From the Statehouse

Revenue picture still iffy

The 2012 legislative session probably will face budget cuts similar to those made by the 2011 session, based on revenue forecasts released Tuesday.

Colorado CapitolEconomic recovery remains slow and uncertain, and conditions have deteriorated since the last set of forecasts was issued in June, legislative and executive branch economists told the Joint Budget Committee and a hearing room packed with lobbyists and state bureaucrats.

Some education budget watchers expect Gov. John Hickenlooper will propose a K-12 funding cut of $200 million to $300 million when he makes his 2012-13 budget proposal on Nov. 1. Hickenlooper proposed a $332 million K-12 cut for 2011-12, but the legislature managed to whittle that to about $160 million, using a variety of fiscal devices.

Henry Sobanet, director of the Office of State Planning and Budgeting, told the committee that his September forecast will guide the governor’s budget plan. Another set of forecasts will be issued in late December, on the eve of the legislature’s 2012 session.

Both Sobanet and Natalie Mullis, the legislature’s chief economist, noted increased economic weakness since they made their June predictions.

“The recovery has slowed,” said Mullis, adding, “The chances of recession are rising. … The ability of the economy to withstand outside shocks is waning.”

Sobanet’s June forecast was more pessimistic than Mullis’, and he said, “We really didn’t change our expectations” in the latest forecast.

Both forecasts predicted the state will have enough revenue in 2012-13 to cover current levels of spending – but that rising costs and caseloads, such as Medicaid patients, schoolchildren and college students, will mean more demands for state spending than available revenue.

The Legislative Council forecast estimates that the legislature will have $367.2 million more to spend for 2012-13 than it did for the current 2011-12 budget year. (The current general fund budget is about $7.2 billion.)

Mullis said the rule of thumb is that caseload and cost increases amount to about $300 million a year.

Past legislatures have cut some programs temporarily, like $100 million in property tax relief for seniors, to soften cuts in other areas. The suspension is supposed to expire for the next budget year, so lawmakers will have to decide if they want to cut elsewhere to cover that or suspend it again.

So to balance the 2012-13 budget, next year’s legislature will have to cut other programs to meet caseload and costs growth, decide to ignore some of those commitments – like school and college enrollment growth, reduce the size of the state reserve or continue money-saving tactics like suspension of the seniors’ tax break. Lawmakers likely will use a combination of all four tactics.

Because schools and higher education consume nearly half of the state general fund budget, there’s no way to avoid cutting them in the current situation.

“Balancing the budget will require the legislature to make many difficult choices,” said Sen. Mary Hodge, D-Brighton and chair of the JBC.

The state ended the 2010-11 fiscal year with more money that was required for the reserve, triggering a transfer of $226.9 million to the perennially strapped State Education Fund and of $67.5 million to the State Public School Fund. The two funds are used to support state aid to districts and for other education programs. The $67.5 million will be distributed to some school districts next year based on enrollment growth and declines in local tax revenue.

In recent years the state has dipped heavily into the SEF to reduce the amount of K-12 spending that had to be supported by the general fund, the state’s main account for a variety of departments and programs.

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legal opinion

Tennessee’s attorney general sides with charter schools in battle over student information

Herbert H. Slatery III was appointed Tennessee attorney general in 2014 by Gov. Bill Haslam, for whom he previously served as general counsel.

Tennessee’s attorney general says requests for student contact information from state-run charter school operators don’t violate a federal student privacy law, but rather are “entirely consistent with it.”

The opinion from Herbert Slatery III, issued late on Wednesday in response to a request by Education Commissioner Candice McQueen, was a win for charter schools in their battle with the state’s two largest districts.

Education Commissioner Candice McQueen

McQueen quickly responded by ordering school leaders in Memphis and Nashville to comply. In letters dispatched to Shelby County Schools Superintendent Dorsey Hopson and Director Shawn Joseph of Metropolitan Nashville Public Schools, McQueen gave the districts a deadline, adding that they will face consequences if they refuse.

“If you do not provide this information by Sept. 25, 2017, to the (Achievement School District) and any other charter school or charter authorizer who has an outstanding request, we will be forced to consider actions to enforce the law,” she wrote.

Neither superintendent responded immediately to requests for comment, but school board leaders in both districts said Thursday that their attorneys were reviewing the matter.

Chris Caldwell, chairman for Shelby County’s board, said he’s also concerned “whether the timeframe stated gives us enough time to make sure families are aware of what is happening.”

Wednesday’s flurry of events heats up the battle that started in July when charter operators Green Dot and LEAD requested student contact information under the state’s new charter law, which gives districts 30 days to comply with such requests. School boards in both Memphis and Nashville refused, arguing they had the right under the federal student privacy law to restrict who gets the information and for what reasons.

The attorney general said sharing such information would not violate federal law.

