Archives for category: Education Reform

Paul Waldman of the Washington Post chalks it up to sexism, although it’s possible that there was not enough space for two progressives in the race. I met Senator Warren about five years ago and we spent half an hour talking. She listened, which is rare. I thought she was the smartest elected official I had ever met.

He writes:

Is it enough, as a presidential candidate, to have smarts and charisma, to have a clear and concise message, to even be the best debater, and most of all to be the best prepared to do the job effectively?

No, it is not. Which is why so often during this primary campaign, we’ve heard supporters of Elizabeth Warren ask plaintively, “Hey, what if we got behind the person who’d actually be the best president? Why not do that?”

They asked because the number of voters willing to do that was not what it might have been, which is why Warren has announced that she’s ending her bid for the White House.

There is a temptation to say the presidential primary process is brutal and unsparing but ultimately fair. It tests you in the way no other campaign can. If you don’t win, it’s because you didn’t have what it takes. Lots of it may be out of your control, but if you were a once-in-a-generation talent like Bill Clinton or Barack Obama, you could have overcome any obstacle cast before you. Nobody deserves the nomination; either you win it or you don’t.

Which is true as far as it goes. But we can’t consider Warren’s candidacy without seeing sexism, both in fact and in perception, for the hindrance it was for her.

To be clear, sexism isn’t the only reason Warren will not be the Democratic nominee. There are many reasons. She had a few stumbles along the way, as every campaign does. There were some decisions she could have made differently.

But her campaign and the particular way it failed tell us a lot about how gender operates in presidential politics.

Let’s consider that Joe Biden is the likeliest candidate to be the Democratic nominee, despite the fact that he has run an absolutely abysmal campaign and is so erratic that sympathetic Democrats regularly tell one another, “I saw Biden give an interview, and he was completely coherent!” as though they were praising a toddler. Biden won a sweeping victory on Super Tuesday even in states where he did not campaign for a single day or have an organization. There has never in my lifetime been a winning presidential campaign that was so weak on so many dimensions.

And yet Biden is cruising toward the nomination. Why?

Because of a collective decision among a significant portion of the Democratic electorate that he is “electable,” i.e., that other people will find him inoffensive enough to vote for. As Michelle Cottle noted, one poll last year asked Democrats who they were supporting, and Biden was in the lead; when they asked who they’d rather see as president if they could wave a magic wand, Warren was in front.

You’ve probably heard that again and again: Voters saying Warren is the one they liked the best, but because they didn’t think she was electable, they were supporting someone else, most often Biden.

That perception didn’t just come of nowhere. Yes, people might be thinking of their sexist uncle or their “traditional” parents, but they also heard it again and again from the media, creating a self-reinforcing loop.

Sure, Warren can put policy issues into terms people can understand like no other candidate; sure, she has thought more seriously about the powers of the government than anyone else; sure, her anti-corruption message resonates with all kinds of voters. But she just can’t win.

Then there are all the people who said they didn’t like Warren but couldn’t quite put their finger on why. Maybe it was her voice, or that she seemed too aggressive, or that she wasn’t “authentic” enough. Not because she’s a woman, though! I’d support a woman, I would! Just not her.

He has more to say about why Warren didn’t make it. But the point is clear. This country may someday elect a woman as president. But not yet.

Back in 2000, when George W. Bush was running for President, he tales up the (nonexistent) Texas Miracle and said there was a simple answer to solving the problems of Educatuon, raising test scores and graduation rates, and closing achievement gaps. Easy-Peasy. Test every child every years from grades 3-8. Publish the scores. Reward schools that raise scores. Humiliate those that don’t. The secre: High expectations! So No Child Left Behind mandated that every child would be proficient by 2014. An absurd goal, and district or state met it. Probably every school in the nation should have closed.

Peter Greene writes here about appropriate and inappropriate uses of expectations.

Setting impossible goals is actually demotivating.

Educator Jen Mangrum won the Democratic primary for State Superintendent of Education. She had the support of the state’s biggest teacher associations, and she won the endorsement of the Network for Public Education Action.

Jen is a native of North Carolina whose parents were public school teachers. After graduating college, she taught second and third graders and specialized in early childhood education for 15 years. She earned graduate degrees and became a teacher educator.

