Categories
News News Blog News Feature

School Voucher Bills to Be First Filed Ahead of Next Legislative Session

A new universal school-voucher proposal will be the first bill filed for Tennessee’s upcoming legislative session, signaling that Gov. Bill Lee intends to make the plan his number-one education priority for a second straight year.

Senate Majority Leader Jack Johnson (R-Franklin) said last week that he’ll file his chamber’s legislation on the morning of Nov. 6, the day after Election Day. He expects House Majority Leader William Lamberth (R-Portland) will do the same.

The big question is whether House and Senate Republican leaders will be able to agree on the details in 2025. The 114th Tennessee General Assembly convenes on Jan. 14 as Lee begins his last two years in office.

During the 2024 session, the governor’s Education Freedom Scholarship proposal stalled in finance committees over disagreements about testing and funding, despite a GOP supermajority, and even as universal voucher programs sprang up in several other states.

Sponsors in the Tennessee House, where voucher programs have had a harder time getting support from rural Republicans and urban Democrats, attempted to woo votes with an omnibus-style bill that included benefits for public schools, too. But Senate Republican leaders balked at the scope and cost of the House version.

On Monday, Johnson gave a voucher update to school board members in Williamson County, which he represents, on the development of new legislation.

Similar to last year’s proposal, the new bill would provide about $7,000 in taxpayer funds to each of up to 20,000 students to attend a private school beginning next fall, with half of the slots going to students who are considered economically disadvantaged. By 2026, all of Tennessee’s K-12 students, regardless of family income, would be eligible for vouchers, though the number of recipients would depend on how much money is budgeted for the program.

“The bill is not finalized, but we’re all working together with the governor’s office to come up with a bill we all can support,” Johnson told Chalkbeat after the presentation.

Testing accountability is among chief issues to settle.

Johnson said the Senate’s 2025 bill will again include some type of testing requirement for voucher recipients — either state assessments or state-approved national tests — to gauge whether the program is improving academic outcomes.

However, the Senate bill would eliminate a previous provision that might have allowed public school students to enroll in any district, even if they’re not zoned for it. That policy proposal had been included at the insistence of Senate Education Committee Chairman Jon Lundberg (R-Bristol), who lost his reelection bid in the August primary.

Lamberth, the House leader, did not respond this week to multiple requests for comment about his chamber’s plan, which in 2024 had no testing requirement for voucher recipients. Instead, the House version sought to dramatically reduce testing and accountability for public school students, including replacing high school end-of-course assessments with ACT college entrance exams.

The House bill also included numerous financial incentives to try to garner support from public school advocates. One idea was to increase the state’s contribution to pay for public school teachers’ medical insurance by redirecting $125 million the governor had earmarked for teacher salary increases.

Johnson told school board members the governor is planning a “substantial” increase for public education funding in 2025 but didn’t specify how much or for what.

“I think we’re going to have some things in there that will be great for all public education,” he said when asked later about including costly incentives such as teacher medical insurance funding. “Whether it’s in that (voucher) bill or if it’s in a separate bill is a great question. We will see. I don’t know the answer.”

Williamson County school board rescinds earlier anti-voucher resolution

Johnson told board members in his home district that he expects “nominal” impact to Williamson County’s two suburban school systems south of Nashville, if the bill passes the legislature in 2025. Most enrollees, he said, would be in urban areas that have more low-performing schools and private school options.

Later Monday, Williamson County’s board, including four newly elected members whose campaigns were supported by a conservative out-of-state political action committee, voted 10-2 to rescind a resolution passed by the previous board opposing Lee’s Education Freedom Scholarship Act.

The governor is from Williamson County and graduated from a public high school there in 1977. So it was significant when his local board voted in March to join more than 50 other school boards across Tennessee on record against his signature education proposal.

But Dennis Diggers, a new board member, argued that it was appropriate to revisit the issue given the recent election, and proposed rescinding the resolution.

