Archives for category: Tennessee

Chris Barbic has returned to Tennessee to join its “charter school center.”

Barbic, you may recall, launched the much-lauded Achievement School District in Tennessee, drawing upon $100 million from the state’s $500 million Race to the Top grant. He promised to take over the state’s lowest performing schools, hand them over to charter operators, and propel them into the top 25% of schools in the state, in five years’ time.

After four years, he stepped down due to a heart attack. By the end of year five, none of the schools in the ASD had been vaulted into the top 25% of schools in the state. They all remained mired at the bottom of the state’s list of schools, as measured by test scores. Since Barbic’s departure, the leadership at ASD has changed hands a few times, but the evaluations have not improved. ASD was a flop.

However, the concept was adopted without waiting for results by a few other states, including North Carolina (one school was in its state-controlled version of ASD) and Nevada (no success). Georgia proposed to create a similar district, but it was turned down by voters.

State takeovers have typically failed. Michigan launched its “Education Achievement Authority” several years ago. It was a disaster, and it was closed down.

New Orleans is the original prototype, where all the district’s schools are now operated by charter managers. Despite lots of hype, it is hardly a model. The latest state scores for schools found that almost half the charters in NOLA were rated either D or F. Overall, the district’s test scores were below the state average. The highest performing schools are the most selective. NOLA is a low-performing district in one of the nation’s lowest performing states (on NAEP, the national testing program that compares states).

Blogger T.C.Weber, aka “Dad Gone Wild,” thinks there is something amiss in Tennessee. The State Commissioner of education Penny Schwinn is holding down two full-time jobs. He thinks that is odd. Does anyone else? She founded a charter school in California, where she is still listed as executive director. Interesting. Superwoman?

He writes:

Capital Collegiate Academy was founded back in 2011 by one Penny Schwinn. In the past, I’ve talked about Schwinn’s tenure with the St. Hope Foundation, the charter network founded by Michelle Rhee’s husband and former Mayor of Sacramento Kevin Johnson. I think it’s a safe assumption that in opening her own school, Schwinn benefited from her relationship with Johnson. It worth noting that Penny’s husband Paul, also worked for the St. Hope Foundation. Stick around, you’ll notice a pattern here.

Returning to Sacramento and opening a charter school was a self-professed dream of Schwinn’s. Per an article in a journal produced by the California Charter School Association, “Her goal was to return to her home town and start a charter school in an under-served community. Her vision was to provide strong standards and high expectations for all students.” Schwinn would assume the role of principal of the school that first year, before 9 months later she would assume a seat on the local school board followed 14 months later by becoming Assistant Superintendent of Sacramento City Unified School District, overseeing the very school she founded.

You may remember back in the Spring when Schwinn tweeted out for principal day how much she loved being a principal. Well, who wouldn’t love to be a principal for a school that only housed 60 Kindergarten students? Per their website, “Capitol Collegiate follows a slow growth model, which means we add an additional grade level each year. Our founding scholars started Kindergarten in 2011 and will graduate from 8th grade in 2020. CCA currently serves students in Transitional Kindergarten (TK) through 8th Grade.” ​

If you look at state achievement scores, that initial class of 2011 seems to be doing quite well. Last year, as 7th graders, 58.2% performed at or above expectations in ELA and 47.06% did the same in Math. I’d say that qualifies for celebration.

The only caveat that I would add is to point out that a class that started out having 60 students held 22 students last year and is now down to 15. So a little math will tell you that out those 22 students, 13 are on grade level or above and 9 are underperforming. That’s not quite as much cause for celebration. With such a small class, I don’t think it’s unreasonable to expect higher achievement levels.

Right now, I wouldn’t blame you for thinking, “This all very interesting, but Penny lit out of there on a fast train nearly a decade ago. What’s all of this have to do with today?”

Ah, but the question is, did Ms. Schwinn truly depart Capital Collegiate Academy? You might be surprised to find out that the Commissioner is still an active board member of the charter school, a seat she has held since inception.