Distraught with the General Assembly’s disrespect for the state’s teachers, she launched a long shot campaign against the most powerful politician in the state in 2018. She didn’t win but she persisted in fighting to restore respect and dignity to the state’s educators. North Carolina has moreNational Board Certified teachers proportionally than any other state.

Her Republican opponent, Catherine Truitt, was an advisor to Governor McCrory, who led the attacks on teachers and introduced charters and vouchers. She is now leader of an online university.

NPE Action is proud to have endorsed Jen and wish her well in her November race. We hope every public school parent and teacher will help her. She can lead the charge to revive the Tarheel State’s reputation for educational leadership.

Keith E. Benson is president of the Camden (New Jersey) Education Association. In his view, the underlying goal of the charter industry is gentrification, and he worries about its long-term implications for his community and its families.

He writes:

Admittedly [my] fight for Camden’s public schools is personal. Both my grandmothers were teachers, numerous aunts, and two of my uncles were employees of the District where I, myself, taught before becoming president of the city’s teacher union in 2017. My daughter goes to school here and has since she was three. My wife went to school here until her freshman year of high school, and she grew up here. We all live here now. Because of such deep and intimate connections I have with this public school district and city, anything that threatens the sustainability is triggering.

The planned dismantling of our public-school system coupled with a massive redevelopment effort dubbed “Camden Rising”, reduces merely existing here in the future to a tenuous proposition for many working class and poor residents. For generations of Camden’s current residents, and new arrivals here from Latin America, this city is one of the last affordable places in New Jersey folks can reside. Redevelopment after all, is not singularly about buildings and urban spaces, but also demographics. Municipal redevelopment always has a human cost; and those often left footing the bill through rising rents and displacement are typically those who can least afford it.

The deliberate dismantling of urban school districts as witnessed in Chicago, Philadelphia , Atlanta, Newark, NYC and other urban localities is central to remaking cities and courting new potential residents. As covered in Education Reform and Gentrification in the Age of #CamdenRising, what is taking place in Camden now, is no different than what we’ve seen unfold across America. If places that were once affordable for the impoverished and working class, cease to be affordable, what happens to them? Where do they go? How do they fare? As such I have developed a disdain for anything that threatens the tenuous sense of tranquility and order those at the margins may have – with residential housing, and the right to exist in their domicile being central to that sense of order. As such, I recognize the dismantling of urban school systems as more than simply a takeover of buildings and upending of staff, but as central to neoliberal cities’ efforts to separate from vulnerable populations they deem undesirable.

Which brings me to Reason Number 1 as to the Problems I have with the Education Reform Community: Their Committed Ignorance that Urban Education Reform aka “School Choice”, through Dismantling Public Schools is More Subversive than Simply Improving Educational Trajectories for Students of Color.

To be clear, I am making a distinction between parents who send their children to charter schools, and the platformed (Black) Education Reform Proponents. I recognize that parents in many cases are trying to do what they believe is best aligned with their living situation, and for their child. This critique is NOT for them. (In fact, to be clear, it is my position that it is a parent’s responsibility to do what they deem best for their child, including deciding what school is a good fit for them.)

The Education Reform establishment however, refuses speak to, and remains unconcerned about, the connection between low income housing, rental rates and the dismantling of urban public schools low income housing, rental rates and the dismantling of urban public schools. Worse yet, while occupying ample space on the internet, social media, and in top newspaper’s Op/Ed columns, they also never make such connections known to the largely ignorant (and trusting) public while advocating for the destruction of urban schools; never mention the connection between real estate prices and the establishing of charter schools; and never mention how the existence of urban schools labeled “failing” frustrates development in keeping rent and taxes low, while keeping potential gentrifiers out. In Reformers’ advocacy, urban schools have no connection to neighborhood affordability worth mentioning, future availability of affordable housing for students and their parents. As such, they have actively chosen to keep their focus on the “quality schools” talking point. They are willfully deceptive, or negligently myopic in focusing solely on schools as if students’ output is not impacted by the housing uncertainty which initiates greater student mobility, family transience, and increasing student homelessness. increasing student homelessness.

It is my contention that if Education Reformers really cared about school quality, they’d recognize that schools are indicators of larger urban policy priorities. Schools are building charged with educating observant children who arrive with experiences and awareness that may not prioritize learning content as their first concern. Afterall, what is more fundamental to anyone’s sense of security and normalcy than their right to a secure space to sleep and call “home”? My suspicion is not that allies of the reform movement aren’t aware of this, it’s that they don’t care because all along, it was never really about the kids and their learning in the first place.