“Four of the six candidates who won their election ran publicly for more than six months on this issue, so it was out there,” Diggers said. “I am not going to deny the parents in Williamson County the chance to help their kids.”

Meanwhile, a Tennessee policy organization that supports vouchers released a new poll showing 58 percent of the state’s voters are more inclined to support a candidate who supports letting parents collect public funding to choose where their child is educated, including public, private, charter, or home schools. The Beacon Center poll did not use the word “vouchers” in its question to voters, which tends to poll worse than language about “school choice.”

Universal vouchers would mark a major expansion of vouchers in Tennessee, where lawmakers voted in 2019 to create education savings account options for students in Memphis and Nashville. That targeted program, which has since expanded to the Chattanooga area, has 3,550 enrollees in its third year, still below the 5,000-student cap, according to data provided by the state education department.

A spokeswoman for the governor said his administration continues to work with both legislative chambers on a “unified” universal voucher bill to kick off discussions for the 2025 session. She also noted that $144 million remains in this year’s state budget for the program, even though lawmakers didn’t approve the bill.

“We remain grateful for the General Assembly’s continued commitment to deliver Education Freedom Scholarships to Tennessee families by keeping funding for last year’s proposal in the budget,” said Elizabeth Johnson, the governor’s press secretary.

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.

Categories
News News Blog News Feature

New Rules Could Change Travel from Airlines, Car “Booting,” and “Gas Station Heroin”

New rules will change air travel, mandating refunds for flights and eliminating hidden airline fees. In addition, new laws could come soon to limit fees for booting cars in parking lots, and restrictions on “zaza” or “gas station heroin.”

New airline rules

Last month, the U.S. Department of Transportation (USDOT) issued final rules to require airlines to give passengers a prompt, automatic cash refund for canceled and significantly delayed flights, instead of travel vouchers or credits. The idea was proposed, in part, by U. S. Rep. Steve Cohen (D-Memphis), as a ranking member of the House Committee on Transportation and Infrastructure. 

The new rules were part of Cohen’s Cash Refunds for Flight Cancellations Act and Forbidding Airlines from Imposing Ridiculous (FAIR) Fees Act. The legislation would also protect consumers from “ridiculous” or hidden fees on certain services, though USDOT has not yet ruled on the idea.

  “These passenger protections are long overdue,” said Congressman Cohen. “When airlines are responsible for flight delays or cancellations, or do not provide the services that their customers pay for, passengers should be made whole, not tied to airline vouchers or travel credits. I have also heard from many travelers about their frustrations with hidden fees for checked bags, seat assignments, and flight change and cancellation fees that far exceed the costs to provide these services.”

New rules for “booting” and towing cars

In Tennessee, a bill is headed for Gov. Bill Lee’s desk that would prohibit unlicensed individuals from booting vehicles and cap the fee to remove a boot at $75. The legislation was sponsored by state Senate Majority Leader Jack Johnson (R-Franklin). It also proposes new rules for towing and parking.

“This legislation will protect vehicle owners in Tennessee from bad actors seeking to profit off of  immobilizing and confiscating vehicles,” said Johnson. “I’ve received complaints from many constituents who have had to go through unreasonably long and expensive processes to regain control of their vehicles which were unfairly immobilized or towed.

“Unfortunately, our current laws do not provide legal recourse to punish parking enforcers engaged in certain nefarious practices. This bill targets those bad actors and protects Tennessee vehicle owners.”

The bill would require booting be done if only a licensed parking attendant is present in a commercial parking lot. Boots would also have to be removed within 45 minutes of a driver’s call. The legislation would also ensures that vehicle owners are properly notified if their vehicle is being towed, sold or demolished by a towing company. Also, if the towing process has begun, but the vehicle hasn’t left the parking area, the bill requires towing companies to release vehicles to the owner for a fee of no more than $100. 

