Time To Bring On The Dancing Bears

“Having learned to write news, I now distrust newspapers as a source of information, and I am often surprised by historians who take them as primary source for knowing what really happened. I think newspapers should be read for information about how contemporaries construed events, rather than for reliable knowledge of events themselves.”
― Robert Darnton, The Case for Books: Past, Present, and Future

I feel I would be remiss if I didn't craft a bit of a eulogy for the past week in the Tennessee State General Assembly. Especially seeing that it's likely to be the sanest week we see for the next two months.

This week legislators talked about banning cell phones in schools, vaccines in vegetables, and not allowing fellow legislators who've been kicked out reentry. Taking cold beer away was the week before, but subject to discussion, this week were bills designed to curb public protests, move back the age required to enter kindergarten, and one that would allow the Tennessee Department of Tourism to keep secrets from the public.

Hell, we haven't even mentioned the flags in the classroom bill that with every advancement adds another carveout for a permissible flag. It's looking like by the time it hits the House floor it'll only include restrictions on one flag. I leave that to you to decipher.

As I review the week in the legislature, I have to keep reminding myself - Tennessee is ruled by a Republican supermajority.

There was a time, not too long ago, when the Republicans were the party of small government and local control. Not this year.

Out one side of their mouth, they argue that parents are the best arbitrators of their children's education, with the other they argue for laws that restrict the age parents can start their children's schooling, with no exceptions.

Nationally, Republicans argue that the Department of Education should be dissolved, while in Tennessee we craft laws that strictly tell schools what they can teach, when to teach it, and how to teach it. We go on to tell schools what to measure, how to measure, and what those measurements mean. In other words, we've made it impossible for the state's public education system to operate without the Department of Education.

And what does all that bureaucracy produce? A bigger government footprint.

That footprint is going to get even bigger if legislative efforts in the coming weeks are even remotely successful. Because it's voucher time in Tennessee.

Over the last four months - has it really been that long - Tennesseans and out-of-state interests - yes I'm talking about you Corey DeAngelis - have been engaged in a heated battle over Governor Lee's desire to bring Education Freedom Accounts to fruition.

Up until now, it's been a purely philosophical argument, as there has not been any official bill filed. That began to change this past week, but in typical Governor Lee fashion, we are not debating one bill, but rather three.

I'm not quite sure how you craft laws with a common vision out of three views that share little in common. 

On Wednesday the Senate released its bill (SB2787 (013336)). Not a lot of bells and whistles in this one. It allows students to attend any school outside of their zone, offers limited testing on students who attend a private school, and uses Tennessee's current school funding model (TISA) to pay for the program.

Senate Education Committee Chair Senator Jon Lundberg (R-Bristol) makes it clear that this bill isn't just about enriching private schools.

"We want open enrollment so you can transfer anywhere,” Lundberg said. “It’s not just for private schools. The funding follows the student.”

Under current policy, districts can accept students from neighboring districts but don't receive state funding until after the first year. The Senate version would change that. 

The Senate offers some accountability factors for students enrolled in a private school but stops short of full accountability.

It requires recipients in grades 3-11 to be annually administered a normed reference test approved by the State Board of Education. What we are talking about here is one of the state's seven approved screeners. This is just for scholarship recipients and not all private school students. 

I think we are missing an opportunity here. If we are truly looking to make data-influenced decisions. Testing everyone would give a real-time analysis of performance between private and public entities. I mean, if we are truly looking to provide the best opportunity for students, how do we do that sans the collection of comparative data? 

Collecting the voucher students' data may give us an indication of their performance, but gives no context.

Say their performance grows by 6 points, is that good news if the rest of the school is still performing at a level 15 points above them and growing 7 points annually? 

Gotta ask ourselves, are we in pursuit of actual accountability, or merely its perception?

Over the last three months, I've heard politicians repeatedly argue that parental opinions are the ultimate measure of success. If that's the case, and we are adding unlimited options, why are we testing anybody? Why not just let parents decide if they want to go wherever they choose, and let results determine effectiveness?