“How does she do it”, you might ask, “Surely there are expectations about attending board meetings.”

Rest assured that when Ms. Schwinn can’t make it in person, she participates via teleconference from 710 James Robertson Parkway, Nashville, Tennessee. In case you don’t recognize that address, it’s where her office, supplied by Tennessee taxpayers, is located.

Here’s where things get even more interesting. You see Penny wasn’t just a board member, she was also the Executive Director of the school from 2015 – 2019. Currently, the organization doesn’t appear to have an executive director. Though I hear Paul’s doing nothing…never mind, I’m sure they’ve already thought of that.

While serving as CCA’s executive director, Penny was serving as an associate superintendent in both Delaware and Texas, and in 2019 she became the Commissioner of Education for Tennessee. You wouldn’t be remiss in thinking, “There is no way she could have done both jobs simultaneously”. But she did, and was paid a pretty penny – pun intended – for it.

Lotta ching, huh?

So now you might be thinking that Ms. Schwinn cut some kind of deal, and arranged a ceremonial position due to her status as a “founder” in order to receive payment long after she split to explore greener pastures. A fair assumption, unfortunately not an assumption not backed up by documentation from the Capitol Collegiate Academy charter application where the duties of the Executive Director are extensive and clearly spelled out.

That seems like a lot of work to be doing from the East Coast while also serving as Delaware’s Chief accountability officer. I know the irony, right?

If this has you scratching your head in puzzlement, don’t consider yourself alone. In 2015, CCA was up for renewal and the SCUSD School Board had some questions themselves. They list a number of promises the school made that they’d failed to keep. Also noting that “the current Executive director fills her role as a part-time position. She is employed as an education official, in another capacity, on the East Coast of the United States. Clearly, they were as perplexed as we are.

Somebody should have pointed out to board members that the school’s IRS filings have Schwinn down as working a 40-hour week. Quite the go-getter this one is. And Mr. Schwinn, what was he up to in Delaware. He was hired as the Director of Leadership Development for the Delaware Leadership Project, which is funded by the Delaware DOE, Rodel, and Vision. Seeing the pattern yet?

There’s more.

Ms. Schwinn works for a pro-voucher chum of Betsy DeVos. Curiously Republican legislators wonder about her multiple jobs but Democratic legislators don’t. Read on to understand this puzzling situation.

Peter Greene turns his attention to Rhode Island and finds that it has been subject to a corporate education reform takeover.
Not only is the governor a former venture capitalist who made her reputation by taking an axe to teachers’ pensions, but her husband Andy Moffitt is a TFA alum who moved on to McKinsey. Not only that, he co-authored a book with Michael Barber of Pearson about “Deliverology,” a philosophy that turns education into data analytics.

Governor Gina Raimondo hired a TFA alum to lead the State Education Department; the new Commissioner immediately joined Jen Bush’s far-rightwing Chiefs for Change and led a state takeover of Providence schools. There is no template for a successful state takeover, so we will see how that goes. Think Tennessee’s failed Achievement School District, funded with $100 million from Duncan’s Race to the Top. Think Michigan’s Education Achievement Authority, which closed after six of boasts but consistent failure.

Read Greene’s incisive review of the First Couple of Rhode Island and remember that Governor Gina Raimondo is a Democrat, though it’s hard to differentiate her views from those of Betsy DeVos.

The Washington Post reported this morning on a district in Tennessee that is opening for in-person instruction, even though the state is experiencing rising rates of coronavirus. Someone has to go first, and Blount County has decided to try it. The nation is watching.

The story was written by A.C. Shilton and Joe Heim, with the help of Valerie Strauss.

MARYVILLE, Tenn. — It was just before 7:30 a.m. when the line of Blount County Schools buses grumbled into the parking lot of Heritage High School and began dropping off students — some wearing masks, others barefaced — into the fraught new world of in-school education during a pandemic.

