Tennessee Senate, House at odds as changes roll in on statewide voucher proposal

Sen. Jack Johnson, R-Franklin, left, talks on the Senate floor in 2021.
Sen. Jack Johnson, R-Franklin, left, talks on the Senate floor in 2021.
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Tennessee lawmakers are days away from a first vote on Gov. Bill Lee’s proposed statewide school choice program, but the two legislative chambers have already begun to clash over the details as a deluge of proposed amendments to the proposal are rolling in.

According to an advance copy of the governor's final proposed legislation obtained by The Tennessean, Lee’s Education Freedom Scholarships would offer taxpayer-funded grants to 20,000 students to attend private schools of their choice without any annual TCAP testing or other state-monitored accountability measures for participating students.

Senate Majority Leader Jack Johnson, R-Franklin, will file the final text of the governor’s on Wednesday, according to Senate Republican Caucus spokesperson Molly Gormley.

But the General Assembly may be at odds on the issue immediately out of the gate. House Majority Leader William Lamberth, R-Portland, confirmed Wednesday night the House version of the bill will not match the Senate's.

The Senate bill will be up for consideration in the Senate Education Committee next week, and Lamberth said the House version will be up in committee as well.

The House version has not yet been filed. Lamberth declined to outline specific differences between the two versions but described potentially sweeping legislation beyond Lee's proposal.

"This bill will be an omnibus public education bill that will benefit public schools, private schools and kids throughout the entire state," Lamberth said. "It will improve education in ways that we haven't seen in decades."

In the Senate version, little has changed in the weeks since The Tennessean obtained an early draft of the bill. As finalized for introduction, the governor’s proposal does not include any testing or accountability requirements for participating students. Students in public schools are required to complete testing each year, as our students who participate in the existing Education Savings Account program, a school voucher plan for Davidson, Shelby and Hamilton counties.

“This is a parental rights bill. This is giving choice to parents to pick an educational alternative that is best for their child,” Johnson said. “It may be that their child has unique learning needs – so I'm very cautious about imposing everything that we impose on our public education system on these other alternatives.”

“Ultimately, parents will make the decision about final accountability, in my view,” Johnson added.

Sen. Jon Lundberg, R-Bristol, who chairs the Senate Education Committee, will be offering a 17-page amendment that would add testing requirements.

According to a copy of Lundberg's proposal obtained by The Tennessean, Lundberg's amendment would require program participants to take annual tests approved by the State Board of Education, require third and eighth graders to take the TCAP, and require eleventh graders to take a postsecondary readiness exam like the ACT or SAT.

Additionally, Lundberg's amendment would allow students to attend public schools outside of districts they're zoned for, essentially creating open enrollment for public schools. It would also make the Education Freedom Scholarships equal to the per-pupil funding amount determined by the TISA K-12 funding structure.

Gov. Bill Lee proposes a new statewide school choice program, Education Freedom Scholarship Act, at the Tennessee State Museum in Nashville, Tenn., Tuesday, Nov. 28, 2023.
Gov. Bill Lee proposes a new statewide school choice program, Education Freedom Scholarship Act, at the Tennessee State Museum in Nashville, Tenn., Tuesday, Nov. 28, 2023.

A fiscal analysis is not yet available for the governor's proposal or Lundberg's.

Lee has earmarked $141.5 million in his $52.6 billion proposed annual budget to kickstart the statewide program. Funding for Education Freedom Scholarships would be entirely from the state General Fund: no local dollars would fund the program, nor would money come directly from the state's existing K-12 funding formula. Lee's budget also includes $261.3 million in new funding for public schools and public school teacher salary increases.

Lee's proposal would set aside 10,000 slots in the first year for students whose families fall under 300% of the federal poverty level – about $90,000 per year for a family of four. The remaining 10,000 scholarships would be open in 2024-25 to any student who qualifies, regardless of family income.

While participation would be capped at roughly 2% of Tennessee’s school aged children during the first year, universal eligibility for any Tennessee K-12 student – regardless of family income – would open beginning in 2025. Certain homeschoolers would be eligible to participate.

Students would not be allowed participate in both the state’s existing Education Savings Accounts program and the new Education Freedom Scholarship program at the same time.

According to the final text, funds could be used for:

  • Tuition, fees, and uniforms

  • Textbooks and instructional materials

  • Tutoring services

  • Transportation fees

  • Computer hardware and technology

  • Summer school tuition, textbooks, and materials

  • Fees for dual enrollment and AP exams

  • Educational therapy services

Scholarship funds are not considered taxable income.

Lee has long advocated for offering families more school options, and says the program is aimed at empowering parents to find the best school to fit their child's educational needs. Critics of the proposal, commonly referred to as school vouchers, say it could dismantle public education in Tennessee and defund public schools. Democrats in both chambers have denounced the proposal as "a coupon program for the wealthy."

A growing number of local school districts, including in Republican parts of the state, have also voiced their opposition to the proposal.

A group from Americans United silently protest Gov. Bill Lee’s Education freedom proposal with signs “No Vouchers” at Tennessee State Museum in Nashville, Tenn., Tuesday, Nov. 28, 2023.
A group from Americans United silently protest Gov. Bill Lee’s Education freedom proposal with signs “No Vouchers” at Tennessee State Museum in Nashville, Tenn., Tuesday, Nov. 28, 2023.

As discussions on the governor’s many legislative proposals continue, Lee has invited members of the legislature from both sides of the aisle to the executive residence for meetings behind closed doors.

“The Governor shares meals with lawmakers throughout every legislative session,” spokesperson Elizabeth Johnson told The Tennessean in an email. “These gatherings are bipartisan and there is no set topic or agenda.”

More: Tennessee Gov. Bill Lee's statewide school voucher pitch: Here's what to know

The Senate Education Committee will meet next week on Wednesday, Feb. 28 at 3 p.m. The House K-12 Education Subcommittee will meet next Tuesday, Feb. 17 at 4:30 p.m.

Governor's proposed bill

014222_EducationFreedomScho... by USA TODAY Network

Sen. Lundberg's amendment

Lundberg proposed amendment to SB2787 (013336) by USA TODAY Network on Scribd

VIvian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com

This article originally appeared on Nashville Tennessean: TN Senate set to hold first vote next week on school voucher bill