FOR IMMEDIATE RELEASE

EDUCATION ON THE CAMPAIGN TRAIL  [View/Download PDF]

After July 4th holiday, the election cycle begins in earnest, especially for pundits and politicians. The state primary election will be on August 4, 2022. The general election will on be November 8, 2022. Infrastructure and the economy will be a major focus, but education will get a fair amount of attention. What will be on the education agenda statewide? We have listed six areas that candidates for state office will face while campaigning.

• School Funding. This marks a transitional year from the Basic Education Program (BEP) to the Tennessee Investment and Student Achievement (TISA). Despite reservations most stakeholders have with a new system, we can anticipate hiccups in the implementation process. The state must have effective and transparent coordination between themselves and local school districts. Until August 2, 2022, Tennesseans can submit public comments on the proposed rules in implementation to the Tennessee Department of Education. This process should always be available on any funding mechanism. We must protect the new funding system from becoming overly complicated and bureaucratic. It should be easy to explain and understand, and candidates for state office should have knowledge about this critical area.

   

• School Transportation. America could be heading for an economic recession. Housing, food, and transportation costs are increasing. Household finances are tightening up, and consumer buying power is declining. For school systems already experiencing staffing shortages and livable wages declining, it will be hard to keep pace. Even with modest salary increases, the cost of living will outpace growth. This will impact all 146 districts across Tennessee. Now that diesel fuel has risen 50% from a year ago and it will impact schools, especially transportation and food supply. Bus routes may be cut or eliminated in their entirety. It is going to hurt the poor, the people that cannot get to school. We can debate the bad energy policies, disrupted supply, and increased fuel demand. All are genuine issues. The bottom line is that significant increases in transportation were unexpected when budgets were set at the beginning of the year. They could spiral out of control. County-owned buses do not pay the fuel taxes if they have their own tanks. Some schools and school systems use fuel cards and pay the tax and are then later reimbursed. Owner-operators pay the fuel tax. What is clear is that school transportation costs will increase. The state needs to figure that into the budget amount and adjust funding accordingly. Policymakers will cope with an immediate problem if fuel prices and food supply are further disrupted statewide.

   

• Parental Rights. A growing number of parents and activists are concerned about what students are taught or not taught in public schools. Most educators never wanted to become participants in the culture wars. They did not create the standards, choose the curriculum, or buy the textbooks. Most welcome more openness into those processes. Educators teach students how to think, not what to think. They appreciate parent engagement in a child’s education. This subject has flown under the radar and is becoming an important part of a needed conversation in the education debate. Outside influences on our public education system need more transparency.

   

• School Choice. The Tennessee Supreme Court announced its decision on the Education Savings Account program, deciding it does not violate the “Home Rule” provision in the Tennessee Constitution. It will still likely face additional legal challenges, but for now, it looks as if the program will begin to move forward. In addition, the United States Supreme Court ruled on June 21, 2022, that Maine’s voucher system, prohibiting religious schools from participating in the program is unconstitutional. This will spark widespread debate on the appropriate use of public education dollars here in Tennessee, and the inclusion of religious schools in other programs.

   

• Student Testing. Tennessee should move to progress monitoring instead of end-of-year standardized testing for better school accountability and transparency. This gives teachers and parents more impactful and timely input on student performance. It allows us to better adjust to make sure children can read proficiently. Three much shorter tests in the Fall, Winter, and Spring will apprise students, teachers, and parents about students’ growth, rather than a single lengthy end-of-year assessment that stops learning and leaves zero opportunity for improvement. Moving away from high-stakes testing will increase instruction time, while progress monitoring will provide timely and useful feedback for student goals, including reading proficiency.

   

• Social Studies Standards. The State Board of Education launched the initial public review period for Tennessee’s Academic Standards for social studies, requesting feedback from the public through July 18, 2022. This is significant because this has been the source of contentious debate on curriculum issues statewide and nationally. The Tennessean points out that the Tennessee Department of Education, which had previously provided support for the review process, will not be involved in this year's social studies review because the department “does not have any subject matter experts on staff for social studies.” This should raise questions for the public about oversight.

We understand that public education is not a perfect system. It has never been perfect. It needs continual improvement. Out of the 55.5 million K-12 students in America, 49.5 million of them are in our public schools, a little over 89 percent. Educators in classrooms across the state face challenges every day and they want stakeholder and policymaker support. Educators need to be engaged to enhance the quality of education and opportunities for Tennessee students. Policymakers should encourage educators to discuss what works and does not work in their classrooms.

The Declaration of Independence reminds us that "Governments derive their just power from the consent of the governed." Policymakers overseeing public education should answer to the citizens and taxpayers in the community they serve and disclose political donations received during a campaign cycle. These six issues will be the subjects of campaigns across the state. No matter who you vote for, please exercise your right to vote.

FOR IMMEDIATE RELEASE

WHY JOHNNY STILL CAN’T READ  [View/Download PDF]

FOR IMMEDIATE RELEASE

SPEAKING TRUTH TO POWER  [View/Download PDF]

FOR IMMEDIATE RELEASE

TIME TO ADDRESS OR END THE ASD  [View/Download PDF]

FOR IMMEDIATE RELEASE

SPECIAL SESSION FOR CORONAVIRUS LAWSUITS IS NEEDED   [View/Download PDF]

FOR IMMEDIATE RELEASE

VIEWPOINT: REOPENING SCHOOLS POSITION STATEMENT 
[View/Download PDF]

We believe the state response to COVID-19 for schools has been inadequate for districts, educators, and parents. We have been tremendously disappointed by a perceived or actual lack of respect for educators by the Tennessee Department of Education. We think we are nearing an irreparable level of trust, which we find very unfortunate.

There has not been enough leadership or concrete guidance provided by the state to districts, educators, or parents. In particular, the state has not involved teachers and parents in the development of school reopening plans. Any plan should include a process for recommending and communicating changes. Tennessee public school students, parents, and employees deserve to have a clear understanding of the protections and protocols that will be put in place to address their health and safety.

KEYS TO SCHOOL REOPENING PLANS

• ALL students and educators have a right to a safe school environment.
• The state, and each district, should involve teachers and parents in the development of all school reopening plans. Also, plans should include a process for recommending and communicating changes.
• Tennessee public school students, parents, and employees deserve to have a clear understanding of the protections and protocols their local school districts will put in place to address their health and safety.
• Each school district should develop, approve, and disseminate a local policy that prioritizes student and employee safety. The policy must describe the health and safety measures the district will take to mitigate and respond to the threat of COVID-19 and what action the district will take in response to confirmed cases of COVID-19 in staff or students.
• Science and the recommendations of local public health agencies, not politics, should drive decision-making about reopening schools.
• The federal and state government should provide adequate resources for schools and teachers to make reopening school buildings as safe as possible. Teachers should not be expected to provide their own PPE or school supplies, nor should teachers be required to clean or disinfect their classrooms.
• Instructional time should be maximized and protected. Therefore, we believe that statewide testing requirements should be waived for 2020-21, especially as they relate to accountability.
• Teacher evaluations should consider the unprecedented nature of the current environment. Evaluations should not be used in a punitive manner.
• School districts should make accommodations for teachers and staff at higher risk because of age or underlying health conditions to ensure their health and safety.
• Worker’s compensation insurance should be extended to cover school employees forced to miss time at work due to contracting COVID-19 or being exposed and required to quarantine. We urge the governor to support such an extension of coverage.
• Districts should prioritize the social and emotional learning of students when schools reopen.
• There should never be a mandate that requires a school employee to sign a liability waiver for COVID-19 exposure in the workplace. We know of no district in Tennessee that has even suggested a liability waiver. We merely offer this guidance against their use and believe waivers of this nature are legally unenforceable and unconscionable and unreasonable to employees.

ADDITIONAL RECOMMENDATIONS

Physical and emotional safety is critical, and state leaders need to assure educators and students of their genuine concern. There is a significant lack of educator’s voices throughout this process. The Governor needs to give direct access to his office by educators, so they are certain he hears their unfiltered voice. The quickest way to restore trust would be for Governor Lee to listen to those on the front lines.

Educators know gimmicks do little to foster dialogue. Some stunts or actions could cost education could cost us public support. As public schools are being changed before our very eyes, it is critical the actions we take do not alienate those we serve. We must choose our words carefully. We must place and keep the emphasis on the health and safety of our educators and students first and foremost. However, the public must understand we want to be in our classrooms teaching their children when and where possible, as soon as possible. Online education will never be a substitute for in-person instruction.