At the flagpole in front of the school, two unmasked teens hugged before sitting down in a small group to chat until the bell rang. The scene of students reuniting could have been from any other first day of school in any other year. But over their shoulders, an early August thunderstorm brewed above the foothills of the Great Smoky Mountains — an almost-too-perfect metaphor for what many parents and teachers here, and across the country, worry is coming.

Last week, the district began a staggered reopening, making it one of the first in the country to attempt a full return. The goal was to have everyone who wanted to return back in school by Aug. 10. On Tuesday morning, the district changed its plan, opting to allow only half the students to return on alternating days through Aug. 21 with the goal of keeping class sizes smaller while the district eases into full attendance.

The success or failure of the Blount County school district’s reopening — as well as early attempts in Texas, Georgia, Mississippi and elsewhere — will be watched closely by many of the country’s 13,500 other school districts, which will at some point have to navigate these same ominous waters.

Already there have been significant setbacks in districts that have attempted to bring students back. A day after teachers returned to work in Georgia’s Gwinnett County last week, some 260 employees tested positive or had possibly been exposed to the novel coronavirus and were told to stay home. At Corinth High School in Mississippi, in-person classes started last week, and within days five students tested positive for the coronavirus and others went into quarantine as a result of contact tracing, according to a statement by the school district. A photo of a packed Paulding County, Ga., high school hallway with few students wearing masks went viral Tuesday as many people expressed concern about how schools could safely reopen.

With coronavirus cases reported at some reopened schools, protesters take to the streets with fake coffins
For months, administrators, teachers and staff members in this eastern Tennessee district have been preparing for the best way to safely return its 10,542 students to the classroom. The plans evolved as officials responded to information about how the coronavirus spreads as well as pressure from some parents and politicians to open the schools on time. As new cases of the coronavirus increased in the county in July, more parents began wondering whether reopening was a good idea.

Finding a path that works for everyone has not been easy. According to the school district, 75 percent of students are returning for in-school learning, while the remainder have opted to continue with virtual learning.

“Although we rejoice in seeing many of our students back in school, we recognize that reopening comes with levels of concern and anxiety,” the district’s director of schools, Rob Britt, wrote in a letter to parents in late July. “Please be assured that protecting the health and safety of our students and our staff is our top priority, and we will do our best to reduce and slow the infection rate through our daily health practices.”
One of the more contentious issues in Blount County has been whether masks need to be worn all day by students. Some parents have insisted they won’t send their kids back if masks are required all day. Other parents won’t send their kids back unless they are.

While masks are not mandatory in the school’s reopening plan (the district notes that masks are not an enforceable part of the dress code), they are expected in any situation in which social distancing is not possible, such as class changes. The district plan also encourages parents to drive their children to school in private vehicles. Students who ride buses will have to sit one per seat unless they are in the same family.

As for what happens when there’s a case of the coronavirus in a child’s classroom, the district states it will notify parents only when their child has been within six feet for more than 10 minutes with a positive case. In the classroom, the district promises “thoughtful group sizes,” though there’s no clear definition of how many students that is. School district officials declined to be interviewed for this article or to say whether any student or teacher in the district had tested positive for the virus.

Depending on who you talk to here, the Blount County school district’s decision to fully reopen schools this week with in-classroom learning is either a careful and necessary return to traditional teaching or an unwise choice that could endanger many in the wider community.

For Joshua Chambers, a single father of three whose wife passed away two years ago, the return of in-school learning is a huge relief.

“I’m perfectly okay with them going back. Doing virtual was impossible for me,” said Chambers, 46, a machinist who works 50-hour weeks and has children in ninth grade, eighth grade and kindergarten.

Chambers said he thinks the district has put a good plan in place and is taking the necessary precautions to keep children and teachers safe. Like many parents interviewed for this story, he said it has been difficult to find reliable information on the risks involved. His biggest worry is that an outbreak of cases will cause the schools to be shut down again.

“A lot of families in this area, both parents work and they need to be at work,” he said. “If the schools close, it’ll be a logistical nightmare for me, and I don’t know how I could get it done short of hiring a tutor. And that’s sort of out of my price range.”

