After years of blocking voucher bills in the Tennessee House, we are now seeing the ESA Voucher (Gift Cards for Education) bill barreling its way through the State Legislature at breakneck speed. And we mean breakneck speed… BREAK NECK as in any legislator who stands in the way gets his neck broke… or has his committee chairmanship taken away.  

We first told you about the details of this bill here. Since our last blog, the bill has seen several amendments highlighted below and passed 14-9 in the House Education Committee. See our list of Heroes and Zeroes in the House at the end. 

​But the most significant revelation has been the fiscal note on this bill. Despite the concessions made to reduce possible abuse, the financial impact of this bill on Tennessee's largest school districts will be stunning.

The fiscal note estimates that the LEAs targeted by this bill (Achievement School District, Jackson-Madison County, Knox County, Hamilton County, Metro Nashville Public Schools, and Shelby County Schools) will lose nearly $111,000,000 annually in funding, beginning in year six of the program. Plus, LEAs are conservatively expected to lose another $6.2M annually in federal funding. But the actual amount could go as high as $18M. This will be on top of the LEA's nearly $200K of anticipated expenses incurred from administering TNReady/TCAP tests to voucher students. All that adds to approximately $117,000,000 in lost funding for targeted LEAs.

​With that kind of funding loss to our largest school districts, this bill has the potential to bankrupt Tennessee's system of public education. 

The money lost to vouchers is supposed to be compensated by a state grant for three years to LEAs. But this money goes into a school improvement fund administered by TDOE and will not be disbursed until "after the first three (3) fiscal years in which the program accepts participating students.…" And then, the money may not go into an LEA's general budget. Instead, the grant money must earmarked to support priority schools. 

In addition, to the loss of funding for LEAs, there are even more financial ramifications. The ESA voucher program is expected to cost the State $25,250,000 annually plus a one-time amount of $200K for first year start-up costs. Over $6,000,000 annually is earmarked to outside fund administrator(s). That amount could be even higher as there is a discrepancy between the proposed 49-6-2603(a)(4)(M) which limits the administrative fee to 2% and proposed 49-6-2605(h) which allows the fee to go up to 6%.  

Millions upon millions of dollars are at stake in this proposed legislation. 

Education reformers have had their eye on Tennessee for a long time. For years, they have been trying to undermine our Tennessee schools with bogus school choice legislation. And recently, they carved out a nice little niche in the law books for future school choice legislation.

You can see that effective 2018, our state lawmakers reserved certain sections of the Elementary and Secondary Education statutes for future legislation. And now, we know what kind of special Hell they have been planning for public education. The proposed HB939/SB795 was finally unveiled to the House Education Committee last week. While the bill passed committee, it was not without criticisms so some compromises were made. ​A list of highlighted changes is detailed below. 
​

New Approved Uses for ESA Voucher Money

The latest version of the bill changed some of the things that can be purchased with ESA vouchers. We have listed those changes below with deleted items in red and additional language in blue. 

• Tuition or fees at a participating school
• Textbooks required by a participating school; 
• Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department and the state board
• REMOVED: Payment for purchase of curriculum, including any supplemental materials or instruments required by the curriculum. As used in this subdivision, "curriculum" means instructional educational materials for an academic course of study
• Fees for transportation to and from a participating school or educational provider paid to a fee-for-service transportation provider
• Tuition and fees for an eligible nonpublic online learning program or course that meets the requirements set by the department and the state board 
• Fees for early postsecondary opportunity courses and examinations required for college admission
• Services provided under a contract with a public school, including individual classes or extracurricular programs 
• Computer hardware or other technological devices approved by the department, if the computer hardware or other technological device is used for the student's educational needs and is purchased through a participating school, private school, or provider
• School uniforms, if required by a participating school
• Tuition and fees for summer education programs and specialized afterschool education programs, which do not include afterschool childcare
• Tuition and fees for at an eligible postsecondary institution
• REMOVED: Contributions to a Tennessee state-sponsored college savings educational investment trust account established pursuant to chapter 7, part 8 of this title and § 529 of the Internal Revenue Code (26 U.S.C. § 529), in accordance with state and federal law and all relevant rules, regulations, notices, and interpretations by the United States department of the treasury, including interpretations of the Internal Revenue Code; provided, however, that the contributions and earnings shall not be used for elementary or secondary educational expenses
• Textbooks required by an eligible postsecondary institution
• Educational therapy services provided by therapists that meet the requirements established by the department and the state board
• Fees for the management of the ESA by a private or non-profit financial management organization, as approved by the department. The fees must not exceed two percent (2%) of the funds deposited in a participating student's ESA in a fiscal year.

