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After the collapse of his statewide non-public college voucher proposal final 12 months, Gov. Invoice Lee is again with an identical plan to attempt to persuade lawmakers that Tennessee college students want one other taxpayer-funded various to conventional public faculties.
However whereas his new Training Freedom Act enjoys unified help amongst Republican leaders in each legislative chambers — a significant distinction from this time final 12 months — it’s additionally producing most of the identical issues that contributed to the 2024 invoice’s demise.
Complicating issues additional are sagging tax collections that may make it more durable to launch and maintain costly new initiatives. Additionally, an present smaller “pilot” voucher program stays under-enrolled in its third 12 months, and the scholars in it are typically performing beneath their public college counterparts.
Lee, who’s term-limited, has made the voucher coverage certainly one of his high aims since taking workplace in 2019, and lately hinted that he might name a particular legislative session to prioritize his proposal earlier than lawmakers take up different enterprise. The legislature would want to move his invoice in early 2025 to present his administration sufficient time to launch a common program this summer season, earlier than the upcoming college 12 months.
A latest ballot performed by Vanderbilt College reveals Tennessee voters are principally break up over college vouchers.
Lee is making an attempt to construct public help, although, by statewide TV advertisements that includes him, in addition to radio advertisements, all paid for by Individuals for Prosperity, a conservative political community based by the billionaire Koch brothers of Kansas.
Standing between the governor and the belief of his common voucher program in Tennessee are three large points:
Lengthy-term funding uncertainty for public faculties
State officers have estimated that about half of voucher recipients in this system’s first 12 months would come from public faculties, with the remainder already enrolled in non-public faculties or new college students coming into kindergarten.
To quell nervousness concerning the monetary influence on public faculties, Lee’s laws features a “maintain innocent” provision that basically would reimburse college districts for any funding they stand to lose when a scholar leaves to take a voucher and go to a personal college.
Additionally, voucher cash wouldn’t come out of the state’s present funding components for public faculties, however reasonably from a separate line merchandise within the finances that already has $144 million in untapped funds appropriated by the legislature final 12 months.
However legal guidelines — and budgets — can change from 12 months to 12 months, and put these pledges in danger.

Underneath the laws, it’s unclear how Lee intends to pay for reimbursements to public faculties for the primary 12 months, and in future years, particularly since participation is predicted to develop.
A future governor and legislature may take away the reimbursements, significantly if general tax collections proceed to say no beneath Lee’s 2024 initiative to scale back company and enterprise taxes in Tennessee.
On the identical time, the state could be obligated to fund the brand new statewide training program for the foreseeable future. With Lee’s plan so as to add 5,000 vouchers annually, this system may direct as much as $862 million in taxpayer funding towards non-public training prices in the course of the first 5 years, in keeping with an evaluation by Ed Belief of Tennessee.
And due to the invoice’s free restrictions on who may obtain the brand new vouchers, a lot of this system’s recipients are anticipated to return from households who already ship, or plan to ship, their kids to personal faculties.
In Arkansas, which permitted common vouchers in 2023 beneath Gov. Sarah Huckabee Sanders, greater than 80% of final 12 months’s enrollees had not attended public faculties the earlier 12 months.

In an effort to garner extra help for the Training Freedom Act, Tennessee’s invoice consists of a number of monetary advantages for public faculties.
One would redirect 80% of sports activities wagering tax income now going to pay for faculty scholarships to as an alternative assist fund college constructing and upkeep initiatives throughout the state, particularly for emergencies and for rural districts in counties designated as distressed or in danger.
However that’s solely about $70 million yearly and wouldn’t go far towards addressing the state’s $9.8 billion backlog of faculty facility wants. (Constructing a single elementary college can price as much as $60 million today, whereas a brand new highschool can price considerably extra.)
A second enticement would give each public college trainer a one-time $2,000 bonus. Many lecturers who could be eligible to obtain the cash dismiss that proposal as a diversion tactic and consider the bigger purpose of Republican leaders is to ultimately defund public faculties.
Uneven requirements for testing and accountability
The invoice would require the brand new voucher recipients in grades 3-11 to take annual state or nationwide standardized achievement exams to trace this system’s effectiveness.
That’s a departure from the state’s present Training Financial savings Account program that requires recipients to take the identical state exams as their public college counterparts in math and English language arts, which supplies an apples-to-apples comparability of academic outcomes.
The testing concern creates a quandary for Republicans.
Holding authorities accountable for the way it spends taxpayer cash is a conservative precept. However non-public faculties are much less more likely to take part in a voucher program in the event that they’re required to manage any state exams which can be based mostly on state-approved tutorial requirements.
With Lee’s new proposal, supporters now say that nationwide exams are ok to gauge how college students who take voucher cash are doing.