Jennie Summers has boys in eighth and sixth grade and a daughter in second. She and her husband said that even though it wouldn’t look like a normal school year, it was important for their children to be back in class with other students.

Summers studied the district’s plan and did her own research. Her main objection was to the possibility of masks being required all day in all circumstances. She was a little nervous when the kids left for their first day of school last week, but she said she was reassured after talking with them when they came home.

“We all realize it’s different than what it should be for our kids, but there’s no way to have what we want right now,” Summers said. “Most of the people I talked to had pretty good days and were pleased with what went on. It was nice to even hear the normal first-day-of-school whining from the kids.”

Her son, Joshua Summers, 13, began his first day of eighth grade at a county middle school on Friday. Everyone wore masks, there were signs in the halls reminding students to wash their hands between classes, and the class sizes were smaller, he said. Because everyone had become accustomed to wearing masks, it didn’t seem odd to him to see students wearing them in school.

“It was basically the same as last year. I was a bit nervous, but that’s what usually happens on the first day of school,” Joshua said. “Everyone was just happy to see their friends again.”

All summer long, Cindy Faller has agonized over whether to send her daughter, Ellie, to first grade in Blount County this fall. At first, as stay-at-home orders seemed to be tamping out Tennessee’s spread, she had felt hopeful about Ellie going back. In July, as coronavirus cases throughout Tennessee kept climbing, Faller couldn’t help but feel as though the odds were shifting, and not in the right direction.

Faller used to be a special-education teacher in Knox County, which borders Blount. Having experienced firsthand all the sticky fingers and hugs and body fluids that seem to be part and parcel when dealing with first-graders, Faller just couldn’t imagine how social distancing would work. “I refuse to expose my daughter to this disease at this extent, and I also don’t think it’s possible to keep them safe,” she said.

According to the state of Tennessee, since March, Blount County has had 1,186 confirmed cases of the coronavirus. Of those cases, 509 are active. Right now, the county is averaging 42.07 new cases a day, a level deemed “above threshold” by the state.

Elsewhere in the state, cities and counties are all approaching school reopening slightly differently. Knox County has a similar case rate, with 843.78 cases per 100,000. Knox County, however, has decided to push back reopening until Aug. 24. Nashville, which has been hit hard by the coronavirus, will begin the 2020 school year with online learning only.

Closing schools around the world could cause a ‘generational catastrophe,’ U.N. secretary general warns
Across the globe, countries such as Finland and South Korea have successfully navigated school reopenings without case spikes, especially in primary schools. Up until late June, South Korea boasted that it didn’t have a single coronavirus case spreading in a classroom.

Not every country has had that same success, though. Israel opened schools in May, but by early June officials had closed 100 of those schools as cases surged all over the country. Officials in Israel said it’s unclear how much spread happened at school vs. in the community, but at one middle and high school more than 100 students and 25 staff members tested positive for the virus.

In a paper published July 29 in the New England Journal of Medicine, the authors argue that reopening primary schools is important and that many countries have successfully opened them without dire repercussions. They note one important difference, however, between what’s happening abroad and here: In every case except Israel, countries had contained the spread to less than one new daily case per 100,000 residents. The United States has 18 new daily cases per 100,000 residents, according to a Washington Post analysis of the data.

Tiffani Russell also researched the plans to return to school, and she and her husband decided they weren’t comfortable sending their seventh- and second-grade children back for in-school learning. The couple both work but have altered their schedules and made arrangements with a neighbor so they can stick with the school’s virtual plan until they feel in-school learning is safer.

“Not everyone can do virtual, but they shouldn’t be opening [schools] anyway, because it’s not safe for our children,” Russell said. “And you can’t just think about the kids, you have to think about the bus drivers, the workers, the teachers.”

Rebecca Dickenson, a librarian at Eagleton Elementary School and the president of the Blount County Education Association, which represents the district’s teachers, wears a mask and a face shield whenever she’s around students. While that combo gets hot, she says, by far the hardest part of the first few days has been the strict no-hugs policy. “That’s my favorite part of being an elementary school teacher,” she says.