Homeschool Students Now Excluded 

It would appear that the newly amended bill no longer includes home school or church school kids. The bill specifically provides that the parent must ensure a participating student satisfies the compulsory school attendance requirement provided in TCA 49-6-3001(c)(3) through enrollment in a private school defined in 49-6-3001(c)(3)(A)(iii).

“Private school” means a school accredited by, or a member of, an organization or association approved by the state board of education as an organization accrediting or setting academic requirements in schools, or that has been approved by the state, or is in the future approved by the commissioner in accordance with rules promulgated by the state board of education. It does not include students in home schools or church related schools. 


College Expenses

The bill amendment no longer allows parents to bank unused ESA voucher money into a 529 College Saving program. However, there are new provisions that allow any unused ESA money to be used by a "legacy" student up until the year of their 22nd birthday to pay for college tuition, fees, and textbooks. The bill still hands the ESA gift cards to kids between the ages of 18-22 and makes them responsible for compliance requirements. 


Athletics

Student athletes who play a regulated interscholastic sport are required to sit out a year if they use an ESA voucher to transfer from a public school to a private school. The restriction only applies if the student participated in the sport in the year immediately preceding his transfer and the student has not relocated outside his LEA. 

You can see below House Education Committee members who were the zeroes voting against public schools, heroes voting for public education, and the one dude who sat on the sidelines, not voting at all. 
​

Some Momma Bears voted for our governor-elect, Bill Lee. We are filled with hope and promise as he takes office at the beginning of the legislative session in January. What will be in store for our public schools? Momma Bears are hoping for a resounding effort of support for ALL of our children and ALL of our schools.
 
Tennessee is filled with great school districts doing their best to serve every student that walks through their door. Public schools don't turn children away. They are a public institution that our state constitution requires for us to support with our tax dollars to create Tennessee citizens that contribute to our productive society. In some counties, public schools are the largest employer, the greatest asset, an engine for the economy. Public schools are the center of the community for "Friday Night Lights” football games, a Tennessee tradition and a resource people value.
 
Governor-elect, we need to let you know we are watching closely. So closely we noticed that folks you are picking for your cabinet or who might be advising you about public ed are anchored to an organization that we question: American Federation for Children (AFC).
 
We have written about them before.  We talk about AFC's role in trying to bring vouchers to the Memphis Jubilee schools. “They’re ready,” said Carra Powell, a lobbyist for Tennessee Federation for Children, and parent of two in Jubilee Schools and one recent graduate. “As soon as the voucher bill is passed, we’re rolling them in.” 
 
That legislation was JUST for those schools — a money grab. Laws to change an entire segment of government, ignoring a valued American principle of the separation of church and state, to siphon off tax dollars to private religious schools. When the voucher legislation died, what happened to those schools? They had to close or become charter schools to stay open. Which means we were going to take tax dollars to prop up financially unstable private schools. Is that the real point of vouchers? To financially prop up private religious schools in Memphis?
 
We wrote about AFC here as a warning that outside national interests are looking to remove the voices of public education from lobbying, silencing our voices in the halls of the legislature. Because a lot of this rule-making that includes or excludes is carried on in back rooms out of the public ear. So, if school systems don't have lobbyists listening for us, all laws will only be made by well-moneyed special interest groups and business lobbyists. 
 
Citizens, "The People," use public schools. The people need a voice in those decisions. Because many times good decisions on paper don’t do so well in practice (cough... testing...)  but are kept because someone in power has to save political face or make money or get re-elected. Lobbying is the way the "game is played." Those who would like to block education advocates and school districts from listening in on negotiated law and policy changes are only changing the rules to shift all the power and public money away from the public schools and into the pockets of the 1% business elite.
 
Please remember who these powerful business lobbyists represent. It is not teachers’ associations, but testing companies, textbook and computer software companies like Pearson, charter schools, voucher lobbyists like American Federation for Children, consultants for scripted curriculum businesses, student loan companies, all the entities who aim to profit off of tax dollars going to public schools. Do not be fooled. 
 
It is not news that  The American Federation for Children (AFC) is a 501(c)(4) lobbying and advocacy group that was founded by the billionaire family of Education Secretary Betsy DeVos.  And DeVos was chairman of the lobbying group for years until she was nominated to be education secretary. So, Momma Bears want to know why this anti-public education lobbying group is so cozy with our incoming governor? 
 
Momma Bears, would you respectfully write our new governor-elect a nice email and encourage him to support our public schools FIRST and foremost? We don't need privatization schemes. We need fully-funded public education that can deliver quality, engaging curriculum, arts, and enrichment, support our teachers in the classroom and pay them professional wages so we can eliminate the teacher shortage and high teacher turnover, provide schools that care and build a world-class public school system that can serve all students. Let Governor-Elect Lee know Momma Bears value strong public schools. Email him at: bill@billlee.com
 
90% of all school-aged children attend public school in Tennessee. We need a governor to understand that he represents us — not The American Federation for Children (AFC). 
 