Districts should consider:

• Staff Sick Leave Policies. Clearly defined sick leave policies are essential to reducing the anxiety felt by educators who may become sick or who have a person at higher risk from COVID-19 in their family. Leave policies should include the process for educators to work virtually should they be required to stay at home, as well as other leave policies such as sharing personal/sick days so that staff can access days beyond their accrual. Teachers required to quarantine due to exposure in the classroom should not be required to use sick leave.
• Staff Childcare. School employees rely on childcare that may have been previously coordinated by the district. Childcare is essential to the continuity of district operations by allowing school employees to work without disruption, which in turn allows students to learn and be supported without disruption. District policies should include a plan for childcare, including health and safety guidelines.
• Addressing Staff Mental Health. Teachers, administrators, and staff already operate in a high stress occupation, which has been amplified by the unknowns and uncertainties of the pandemic. The district policy should address how the mental health needs of employees will be supported.
• Addressing Student Social, Mental, and Emotional Health. Student needs outside of academics are at an all-time high. District policies should include how the district plans to bolster social, mental, and emotional supports for students. This may include training for teachers, who are often on the front lines of addressing these student needs.

We think local school boards are best positioned to understand the particular needs of their community. They need the state to serve them, not the other way around, especially during this global pandemic. We understood the gravity from the very beginning, advocating for changes to accountability - especially testing - this year. For those who think this will be a normal year, continuing to advocate that teachers and schools be held accountable for test results: you are pretty delusional. We just need to focus on educating our children, and catching them up where there are gaps. Trust our teachers. For once, put faith in them.

Every day across Tennessee we are talking to elected leaders. We will keep fighting for public education, educators, and students. We are so grateful for all the kind words and input of educators. They are the ones who guide our mission. We will get through this global pandemic together. Public education will emerge stronger if educators drive the process.

FOR IMMEDIATE RELEASE

PROFESSIONAL EDUCATORS OF TENNESSEE OPPOSES BLANKET WAIVERS ON DUTY FREE LUNCH  [View/Download PDF - Letter to TN State Board of Education]

Professional Educators of Tennessee, a non-partisan teacher association, officially notified the Tennessee State Board of Education of its opposition to blanket waivers for duty free lunch with a letter to Board Chair Lillian Hartgrove. Tennessee school systems are seeking hundreds of waivers from state mandates.

The letter written by executive director JC Bowman stated: “Tennessee teachers count on their duty-free lunch, not only to eat their meal, but to return personal phone calls and check on their own children and family members who are also impacted by COVID-19. It is also usually the only time in a day that a teacher can use the restroom.” He added: “we understand that educators must apply common sense and be flexible. However, professional educators should not always have their rights trampled as the first resort in resolving an issue.”

The letter succinctly laid out the reason the association opposes a blanket duty-free lunch waiver, and pointed out that not ALL schools located within a district requesting a waiver require a waiver. Any district requesting a waiver should identify which specific schools cannot meet the social distancing requirement if, in fact, that is the reason the request is being made. We understand the importance of social distancing, but also understand it is not limited to lunch time activities. Nevertheless, with staggered schedules and/or the use of other locations such as libraries, gyms, or music/band rooms within the school, this can likely be accomplished leaving duty free lunch intact, or at a minimum partially intact. In addition, reasonable efforts of a school district to use nonteaching personnel or the assistance of community volunteers to supervise students during lunch in multiple locations could also be considered. Schools could also consider expanded lunch schedules and shorter lunch breaks.

Bowman also added: “If the State Board does grant a waiver for duty free lunch, we respectfully request that each district justify that request with more detail on a school-by-school basis within a district and for that information be made public.” The letter concludes: “we object to a blanket waiver being issued to every single district that has requested it, without knowing the need of each school and what planning took place to address the issue before the request was made.”

FOR IMMEDIATE RELEASE

June 25, 2020

View Press Release

In response to the Global COVID-19 Pandemic, the United States Department of Education adopted a policy to suspend all federal testing requirements for the 2019-2020 school year. This included all 50 states as well as the District of Columbia and the Bureau of Indian Education. Health experts believe that the spread of the COVID-19 virus will continue into the fall of 2020, although the impact will vary by community and location. We should anticipate and be prepared for public schools to have a disruption of services at some point during the 2020-2021 school year.

Most school districts in the state are still planning for another unusual year, deciding between traditional in-person learning, remote learning, or a hybrid of both. Along with the uncertainty of the level of preparedness by our school districts, Professional Educators of Tennessee believes that our state should request a waiver of all federal testing requirements for the year 2020-2021. The state should request a waiver from all federal testing requirements, or at a minimum allow our districts to petition the state to be exempted from standardized tests for 2020-2021. The state could also consider letting districts grant parents the right to opt-out of standardized tests for this school year.

Our neighboring state of Georgia has already submitted a waiver to the US Department of Education to suspend standardized testing for 2020-2021. This issue may well become a campaign issue in the 2020 federal elections, as well as state elections. If the state does cancel testing for the 2020-2021 year, they could reinvest those savings to help shore up other COVID-related education expenses, including guidance counseling and addressing food insecurity. This could be at least partly dependent on the state’s assessment contract, which should be accessible and available for public record. Everything we do this year must be done with the health and safety of students, teachers, staff, and the community as the priority.

"We should anticipate and be prepared for public schools to have a disruption of services at some point during the 2020-2021 school year," says Executive Director JC Bowman.

"If the state does decide to move forward with testing in the interest of gathering data on how student learning is impacted by COVID-19 and changes to their learning environments, we believe that it is imperative that it is time to finally end the high-stakes connection between statewide assessments and educator accountability measures," says Professional Educators of TN COO Audrey Shores.

Our membership generally believes that Tennessee’s assessment program is not serving student needs, especially this academic year. Most importantly, teacher accountability measures that are tied to state assessments will be a serious issue if the state moves forward with testing. "If the state does decide to move forward with testing in the interest of gathering data on how student learning is impacted by COVID-19 and changes to their learning environments, we believe that it is imperative that it is time to finally end the high-stakes connection between statewide assessments and educator accountability measures," says Professional Educators of TN COO Audrey Shores.

When we make our education decisions based on unreliable or invalid test results, we place students at risk and harm educators professionally. We must question the reliability, validity, and accuracy of test results especially between traditional in-person learning, remote learning, or a hybrid of both. Reliability relates to the accuracy of their data. Reliability problems in education often arise when researchers overstate the importance of data drawn from too small or too restricted a sample. Validity refers to the essential truthfulness of a piece of data. By asserting validity, does the data measure or reflect what is claimed? Early indicators suggest remote learning has proven very uneven. And longstanding achievement gaps may well be amplified by additional school closures. Many K-12 students may have missed out on remote instruction altogether.

There’s still so much unknown about COVID-19 and it’s best to err on the side of concern for student and employee welfare than government compliance. Tennessee should request a waiver for all federal testing requirements in 2020-2021.

FOR IMMEDIATE RELEASE

BEST FOR ALL?  [View/Download PDF]

The economic conditions of our state are certainly not where we expected when the calendar year began. Our state had the potential to do some great things this year for public education and for our students. Unfortunately, our state was hit by a global pandemic. A literacy initiative was well on its way through the legislature that could have made a difference for children. I am truly disappointed for our students.

I am also especially disappointed for our educators who were asked to do Herculean tasks of educating children across the state during this pandemic with little clarity and initial guidance from the state. Nobody could have foreseen or predicted some of the issues we faced. We were somewhat paralyzed by our fear, and in many ways, we are still unsure of what is coming next. We either live in fear, or we confront it. Those are the only options we have.

I would argue that eventually if the state truly wants what is best for all, we are going to have to address more stakeholder involvement in the process of pandemic recovery, prioritize student learning during uncertain times, and acknowledge that high stakes testing and student assessment will have little value for the immediate future. That has to be a priority for Governor Bill Lee and his administration, as well as the Tennessee General Assembly.

I watched how the state assembled its COVID 19 Task Force under our Commissioner of Education. One question that comes to mind: Where are the teachers, the principals, the school boards? We have groups that reflect some special interests, but what is absent are most of the people and groups who are the backbone of public education. The truth is that many have lost confidence in the direction of our state department of education. There are still some good people there, and it is not too late for bridges to be rebuilt. However, to restore that trust, it is now beyond the Commissioner’s skill set; we need the Governor to sit down with stakeholders and hear the truth of what is going on, what students, teachers, districts, and communities need to move forward for the next academic year and beyond. Governor Bill Haslam went out on a listening tour on testing, and I think he gained valuable insight. We all have the same mutual objective: educating our children. We just need to move past the rhetoric. I believe Bill Lee is a good man, but he just needs to hear some other unfiltered voices and opinions.