I suspect it's because the general public has concerns about the prudent usage of public funds, and wants to know that their tax dollars are being used effectively. Parents make up a minority of the public, so they don't get the final say. 

Ultimately this all comes down to the argument over whether education is a tool for personal enrichment or is a public good.

You don't drive on every road in the state, but you still have an interest in them being well-maintained. Roads may make it possible for businesses to make a higher profit, but the public is equally dependent on them for services. 

Yes, we all want students to succeed, but the public also needs to benefit from their success. I'm not sure where any current voucher bill addresses the public benefit. 

 As these things go, the Senate bill is not a terrible proposal, and through its usage of TISA, does not grow government. That's recognition, not endorsement.

The Governor's is...well... the Governor's(014222).

It includes most of what we've been talking about for several months - an additional funding pot, no accountability for private schools, but he does propose a cap on who's eligible. The latter dramatically changes Lee's vision. He's been calling for Universal vouchers, by placing limits on who's eligible, he's made the program non-universal.

Seems that would be important. Corey and his local counterpart Michael Lotfi ain't gonna like it, that's for sure.

Lotfi recently took to Twitter announcing that his organization, the Betsy DeVos-founded American Federation of Children, has a mass mailing hitting Tennessean's mailbox on Monday. The mailer encourages lawmakers to stand with parents, students, and teachers in support of Governor Lee's universal school choice bill.

Which bill are they referencing?

Here's another caveat to keep in mind as the fight unfolds. 

There is concern by legislators that the usage of TISA for funding vouchers would open the door to undocumented immigrants receiving a voucher. That concern is addressed in language included in the State Senate's version:

The department shall develop a scholarship application form that requires an

applicant to indicate by checking a box on the application form whether the eligible student possesses a valid social security number. An eligible student is not required to possess a valid social security number in order to receive a scholarship under this part, but an applicant's failure to indicate the eligible student's possession of a valid social security number may result in such information being reported to the United States department of homeland security or to the internal revenue service.

Pretty clear, no?

The House's version of the Education Freedom Bill has yet to make its official debut but is expected to be unveiled this coming week. 

The House is employing a different strategy for bringing a new voucher program to Tennessee. Their intent is to bury the program amidst a lengthy lift of enticing education reforms.

It's smart, but whether it can be effectively employed within the limited timeline available is questionable. 

Out of respect for House members, who to their credit, have worked very hard on this bill, I won't reveal what's being proposed at this time. Suffice it to say, there is a lot of potential good in this proposed bill. It really would be robust education reform if passed. 

Still, questions remain. 

If everybody recognizes that the additional reforms are beneficial to all, why are we not passing them sans any voucher legislation?

The proposed additional elements ain't going to be cheap, can Tennessee afford them at this juncture and sustain them through the future? 

Is there enough spoonfuls of sugar in the medicine to make it go down? 

House leadership has said that they are tweaking the final language of this bill before releasing it. Reportedly they want to make sure it is right, before filing. 

What I suspect they are actually doing, is traveling the state, and sharing the plan with select groups to garner support before introduction. Nobody wants a repeat of the last effort, that ended in indictments and lawsuits. 

Unfortunately for Lee, his legacy is one framed more by the actions of the courts, than his own. 

Some farmers breed cattle and horses. Tennessee's farmer who serves as Governor breeds lawsuits similarly. 

Typically, bills in the House and Senate are similar in introduction. The goal is to pass bills as cleanly as possible, thus simplifying reconciliation between the House and Senate upon passage from each body. In this case, that's going to prove a very difficult proposition and there remains a possibility of the bill failing to become law despite passage in both the House and the Senate. 

I think there is some fear among stakeholders, that the bells and whistles will allow passage of the House bill, only to have it stricken from the final bill by the Senate. 

The other risk here is that if the voucher bail fails, are House lawmakers still on the hook for the enticements? If you recognize the amendments as being important when linked to a voucher program, they must retain that importance when separated. 

That's a sticky wicket. 

 At the end of next week, we'll know more than we do this week, but the full picture will only just be emerging. 

Bring on the dancing bears. 

 - - -

As always, I need to rattle the cup a little bit before I head out the door.

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