Detractors say that units uneven requirements of accountability for various teams of scholars whose training is being funded with the identical taxpayer cash.
To some extent, the prevailing pilot voucher program already has a differing measuring stick. Collaborating non-public faculties aren’t evaluated like public faculties are beneath the state’s new A-F college grading system to assist dad and mom gauge their effectiveness. Furthermore, in issuing grades to public faculties, Lee’s administration has elevated the significance of educational proficiency based mostly on state check outcomes. However for personal faculties receiving public funding by training financial savings accounts, it has principally touted surveys exhibiting excessive parental satisfaction in this system.
Lee has repeatedly mentioned his precedence is to present dad and mom extra decisions and management over their kids’s training.
Which college students could be included, and excluded?
Voucher supporters use the language of “college alternative” to advertise the coverage.
However non-public faculties get to decide on the scholars they enroll, not the opposite approach round — probably reinforcing discriminatory practices and widening academic disparities between prosperous college students and traditionally underserved teams.
Lee’s proposal, for instance, consists of no ensures of companies and lodging for college kids with disabilities.
Not like with public faculties, college students who attend non-public faculties aren’t protected by the People with Disabilities Training Act, which ensures kids with disabilities entry to a free and applicable training. Basically, the federal legislation requires public faculties to present these college students specialised help and companies decided collaboratively by college leaders and fogeys.
Lee’s proposal has no anti-discrimination language that may stop faculties from selectively admitting, or expelling, college students based mostly on standards that will embody colour, incapacity, check scores, household earnings, spiritual affiliation, nationwide origin, or sexual orientation.
State legal guidelines sometimes embody anti-discrimination language relating to eligibility for education schemes. Even Lee’s 2019 Training Financial savings Account legislation, which created vouchers for some college students in Memphis and Nashville, and later in Chattanooga, requires collaborating non-public faculties to certify that they’ll “not discriminate in opposition to collaborating college students or candidates on the idea of race, colour, or nationwide origin.”
The latest laws isn’t so broad in its protections.
To fulfill far-right conservatives, for instance, it particularly bars college students who can’t present that they’re in america legally from collaborating within the proposed program. That might violate federal legislation and will set the stage for an additional protracted and costly authorized problem to Tennessee voucher legislation.
Already, college students of colour, children from low-income households, and people with disabilities are sometimes ignored of faculty alternative applications because of the places and provide of personal faculties, transportation challenges, complicated admission insurance policies, and the excessive price of tuition, nationwide knowledge reveals.
With out the non-discrimination language, Lee’s voucher coverage as proposed raises the danger not solely that Tennessee’s faculties will grow to be extra racially and economically segregated, but additionally that tens of thousands and thousands of taxpayer {dollars} may circulation to so-called segregation academies that have been established within the Sixties and Nineteen Seventies for white kids in the course of the desegregation motion.
A few of these faculties nonetheless exist, though Chalkbeat has not analyzed which non-public faculties in Tennessee match that definition.
North Carolina constructed its college voucher program the identical approach that Lee has advocated for Tennessee. When it launched in 2014, this system was just for low-income households, however in 2023, state lawmakers expanded eligibility to college students of all earnings ranges and people already attending non-public college.
In accordance with reporting by ProPublica, 39 faculties that it recognized as possible segregation academies have acquired taxpayer cash from North Carolina’s voucher program.
You may learn Tennessee’s voucher invoice right here and monitor its motion within the legislature right here.
Marta Aldrich is a senior correspondent and covers the statehouse for Chalkbeat Tennessee. Contact her at [email protected].