Beware of the promise that choice is the answer. AFC’s version of school choice really represents creating several systems that may or may not choose your family (charter, public, private) for access. These systems are fighting over the same pot of public dollars. This type of competition creates winners and losers. Nationally, many times all of those systems, an most of all students, get shortchanged as these school choice systems fight over funding crumbs. How is that choice?  And who is this AFC cabinet choice for education?
 
Momma Bears think all children should win by creating a winning public school system for EVERY child in the State of Tennessee. There should never be losers. The American Federation for Children and Betsy DeVos do not support your neighborhood public school choice.
 
More reading: 
 
DEVOS DANGER
https://deutsch29.wordpress.com/2017/01/26/devos-and-alliance-for-school-choice-where-the-ultimate-choice-means-vouchers-to-private-schools/
 
HIGHER TAXES DUE TO VOUCHERS (Private schools increase tuition every year!).
https://www.greenbaypressgazette.com/story/news/education/2015/07/29/wisconsin-school-vouchers-boost-property-taxes/30839409/

You've probably already heard the great news that the voucher bill is probably dead for the year.  If you want more detail about how Representative Dunn (who is the poster boy politician for out-of-state organizations funded by billionaires who want to privatize public schools) dramatically teared up when he pulled his bill from consideration because he knew he did not have enough votes for it to pass, then click HERE to read the news.  

Dunn, with tears in his eyes, claimed that anti-voucher people only called him about the money not about the kids.  Um, we have to point out the elephant in the room: his campaign and lobbyists are getting paid big bucks, paying people to show up and speak about vouchers, giving away yellow scarves to anyone who will wear them.  Meanwhile, parents and teachers (like us Momma Bears) were working for free to stop it.  Money matters to who? This is for the kids.

Anyway, after Representative Dunn's crocodile tears, his quoting scripture, and his pull on people's heartstrings lamenting the poor kids in Memphis that he claims his vouchers would save (ironically, the same poor children he won't lift a finger to push for adequate funding for their starving public schools), he at last brought his 4 year-old voucher bill to the clerk's desk.  (cue funeral dirge music)

From what we understand, the clerk's desk is a vast dark hole.  Once a bill is placed upon it, only a vote from 50 Representatives can get it off the desk to be voted upon again with 24 hours notice.  This is intriguing to us, this desk...  
Does it become piled up with stuff people set upon it?  
What happens if the clerk spills his coffee on it?  
Can he pick the bill up and put it on another desk or does that take 50 votes, too?  
Is the desk a big giant pile of stuck bills that stay stuck forever?  
​Or does he have a nice file cabinet to put these lame bills in?
What are the odds of bills stuck there ever getting out?

Perhaps the greatest question we have is...

Can we put the TNReady paper test on the clerk's desk, too?  Please oh please???

Before you throw a celebration party, know that this bill is not dead yet.  We are watching to make sure it stays lost in the pile and not horse traded for something else.  Representative Dunn is pretty sneaky and so are the many lobbyists in Nashville whose job is to get vouchers in TN.  (Remember how the bill was rushed through committee when key members were absent?)  So, we're happy the bill is stuck, but we're still very skeptical.  Even after you cut the head of the snake off, it can still bite you.  And there is always next year, the money flowing into campaigns to elect pro-voucher legislators has already started.

Speaking of money.  We have heard that if you compile all the money spent on pushing vouchers over the past 4 years in TN (including the salaries of the lobbyists [lobbyists make big bucks, and there are a bunch of them], campaign contributions to politicians, PR, etc.) the grand total would be over $8 million.

$8 million spent to "help" 5000 potential voucher kids in Memphis?  We can't help but imagine if that $8 million went to the current public schools of those students to implement smaller class sizes, to put more support staff in the buildings working with the students, and to providing support services to address the crippling poverty these kids face every day and will still face if they attended private schools on vouchers.  Now THAT would really make a difference.  Such a shame, such a shame.​

Dear True Believers,

Y’all got to be excited! Here you sit on the cusp of making history in Tennessee, despite a few pesky parents, educators, newspaper columnists, members of the Tennessee County Commissioners Association, school board members,students, and community members, who can’t appreciate all you do, by this time next week, you’ll be celebrating Tennessee joining the forward-thinking states who have provided a pathway out  for all those trapped kids in failing schools. Never mind that vouchers have never worked anywhere else, we all know Tennessee is different. So ignore the haters, this has been a long time coming, and Lord knows, you’ve worked hard for it and deserve it.