Getting “gas station” heroin out of gas stations

Another piece of federal legislation would ban the sale of tianeptine — sometimes called “zaza” or ”gas station heroin“ — at retail stores, like gas stations. The proposal is from Rep. Frank Pallone (D-New Jersey) who said the drug is causing an uptick in calls to poison control centers and emergency room visits. America’s Poison Control Centers said 391 tianeptine cases were reported nationwide last year.

Tianeptine is most commonly used for treating anxiety and depression. However, the drug has not been approved by the U.S. Food and Drug Administration (FDA). Sometimes the drug is abused to create a euphoric, opioid-like effect. A common tianeptine brand is called “Neptune’s Fix.”

“It’s clear that these harmful tianeptine-containing products pose a serious threat to consumers and are jeopardizing the health of our communities, particularly our kids,” Pallone said in a statement. “These dangerous products do not belong on store shelves, which is why I’m introducing a bill today to empower FDA to prohibit the marketing of ‘gas station heroin’ to protect consumers.”

Categories
News News Blog News Feature

Lawmakers Pass Bills Allowing Death Penalty for Child Rapists

GOP lawmakers still want to kill child rapists in Tennessee and while laws to do it have passed both chambers, death penalty opponents question motives behind the legislation. 

If the governor signs the bill, adults over the age of 18 could face the death penalty if they rape a child under the age of 12. However, judges could also levy lesser punishments to those convicted.

The legislation was sponsored by two powerful lawmakers: House Majority Leader Rep. William Lamberth (R-Cottontown) and Senate Majority Leader Sen. Jack Johnson (R-Franklin). 

The House version of the bill passed Tuesday. The Senate version passed earlier this month. 

In 2008, the U.S. Supreme Court said a similar idea from Louisiana was “not proportional punishment for the crime of child rape.” In a Tennesseean op-ed published Monday, Johnson said he sponsored the legislation “in an effort to challenge the 2008 Supreme Court ruling.” That part rang a sour note for Tennesseeans for Alternatives to the Death Penalty (TADP) which said the statement shows “what this bill is really about.”

“Bottom line: This bill is about overturning Supreme Court precedent and not about protecting our children,” reads an email newsletter sent from the group Tuesday. “If protecting kids was the priority, then lawmakers would listen to the child service providers who continue to publicly share their concerns that this legislation will only chill the reporting of this crime since 90 percent of offenders are family or friends of the child. It will also trap children in decades of capital litigation that will only serve to re-traumatize them, particularly if they have to testify over and over again.” 

Such legislation is on brand for the GOP’s tough-on-crime platform. Conservative lawmakers believe the threat of death is equal to the some crimes and their laws may make some re-consider their actions. But the bill could also open a big door for lawmakers down the road.

Current law says a “defendant guilty of first degree murder” must get a sentencing hearing in which they’ll get the death penalty, a life sentence, or a life sentence without the possibility of parole. This GOP bill removes “first degree murder” wherever it appears in current law and replaces it with “an offense punishable by death.” This would add child rape this year. But it seems to crack the door open for lawmakers to add other offenses in the future. 

For now, though, Johnson and Lamberth are focused on child rapists, who Johnson called “monsters” in his op-ed. 

“Child rape is the most disgraceful, indefensible act one can commit, leaving lasting emotional and psychological wounds on its victims,” he wrote. “As a legislator, and more importantly, as a human being, our responsibility to protect the most vulnerable comes first.”

However, the notion of upending the Supreme Court ruling was on Lamberth’s mind even as he presented the House version of the bill earlier this year. He vowed then to fight for its implementation in court. He noted that in 2008, the court’s ruling came because “not enough states had this type of penalty on the books.”     

“We’re seen other decisions by the Supreme Court overturned,” Lamberth said. “I believe this particular makeup of the court, it leans more towards state’s rights.”

Death penalty executions remain on hold in Tennessee after a scathing report in December 2022 found numerous problems with the state’s execution protocols. 

Two death penalty bills failed in the legislature last year. One would have added firing squads to the state’s options for executions. Another would have brought more transparency to the execution process. 