The requested information falls under “student directory information,” and can be published by school districts without a parent’s permission. For Shelby County Schools, this type of information includes names, addresses, emails and phone numbers.

To learn what information is at stake and how it’s used, read our in-depth explainer.

The opinion also backs up the new state law, which directs districts to share information that charter operators say they need to recruit students and market their programs in Tennessee’s expanding school-choice environment.

However, the opinion allowed for districts to have a “reasonable period of time” to notify parents of their right to opt out of sharing such information. It was not clear from the opinion if the two school districts have exhausted that time.

A spokeswoman for Shelby County Schools said Tuesday the district had not yet distributed forms that would allow parents to opt out of having their students’ information shared, although the district’s parent-student handbook already includes instructions for doing so.

Below, you can read the attorney general’s opinion and McQueen’s letters to both superintendents:

Clarification, Sept. 14, 2017: This story has been updated to clarify the school boards’ arguments for not sharing the information.

First Person

I covered Tennessee’s ed beat for Chalkbeat. Here’s what I learned.

PHOTO: Marta W. Aldrich
Grace Tatter covers a press conference at the Tennessee State Capitol in 2015.

For three years, I covered the Statehouse for Chalkbeat Tennessee, reporting on how policies from Nashville trickled down into more than 1,800 public schools across the state.

Now I’m starting back to school myself, pursuing graduate studies aimed at helping me to become a better education journalist. I’m taking with me six things I learned on the job about public education in Tennessee.

1. Apathy is often cited as a major problem facing education. That’s not the case in Tennessee.

I heard from hundreds of parents, educators, and students who were passionate about what’s happening — good and bad — inside of schools. I covered crowded school board meetings and regularly scrambled for an open seat at legislative hearings where parents had filled the room after driving since dawn to beat the opening gavel. Not incidentally, those parents usually came from communities with the “worst” schools and the lowest test scores. While many disagreements exist about the best way to run schools, there is no shortage of people, particularly parents and educators, who care.

2. Tennessee has one of the most fascinating education stories in America.

I’ve had a front-row seat to massive changes in K-12 education under reforms ushered in by Race to the Top — an overhaul being tracked closely well beyond the state’s borders. But the national interest and import doesn’t end with changes stemming from the $500 million federal award. Tennessee is home to some of the nation’s premier education researchers, making its classrooms laboratories for new ideas about pre-K, school turnaround, and literacy instruction, just to name a few. And at the legislature, more lobbyists are devoted to education than to most any other cause. A lot of eyes are on Tennessee schools.

3. The education community is not as divided as it looks.

During the course of just a few years, I watched state lawmakers change their positions on accountability and school vouchers. I witnessed “anti-charter” activists praise charter leaders for their work. I chronicled task force meetings where state leaders who were committed to standardized testing found middle ground with classroom educators concerned that it’s gone too far. In short, a lot of people listened to each other and changed their minds. Watching such consensus-building reminded me that, while there are no simple debates about education, there is a widespread commitment to making it better.

4. Money matters.

Even when stories don’t seem to be about money, they usually are. How much money is being spent on testing, teacher salaries, school discipline reform? How much should be available for wraparound services? Why do some schools have more money than others? Is there enough to go around? Tennessee leaders have steadily upped public education spending, but the state still invests less than most other states, and the disparities among districts are gaping. That’s why more than a handful of school districts are battling with the state in court. Conversations about money are inextricable from conversations about improving schools.

5. Race is a significant education issue, but few leaders are willing to have that conversation.

More than 60 years after Brown v. Board of Education, Tennessee’s schools are largely racially segregated. Yet most policymakers tread lightly, if ever, into conversations about achieving real racial integration. And in many cases — such as a 2011 law enabling mostly white suburban Shelby County towns to secede from the mostly black Memphis district — they’ve actually gone backwards. Then there’s the achievement data. The annual release of test scores unleashes a flurry of conversation around the racial achievement gap. But the other 11 months of the year, I heard little about whether state and local policies are closing those gaps — or contributing to them — or the historical reasons why the gaps exist in the first place. To be sure, state leadership is trying to address some of Tennessee’s shortcomings. For example, the State Department of Education has launched modestly funded initiatives to recruit more teachers of color. But often, race and racism are the elephants in the room.

6. Still, there’s lots to celebrate.

If there were unlimited hours in the day, I could have written thousands of stories about what’s going right in public education. Every day, I received story ideas about collaborations with NASA in Oak Ridge, high school trips to Europe from Memphis, gourmet school lunches in Tullahoma, and learning partnerships with the Nashville Zoo. Even in schools with the steepest challenges, they were stories that inspire happiness and hope. They certainly inspired me.

Grace Tatter graduated from public schools in Winston-Salem, N.C., and received her bachelor’s degree in history from the University of North Carolina. She’s now pursuing a master’s degree in specialized studies at the Harvard Graduate School of Education.