A tale of two bills

One is not like the other: Memphis is the difference in competing school voucher bills

PHOTO: Marta W. Aldrich
State Rep. Bill Dunn of Knoxville looks straight ahead after tabling his voucher bill in 2016.

Two school tuition voucher bills are poised to make their way through the Tennessee legislature this year, the key difference being that one applies only to Memphis.

And those geographic boundaries rankle many voucher opponents and advocates alike. 

A bill authored by Sen. Brian Kelsey, a Republican from the Memphis suburb of Germantown, limits its scope to districts with at least 30 schools in the bottom 5 percent. The only district that qualifies is Shelby County, home to the state’s largest public school system.

The bill sponsored by Rep. Bill Dunn, a Republican from Knoxville, applies to any district with schools in the bottom 5 percent. Right now, those include Shelby County, Metropolitan Nashville, Hamilton County, Knox County and Jackson-Madison public schools.

“Forty percent of all education legislation seems to be about Shelby County Schools,” said Rep. Roger Kane, who last year co-sponsored Dunn’s voucher bill. “That’s wrong.”

Rep. Antonio Parkinson, a Memphis Democrat, disagrees with Kane on vouchers, but agrees that the legislation shouldn’t target only Memphis.

“The fact that they singled Memphis out is honestly an insult,” he said of Kelsey’s bill. “There are schools and children that may not be performing to the extent that they should be in every county in Tennessee; in Knox County, Hamilton, Nashville and Shelby. … If you’re going to do something like (vouchers), be fair and do it statewide.”

Dunn’s proposal, filed on Wednesday, is nearly identical to the one that last year made it further than any voucher bill ever introduced in the House. The legislation originally came out of a task force spearheaded by Gov. Bill Haslam. Last year, Dunn pulled the bill before it came to a vote on the House floor, but only after it was amended so that Memphis would serve as the pilot for the program.

Dunn said Wednesday that it’s important that the bill isn’t limited to one district. “My bill would help more children,” he said.

Similarly, Kelsey’s bill does not limit vouchers to Memphis in perpetuity, but uses the city as an experiment.

Sen. Reginald Tate, a Memphis Democrat and Kelsey’s co-sponsor, said his home city isn’t being unfairly singled out.

“It’s not necessarily that I’m in support of (vouchers), but I don’t see a reason to block it. … I don’t even think we have enough (private school) seats for it to make much of a difference,” he said. “I know people say, ‘Hey, we’re the guinea pigs, we’re the freckle-faced child; you make us try everything…’ but I don’t think it’s going to be that detrimental at all. I’m not picking on Shelby County.”

Vouchers are taxpayer-backed scholarships that parents could use to send their kids to private school.

Proponents say vouchers drive competition, and that competition makes all schools better and increase student achievement. They argue that anything would be better than the current options for students who attend Tennessee’s lowest-performing schools.

Opponents say there’s no guarantee that a private school accepting a voucher would be of better quality than a public school, especially since private schools are less regulated.

Gearing up for Tennessee’s voucher fight? Here are eight stories to read.

She's here!

Betsy DeVos tours school during her first Tennessee visit as education chief

PHOTO: Marta W. Aldrich
Secretary of Education Betsy DeVos talks with students during a tour of career and technical education programs at Oakland High School in Murfreesboro, Tennessee.

In her first official stop in Tennessee as secretary of education, Betsy DeVos praised career and technical education at a traditional public school, but also put in a good word for vouchers in a state that has consistently eschewed them.

DeVos visited Oakland High School in Murfreesboro, a fast-growing university town south of Nashville, and spoke with students taking classes in health sciences, automotive technology and mechatronics.

PHOTO: Marta W. Aldrich

She lauded the school for “addressing individual students’ needs and aptitudes and helping them to prepare for their adulthood very early on” — in partnership with regional industries that are heavy on healthcare and automobile production.