The Governor must know that our local school systems are facing tremendous budget challenges. In our opinion, the state could have done more to address funding in the BEP for schools in this budget, even as they failed to address salary issues. Infrastructure costs and transportation costs will certainly increase. The state should have considered those challenges. However, in crisis comes opportunity.

The state needs to prioritize revamping our funding formula in the next legislative session. In my opinion, it is a needed focus that the Governor accurately alluded to on the campaign trail. We welcome the opportunity to collaborate on that initiative. It cannot come through the Department of Education, but perhaps through the Board of Education or the Tennessee Comptroller. Then, the BEP must be legislatively driven, with input from stakeholders. Lt. Gov. Randy McNally and Speaker Cameron Sexton are very capable leaders. There are incredible leaders in our legislature on both sides of the political aisle. Let them and the Tennessee General Assembly do their work next session and let’s bring our education budget into the modern age.

FOR IMMEDIATE RELEASE

ARE YOU LISTENING?  [View/Download PDF]

Like most people, I get upset with elected officials from time to time, at every level. Almost every single time for me it derives from two things: 1) their inability to understand an issue they can readily solve; and, 2) their failure to listen. I try very hard not to personalize issues, but admittedly it is difficult when I see repeat offenders.

Peter Schuck, the Simeon E. Baldwin Professor of Law Emeritus at Yale University, and the author of the book Why Government Fails So Often, and How It Can Do Better, states “the deep structures of our policy system – perverse incentives, collective irrationality, poor information, systematic inflexibility, lack of credibility with necessary stakeholders, the superior speed, flexibility, and incentives of private markets, obstacles to implementation, the inherent limits of law as a policy instrument, and a mediocre and degraded bureaucracy – are the main causes of policy failure and mismanagement. Most mismanagement is a symptom and consequence of these deeper forces.” I am not going to challenge the theory. It is true the way we create public policy decisions is often not efficient. In the hands of some elected or appointed officials, the mistakes are often repeated and frequently made worse.

Author Randall Worley wrote: “Hearing is a passive, no-brainer experience like breathing or blinking; it doesn’t require any effort. However, listening is intentional attention. Most humans are ‘hard of listening’ rather than ‘hard of hearing.’” Some people do not pick up the indicators when something is going on in society, because they are tone-deaf. Some politicians and policymakers are so isolated they do not hear from necessary stakeholders directly, only from the people they surround themselves with daily. This is deeply problematic. Glancing over the resumes of many bureaucrats, what will leap out at you is the lack of life experience of many of them. It does take skills to navigate bureaucracy, but paraphrasing Dr. Schuck: we have a “mediocre and degraded bureaucracy” in charge and “lack of credibility with necessary stakeholders” at work. Listening skills become even more important. For the tone-deaf, I am not sure there is an explanation possible.

So, what can we do? It is simple. We need to step up our demand to be heard. I recently watched an appointed official discuss stakeholder input in her decision-making process knowing the statement was not exactly truthful. Certainly, she may be “listening” to one or two stakeholders that can be paraded out to validate the decision. However, it certainly is not inclusive. The research will validate that stakeholder demands for inclusion rise when stakeholders do not trust those engaged to give appropriate regard to stakeholder concerns. There are 330 million people in the United States, and no two people think exactly alike. A diversity of opinion nourishes and strengthens our nation. Many state and federal agencies would benefit from understanding a range of ways stakeholders can be included in decision-making and implementation.

In education, we understand that not every student has the same academic needs, interests, and goals, but many schools still offer courses and provide instruction that treats students as if they are the same. The COVID-19 Pandemic has created an opportunity for schools and districts to address issues that may have remained unattainable months ago. Everyone should be making plans for the future. While we expect the state to lead on issues, this is one place we need our state Department of Educations to act more like a clearinghouse of ideas, and let our local schools and districts take control of their needs and priorities for the children they serve. Imagine if federal and state guidance only served as "a baseline" on issues of this nature. What else is possible? Top-down leadership is problematic, has been problematic, and will remain problematic, as long as policy failures and implementation are fostered by bureaucrats, and our policymakers do not listen to those with skin in the game.

Every day there is an outpouring of questions about re-opening schools. Our local schools need concrete answers before school resumes. We need answers on attendance, including truancy. Somebody has to focus on Staff and Teacher Absences due to COVID Regulations. Districts understand that will likely mean an increasing need for funding for substitute teachers. We can fully expect transportation costs to increase. Another increase will be on building maintenance and cleanliness in our school buildings. Wearing a mask should probably be optional, never mandatory in schools. The state will need to lessen accountability standards for the likely future as educators focus on other pertinent needs of their communities. There are so many issues in which districts, schools, parents, teachers, and students desperately need answers.

We need more stakeholder involvement, not a committee of hand-selected bureaucrats that rubber stamps a white paper generated by an out-of-state group, or repackaged guidelines from another state. Many people and their organizations would gladly help, if only they were asked. None of us have time to engage in public relations puffery, or bureaucratic back-slapping and mutual accolades. There is work to be done. It is time we get back to business, and start getting specific answers to critical questions, or the next policy failure in public education may be our last. That may be an expensive education lesson we all learn. The question is, are you listening? Is anybody listening?

FOR IMMEDIATE RELEASE

Next Steps for Vouchers in Tennessee  [View/Download PDF]

The question in political circles is what will happen now that the signature legislation of the Lee Administration on Education Savings Accounts has been overturned by Davidson County Chancellor Anne C. Martin?

For the Governor’s office, next steps will likely depend on the Tennessee Attorney General Herbert Slatery III’s recommendation. The special interest groups in favor of the legislation will have to take a two prong strategy: they may have to raise money to fund an appeal, and they will have to prepare for future legislation. This will mean that they will have to make this a campaign issue in 2020. It will be a harder sell in 2020 than it was in 2018.

The COVID-19 crisis’s effect on the state budget will be a huge factor. Even the cost of appeal, if they proceed with that, will be questioned. For education groups such as ours, we remain opposed. In particular for us, we will remain focused on K12 public education and keeping the necessary funding and programs in place to help all children succeed in Tennessee. Even with an ESA program in place with low numbers, K12 public education numbers continue to escalate.

In the immediate future, what happens to the roughly $40 million ESA set-aside now freed up - what happens to that funding? Will the Tennessee General Assembly press for changes to the budget? When legislators return this session, they could seek to move those dollars back into the BEP funding formula to pay for numerous mandates that remain unfunded and underfunded, or even technology which has been woefully inadequate historically in Tennessee?

The costs of appeals may be relatively low for court fees. However, attorney fees and the cost of litigation could be concerning. Potentially anyone involved from passing the legislation to enacting the legislation could be a witness. Obviously the longer this goes on, the more prohibitive it may become for both sides. What is interesting is that the person responsible for enacting the legislation for the state, Amity Schuyler, has subsequently moved to Shelby County Schools, which strongly opposes the legislation. Possibly nobody in the state knows the strengths and weaknesses of the program as well as Ms. Schuyler. Whereas the appeal will likely focus on the home rule provision and unconstitutionality of the program, plaintiffs will likely delve into the enactment of the program and Schuyler is critical on that particular component.

In the end, the political ramifications may be just as important as the judicial ruling. Questions are likely to be asked, such as: Does the Governor think the Tennessee General Assembly continues to support his effort on this program, in light of the latest ruling and in an election year? In hindsight, should the Governor and his staff have pushed for a more inclusive statewide program to defuse the merits of the judicial ruling that the legislation was unconstitutional, or would he have pursued the same legislation? Those answers will likely be forthcoming in the next few days. And it is likely this will be a huge campaign issue across Tennessee in 2020. 

LETTER TO TDOE - CARES Act Implementation
[View/Download PDF]

April 15, 2020

Commissioner Penny Schwinn

Tennessee Department of Education

710 James Robertson Parkway

Nashville, TN 37243

Commissioner Schwinn:

We greatly appreciate the opportunity to add input for the state-level strategy on the ''Coronavirus Aid, Relief, and. Economic Security Act'' or the ''CARES Act'' (P.L. 116-136).  Our members are those on the frontlines, with actual boots on the ground.  Together, we can best address the immense challenges created by COVID-19 in Tennessee. Whether it is acknowledged or not, public education is directly influenced by the social, economic, and political events of the times in which we live.  We surveyed our membership and are providing the raw data along with comments for you to consider in the implementation of a statewide strategy.  A link is also found here: https://www.surveymonkey.com/results/SM-Y898ZP7X7/.