Legislators, I have got to say I am really impressed by your willingness to stake your political reputation on the idea of vouchers for the sake of those poor, poor children. Some may say otherwise, but I take it as evidence that you care about all children. Seeing as, for the most part, you will never even interact with these children. People don’t appreciate how expensive running for office every two years is and out-of-state education lobby groups have been extremely generous over the last several years. Heck, last year alone they dropped 260K on your campaigns. A million bucks over the last two years is a lot of cabbage. Especially now that some of you are drawing challengers. Your willingness to make this sacrifice shows that this truly is about the kids.

Now maybe all those lobbyists won’t go away, but just in case they do, one area that you might want to look at for recouping some of your financial losses is in the school building industry. Hear me out, now. We all know that once you take away thereligious-affiliated schools, that there are not enough private schools to handle the demand of all these new voucher-carrying students. Luckily, there are already some lobbyist groups ready to step into the void. Now, that may mean sharing some of ourchildren’s personal information, but you knew that was going to happen anyway. How else would we be able to decide who gets a voucher life boat and who doesn’t?

You rural folks, who have done a lot of the heavy lifting on this bill, might be a little worried that you might not get to benefit from this voucher bill. Fear not, I know you are being told that this bill is primarily for those poor kids in Memphis, Nashville, Knoxville, and Chattanooga, but let’s look at that a little closer. A lot of people don’t realize that just a couple of students can have a profound effect on a school’s overall grade.

Look at Williamson County, arguably the home of the best schools in the state, and specifically at Fairview Middle School. A few transfer kids with special needs threw off their results enough for them to get classified as a “focus” school. So, if a couple of priority schools in Memphis get rid of 100 or so kids each with their vouchers, then they’ll no longer be in the bottom 5% of schools. But there will always be a bottom 5%. So be on the lookout – Fayette, Maury, Grundy, Hardeman, Hancock, Roane, Sevier, and other counties – any one of you could come off the bench and suddenly become eligible for vouchers.

Do you know what the best part is? Let’s say Swiss Elementary School students were eligible for vouchers, but the parents disagree with the rankings. They believe in their school, and they don’t want to use vouchers to enroll in a private school. Well, that would then mean that any student in Grundy County could now get their private school tuition paid for with taxpayer dollars. Sweet! If those poor kids don’t want it, then it’s yours! Pretty good deal, huh?

Sure the schools in question may lose out on that needed cash to keep the lights on when they lose students because of these vouchers, but as Rep. Bill Dunn (R-Knoxville) says, “In the end, the adults in (the schools), they’ll be OK, but the kids in them can’t wait.” So if a district loses a school or two to financial hardship brought on by lost funding, or if a great school has to scale back, it is all for the greater good according to Rep. Dunn. I’m assuming that’s why a State Representative from East Tennessee and a few from Williamson County are fighting so hard for a plan that won’t even affect them and runs counter to conservative beliefs, while those who itwill affect voted against it. Hey, I saw Waiting for Superman. I know how all this works. Tennessee has spent enough on our schools with limited results, we need to take action.

It does my heart good to see so many putting the needs of so few first. LikeRepresentative Dunn says we need to focus on creating new opportunities for children, not on finances.Now we just have to find a way to get some of that Title I money to follow the kids as well. Maybe we could even move Tennessee up from number three to number one nationally in Charter School growth. But let’s not get ahead of ourselves, right? And I wouldn’t let it bother me that Governor Haslam didn’t even mention you in his recent State of the State speech. Probably just slipped his mind. I also wouldn’t worry whether any of this is constitutional or not,because who’s going to ask? Besides, whats one more potential law suit?

So lets inflate the balloons, strap on the party hats, and crank up the Kool and the Gang, because its time to celebrate. Unless, of course, some of those pesky parents, educators, county commissioners, school board members, African American State Representatives from Memphis, students, and community members who can’t appreciate all you do raise too loud of a fuss and stop this bill come Monday. But that will never happen…. or will it? The choice is ours.

Sincerely,

A pesky parent

The above letter and picture were originally posted on this fantastic Tennessee Dad's blog. Click HERE to read it and his other blogs. They are all better than sliced bread, with a jar of Nutella, and 5 minutes of blissful peace and quiet.  Yes, his blogs are that good!

Before you send us an email all upset thinking Momma Bears have gone to the dark side, take a a gulp of sarcasm and re-read his article.  Of course Momma Bears don't support vouchers, we have and always will support public schools.  Sometimes you have to fight fire with funny.  So, enjoy! and then take action because your voice is important!

Not sure exactly what to do?  You need to find your TN House of Representative and pester the stew out of him/her because they are the ones voting on this bill on MONDAY.  Click HERE to find your House of Representative.  OR even better, click HERE to visit TREE's website where they have easy steps to follow and links to make it super-easy for you.  (Those TREE people are smarter and more tech-savvy than we are!)

​So, don't waste too much time enjoying that jar of Nutella, dear reader, you have work to do!