But even as she praised instruction happening at Oakland, DeVos encouraged Tennessee lawmakers to approve a voucher program. Vouchers would allow parents to use public funding to send their children to private schools, despite recent studies showing that student achievement dropped, at least initially, for students making that leap in Louisiana, Indiana, Ohio and Washington, D.C.

“I think empowering parents to make the right decision for their children is important, no matter what state and no matter what community,” she told reporters when asked about Tennessee’s perennial tug-of-war over vouchers. “We have far too many students today that are stuck in schools that are not working for them and parents that don’t have the opportunity to make a different decision.”

Since becoming the nation’s education chief in February under President Donald Trump, DeVos has been tasked mainly with overseeing the new federal education law that shifts most decision-making back to states. With her diminished authority, she is using her position as a bully pulpit to promote policies that she favors, including expanding school choices for families. She is a big proponent of charter and virtual schools and using vouchers or tax credits to go to private or church-run schools.

While Tennessee has more than a hundred charter schools and a few virtual schools, its legislature has consistently shied away from vouchers. Lawmakers will take up the matter again in January with a proposal that would pilot a program in Memphis, home to a large concentration of low-performing schools that local and state initiatives are attempting to turn around.

At least one longtime voucher proponent told Chalkbeat that the prognosis isn’t good for passage in 2018 in the House of Representatives, where the proposals have stalled each year.

“I would hope that the politicians would put the kids first, but kids don’t vote. Public school employees do, so I’m not as optimistic,” said Rep. Bill Dunn, a Knoxville Republican who has sponsored voucher legislation in the past.

One reason might be districts like Rutherford County Schools, where DeVos visited on Wednesday. Last spring, school board members there urged their representatives to oppose vouchers through a resolution that says vouchers “hurt the free public education system, divert limited state education dollars to private interests, and have been shown to hurt the academic progress of students.”

DeVos came to Tennessee in conjunction with the National Summit on Education Reform, which kicks off on Thursday in Nashville. The annual event is hosted by her friend Jeb Bush, the former governor of Florida. DeVos will deliver a keynote address.

About 1,100 education leaders and influencers from across the nation are scheduled to attend the summit and — as has happened frequently when DeVos comes to a city  — several teachers unions are planning a protest against what they call her “anti-public education agenda.” DeVos was among the most controversial picks for Trump’s cabinet, in part because the Michigan billionaire came to the job with little experience with public schools.

PHOTO: Marta W. Aldrich
DeVos talks with health science students at Oakland.

At Oakland High School, the faculty, students and administrators who showed DeVos around said they hoped she came away from their campus with a greater appreciation for what goes on there.

“We’re public education, and we do it right,” said principal Bill Spurlock.

Brianna Bivins, a junior, added that she doubts a private school could offer the health sciences classes that she takes at Oakland. “It’s good for her to see this kind of class,” she said of DeVos. “It gives a good perspective of our public schools.”

post mortem

Before voucher legislation comes back in 2018, Tennessee lawmakers want a plan to determine whether vouchers work

PHOTO: Dylan Peers McCoy
Students eat lunch at the Oaks Academy Middle School, a private Christian school in Indiana that accepts taxpayer funded vouchers. All students at the private school must take Indiana's state tests. Whether Tennessee should have a similar requirement in its voucher proposal is up for debate.

While Tennessee lawmakers will go home this year without passing school vouchers into law, they’re not leaving the idea behind.

In the coming months, lawmakers who backed the proposal to start a five-year pilot program in Memphis will fine-tune it. One goal: clearing up questions about what kind of tests students need to take so lawmakers can determine if the program is “working.”

“The thing I want to have clarity on is … the language in regard to accountability,” said the House sponsor Harry Brooks, a Knoxville Republican, after he announced that he was pushing pause on vouchers for the year.

“How do we create accountability on the money that’s being spent in private schools? I’ve had a request from folks on different sides of the issue to say we need to look at that.”