It is clear that those who were surveyed believe the response thus far has been appropriate, and over 88% believe the local district should decide how to spend any federal funds provided due to the COVID-19 relief acts. Receipt of CARES Act funds by school districts should not be conditioned on an LEA or school mandating, or in any other way requiring, students to attend summer school, implement extended school days, or extend the 180-day school calendar. These decisions should be left completely up to local boards of education based on the individual needs of their school district and community. Moving forward, policymakers and stakeholders must commit to the foundational priorities and policies to assist students and schools. These are our recommendations: 

• Keeping our education workforce committed to the success of all learners, by maintaining a pipeline of well-trained, highly compensated educators who can flourish in the teaching profession.  We must avoid employee layoffs, and keep salary increases. This is inline with the CARES Act Section 18003 (d) (12).
• Our state must remain committed to success in literacy and prioritizing reading as a core value built around student success, educator quality, and parent support.  The state may wish to consider funding for literacy-focused summer camps across the state beginning in 2021.
• We cannot back away from our support in keeping children safe and improve our funding for counselors and mental health treatment providers. This may be overlooked. We should pursue reliable standardized tests that provide accurate feedback for educators, parents, and students.  It is time we re-evaluate and have a public discourse over the cost of assessment and exactly what role and purpose we seek from high stakes testing and the results we seek as a society. 
• During this time of reflection, we must also consider how we can modernize our school funding formula to reflect changing 21st century needs. We must have a plan and a funding formula that reflects our educational mission, priorities, and strategies, a formula that supports teachers, funds facilities, and facilitates innovation and technology, and a formula that looks to better connect K-12 education with workforce needs. We strongly urge a commitment to technological upgrades moving forward be built into any state funding formula.
• We have to ensure that our educators get the help they need to develop and implement instructional appropriate IEPs and that districts are maintained with sufficient staff to meet the needs of every child they serve.  Congress included the provision in the CARES Act to allow the U.S. Department of Education to grant waivers for districts that cannot meet IDEA provisions at this time. Given the extraordinary circumstances the nation is facing due to COVID-19, this is essential for students, parents, educators, and taxpayers. We know IDEA is the 4th most litigated federal civil statute in the United States. States and school districts cannot afford unnecessary legal action during a crisis. The state must give school districts clear guidance on this matter. The state should request input from school districts asking them what services they need waived and request a statewide IDEA waiver from Secretary DeVos on these items.  Districts are already being inundated with due process requests, complaints, and threats of federal lawsuits.  Unnecessary legal action hurts all students and teachers.  It is fiscally irresponsible to not protect our state and school districts from frivolous lawsuits simply because they inadvertently fail to meet obligations. 

We advocate that the Lee Administration put Tennessee First.  Our state government should not contract with any group or organization not based in Tennessee for services or products.  Most services needed can readily be provided here in Tennessee. We will see an influx of people, groups and businesses who will be enticed by the allure of state and federal money These entities may move into our state and may lack the prerequisite buy-in, or commitment to our state.  As a key stakeholder, we are committed to seeing our state succeed, and our economy return.  For the short-term we offer these suggested recommendations to limit creating disparity and lack of equal opportunity to complete the 2019-2020 academic year:   

• Continue the learning Programs and Instruction through May 1^st. (May 1^st is on a Friday). 
• The week of May 4^th – 8^th is considered as the last week of school.

o   Teachers finalize grades.

o   Arrange for devices to be returned to schools.

o   Arrange for personal belongings to be retrieved by students.

o   Notify students of registration for the 2020-2021 school year.

o   Boards meet to approve a waiver for closing the school’s instruction for the year.

o   Waiver to extend schools’ feeding programs through the regularly scheduled calendar.

• Many areas are in another crisis over storms as well as continued increases in COVID-19 cases.
• Some parents will not send students back due to fears of infection.
• Some families lack proper living accommodations.
• Teachers can focus on contacting students for personal and mental health supports through the end of the typical school year.
• Plans for opening the 2020-2021 year can be the focus (planning reentry with mental health supports and training for teachers and staff).  As you are aware, the month of May is typically filled with field trips, exams, honors events, field days, etc. This allows for districts to announce the end of year events and closure to allow parents to adjust to a regular home schedule for the summer. Much planning will be essential for the 2020-2021 school year.

By incorporating these long-term and short-term suggestions, Tennessee can remain the best state in the nation for education and in turn, the best place to raise a family. We believe we have thoughtfully and considerately made suggestions that place our state in the best position to recover from the COVID-19 Pandemic. We also understand other groups will offer valuable input that we have overlooked due to time constraints and brevity.   

If we want all children from all backgrounds to succeed, we must give them the opportunities they deserve and we must build the system around them, rather than simply fitting children into a system. A rigid, inflexible public education system does not always pave a path for success in college, career, and life for every child. Future policies must consider disruptions as possibilities and our state should be better prepared to face future challenges in our education landscape. 

We appreciate your consideration of our input and look forward to it being included into the final plan that the state submits. Our goal is work with the state to successful implement the plan you submit. Because of the courage, commitment, and resilience of our citizens, we know that Tennesseans can meet any challenge. 

Sincerely,

JC Bowman, PhD

Executive Director

FOR IMMEDIATE RELEASE

Statement from Professional Educators of Tennessee

NEXT STEPS FOR PUBLIC EDUCATION AND THE CORONAVIRUS  
[View/Download PDF]

Governor Bill Lee has urged schools to remain closed until March 31^st. We staunchly support the Governor in his efforts to stop the spread of the coronavirus here in Tennessee by encouraging school districts to close through the end of the month to protect the health and well-being of Tennessee’s students, teachers, and entire communities across the state.  

US Representative from Tennessee Mark Green said, “The COVID-19 outbreak is an international health crisis that will require an unprecedented response, and our Nation’s schools are facing extreme difficulties in the face of this pandemic, including sending their students home indefinitely. The gravity of the situation schools are facing navigating the COVID-19 pandemic creates an undue burden for preparing and administering statewide assessments.”  To wholly protect educators and students from the effects of the COVID-19 pandemic, the Tennessee General Assembly must take a few additional steps for public education:

• Attendance: The state must waive attendance requirements and excuse the chronic absenteeism of students. The legislature should also consider waivers for the instructional day requirement for districts.
  
  
• Assessments:  Stop standardized testing for this academic year. They should also ask the Department of Education to immediately enter into negotiations to suspend the contract with our current testing vendor to save taxpayer dollars. That contract should be extended to fulfill our obligations. This means, as Representative Scott Cepicky has suggested, that the Commissioner of Education must request a waiver from the Federal Government on testing, which we have suggested and endorse. When schools resume, teachers should be free to teach, and re-teach if necessary, without the burden of testing.
  
• 
  Hold Harmless: We must ensure that “no adverse action may be taken” against any student, teacher, school, or district based on results from the cancelation of state standardized tests. This also means that no assessment will impact students’ final grades. The lack of assessment results should not be used for any decisions related to hiring, firing, or not compensating teachers. We should also prohibit identifying a school as a “priority school” in Tennessee’s bottom 5 percent, the starting point for state intervention, although a district should be free to request any assistance for schools that self-identify and are in need.

Tennessee is a resilient state made up of incredible people with a generous spirit. We will defeat COVID-19, the coronavirus. However, each of us must remain vigilant in our efforts to combat and help prevent the spread of all respiratory viruses (Coronavirus or the flu) by maintaining high standards of hygiene and using common sense. We are confident that district leaders will continue to make the right decisions for their communities with the support of our Governor and Legislature.

FOR IMMEDIATE RELEASE

STUDENT DISCIPLINE NEEDS BETTER SYSTEMS AND PROCESSES   [View/Download PDF]

As a 19-year-old Marine, I received a meritorious commendation for designing a logistics system and process for embarkation, which allowed for our unit to be deployed faster.  Compiling and maintaining logistics support data, calculating combat logistics support requirements, and coordinating combat logistics functions to support Marine Corps operations and deployments were an emerging field made more difficult prior to the prevalence of computer systems.  I have had a lifelong fascination with systems and processes ever since. 

Systems and processes are what makes everything work, from the most complex to the seemingly insignificant.  A system consists of interconnected and interdependent components organized to accomplish a specific goal.  The processes are the things you do in order to make any given system work most efficiently.  In education, all schools, regardless of where they are located, are very dependent on systems and processes for success. 

So why are teachers frequently often left out of the process?  In the last six years, student discipline has been one of the major issues in Tennessee that educators cite as an issue that we must address. Common sense would indicate that more teacher participation in student discipline issues might improve job satisfaction, address teacher retention, and solve more student behavioral issues.   Student discipline is one of the major reasons why teachers say they are leaving the profession. All educators understand that students will misbehave.   However, classroom teachers hope that they have an administrator who reinforces and supports their authority to maintain discipline in the classroom. 

