalkbeat. Sign up for their newsletters at ckbe.at/newsletters.

A key Senate panel approved legislation Wednesday that would provide public money for private school tuition for Tennessee students whose school systems do not offer in-person learning all year.

However, lawmakers amended the bill first to remove a provision that also would have extended vouchers to students whose parents disagree with school mask mandates in their district.

The 6-2 vote in the Senate Education Committee came after only 30 minutes of discussion about a controversial voucher policy that has been debated for years in Tennessee’s legislature and is currently being challenged in court.

Unlike Tennessee’s 2019 voucher law that was promoted as helping low-income students who attend low-performing schools in a few districts, the new legislation seeks to incentivize all 147 of the state’s school systems to keep students learning in person amid COVID-19.

“We’re doing this because we know that in-person learning is the most effective way to educate a child,” said Sen. Mike Bell of Riceville, noting that last year’s test scores showed a dramatic drop following a year of learning disruptions that leaned on remote instruction. 

The Republican lawmaker, who is co-sponsoring the bill with Rep. Michael Curcio of Dickson, said he wants public school systems to “take that job seriously” and keep brick-and-mortar classrooms open. He made references to large districts in Memphis and Nashville that provided mostly online learning last school year and saw their students’ scores decline beyond average statewide declines.

The bill would extend voucher eligibility to students in any district that does not offer 180 days of in-person learning because of the coronavirus pandemic for the three upcoming school years beginning Sept. 1, 2022. 

Other eligibility requirements under the 2019 law would remain in place for students in districts that have a high concentration of low-performing “priority schools,” or have schools in the state’s school turnaround district program known as the Achievement School District. That criteria applies to Memphis and Nashville, where leaders didn’t want vouchers introduced and challenged the law in court.

Tennessee’s voucher program was halted by a judge in 2020 because it applied only to students in Memphis and Nashville. The case is under appeal, with arguments scheduled before the Tennessee Supreme Court on Feb. 24. 

In the Senate panel, lawmakers questioned whether the new proposal could trigger voucher eligibility in districts receiving state-approved waivers to switch temporarily to remote learning. Education Commissioner Penny Schwinn launched the waiver process last fall after the COVID delta variant spread made it hard to keep schools staffed.

Charlie Bufalino, assistant commissioner of policy and legislative affairs for the Tennessee Department of Education, said the short answer is yes. However, it’s uncertain whether remote waivers will be offered beginning next school year when the proposed voucher legislation would kick in, he added.

If remote waivers are still available, Bufalino said districts could consider offering an in-person option while also providing temporary remote learning — or they could just use their 13 days stockpiled for closing schools due to inclement weather, illness, or other widespread challenges.

Sen. Raumesh Akbari, a Memphis Democrat who voted against the bill, said districts could quickly exhaust their stockpiled days and be forced to extend their school year into summertime. 

Akbari also pointed out that many private schools continue to toggle back and forth between in-person and remote learning to adjust to the changing pandemic.

“What happens if a parent tries to use this [voucher] just because they want to get their kid in a private school, and that private school is doing virtual learning?” she asked. “Then we’re taking state dollars to go to this private school, and they’re doing the same thing that’s being done by [public schools.]”

“That’s the beauty about this piece of legislation,” Bell responded. “That’s up to the parent. It’s a parent’s responsibility to choose a school that is going to meet their child’s needs.”

“My concern with that is it’s still state dollars,” Akbari reiterated, “and they’re taking state dollars to a private school that’s potentially doing the same thing that the public school is doing. So it’s not helping something that’s been identified as a problem. It is just giving the parents a state fund to take their child to a private school.”

Voucher critics have long argued that voucher advocates have an agenda beyond giving more education choices to families, many of whom already have multiple options such as public charter schools, magnet schools, online schools, and specialized optional schools, as well as homeschooling and private schools. They say the goal is to privatize education, especially for more affluent families who can most afford to cover the full cost of private school tuition beyond the $7,000 or so that a Tennessee voucher would provide.

The leader of Tennessee school superintendents said his organization opposes the bill, as it has all voucher legislation.

“We’re opposed to public funds leaving our public schools,” said executive director Dale Lynch. “Decisions are difficult enough at the local level, especially during this pandemic. Putting in this extra layer just adds to the challenges we face while trying to do what’s best for all students.” 

On a related note, Gov. Bill Lee, who championed the 2019 law, is seeking to rewrite Tennessee’s 30-year-old system for funding schools to a student-based approach instead of the current resource-based approach. 

The change could force the state to do student-by-student calculations that would make it easier for Tennessee to expand a private school voucher program, although Lee has denied that’s the reason he’s pushing for an overhaul.

You can track the voucher legislation here.

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