One death penalty bill passed last year. It gave the Attorney General control over post-conviction proceedings in capital cases, rather than the local District Attorneys. That bill was ruled unconstitutional in July by Shelby County Criminal Court Judge Paula Skahan. 

Categories
News Politics Politics Beat Blog

State GOP Speeds Transgender Therapy Bill Toward Passage

Despite the threat of legal action, supermajority Republicans passed legislation Monday restricting transgender therapy and surgery for anyone under 18 in Tennessee.

As amended, the bill clarifies that hormones and puberty blockers can be distributed and that the legislation won’t apply until July 1, 2023.

Brought by Senate Majority Leader Jack Johnson in response to allegations by a right-wing radio show host that Vanderbilt University Medical Center did gender-affirming surgery on minors, Senate Bill 1 prohibits health-care providers from performing medical procedures to enable a minor to identify or live with a “purported identity” other than the minor’s sex.

Vanderbilt has said it followed state law but that it would put its clinical procedures on hold. The hospital also was accused of pushing the procedures because they were a strong revenue producer.

On the Senate floor Monday, Johnson, R-Franklin, cited a medical expert who said gender-affirming treatment can cause permanent damage to minors. He also quoted a person who testified in committee last week about her disenchantment with going through gender-affirming surgery for breast removal and other changes at the age of 17.

Senate Majority Leader Jack Johnson, R-Franklin, who introduced the legislation in response to allegations by a right-wing radio show host, argued that gender-affirming science is “unsettled at best.”

“Body parts won’t regrow when they’re removed,” Johnson said.

He argued that gender-affirming science is “unsettled at best” and that treatment can have long-term negative effects. Johnson encouraged mental health treatment for minors who identify as the other sex. 

The measure would impose licensing sanctions against physicians who provide gender-affirming care and enable those dissatisfied with their treatment to take legal action.

“The reality is these kids are victims,” Johnson said.

The House version of the bill sponsored by House Majority Leader William Lamberth, R-Portland, is set to be considered Wednesday in the Civil Justice Committee.

Senate Democrats voted against the measure Monday, with Sen. Jeff Yarbro of Nashville contending that the measure wouldn’t stop medical procedures dealing with hormones.

“This isn’t regulating people’s conduct. It’s regulating what they believe,” Yarbro said.

State Sen. Heidi Campbell, a Nashville Democrat, argued that the legislation will take away freedoms. She also pointed out that the people who testified in committees weren’t Tennessee constituents and that the same language is surfacing in legislation across the country.

“This isn’t regulating people’s conduct. It’s regulating what they believe,” said Democratic Sen. Jeff Yarbro of Nashville during Senate debate. (Photo: John Partipilo)

Likewise, Senate Minority Leader Raumesh Akbari said such medical decisions should be made by parents, psychiatrists and medical doctors.

“We’re legislating our personal beliefs in a blanket ban,” Akbari said.

The American Civil Liberties Union, its Tennessee arm and Lambda legal said Monday they will file a lawsuit immediately against new state restrictions, contending the bill infringes on the rights of transgender youth and their families.

Current state law allows post-pubescent teens to have gender-affirming care. The ACLU points out similar restrictions in Alabama and Arkansas have been enjoined by federal courts.

“Trans youth in Tennessee deserve the support and care necessary to give them the same chance to thrive as their peers. Gender-affirming care is a critical part of helping transgender adolescents succeed in school, establish healthy relationships with their friends and family, live authentically as themselves and dream about their futures,” said ACLU attorney Lucas Cameron-Vaughn in a statement. “Politicians are risking the lives of young people by forcing their way into family decision-making, a fundamental right which has traditionally been protected against government intrusion.”

The ACLU contends the legislation is filled with misinformation and that committee testimony supporting it was full of “falsehoods.”

The legislation says the medical procedures that change a minor’s hormonal balance, remove sex organs or change the person’s physical appearance are harmful, can lead to sterility, increased risk of disease and illness and sometimes fatal psychological consequences. The legislature further claims that such procedures are “experimental in nature and not supported by high-quality, long-term medical studies.”