Unfortunately, not having a high-quality administrator at every school often means good discipline is even more difficult.  Teachers set the discipline for their classrooms, but administrators set the culture for their school.  Administrators that do not support classroom teachers and set lenient discipline policies end up creating learning environments where unruly students take away from students who wish to learn. 

In order to maintain control in the classroom, policies must be clearly defined.  Let’s be clear, today’s infractions are not chewing gum, being out of a seat, or throwing paper.  Reports include offenses of a sexual nature, cursing teachers, fights, and sometimes even worse.  Frequently students are allowed to do things in school that could land them in jail when, and if, they graduate.  Student discipline is now a time-consuming and exasperating issue, and teacher input has rarely been solicited. 

Superintendents of School and Boards of Education can establish policies that can improve the process.  One thing is certain - all it takes is one rebellious student who gets his or her way, day after day, to destroy a classroom.  When processes are flawed, systems inadvertently fail.   We should all want to create a system that serves our students and to do that we must get the discipline process right. Creating a more integrated system is what House Bill 16/Senate Bill 230 will do for our schools in Tennessee. The legislation already has nearly 60 sponsors in the Tennessee House of Representatives.   

The legislation, known as the Teacher’s Discipline Act, authorizes a teacher to manage the teacher’s classroom, discipline students, and refer a student to the principal or the principal’s designee to maintain discipline in the classroom. The legislation authorizes a teacher to remove a student from the classroom whose behavior interferes with the learning process, violates the student code of conduct, or poses a safety threat. Establishes the process for a student’s removal and return to the classroom.

Critics want to play on the fear that some teachers will simply remove all students from their classrooms.  It is clear this scare tactic is promulgated by those who have neither read the legislation or do not comprehend it.  Three safety features are built into this process:  1) The LEA itself establishes the process, which includes adherence to federal and state laws;  2) The principal still ultimately makes the decision on student removal; 3) Students themselves are afforded an opportunity to explain the situation. States like Georgia, Texas, and Florida already have much more robust and stricter laws to address student discipline.   It is worth noting that in Georgia, suspension and expulsion rates have now decreased in recent years.

Children cannot learn in a classroom where their teachers spend a significant amount of time dealing with student discipline issues. It can be unsafe, for the teacher and the other students, and significantly disrupts the learning environment. In Who Killed School Discipline? author Kay Hymowitz wrote: “When students believe that the adults around them are not only fair but genuinely concerned with protecting them, the school can become a community that, like a good family, inspires affection, trust.”  We need a better process for our discipline issues to create a better public-school system.  House Bill 16/Senate Bill 230 is a step in the right direction.  

FOR IMMEDIATE RELEASE

ESA’S HAVE PASSED. WHAT’S NEXT?  [View/Download PDF]

The Tennessee Education Savings Account Act passed the Tennessee General Assembly and will be sent to Governor Bill Lee for his signature. Lee, a first-term governor, championed a more robust proposal on the campaign trail. Tennessee will become the only state to operate two ESA programs in the nation. This program, when enacted, is likely to meet a few legal challenges.

There are some who questioned the constitutionality of the legislation. The purpose of public education under the Tennessee Constitution is stated: “The state of Tennessee recognizes the inherent value of education and encourages its support. The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” Will this program still be considered part of that system? Some critics have argued that because the program targets Shelby County and Davidson County, it should be considered unconstitutional. I would suggest that is a weak argument. The exclusion of immigrant children, in our opinion, is clearly unconstitutional. In 1982, the United States Supreme Court ruled in Plyler vs. DOE that children in our country who are here illegally have the same right to attend public schools as other citizens. In addition, these children are obligated to attend school until they reach a mandatory age. That issue will need to be addressed.

For the most part, the debate this year was fairly civil and the dialogue substantive. Governor Lee has his signature legislation. Senator Johnson, Senator Kelsey, and Senator Gresham, as well as Representative William Lamberth, Representative Bill Dunn, Representative Andy Holt, and Representative Mark White, led the effort on behalf of Governor Lee in the Tennessee General Assembly. There was quite a bit of opposition from groups like the Tennessee Organization of School Superintendents, Tennessee School Boards Association, and Professional Educators of Tennessee. There were ancillary groups, some from outside the state, that engaged for and against the legislation. US Secretary of Education Betsy Devos also made an appearance.

So, what happens next? After the governor’s signature and effective date of enactment, the state will start to roll out the program. There may be legal challenges on the program. Likely, the most valid issue that may need to be addressed is the lack of inclusion of immigrant children to become compliant with the Plyler case. Whether this goes to the Tennessee Supreme Court or the United States Supreme Court will largely depend on which party brings forth a legal challenge and in what venue. That may necessitate a review of the legislation by a future Tennessee General Assembly.

Supporters of the program wisely never identified ESAs as the solution to all the problems in public education. And clearly it isn’t. In the end, just like magnet schools, community schools, and charter schools, ESA’s will be viewed as another reform effort. Its success or failure will largely be defined by the students who participate in the program. Regular public schools will remain the choice of the vast majority of children in our state.

For those who opposed the legislation, it is time to move forward. Let’s keep the dialogue going. It means moving forward while we champion innovative approaches that encourage our schools and their communities to work together and design solutions without bureaucratic hurdles. No “one size fits all” strategy will work in every school or district. This is a recurring premise among those of us who believe in local control of public education. It is more important than ever for our state’s children to receive high-quality education. Schools and districts must be nimble, responsive, equitable, and innovative. For that to occur, we must champion fewer regulations and more freedom and flexibility - especially in our higher achieving districts.

FOR IMMEDIATE RELEASE

BELIEVE IN PUBLIC EDUCATION  [View/Download PDF]

I believe in public education. I also know that there is no one size fits all strategy that will work in every school or district. This is a recurring premise among those of us who believe in local control of public education. A one size fits all solution is in effect no solution.

Public Education is the only hope for many children across Tennessee. Too many politicians give the impression that our schools are failing. They are not. However, we must acknowledge that there are pockets in our state that are not doing as well as others. An end to “social promotion” and being focused on improved literacy, particularly by grade 3, would undeniably help. The vast majority of our schools are incredibly successful, as are the teachers who serve and students who attend them.

Legislators have put forth many policy ideas this legislative session: some good, some necessary, and some harmful to public education. The policy debate will occur among stakeholders and policymakers. Proposals regarding parent codes of conduct, limitations on school suspensions, union-controlled community schools, and education savings accounts are still being debated. There have been several attempts to address testing, but none have gained necessary lawmaker support - yet.

The high-stakes testing culture has killed the passion of many educators. Although we need testing to measure the progress of our students, we should recognize that these tests are often unreliable in evaluating teachers and schools. We should pursue reliable standardized tests that provide accurate feedback for educators, parents, and students. No single test should be a determinant of a student’s, teacher’s, or school’s success. A true measurement of progress should instead consist of several benchmarks, not just testing.

In education debates, we need to keep the focus on what is important: everyone working together to improve public schools for the benefit of all children. And we must work with all stakeholders in public education, regardless of political party or perceived agenda. No person or group has all the answers. We should all roll up our sleeves as stakeholders and policymakers to work and make public education succeed for all of our children. Our shared future depends on it.

The late Justice Antonin Scalia, discussing his friendship with Justice Ruth Bader Ginsburg: "I attack ideas. I don’t attack people. And some very good people have some very bad ideas. And if you can’t separate the two, you gotta get another day job."  We should heed that guidance in education debates as well.

Educators in the trenches are doing incredible work. Never before in history has more been demanded of our educators. Kay McSpadden, a high school English teacher, points out, “Our middle-class and wealthy public-school children are thriving. Poor children are struggling, not because their schools are failing but because they come to school with all the well-documented handicaps that poverty imposes – poor prenatal care, developmental delays, hunger, illness, homelessness, emotional and mental illnesses, and so on.”

Future legislative efforts must focus on breaking down the bureaucratic barriers that have kept educators and school districts from pursuing solutions to the unique challenges of their communities. As a candidate, Tennessee Governor Bill Lee promised to “pilot innovative approaches that encourage our schools and their communities to work together and design solutions without bureaucratic hurdles.” We fully embrace that strategy and will continue to support that approach at the Tennessee General Assembly.

We believe most public schools need fewer regulations and more freedom and flexibility - especially our higher achieving districts. By giving districts greater autonomy they could redirect time away from burdensome paperwork and focus more on students. Robin Lake, of the Center on Reinventing Public Education, points out, “Schools must be nimble, responsive, equitable and innovative.”