Vouchers have never been an easy sell in Tennessee, with legislation falling short nearly every year since 2010. But it came close in 2016, with one of the bill’s sponsors estimating that he was only two votes shy of getting it passed. This year’s sponsors tweaked the bill to be a targeted pilot in hopes of making it more palatable to lawmakers on the fence.

But a lengthy battle over a new gas tax delayed the voucher vote, giving advocates less time to decide how to assess whether the vouchers help students — an important question because the proposal would create only a five-year pilot that lawmakers would expand depending on the results.

Many private schools are wary of state tests, which they say do not match up with their academic standards. And some lawmakers feared such a requirement would cause the standardization of private schools — something that appears to have happened in Indiana, where private schools that accept vouchers must test all students.

Brooks said that in his mind, state testing in grades 3-8 is a done deal — even though the bill was amended to remove the state testing requirement for all grades shortly before he pushed pause on the proposal until next year.

End-of-course testing for high school students is another story, he said. Private schools often have different graduation requirements and course offerings than public high schools, which come with different material to be tested. Brooks said he and other lawmakers would look into whether high schools that accept vouchers should be exempt from a testing requirement — and what, if anything, should replace tests to measure students’ success.

Tennessee’s voucher proponents think they can overcome those barriers before they pick up the voucher debate next year, hashing out a policy that appeals to private schools while appeasing lawmakers hungry for data.

“People want to see students go to these schools and do well,” said Mendell Grinter, the director for the pro-voucher advocacy group Campaign for School Equity. He said the bill will be helped by having hard conversations around testing in the offseason, rather than the crunch of the legislation session.

Other states have negotiated this terrain successfully. Two of the country’s largest and most recent programs, in Indiana and Louisiana, require private schools to publicly post state test scores. And the country’s oldest voucher programs, in Ohio and Wisconsin, have moved toward more accountability, both without losing private schools along the way.
<

Graphic includes voucher programs targeted at low-income students. It excludes programs for students with disabilities or rural students without public school access. Data: National Conference of State Legislatures. Graphic by: Sarah Glen/Chalkbeat
Graphic includes voucher programs targeted at low-income students. It excludes programs for students with disabilities or rural students without public school access. Data: National Conference of State Legislatures. Graphic by: Sarah Glen/Chalkbeat

“It’s hard at a time when traditional schools and charter schools are held accountable in such a visible way to make the argument that private schools getting public dollars shouldn’t have to,” said Michael Petrilli, president of the pro-voucher Thomas B. Fordham Institute. “I think we’re going to continue to see that in voucher programs.”

As states overhaul their accountability systems for public schools to include more measures than just test scores, a requirement under the new federal education law, lawmakers could consider doing the same for private schools in Tennessee.

“A pilot program with a rigorous evaluation makes a lot of sense,” said Douglas Harris, a researcher at the Education Research Alliance for New Orleans, who studied Louisiana’s voucher program and found that students using vouchers scored far below their public school peers on state tests. “Using multiple measures makes even more sense.”

But Harris cautioned against letting schools choose their own tests, something that schools in Florida are allowed to do as long as the tests are nationally normed. Some Tennessee voucher advocates, including Brian Kelsey, the Senate sponsor, have pointed to that model as offering accountability while preserving flexibility for private schools, but Harris said that it’s hard to draw meaningful conclusions from a smorgasbord of tests.

If Tennessee does figure out how to craft a pilot, a full-blown, statewide voucher program could easily follow. That’s what happened in Louisiana, which started with a pilot in New Orleans; Ohio, which started out with a smaller program in Cleveland; and Wisconsin, which started out with vouchers only in Milwaukee.

Brooks says Tennessee lawmakers wouldn’t allow vouchers statewide if they don’t succeed in Memphis — and that’s why it’s important to figure out how to measure outcomes.

“If it doesn’t work, then it answers the question,” he said. “It’s why it’s called a pilot.”