Dickenson is 40 and considers herself low-risk, but she lives with her sister, who has an autoimmune disorder. Every evening, when Dickenson returns home from school, she de-scrubs the way a nurse might, shedding her clothes at the door and beelining for the shower.

“If I really think about it, it’s very worrying. I’m not so much worried about myself getting sick, but if I get sick and I don’t know it, if I spread it, that’s so many people I am in contact with,” she said.

How to stop magical thinking in school reopening plans

The division in the county reflects the national debate about whether schools should reopen with students back in classrooms. President Trump has repeatedly urged districts to fully reopen, and Education Secretary Betsy DeVos has threatened to withdraw federal funds from districts that don’t. At the same time, top health officials in the administration, including the White House’s top coronavirus coordinator, Deborah Birx, and Anthony S. Fauci, director of the National Institute of Allergy and Infectious Diseases, have cautioned about reopening in areas where the virus continues to thrive.

Last week, Tennessee Gov. Bill Lee (R) announced the state’s plan to reopen schools, saying that “in-person learning is the medically sound, preferred option” and urging districts to make in-classroom learning available to students.

But on Monday, the Tennessee Education Association responded on behalf of the state’s teachers to call for a pause on reopening across the state because of increasing rates of new coronavirus infections.

“Educators want to get back to in-person instruction,” said TEA President Beth Brown in a statement. “However, it is prudent and not contrary to Tennessee law to delay reopening school buildings for the next several weeks, when hopefully the data shows new infections have slowed.”

For now, though, the Blount County school district is moving forward with its plan to get students back in classrooms.

This news just in from the Education Law Center about resistance to vouchers in Tennessee. Vouchers are a huge waste of public money. Studies in recent years have converged on the conclusion that students who use vouchers fall behind their peers who remain in public school. Meanwhile, the public schools lose money that is diverted to subpar voucher schools. Why do politicians like Governor Lee of Tennessee want to spend public dollars on low-quality religious schools?

Here is a press release from the Education Law Center:

The plaintiffs in McEwen v. Lee, a case challenging Tennessee’s unconstitutional Education Savings Account voucher law passed in 2019, have filed an amicus curiae (friend of the court) brief in an appeal of a companion challenge to the law.

In Metropolitan Government of Nashville & Davidson County v. Tennessee Department of Education, Shelby and Davidson Counties – the two counties targeted by the voucher law – obtained an injunction blocking the voucher program while the case is on appeal. Because the law applies only to students in those counties, the Davidson County Chancery Court ruled that it violates the state constitution’s Home Rule provision, which prohibits the state legislature from passing laws targeting specific counties without local approval. The case is now before the Tennessee Court of Appeals, with oral argument scheduled for August 5.

The McEwen lawsuit, brought by public school parents and community members in Nashville and Memphis, is on hold pending the appeal in Metro Government. The McEwen plaintiffs have filed an amicus brief in support of the Metro Government plaintiffs to emphasize several key points.

First, the McEwen plaintiffs’ brief affirms that the plaintiffs in both cases have standing to challenge the voucher statute, meaning they are legally entitled to file their lawsuits. Second, the brief explains that the State of Tennessee has a constitutional duty to fund public schools but has no such duty to fund private schools. The brief also explains that because the voucher program would be funded with taxpayer dollars intended for Metro Nashville Public Schools and Shelby County Schools, it would severely harm those counties’ ability to maintain adequately funded public schools.

Finally, the McEwen plaintiffs’ amicus brief responds to several amicus briefs filed by voucher proponents in support of the State of Tennessee’s position. These briefs assert that voucher programs benefit students and public schools. In response, In response, the McEwen plaintiffs demonstrate how the history of private school vouchers is steeped in efforts to preserve racial segregation, and voucher programs continue to exacerbate school segregation. Research also shows that vouchers fail to improve students’ academic outcomes and drain money from already underfunded public schools, harming students and communities.