Thomas Ultican is a retired teacher of physics and advanced mathematics who has developed a passionate interest in the inner workings of the Privatization and Disruption Movement (also known as the Destroy Public Education Movement).

This is his account of the new and very well-funded plaything of the Billionaire Boys (and Girls) Club: the City Fund.

It sees itself as part of a movement, but it is not. It is merely a hobby for those who have so much money that they can”t find useful things to do with it, like feed the hungry, fight for a higher minimum wage, create health clinics for children and families, or even restore the arts and libraries in schools that have lost them to budget cuts.

There are a few things you need to know about this “movement.” It is a movement of the elite, the super-rich, the powerful. It has no troops, just well-paid minions. As long as the money keeps flowing, there will be takers, ready to sign on to the job of destroying democratically governed public schools and replacing them with privately managed schools. There is so much money available to them from billionaires like Reed Hastings and John Arnold that they can flood local school board elections with more cash than any of the other candidates and put anti-public school candidates on the board of the district.

The City Fund uses billionaire cash to undermine democracy. It does nothing to alleviate poverty or reduce segregation. Such things are not important to them, other than dreaming that changes in the ownership of schools from public to private will someday, somehow reduce poverty.

Here is the other interesting fact about the staff of the City Fund. Nothing they have done has ever improved education. All of their endeavors have failed. They exist to disrupt and destroy communities and their attachment to their local public schools. As one surveys the disaster of the Tennessee “Achievement School District,” the pathetic results of the New Orleans all-charter district (where nearly half the charters are failing schools), one wonders why the billionaires pay them to sow more chaos. The billionaires sit back and watch the fun from afar.

Ultican has created a sociogram of the main actors. None of them can point to a district that has “closed the achievement gap.” None of them can point to a success story that vaulted an entire district to the peak of excellence. Yet there they are, sitting on hundreds of millions of dollars, primed to impose their will on the people and deprive them of their right to elect their representatives.

How long will the billionaires continue to fund failure?

There is something in the City Fund that is strangely detached from the lives of children and families, something completely indifferent to the importance of communities, something soulless in the work they do to rearrange the lives of other people. It as though they are looking at cities where they never lived from a height of 30,000 feet, deciding the fate of people they never met, people who are not on the payroll of billionaires.

They exist in a luxurious, air-conditioned bubble, remote from the cares of families who worry about feeding their children, paying their rent or mortgage, having a decent job, planning for the future.

They are the outsiders who land in a community to tear it apart, then exit to do the same to another community.

Strange what some people will do for money, a lot of money. Power is intoxicating. So is money.

As every reader of this blog knows, Mercedes Schneider is a relentless, dogged, and accurate researcher. She has the skills to dig through IRS reports and other online data that connect the dots and reveal how big money and Dark Money are controlling organizations and elections, thus endangering our democracy. In addition to teaching high school English in Louisiana, she has a doctorate in research methods and statistics. She’s good at taking a complicated subject and teaching it.

In 2018, Mercedes was invited to do a workshop at the annual conference of the Network for Public Education in Indianapolis with Andrea Gabor and Darcie Cimarusti about digging for data. The session was packed.

So many people wanted to learn more that Mercedes decided to write a book sharing her knowledge.

This is the book, published by Garn Press.

Mercedes announced the book.

My latest book, A Practical Guide to Digital Research: Getting the Facts and Rejecting the Lies, is now available for purchase on Amazon.

Garn Press will have the book available for purchase on March 03, 2020.

About the book:

In A Practical Guide to Digital Research, Schneider draws on her years of experience as an educational researcher to offer an easy-to-read, easy-to-digest, concise tutorial for equipping both novice and more experienced researchers in navigating numerous research sources. These include nonprofit tax form search engines, newspaper archives, social media sites, internet archives, campaign filings/ethics disclosures, teaching credential search engines, and legal filings. Also covered are tips on conducting both email and in-person interviews, filing public records requests, and conducting pointed, fruitful Google searches.This powerful, practical text is built upon a foundation of actual examples from Schneider’s own research in education—examples that she dissects and explains as a means of teaching her readers how to effectively make these valuable lessons their own. Though Schneider’s own research is chiefly in the education reform arena, the resources, skills and techniques offered in A Practical Guide to Digital Research transcend any single research field and are indispensable for confronting a variety of research queries. Useful as a classroom text or for independent research study, the book provides foundational learning for those new to research investigation as well as surprising, valuable lessons for more experienced researchers challenging themselves to learn even more.