Education can open doors to incredible opportunities that would have never been possible were it not for the education that one received while in school. With inconsistent and changing economic times, it is more important than ever for our state’s children to receive high-quality education and training. Malala Yousafzai reminds us, "One child, one teacher, one book, one pen can change the world."

Education policy must support children in developing the skills, the knowledge, and the integrity that will allow them to be responsible, contributing members of their community and ultimately gain employment with a sustainable living wage. Public education provides the best opportunity for most children to obtain success. We must all believe in public education.

FOR IMMEDIATE RELEASE

SCHOOL SAFETY PROPOSAL PRIORITIZES SROS AND ADDITIONAL SAFETY MEASURES   [View/Download PDF]

Tennessee Governor Bill Lee announced on Thursday a new investment in school safety to better protect teachers and students and prepare against the threat of violence.

“The safety of our children and teachers is a top priority for my administration, and this investment ensures that school districts will have the resources they need to better protect our schools,” said Lee.

This was a high priority for Professional Educators of Tennessee, according to the executive director of the organization JC Bowman. The organization conducted a statewide assessment on safety in 2018. Hamilton County Sheriff Jim Hammond and Bowman also conducted a well-publicized School Safety Town Hall in Hamilton County in 2018. 

Gov. Lee is proposing a $40 million investment for the school safety grant fund. Legislation filed will provide additional changes to existing law to prioritize the distribution of these grants to school resource officers.

Approximately 500 Tennessee schools do not currently have SROs, and changes to the law will enable them to fill these positions. The proposal also accommodates underserved counties working to secure schools and fill SRO positions by adjusting limited match requirements to be proportional to districts’ fiscal capacity.

“Several members of the legislature have begun working on school safety measures,” said Lee. “We commend their efforts and look forward to working together to protect our students and teachers.”

The new funding plan also enables schools that currently have an SRO to pursue grants to fund other safety priorities such as implementing building security measures or developing innovative violence prevention programs.

“While we are providing resources for additional security measures for our schools, districts need to also consider programming that identifies students who are in need of intervention,” said Lee. “Security is paramount, but we must also double down on efforts to identify harmful situations before they arise.”

The Department of Safety and Homeland Security and the Department of Education will jointly oversee programming and grant funds while also providing threat assessment tools.

“One of the highest priorities we can have in American society is the safety and protection of children - and the men and women who teach them” according to Bowman. He added, “we think this is a very positive step in keeping our schools safe and reducing school violence.”

FOR IMMEDIATE RELEASE

LEGISLATION THAT HURTS SCHOOL DISCIPLINE  [View/Download PDF]

I am a very positive person. I am “that person” who jumps out of bed in the morning excited to just be awake. That can be annoying to my wife. Especially if she hasn’t had her coffee.

I rarely feel the need to be blatantly critical of bad legislation. I will normally talk with the bill sponsor about how we can support their legislation, and/or suggest subsequent changes. However, there are two pieces of legislation that will be heard in the K-12 Subcommittee on Wednesday, February 20, 2019, of which I think folks need to be aware. We can all agree that teachers are underpaid, overworked, and underappreciated. However, I simply cannot reconcile the continued barrage of top-down legislation by the Tennessee General Assembly with the needs of educators, which merely add to the workload - and increase state and local expenses. Especially given the likelihood it will not help students. Here are two bills just this week that are good examples:

HB 0405/SB 0107. Adverse Childhood Experiences Assessment. We can all hope that no child is ever suspended or expelled from public schools. Every day across Tennessee, our educators work with children who have experienced physical abuse, verbal abuse, sexual abuse, physical neglect, and emotional neglect. However, this proposed legislation does little to prevent and address the consequences of adverse childhood experiences or promote healthy development and well-being among children, youth, and families. This legislation places greater responsibility in addressing societal issues squarely upon the school, teachers, and administrators by limiting the ability to discipline misbehavior. Research is needed to understand the variable effect of adverse childhood experiences across children and move toward evidence to guide recommended prevention and treatment approaches in public education, as well as in the wide range of community-based contexts in which adverse childhood experiences assessment, education, and interventions might take place. Legislators should take note that a great deal of variability exists within risk groups; further assessment of positive and negative deviance in outcomes and effects for otherwise similar groups of children might prove especially valuable, and would ideally occur in the context of longitudinal studies. Existing longitudinal studies should consider including adverse childhood experiences and related variables for this purpose. This should be done before a kid ever gets in trouble if this is a concern.

Transparency is the key to any disciplinary issue, and the process must be explained and understood. However, the cause and effect of not disciplining certain children may create more problems in schools. Jody Stallings, a nationally renowned teacher recently wrote: “The best way to keep students in school is to increase the number of suspensions.” He added: “In many schools, kids can bully peers, assault teachers, sexually harass classmates and create major disruptions; yet nothing is ever done about it. Then we worry about test scores and achievement gaps while the biggest obstacle to fixing those things is right there in the classroom every day: disruptive students. There is a solution. Put them out.” That is a harsh assessment, but probably has more of a chance of success than this suggested legislation. While there may be valid reasons to study the consequences of adverse childhood experiences a child is dealing with, and we must show compassion to all children, this legislation is like asking a fireman to analyze the cause of a fire before extinguishing the blaze. When you have a fire, you want the firefighter, not the arson investigator. We think the legislation is worth a discussion, nothing more. In the end, it does little to address chronic misbehavior issues. We oppose the legislation that mandates and requires ALL LEA’s to create a policy requiring schools to perform an Adverse Childhood Experiences Assessment before a disciplinary issue involving suspension, including in-school suspension or alternative school, or expulsion. If a district chooses to adopt this policy, they can do it now without further legislation. A better message for legislators to send would be that students must realize that their actions have consequences and for parents to help re-enforce that position.

HB 0767/SB 0820 Required Training in Restorative Justice. On the left, Restorative Justice represents a perceived fight against racism. On the right, the guidance represents a bungled top-down government intervention that allows misbehavior to go unpunished. Rather than engaging in political rhetoric, we examined the comprehensive study by the RAND Corporation on this subject. The RAND Corporation is considered the gold standard in social science research. The findings: restorative justice led to safer schools, but also hurt black students’ test scores. We can all agree that disciplinary processes must become more transparent. The U.S. Department of Justice and the U.S. Department of Education on December 21, 2018, withdrew their statements of policy and guidance on Restorative Justice. In light of this action, we oppose mandatory training for ALL employees in an LEA. Any district that wishes to engage in such training should be free to engage in training. The results should be studied and shared with the state. The state has a responsibility to vigorously enforce civil rights protections on behalf of all students. The robust protections against race, color, and national origin discrimination guaranteed by the Constitution, Title IV, and Title VI remain unchanged and continue to be vital for educational institutions in the United States. This legislation, if rejected, will not change those policies.

Julie Marburger, a sixth-grade teacher at Cedar Creek Intermediate School in Texas describes what many educators are experiencing when she posted: “People absolutely HAVE to stop coddling and enabling their children. It’s a problem that’s going to spread through our society like wildfire. It’s not fair to society, and more importantly, is not fair to the children to teach them this is okay. It will not serve them towards a successful and happy life.”

One teacher in Florida was even fired for giving students zeroes who didn’t hand in work. Teacher Diane Tirado stated: “I’m so upset because we have a nation of kids that are expecting to get paid and live their life just for showing up and it’s not real.”

K-12 Chairman John Ragan, Representatives Kirk Haston, Iris Rudder, Terri Lynn Weaver, Mark White, and John Mark Windle understand, I hope, that a top-down approach simply does not work in education. We need discipline policies that districts and schools themselves choose. Our teachers need more support, not more unproven fads that require more work by educators for unproven results. Lack of student discipline, inadequate administrative support, and lack of respect are frequently cited why teachers leave the profession. This legislation does not help. Let your legislators know your opinion.

FOR IMMEDIATE RELEASE

PANELS, TOURS, AND TESTING  [View/Download PDF]

I have grown fatigued with blue ribbon panels or listening tours. I have never found either strategy very useful in formulating public policy. Especially when that policy is agenda-driven, with pre-determined outcomes. I am also not a gambler (sorry Kenny Rogers). I understand that the house always comes out the winner in the end. A casino has a business model premeditated to ensure its success. Much like a blue-ribbon panel, or a listening tour.

From a political standpoint, why would the state of Tennessee try to conduct a listening tour at this time? We are in the middle of election season and the Governor is in his final days. What more can he add to the education debate after 8 years, that he hasn’t already tried? All stakeholders want to get testing right. We have already had an Assessment Task Force, which has done a pretty good job of collecting input and holding serious discussions. The state has already been engaged in an open conversation about assessment and ways to improve administration of tests. We have already gathered feedback on the delivery of state assessments. We simply have not executed the plan. There are just a few vendors across the nation who have the resources and ability to be selected as the state’s next assessment partner. We have been through several of those vendors already---and were disappointed by those results.