The McEwen plaintiffs are represented by Education Law Center and the Southern Poverty Law Center, which collaborate on the Public Funds Public Schools (PFPS) campaign to ensure public education funds are used exclusively to maintain, support and strengthen public schools. The plaintiffs are also represented by the American Civil Liberties Union of Tennessee and represented pro bono by the law firm Robbins Geller Rudman & Dowd LLP.

The Court of Appeals will hear oral argument in the Metro Government case on August 5 at 1 p.m. CT. A livestream will be accessible here, and a video recording will be available here.

Press Contact:
Sharon Krengel
Policy and Outreach Director

Education Law Center
60 Park Place, Suite 300
Newark, NJ 07102
973-624-1815, ext. 24
skrengel@edlawcenter.org

This story appeared in the Washington Post. This refusal to follow medical advice will continue to spread the disease and cause unnecessary deaths. The world is watching our rudderless response to the pandemic and feeling sorry for us. Why ask a doctor for her best advice in a dire situation and then ignore it?

Tennessee Gov. Bill Lee (R) said Monday that he has no plans to close bars and curb indoor dining — minutes after White House coronavirus task force coordinator Deborah Birx recommended those measures at a joint news conference with the governor.

Saying that the coronavirus situation in Tennessee was at an “inflection point,” Birx said Monday that diligence and targeted business restrictions statewide could have an effect on a par with a stay-at-home order.

“We can change the future of this virus in this state today,” she said. “If we continue to social-distance, if every mayor throughout this great state would mandate masks, close the bars and substantially increase indoor dining distancing, together we can get through this.”

But when Lee took the microphone later, he said there are currently no plans to close bars or limit dining. Some mayors can shutter businesses on their own, but the vast majority of Tennessee’s county health departments fall under Lee’s purview, the Tennessean reports.

“I’ve said from the very beginning of this pandemic that there’s nothing off the table,” Lee said after a reporter brought up the issue. “I’ve also said that we are not going to close the economy back down, and we are not going to.”

“But I appreciate their recommendations and we take them seriously,” he said, after thanking Birx for visiting his state and saying there were “productive meetings” about education plans and strategies to encourage mask-wearing, among other topics.

Lee has also declined to issue a statewide mask order, though he promoted their effectiveness Monday, and Birx said Monday that she believes the governor has a “sound strategy” and supports local officials taking the lead. Birx appealed to the mayors of rural counties in particular to mandate face coverings, saying that a majority of counties in Tennessee require them but that “we need 100 percent.”

On another front in the battle against COVID-19, the head of Baltimore’s Intensive Care Unit died of the virus.

Joseph J. Costa, chief of the hospital’s Critical Care Division, died about 4:45 a.m. Saturday in the same ICU he supervised. He was attended by his partner of 28 years and about 20 staff members, who placed their hands on him as he died. Costa was 56.

Last night, I had a Zoom talk with Amy Frogge, who has served for eight years on the Metro Nashville school board.

We talked about charters, vouchers, the Dark Money that infiltrated school board races, and the promising things happening in Nashville.

She is soon leaving the board to become executive director of Pastors for Tennessee Children.

Amy is one of the heroes featured in my book SLAYING GOLIATH. Watch our discussion and you will understand why. She has chosen a life of service and made a difference.

You can watch here.

The Network for Public Education has sponsored a series of weekly ZOOM conversations in which I interview someone who has important things to say.

On Wednesday, I interviewed Jitu Brown, a prominent community organizer in Chicago and leader of the Journey for Justice Alliance, which has organizations in thirty cities.

When we set up the discussion, we thought we would talk mostly about privatization and Jitu Brown’s successful fight to save the Walter H. Dyett High School in Chicago. Jitu Brown is one of the heroes of my new book SLAYING GOLIATH, for his success in stopping Rahm Emanuel from closing Dyett.

These topics were discussed but the main focus was on the murder of George Floyd and racism in America. Jitu Brown has quite a lot to say about racism, in large part because of his experiences. We also talked about a Rahm Emanuel, and his disastrous role in running the public schools as mayor of Chicago.