For those interested, Amazon allows readers to view the book, including its table of contents.

The the idea for this book stems from a presentation I participated in with colleagues Andres Gabor and Darcie Cimarusti on tracking the funding related to the promotion of market-based education reform titled, “Where Did All This Money Come From??: Locating and Following the Dark Money Trail” at the 2018 Network for Public Education (NPE) conference in Indianapolis.

I know you will love this book. I predict that Bill Gates, John Arnold, Betsy DeVos and Charles Koch will not.

And a reminder: there are still a few openings at the 2020 annual conference of the Network for Public Education in Philadelphia on March 28-29. It will be at the Doubletree Hilton.It is a great opportunity to meet your allies from a rossthe nation. Please register now!

A relatively new corporate reform group—the City Fund—acts as a pass-through for billionaires Reed Hastings (Netflix) and John Arnold (ex-Enron). The staff consists of six or seven (or more) veterans of the privatization movement. It opened its operations with $200 million in pledges from its billionaire funders. It has staff but no members. Its mission is to push the “portfolio district” (i.e., more charter schools) in designated cities. In short, the City Fund was designed to advance the goals of its billionaire funders, who have no relationship to the cities whose schools they want to disrupt. Grassroots groups in every city and state can only dream about what they could do if they had even $1 million in the bank.

One of the staff, Chris Barbic, started a charter chain in Houston (YES Prep), then became leader of the disastrous Achievement School District in Tennessee; he promised to lift the state’s lowest performing schools into the ranks of its highest performing in only five years by handing them over to charter operators. The ASD burned through $100 million in Race to the Top and failed to turn any of its takeover schools into a high-performing school. If anything, it proved that turning low-performing schools over to charter operators doesn’t produce change.

Another staffer, Neerav Kingsland, is a law school graduate and a Broadie who was CEO of New Schools for New Orleans. After Hurricane Katrina, New Orleans eliminated the teachers’ union and eventually eliminated every public school. The 2019 state report card rated 49% of the schools as D or F schools. The students in the lowest performing schools are almost all black. Hardly a success story.

Matt Barnum writes in Chalkbeat that the City Fund has dispensed over $100 million to help achieve its funders’ goal of detaching schools from elected school boards.

The newest major player in school reform has already issued more than $110 million in grants to support the growth of charter and charter-like schools across the U.S.

The City Fund’s spending, detailed on a new website, means the organization has quickly become one of the country’s largest K-12 education grantmakers. The money has gone to organizations in more than a dozen cities, including Atlanta, Baton Rouge, Denver, Memphis, and Oakland.

The spending is evidence that The City Fund’s brand of school reform continues to attract major financial support — and may foretell more battles over education politics in those cities…

The City Fund’s strategy is to grow the number of schools, including charters, run by nonprofits rather than traditional school boards. Advocates say that shift will help low-income students of color, pointing to academic improvements in virtually all-charter New Orleans as one example. Critics argue that strategy undermines teachers unions, democratically elected school boards, and existing public schools.

Overall, The City Fund says it has raised $225 million, largely from Netflix founder Reed Hastings and Texas philanthropist John Arnold. (Chalkbeat is funded by Arnold Ventures.) The organization has also created a political arm, Public School Allies, which has raised $15 million from Hastings and Arnold to support officials vying for state and local office.

The funders of the City Fund think that democratically elected school boards are the biggest obstacle to school reform. They like charter schools and stake takeovers. The fact that they have zero evidence that their strategies improve education doesn’t stop them, as long as the money keeps flowing. Unless you are impressed by a district, New Orleans, where half the schools are rated D or F.

John Thompson is a historian and a retired teacher in Oklahoma. This article appeared originally in the Oklahoma Observer.

How the Billionaire Boys Club Ravaged America’s Public Schools

SLAYING GOLIATH The Passionate Resistance To Privatization And The Right to Save America’s Public Schools

Diane Ravitch started writing Slaying Goliath: The Passionate Resistance to Privatization and the Fight to Save America’s Public Schools in 2018 as teachers strikes erupted across the nation. These walkouts began in Red states where conservative legislatures drastically cut funding to under-resourced schools. Even in the places with the lowest salaries, like Oklahoma, educators were motivated by terrible working conditions that meant awful learning environments for students.