If the state wants to discuss how to better provide schools, educators, parents and students with meaningful and timely results from assessments, then we better figure out how to get the results back to those in the classrooms capable of making better academic decisions for students. We will want to provide baseline assessments of learning/study skills, identify areas of potential academic concerns, highlight learning strengths/weaknesses, and provide effective and efficient strategies in getting academic intervention when needed by students. This is something unlikely to occur on a listening tour and is already known by the K-12 Community.

We can and should discuss the value that assessments can provide. We must also discuss how the emphasis on testing is missing the bigger issue: student academic growth measured by flawed testing. Then the results being used in educator evaluations. This is certainly more problematic to educators than the actual tests themselves. It should be problematic to parents as well. When two superintendents raised the testing issue and requested a pause in testing, Commissioner McQueen correctly pointed out that as a condition of receiving federal funds, the feds through Every Student Succeeds Act (ESSA) requires state education agencies to implement statewide assessments. Many states exceed federal requirements. McQueen pointed out that “both state and federal law require an annual statewide assessment.” So, if we want a discussion on testing perhaps we should be directing at the Federal Branch as well? Should we not also look at our ESSA Plan while doing this pointless tour? The initial ESSA plan was based on feedback from thousands of Tennesseans over the course of a year.

How did we get here? With an infusion of $501 million federal dollars of Race to the Top money our state hurried to increase standards by adopting Common Core, which was soon corrected by moving back to state standards. We then increased testing, changing both format and frequency. Tennessee also adopted new evaluation methods. The teachers’ union supported the incorporation of TVAAS data into the state’s teacher evaluations, which landed Tennessee $501 million from the federal Race to the Top grant in 2010.

Former Governor, Phil Bredesen, said that former Senator Bill Frist had contributed a lot to the state’s proposal, but that his own role in persuading the Tennessee Education Association, a teachers’ union, to sign on had been important, too. So, how do we get out of this mess? It probably won’t be the result of a listening tour. And our next Governor had better put forth policy ideas pretty quickly, or he will be saddled with an unworkable plan right out of the gate---just like Governor Bredesen and Governor Haslam. The people who got us into this mess, probably aren’t the people to get us out of it.

FOR IMMEDIATE RELEASE

Janus Case a Victory for Workers’ First Amendment Rights [View/Download PDF]

The US Supreme Court decision announced today, Janus v. American Federation of State, Country, and Municipal Employees, Council 31, reaffirms the First Amendment, especially people’s freedom of association. The ruling today eliminates compulsory unionism, which requires individuals to join a union as a condition of employment. It will influence the cycle where government unions collect compulsory fees from government workers and then use it to help elect pro-union politicians to achieve and maintain political power — who then empower and enrich the government employee unions.

Professional Educators of Tennessee, Executive Director JC Bowman added:

“No American worker should be forced to become or remain a union member. People should be free to join, or not join any organization or union they want, without losing their job or be forced to pay for political agendas with which they disagree based on political or ideological purposes. The Janus Decision will not create drastic structural changes to unions. It will simply make them more accountable to their own members. And in the case of teacher unions, this greater accountability should focus on making the quality of education front and center, help public education rebuild support from the public for issues like raising teacher pay and school funding, and work for the common good of all students and educators.”

To read about the Janus Case, click here: United States Supreme Court Decision.

FOR IMMEDIATE RELEASE

TNREADY LEGISLATION AND ACCOUNTABILITY [View/Download PDF]

“If you don’t understand — from the school district to the superintendents — that we want our teachers held harmless, then I’m sorry, you’re tone-deaf,” said State Representative Eddie Smith. 

That message was heard and understood statewide. Yesterday the state issued two very important guidance documents that make clear that message was released by the Tennessee Department of Education. Professional Educators of Tennessee, along with many others were privileged to work with the Department of Education and add our input. In addition, we will be putting together a webinar on this matter.

The guidance that the Department developed was a result of thoughtful and collaborative efforts to ensure that our state follows all state and federal laws. The new legislation that states that no adverse actions for students, teachers or schools will result from the 2017-18 TNReady administration. These two key documents, which were shared with districts and schools today, are posted on the state website, along with a list of initial improvements the state is making to the state assessment program:

·         Detailed Evaluation Guidance (here)

·         FAQ that provides an overview of the various areas the new laws impact, including student, education, school, and district accountability (here)

Some highlights from these documents:

·         We will still follow the Tennessee Teaching Evaluation Enhancement Act of 2015, which adjusted the growth component of teacher evaluation for a multi-year period, and we will provide educators with the best possible option for calculating their level of overall effectiveness (LOE). In addition, educators who have 2017-18 TNReady data included in their composite will have the ability to nullify their entire LOE score this year IF they choose.

·         Regarding school accountability, rather than issuing A-F grades, we will provide information on school performance based on the various indicators in our ESSA plan, but we will not publish an overall summative label. No adverse action will be taken against a school based on 2017-18 TNReady data. We will still name Reward and Priority schools, but no school will be identified as a Priority school using 2017-18 TNReady data.

·         Districts can decide whether TNReady data factors into students’ scores. If a district chooses to do so, then that cannot result in a lower final grade for a student. This means that districts may include scores for some students and exclude scores for others, or a student may have TNReady scores included for some specific subject areas and not others.

We believe everyone at the Department of Education by issuing this guidance, are seeking to follow the letter of the law. Look for an announcement of the webinar coming soon, within the next few days.

FOR IMMEDIATE RELEASE

JUSTICE FOR ALL: PAYROLL DEDUCTIONS  [View/Download PDF]

I took part in a leadership survey conducted by an advisor to numerous Fortune 500 Companies which asked me to list three people I consider heroes. Without hesitation I listed William Wilberforce, Martin Luther King, Jr., and Ronald Reagan. As we were reviewing the results, he asked me why I chose those people. I told him Wilberforce brought life-long determination to right injustice, King defined injustice in stark terms that everyone could understand, and Reagan brought a rare vision of the world where God takes the side of justice. He said in all of his years, nobody had ever picked William Wilberforce and he commended me on my choices, and consistent theme.

This legislative session, I have watched as justice on teacher payroll deductions were beaten back by a trio of lobbyists and former Republican legislators on behalf of the teacher’s union. There are many reasons these individuals are former legislators. I would never trade my conscience for a paycheck.

Let me explain the issue. One group of teachers gets a benefit, which the rest of the teachers do not get. Chuck Cagle, a well-respected education attorney for Lewis – Thomason, and General Counsel to the Tennessee Organization of School Superintendents wrote in 2016: “if dues deduction has been the subject of conferencing and is included in the Memorandum of Understanding, the deductions are available for all teacher organizations whose members request it.” Then he added: “Further, the LEA may not promulgate a policy that establishes an arbitrary minimum membership threshold in order to receive this benefit.”

I strongly agree with Mr. Cagle. The minimum membership threshold which seemed to frustrate the passing of the payroll deduction bill is arbitrary and capricious, and the failure to provide payroll deduction to ALL teachers violates pertinent sections of the 14th Amendment of the United States Constitution. The policy must be the same for all teachers, regardless of their membership in an organization.

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides that no state shall deny to any person within its jurisdiction “the equal protection of the laws.” It is our belief that the state and most school districts in the state are violating the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution by denying non-union teachers a benefit extended to the “similarly situated” union teacher.

Keep in mind, Tennessee Code §49-5-602(9) defines a “Professional employees’ organization” as any organization with membership open to professional employees…in which the professional employees participate and that exists for the purpose of promoting the professional status and growth of educators and the welfare of students.”

Last legislative session there was an attempt to stop payroll deduction for the union. Many legislators openly questioned the utilization of payroll deductions for political activities by the union. Our position was straightforward: we want the law applied equally and we do not endorse or support political candidates with our member’s dues. Our belief: either every teacher gets the same rights, or the right should not be extended to one group of teachers, at the expense of all other teachers. Justice should be blind and the personal freedoms of individuals require that the common government of all should not pick winners and losers.

Last year, during the argument on banning payroll deductions for the union, the cost incurred by school districts was stated as not significant to implement. This year to add the payroll deduction on behalf of non-union teachers the cost was estimated to be around $100,000. This cost increase did not make sense, nor were the union dues accurate in the fiscal note. Union dues are currently around $600 a year, not $187 as listed in the fiscal note. This error should be corrected on the fiscal note submitted by the Tennessee General Assembly Fiscal Review Committee. Our dues are $189 a year.