Listeners said it was a “riveting” conversation.

Listen and see for yourself.

Next week, I will talk with Amy Frogge, a great leader of the resistance to privatization in Metro Nashville. She is a member of the Metro Nashville public school board, as well as a parent of public school students and a lawyer.

She too is a hero of SLAYING GOLIATH for her leadership in defending public schools.

We will talk about “The Fight for Better Public Schools in Tennessee.” The billionaires and their puppet organizations have poured many millions into school board races in an effort to capture control of the district. Amy has fought valiantly against proponents of charters and vouchers.

This is a battle that is being played out in urban districts across the nation.

Join us on Zoom on June 10 at 7:30 pm, EST.

Great news for public schools in Tennessee!

The Tennessee Supreme Court refused to assume jurisdiction of the voucher case and refused to grant a stay of the lower court decision overruling the state’s voucher law.

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ET AL. v. TENNESSEE DEPARTMENT OF EDUCATION, ET AL.
Chancery Court for Davidson County No. 20-0143-II
___________________________________
No. M2020-00683-SC-RDM-CV ___________________________________
ORDER
06/04/2020
On May 20, 2020, Intervening Defendants Ciera Calhoun, Greater Praise Christian Academy, Alexandria Medlin, Sensational Enlightenment Academy Independent School, and David Wilson, Sr. filed in this Court a motion to assume jurisdiction pursuant to Rule 48 of the Rules of the Tennessee Supreme Court and Tennessee Code Annotated section 16-3-201(d). On that same date, Intervening Defendants Natu Bah, Star Brumfield, Bria Davis, and Builiguissa Diallo filed a motion to assume jurisdiction. On May 21, 2020, Defendants the Tennessee Department of Education, Commissioner Penny Schwinn, in her official capacity as Education Commissioner, and Governor Bill Lee, in his official capacity, filed a motion to assume jurisdiction. On May 21, 2020, Defendants the Tennessee Department of Education, Commissioner Penny Schwinn, in her official capacity as Education Commissioner, and Governor Bill Lee, in his official capacity also filed a motion for review of orders denying a stay of injunction pursuant to Rule 7(a) of the Tennessee Rules of Appellate Procedure and Rule 62.08 of the Tennessee Rules of Civil Procedure. On May 29, 2020, Roxanne McEwen, David P. Bichell, Terry Jo Bichell, Lisa Mingrone, Claudia Russell, Inez Williams, Sheron Davenport, Heather Kenney, Elise McIntosh, Tracy O’Connor, and Apryle Young (collectively the “McEwen Plaintiffs”) filed a motion for leave to file an amicus brief and tendered their brief pursuant to Rule 31 of the Tennessee Rules of Appellate Procedure.
The McEwen Plaintiffs’ motion for leave to file an amicus brief is GRANTED, and the brief lodged by them shall be accepted as filed as of the date of this order.

The Court has carefully considered each of the motions to assume jurisdiction, the motion for review of orders denying a stay of injunction, Plaintiffs’ responses in opposition to those motions, and the brief of the amicus. Based upon the current totality of the circumstances, including the relevant timeline and the procedural posture of this case, the Court concludes that this case does not warrant the extraordinary action of the exercise of the Court’s authority to assume jurisdiction. As a result, the motions to assume jurisdiction must be DENIED. For similar reasons, the Court further concludes that the motion for review of orders denying a stay of injunction is DENIED.

PER CURIAM

Amy Frogge is one of the heroes of my book SLAYING GOLIATH. A lawyer, she ran for the Metro Nashville school board with no foreknowledge of the privatization movement. She ran as a concerned citizen and a mother of children in the public schools of Nashville. The privatizers outspent her 5-1, but she won. When she got on the board, she realized that there was a sustained and well-funded campaign to replace public schools with charters. She became a truth-teller, motivated by her deep concern for the common good.

When she ran for re-election, she again faced a well-financed opponent, backed by Gates-funded Stand for Children and DFER. Frogge scored an overwhelming victory.