It wasn’t just the lack of money, and the resulting damage done by huge class sizes, a lack of textbooks, and neglected buildings, that motivated teachers. They also were resisting the disruption caused by corporate school reform, and the damage it had done to their kids. Teachers were sick of teach-to-the-test malpractice, reward and punish cultures and mandates that produce in-one-ear-out-the-other skin-deep instruction. The joy of teaching and learning was being undermined by the privatization of education. Many or most of these teachers put up with “reform” as long as they could before joining the “Resistance.”

Slaying Goliath is the third transformative book written by Ravitch after changing her mind on education policy. Although her academic histories of education had always been more balanced than progressives acknowledged, Ravitch had worked in the Education Department of President George H. W. Bush, and she had served on the board of the conservative Fordham Foundation. In 1992, she went to a briefing with David Kearns, the former Xerox CEO, where the Sandia Report’s findings were explained. Kearns and other reformers were outraged that scholars challenged the alarmism of “A Nation at Risk,” the infamous Reagan-sponsored indictment of public education. They refused to release the report which explained that American schools weren’t failing.

Ravitch recalls the way that education scholars were vilified for revealing that the so-called “crisis in education” was a “politically inspired hoax,” and a “manufactured crisis.” In a passage which exemplifies Ravitch’s candor, she writes about the late Gerald Bracey, “a prolific and outspoken education researcher” who challenged the conventional wisdom that she was then defending. Ravitch then writes, “I personally apologize to him.”

As the No Child Left Behind Act of 2002 started to undermine schooling, Ravitch joined progressive educator Deborah Meier in a dialogue which changed Ravitch and the struggle against data-driven, competition-driven reforms. In 2010, she released the Death and Life of the Great American School System and three years later, she published Reign of Error. Ravitch “renounced” her old views and exposed the “smear campaign” which she presciently described as “privatization.” They funded so-called “transformative” change, designed to drive “bad teachers,” protected by “bad unions,” out of schools.

Ravitch’s talent with words may have been as important as her evidence-based evaluation of the inherent flaws of the technocratic micromanaging known as “reform.” The initial political successes of the reformers where driven by the huge bank accounts funding savage attacks on teachers and school systems. During the height of corporate reform a decade ago, Ravitch’s ability to coin a phrase seemed to be educators’ only means of self-defense. She nailed the issue by identifying “the Billionaires Boys Club” as the sponsors of “corporate reform;” now Ravitch dubs their movement “Goliath.” Her use of the term “privatization” helped us understand that the neoliberal attack, funded by Silicon Valley and Hedge Fund elites, was interrelated with the overall privatization movement which intimidated so many Democrats into retreating from the War on Poverty and other social justice campaigns. (In doing so, she paved the way for excellent work such a OU’s Associate Dean Lawrence Baines’ Privatization of America’s Institutions.)

Now, Ravitch renames both sides of the education wars. The Billionaires tried to claim the word reform, but they never deserved that title. They are “Disrupters.” We who fought them off are the “Resistance.”

Slaying Goliath reviews the failure of NCLB, and how 1990s improvements in student performance as measured by the reliable NAEP assessment slowed and then stopped. Then, Obama era reforms put NCLB’s high stakes testing, cultures of competition, and corruption of test scores and education values on steroids. But most of the book describes the emergence, the struggles and victories of the grassroots Resistance.

During the first decade of the 21st century, the Disrupters won nearly all of their political battles as their micromanaging failed to improve schools. Their testing often turned modern classrooms into sped-up Model T assembly lines, as their behaviorism turned charter schools into weapons for undermining teacher autonomy, due process, and professionalism. During the last decade, Disrupters suffered political and educational defeats as they learned that it is easier to kick down a barn than rebuild it.

However, Ravitch reminds us that the Disrupters are still threatening. She compares today’s danger to that which faced a man who decapitated a rattlesnake but who nearly died after being bitten by the detached head.

Oklahomans should take special interest in the narratives where the snake’s head is still a threat to our schools.

Today, many or most of Goliath’s coalition have become disenchanted with standardized testing, but their Disruption model can’t function without it. Oklahomans should heed the wisdom of reform-minded Paymon Rouhanifard, the former Camden superintendent, who abolished report cards after listening to complaints, and eventually denounced standardized testing.