The question to ask legislators is, “Why do you oppose fairness for all educators? Have political contributions entered into the debate and given union members preferential treatment? Why was the legislation HB 356/SB 404, which passed almost unanimously both the Senate and House Education Committee, killed in a House Finance sub-committee? And if you support payroll deductions for all professional employee organizations, why can’t we pass a simple bill?”

An alternative remedy is to file a lawsuit in federal court seeking protection and application of the 14^th Amendment of the US Constitution. It should be noted that both union and non-union organizations have previously filed suit on this basis with some success. While lawsuits are the least preferred method for public policy, it may be the only option at some point. It would stand to reason that the state would want to ensure equal protection of the laws to any person within their jurisdiction, in this case public school teachers.

Like William Wilberforce, I am determined. Like Martin Luther King, Jr., I despise injustice. And like Ronald Reagan I believe God is firmly on the side of justice. The question is when will our legislators join the fight for all teachers?

FOR IMMEDIATE RELEASE

Just One Teacher  [View/Download PDF]

JC Bowman

Eighty-thousand Tennessee teachers can do everything right at their school and in their classes, and one teacher can do something horrendous and give the other 79,999 a bad name. It takes just one teacher to cause irreparable damage.

After all the facts are gathered in the ongoing Maury County case involving a 50 year-old male teacher and a 15 year-old female student, we will see legislative changes that will be directed at helping curb future inappropriate student-teacher activity. This one teacher has created problems for the family of the student, his own family, his community, his school, and his peers.

Unfortunately, we know that sexual abuse and exploitation of children is a growing problem in our society. We should not be shocked when sex offenders seek employment in jobs where they have contact with children such as churches, schools, youth groups, hospitals, and social services. We have to do a better job of screening applicants in those fields. Jennifer Fraser, an abuse survivor herself wrote: “If adults can’t recognize abusers, children are even less likely to realize that what’s happening is abuse and that it is doing damage of a kind they can’t see.”

We must carefully make sure that we are protecting all of our minor children in public education. However, we have seen many false claims made against a teacher, and once an accusation is made it is nearly impossible to restore a teacher’s reputation. It is a difficult balancing act. There will never be a perfect system.

ABC News reported that the “FBI and the Justice Department do not keep statistics on the frequency of sex-related assaults involving teachers and students.” However, the “most recent statistics from the Bureau of Justice on school violence show that students are more likely to be sexually assaulted outside school grounds.”

It is atypical for victims, especially children, to disclose sexual abuse at the time it is happening. They fear being blamed for their supposed consent to the abuse. In addition, they fear losing the “approval” of their abuser. They also do not want to disappoint their parents. Many victims wait years, if they report the abuse at all, to talk about what happened to them.

Dr. Kit Richert identified physical indicators of sexual abuse such as pain, itching, bleeding, swelling, or bruising in the genital or anal area; blood in the child’s underwear; frequent bladder infections; STDs; pregnancy in pre-teen girls; and complaints about headaches and sickness. The behavioral indicators of sexual abuse are: sudden change in the child’s normal behavior, starts acting differently; depression or suicidality; running away; regression to more childlike behavior; changes in relationships to adults, such as becoming more clingy or more avoidant; lower school engagement and lower achievement; exhibits sexually provocative behavior or becomes promiscuous; the child has or talks about friends that are unusually older; the child talks about having sex or being touched; and the child is extremely avoidant of undressing or physical contact at school.

The good news is that there are a number of resources available to empower stakeholders to prevent sexual misconduct and abuse in schools. One organization, Stop Educator Sexual Abuse, Misconduct and Exploitation (SESAME) is the national voice for the prevention of sexual exploitation, abuse, and harassment of students by teachers and other school staff. Their 5-point strategy includes:

1.      Increasing public awareness of educator sexual abuse by breaking the silence in a strong and united voice.

2.      Fostering recovery of survivors through mutual support and access to information.

3.      Encouraging survivors of educator sexual abuse to report their offenders to local law enforcement officials and state education department credentialing offices.

4.      Insisting upon implementation of and adherence to child-centered educator sexual abuse policies, regulations, and laws.

5.      Directing attention to the maintenance of proper boundaries between school staff and students by promoting annual training, the adoption of professional standards, and codes of ethics.

It takes one teacher to give all teachers a bad name, especially if it involves an adult sexually abusing a child. We all are victims when one teacher betrays the trust bestowed upon them by a community to educate our children. There are many survivors in our midst. We simply have to do a better job of protecting our children.

FOR IMMEDIATE RELEASE

GAS TAX INCREASE CREATES PROBLEMS FOR SCHOOL BUDGETS  [View/Download PDF]

Public education must remain a high priority in Tennessee. We hope that is reflected in Governor Haslam’s State of the State tonight. We have made a strong commitment in the terms of taxpayer dollars. We have simply played catch-up the last few years, especially in regards to funding our public schools.

The Tennessee Constitution set forth the purpose of public education: “The state of Tennessee recognizes the inherent value of education and encourages its support. The General Assembly shall provide for the maintenance, support and eligibility standards of a system of free public schools.” It is worth the reminder to reflect on that purpose, as we enter legislative session at the Tennessee General Assembly.

Living and working in Nashville, and operating a motor vehicle, it is clear that “Music City” is also “pothole city.” We have no problem with increasing the budget to spend more on improving our roads, in which we all derive the benefit. Under Governor Haslam’s proposal, we would pay an additional 7 cents per gallon on gasoline and 12 cents per gallon on diesel in Tennessee. In addition, the plan would reduce the state's grocery sales tax rate to 4.5 percent, down a half-percentage point.

Our concern is the impact upon public education and local school budgets. Public schools are funded through local property taxes, local option sales taxes, and licenses, permits and other fees. State education funds are largely provided through the BEP formula, which is determined by the governor and state legislature. Capital expenditures are accounted for separately.

So, the concern for a gas tax hike on public schools is simple. On average, the gas mileage of a school bus is about 7 miles per gallon. Most large transit buses (Pugnose style and Hooded) are diesel, while Special Education buses or smaller buses operate on are gas. School buses that are diesel and will now have to pay 12 cents per gallon more, unless they are specifically exempted under the new proposal.

The bulk of the funding for our local schools comes from sales tax and property tax. A reduction in sales tax, most assuredly will result in a property taxes hike to make up loss of revenue. Any gas tax increase must not impact public education by increasing costs, while reducing revenue. Now that they are aware of the problem, policymakers cannot deflect responsibility on this issue and must carefully ensure schools are not yet subjected to a shift in state policy that will result in harming our already fragile school funding.

Contributor: Anna Thorsen

1. Don’t be One Dimensional.
   If you are that parent that always and only talks about one topic, teachers and administrators will begin to avoid you. They will see you coming and know that you are going to harass them about something they did wrong with your child again. If communication ends - it is terrible for your child. You must, at all costs, keep communication flowing. I advise parents to do this is by only talking about a child’s issues periodically in causal encounters. For example, if you run into the teacher in the hall - DO NOT accost her with “I saw my child’s grade on math - did you give her the accommodation she needs?” No. Instead, say hello to the teacher, tell a funny story unrelated to your child, ask about how she felt about a recent field trip - anything - to show that you are not one dimensional. 
   
   
2. Make yourself Invaluable to your School/Teacher.
   Show that you are a team player for your school. Show up as a chaperone. Offer to mentor another child. Volunteer for the school dance. Anything to show teachers and administration that you are dedicated to the school and want to be a part of the team. If they see you donating your time, they will be more willing to help you.
   
   
3. Show your soft side.
   Don’t be a bull in a china shop. Try to connect with teachers and administrators on an emotional level. They are humans, too. Many of them have kids. Many of them have been through very hard things in life. Use emotion words like “I am scared for my child” or “I have been losing sleep worrying.” Those are things people can connect with on a human level. It makes people want to help you more than when you walk in demanding certain things be done.
   
   
4. Bring conversations back to your child.
   Remind people in meetings that you are talking about a real, live child, and not a data point. Bring a picture of your child. Bring a video of your child. Ask for your child to come by the meeting to tell the school group things are going well and things that are hard. Tell the school about your child’s dreams and abilities outside of school. Once the team connects with you and your child, you will be more successful. We, as humans, help people we know and have a harder time denying someone what we have a connection to.
   
   
5. When all else fails, don’t be afraid to be a bull in a china shop.
   If nothing above works, you have to be willing to take it to the next level until you get what your child needs. There are just some schools (very few) that only respond when forced. It is a shame, but it is true. It is a very hard position to be in, but I always advise to first try to assume the school will do the right thing, and only elevate it when you have no other options.