Politicians are risking the lives of young people by forcing their way into family decision-making, a fundamental right which has traditionally been protected against government intrusion.

– Lucas Cameron-Vaughn, ACLU

The legislation points out that Dr. John Money, founder of the Johns Hopkins Gender Identity Clinic, abused minors in his care, which led to the suicides of two people — claims that are at least partially false. It also claims the medical procedures are being performed with “rapidly increasing frequency” and that guidelines have changed in recent years. 

Furthermore, the bill claims pharmaceutical companies that contributed to the nation’s opioid epidemic have tried to profit from the use of drugs and devices for transgender therapies and surgeries.

The legislation also goes as far as to say health-care providers in Tennessee have posted pictures of naked minors online to advertise these types of surgeries and that Planned Parenthood of Tennessee and North Mississippi, “an organization responsible for killing tens of thousands of unborn children, has become one of the largest administrators in this state of such medical procedures.”

Tennessee Lookout is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Tennessee Lookout maintains editorial independence. Contact Editor Holly McCall for questions: info@tennesseelookout.com. Follow Tennessee Lookout on Facebook and Twitter.

Categories
Politics Politics Beat Blog

State Funding Could Plug County’s Budget Hole

After several marathon budget-review sessions and an interminable and mind-boggling amount of numbers-crunching and wrangling, Shelby

Senate Majority Leader Jack Johnson announcing relief of grant restrictions

County’s budget stalemate may finally reach something resembling a satisfactory conclusion at Monday’s scheduled Shelby County Commission meeting.

Going into the weekend, the commission still had something like a $5 million+ looming deficit to make up. In the weeks of fretting over possible cuts and reallocations, a schism of sorts had developed between the county administration of Mayor Lee Harris, whose initial budget was rejected, and Eddie Jones and Edmund Ford Jr., chairman and vice-chair, respectively, of the commission budget committee.

In recent meetings, the impasse had come down, more or less, to non-stop sparring between Jones and Ford, on one hand, and county Chief Financial Officer Mathilde Crosby, on the other. The discussion wandered, as they say, into the weeds, and the weeds grew ever denser and more impenetrable.

On the eve of Monday’s meeting, two possible solutions were on the brink of being proposed. Jones had a formula which, he said, involved changes to the education portion of the budget, while Commissioner Van Turner was ready to propose substantial borrowing from the county’s fund balance, or “rainy day fund,” temporarily dispensing with county government’s tradition of maintaining the fund at 20 percent of the county budget.
Meanwhile, state government, acting as a deus ex machina, may have resolved the dilemma for the county by removing restrictions on $200 million previously offered by Governor Bill Lee to the state’s local governments for help with infrastructure needs and COVID-related expenses.

In its version of a $39.4 billion state budget completed last Thursday, the state Senate, in order to deal with what Senate Majority Leader Jack Johnson (D-Franklin) called the “dire circumstances” of localities, voted to take any restriction off how local governments chose to spend the money. Indications are that the House, which has yet to finish its deliberations, will follow suit in approving removal of the restrictions.

Shelby County’s share of the money, which will become available as of the new fiscal year on July 1, is $7,756,653, enough, if applied to the county general fund, to overcome the remaining amounts of a prospective budget deficit.

The county’s sum had been spoken for some weeks ago in the form of a commission resolution to use it for partial funding of the county’s Juvenile Rehab and Education Center, but Commissioner Turner said he would be willing to pursue a formal rescinding of that proposed allocation — even, if necessary, to seek an override of a mayoral veto — in order to re-access the state money for the purpose of budgetary resolution.

Shelby County government isn’t the only local beneficiary of the state grant funds. Memphis’ share is $14,388,140, while the moneys available to the other county municipalities are as follows: Arlington, $288,135; Bartlett, $1,338,991; Collierville, $1,147,017; Germantown, $892,855; Lakeland, $308,438; and Millington, $265,802.