Rhode Island, where their state superintendent Deborah Gist tried to fire all of the teachers in Central Falls, was an example of students rising up. They staged a “Zombie March, “ and created “Take the Test” for 50 elected officials, architects, scientists, engineers, college professors, reporters, directors of nonprofit organizations, and reporters.” Even with such educated test takers, 60% didn’t score high enough to earn a diploma.

Gist called their protest “deeply irresponsible on the part of the adults” for sending the message that tests don’t matter.

Since philanthropists who still support Gist have also funded “portfolio management,” Oklahomans should read the evidence about that kinder and gentler-sounding recipe for permanent teach-to-the-test and conflict.

Oklahoma philanthropists seem to believe the spin claiming that the New Orleans portfolio model was a success, but even the researchers who support that all-charter district’s prohibitively expensive approach admit that its school quality peaked in 2013.

As Ravitch explains, “A portfolio district is one where the local board (or some entity operating in its stead) acts like a stockbrokerage, holding onto winners (schools with high test scores) and getting rid of losers (schools with low test scores), replacing them with charters.”

As she further explains, these failures are linked to the Disrupters’ infatuation with mass closures of schools. To take one example, Chicago, Ravitch explains how the Chicago Consortium on School Research (CCSR) found “few gains” due to closing schools but “a profound sense of loss: lost schools, lost communities, lost relationships. These were losses that the Disrupters never understood. Test scores were all that mattered to them.” Chicago lost over 200,000 black residents between 2000 and 2016. And the CCSR further explained how they “caused large disruptions without clear benefits for students.”

Whether in Chicago, Tulsa, or Oklahoma City, closures may produce little or no gains, but they will lead to a “period of mourning.” This is one of the many ways reason why Oklahomans should move on from the presumption that disruptive and transformative change made sense. That mindset is another legacy of not seeing “value in bonds among schools, families, and community.”

Whether you call it transformative change or disruption, this mentality was committed to “blind adherence” to the corporate demand for “outputs” that “don’t work for schools for the same reasons they don’t work for families, churches, and other institutions that function primarily on the basis of human interactions, not profits and losses.”

How much has changed in only one week!

A week ago, Biden was counted out and had almost run out of money.

Then came South Carolina, and African American voters picked Biden and turned him into a top contender. Endorsements by Klobuchar, Buttigieg, and Beto quickly buoyed Biden’s campaign.

Michael Bloomberg, the only open supporter of charter schools, was routed, despite spending more than all the other candidates put together. To everyone’s surprise, voters ignored Bloomberg’s effort to outspend everyone else, to open more offices and hire more staff. The nomination was not for sale. He did win America Samoa. But it’s only a matter of time—hours or days—until he drops out. He is no longer a factor. Now let’s see if he follows through with his pledge to support the Democratic nominee and to spend big money to match the Republican money juggernaut.

Trump doesn’t want to face Biden in November. He made that clear when he twisted the arm of the president of Ukraine to dig up dirt on Biden. He appealed publicly to China to find dirt on Biden.

I know that Sanders supports public schools. I hope that Biden doesn’t revive the Obama approach to education. Biden does support unions and recognizes that they built the middle class.

The election is not over. Warren remains but it’s hard to see how she survives after losing her home state. It’s come down to Sanders and Biden. I will gladly support either one.

Some of the nation’s leading civil rights legal teams are supporting parents in Memphis and Metro Nashville who have sued to block the enactment of a voucher bill that applies only to their cash-strapped districts. The bill passed by one vote, after that legislator was promised that his own district would not get vouchers.

CONTACTS:
Ashley Levett, SPLC, ashley.levett@splcenter.org / 334-296-0084
Sharon Krengel, ELC, skrengel@edlawcenter.org / 973-624-1815, x 24
Lindsay Kee, ACLU-TN, communications@aclu-tn.org / 615-320-7142
Christopher Wood, Robbins Geller, cwood@rgrdlaw.com / 615- 244-2203
Nashville, Tenn., March 2 – Public school parents and community members in Nashville and Memphis today filed suit in the Chancery Court for Davidson County challenging the Tennessee Education Savings Account (ESA) voucher law as an unconstitutional diversion of public education funding to private schools.

In the lawsuit, McEwen v. Lee, the plaintiffs contend that diverting millions of dollars intended for Memphis and Nashville public schools to private schools violates public school students’ rights to the adequate and equitable educational opportunities guaranteed under the Tennessee Constitution. The lawsuit also charges that the voucher law violates the constitution’s “Home Rule” provision, which prohibits the state legislature from passing laws that apply only to certain counties.

