School Board Legislative Committee Told State Education Savings Account Program Is Illegal

  • Wednesday, February 22, 2023
  • Hannah Campbell

Paul E. Smith, a member of the 1977 Tennessee Constitutional Convention which amended the state constitution, appeared before the school board legislative committee in opposition to the state Education Savings Account program, which may be expanded to include Hamilton County.

Some students in Hamilton County would be eligible for vouchers worth about $8,000 for private school tuition, joining students in Davidson County and Shelby County school districts.

The new eligibility requirements passed in the state Senate Feb. 16 and move on to the House K-12 Subcommittee this week.

School districts with five “failing” schools, not 10, would be eligible for the vouchers, adding Hamilton County to the list.

Mr. Smith, who served as chairman of the education committee at the constitutional convention, said the new voucher program is “illegal.”

“If it’s taken to court,” he told the legislative committee, it “will be thrown out.”

School board member Ben Connor, chairman of the legislative committee, said he favors charter schools over a voucher program.

“If what he says is fact, then there is a major issue,” Mr. Connor said, though he predicted “it’s going to stand some hard opposition in the House.”

The state supreme court ruled in 2022 that the voucher program is constitutional.

“Our intent was that the school board would make these types of decisions,” said Mr. Smith. “We made a very clear record.” He argued that taking decisions away from the school board and giving them to the state, or even to the county, will stunt equal opportunity for every neighborhood through its school board representative.

THIRD GRADE RETENTION LAW

Mr. Connor said state subcommittees will make decisions March 7 about 14 amendments submitted to the new third grade retention law.

“That’s something I’m going to plan to be a part of,” Mr. Connor said.

He said the “best” amendments want “more data points,” adding input from teachers and interventionists and taking power away from the Tennessee Comprehensive Assessment Program test.

School board member Gary Kuehn referenced one amendment unpopular with the legislative committee that would require students to be seven years old to start first grade, not six, which would effectively force younger students to repeat kindergarten.

Legislative committee member Faye Robinson said she supports a bill in subcommittee that would raise teacher spending in classrooms for instructional supplies from $200 to $500.

Mr. Connor said he will hold a town hall meeting to discuss laws and amendments that are passed this season.

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