Amy Frogge is still fighting the fake reformers.

Every school board needs an Amy Frogge, who sees clearly and is not afraid to speak truth to power.

She recently wrote an open letter denouncing Eli Broad and his Broadies.

She wrote:

Dear Nashville (and others),

Please pay attention to those with whom you choose to align yourself on education issues. If you are supporting anyone funded or trained by California billionaire Eli Broad, you can bet you’ll end up on the wrong side of history.

Eli Broad created and funds a blog called Education Post. The folks who run it would like for you to believe they are just activists for low-income families and minority children- but in reality, they are dripping with dirty money. Education Post’s first CEO, Peter Cunningham, was paid $1 million for 2 1/2 years of blogging. Board member Chris Stewart, known online as “Citizen Stewart,” was paid $422,925 for 40 hours a week across 30 months as “outreach and external affairs director.” As author/blogger Mercedes Schneider concludes, “In ed reform, blogging pays juicy salaries.” (For the record, I have never earned a penny for any of my social media posts, of course.)

Paid Education Post leaders regularly try to infiltrate online Nashville education discussions (Nashville is a national target for charter expansion), and Education Post also pays local bloggers to write posts. Local bloggers Zack Barnes and Vesia Hawkins are both listed as network members on the Education Post blog.

Many of the big players in Tennessee were “trained” by Eli Broad through his Broad Superintendents Academy, which recruits business leaders with no background in education to be superintendents- with the purpose of privatizing schools (closing existing schools and opening more charter schools). The current Tennessee Commissioner of Education, Penny Schwinn, is a “Broadie.” Two former heads of Tennessee’s failed Achievement School District (a ploy to expand charter schools without local approval) were Broadies: Chris Barbic and Malika Anderson. Former superintendents Jim McIntyre (of Knoxville) and Shawn Joseph (of Nashville) were also affiliated with the Broad network. Shawn Joseph claimed both McIntyre and former Baltimore superintendent Dallas Dance, a member of Education Post’s network, as his mentors.

The school “reforms” pushed by Broadies all center around profit-making through public education: standardized testing (money for private test companies), computer learning (money for IT companies and cost-savings on hiring teachers), charter schools, vouchers, scripted curriculum that can be monetized, etc. Broadies typically see teachers as expendable and believe teaching can be mechanized.

Since charters and vouchers have become an increasingly unpopular cause, the latest angle is for Broadies to increase the number of (sometimes rigged) vendor contracts for programs and services, as well as consultants, with school districts. Former Baltimore superintendent Dallas Dance went to federal prison for rigging no-bid contracts in a kick-back scheme. In a similar scheme, his mentee (Nashville superintendent) Shawn Joseph was caught inflating no-bid contract prices (in violation of state law) for vendors connected with the recruiter and Broadies who placed him in Nashville through a rigged superintendent search. (See comments for further information.)

Billionaires like Eli Broad who fund school profiteering efforts like to hire/fund people of color to act as front-men for their efforts. This provides the appearance that the push for “school choice” (i.e., charters and vouchers) is grassroots. When these folks are questioned or caught in the midst of wrong-doing, they are able to cry racism. Meanwhile, everyone has their hands in the cookie jar of funding meant to serve children.

The ploys used in school profiteering are particularly nasty- the worst of dirty politics. The goal is usually to smear, humiliate, shame and discredit anyone who is an effective critic of the school privatization agenda. Lots of money is spent on PR for this purpose. (I’ve even been attacked on this Facebook page by a paid “social media specialist” for my opposition to charter schools.)

You’ll notice that the atmosphere tends to become particularly dysfunctional and circus-like when Broadies are in charge or involved. You’ll also notice that Broadies like to push the narrative that locally-elected school boards are too dysfunctional to lead (even when the Broadie in charge is causing all the dysfunction!). This is because Eli Broad and those affiliated with him want no public oversight of public education spending.

So- when you witness education conversations on social media, be sure to figure out who is funding those claiming to promote “school choice” or to advocate for children in poverty. Follow the money, y’all. Always!