The Tennessee voucher program would siphon off over $7,500 per student – or over $375 million in the first five years – from funds appropriated by the General Assembly to maintain and support the Metro Nashville Public Schools (MNPS) and Shelby County (Memphis) Schools, according to the lawsuit. The controversial state law could go into effect as early as the 2020-21 school year.

The voucher law passed by a single vote in May 2019, over the objections of legislators from Shelby and Davidson Counties, as well as others.

If the voucher program is implemented, Metro Nashville Public Schools and Shelby County Schools will lose substantial sums from their already underfunded budgets, resulting in further cuts to educators, support staff, and other essential resources, the lawsuit states.

“We love my daughter’s school, but it is already underfunded,” said Roxanne McEwen, whose child is an MNPS student. “There isn’t enough money for textbooks, technology, to pay teachers, or to keep class sizes down. Taking more money away from our schools is only going to make it worse. I joined this lawsuit because I want to be a voice for my child and for kids who don’t have a voice.”

“I believe that Shelby County Schools do not have enough funding to provide all children with the resources they need to learn. At one of my son’s middle school, they do not offer geometry, and one of my other sons did not have a science teacher for two years in a row,” said Tracy O’Connor, whose four children attend Shelby County Schools. “If the district loses more funds due to the voucher program, I worry that we will lose more guidance counselors, reading specialists and librarians, and there will be more cuts to the foreign language and STEM programs.”

The complaint highlights numerous ways in which private schools receiving public funds are not held to the same standards as Tennessee public schools, in violation of the state constitution’s requirement of a single system of public education. Private schools do not have to adhere to the numerous academic, accountability, and governance standards that public schools must meet. They can discriminate against students on the basis of religion, LGBTQ status, disability, income level, and other characteristics. And they are not required to provide special education services to students with disabilities.

“Public schools are open to all children, while private schools receiving voucher funds are not held to the same standards,” said Nashville mother Terry Jo Bichell. “My son is non-verbal and receives extensive special education and related services in his MNPS school, including being assigned a one-on-one paraprofessional. I do not know of a single private school in the state that would be willing or able to enroll a student like my son. Even if a private school was willing to enroll my son, we would have to waive his right to receive special education.”

The voucher law also violates the Tennessee Constitution’s requirement that the General Assembly appropriate first-year funding for each law it passes. No money was appropriated for the voucher law, and recent hearings have revealed that the Tennessee Department of Education used funds from an unrelated program to pay over $1 million to a private company for administration of the voucher program.

The plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign. PFPS opposes all forms of private school vouchers and works to ensure that public funds are used exclusively to maintain, support and strengthen our nation’s public schools. The plaintiffs are also represented by the ACLU of Tennessee and pro bono by the law firm Robbins Geller Rudman & Dowd LLP

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The Southern Poverty Law Center, based in Alabama with offices in Florida, Georgia, Louisiana, Mississippi, and Washington, D.C., is a nonprofit civil rights organization dedicated to fighting hate and bigotry, and to seeking justice for the most vulnerable members of society. For more information, visit http://www.splcenter.org.

Founded in 1973, Education Law Center is a national leader in advancing the rights of public school students to equal educational opportunity under state and federal law through litigation, policy, advocacy and research. For more information, visit http://www.edlawcenter.org.

The ACLU of Tennessee, the state affiliate of the national American Civil Liberties Union, is a private, non-profit, non-partisan public interest organization dedicated to defending and advancing civil liberties and civil rights through advocacy, coalition-building, litigation, legislative lobbying, community mobilization and public education. For more information, visit http://www.aclu-tn.org.

Robbins Geller Rudman & Dowd LLP is one of the world’s leading complex litigation firms representing plaintiffs in securities fraud, antitrust, corporate mergers and acquisitions, consumer and insurance fraud, multi-district litigation, and whistleblower protection cases. With 200 lawyers in 9 offices, Robbins Geller has obtained many of the largest securities, antitrust, and consumer class action recoveries in history, recovering tens of billions of dollars for victims of fraud and corporate wrongdoing. Robbins Geller attorneys are consistently recognized by courts, professional organizations and the media as leading lawyers in their fields of practice. Visit http://www.rgrdlaw.com/.