Who Is In Charge

Lawmakers: Increase education spending, but keep courts out of school funding debate

PHOTO: Flickr

State legislators easily passed a bill Tuesday to increase funding for public education next year, while also voting narrowly in favor of a constitutional amendment that would give judges less say over school funding.

The House Administration and Planning Committee unanimously approved Gov. Bill Haslam’s budget plan, which would increase education funding by $261 million including more investments in technology, teacher salaries, and English language learners. The bill also would codify the state’s funding formula, which has been in flux for more than two decades, with three court decisions spurring the legislature to overhaul the way it funds public schools.

The committee then voted 7-5 in favor of a resolution to amend the Tennessee Constitution to emphasize the General Assembly’s role in setting education policy. The sponsor, Rep. Bill Dunn of Knoxville, says the amendment, which eventually would require a referendum vote by Tennesseans, is designed to block “tyrannical” judges from demanding certain education policies, including possibly more funding.

Dunn cited Kansas as an example of courts overstepping their bounds. There, a 2014 State Supreme Court ruling identified unconstitutional disparities among school districts and ordered the legislature to address them by a July 1 deadline. Then a lower court recently ruled that the law put in place by the Kansas legislature to fix the disparities is inadequate.

“We see across the country that there are judges stepping in saying no, we’re going to make the policy for our school system,” Dunn said.

Dunn was pressed on students’ rights to an equitable education by Rep. Kevin Dunlap, a Democrat from Rock Island, who credits his public school education in part to increased school funding that resulted from court orders. Dunn responded that he supported past lawsuits that led the legislature to boost education funding, but is concerned about potential judicial overreach in the future.

It’s not clear how either the proposed constitutional amendment, or the governor’s proposed budget, would impact two current school funding lawsuits against the state filed by school boards in Shelby and Hamilton counties, along with six smaller districts.

Dunn said he has not yet received a response from the state attorney general about how the proposed amendment would affect the state constitution’s equal protection clause, which was key in a court ruling that led the legislature to craft Tennessee’s Basic Education Plan (BEP) in 1992, as well as the 2002 lawsuit that prompted BEP 2.0.

The legislature passed BEP 2.0 in 2007 but, because of the Great Recession, it has never been fully funded. Instead, Tennessee has been using a hybrid of the two BEP formulas. The administration’s bill, based on two years of review, proposes to stick with that hybrid.

“We’ve taken a really focused effort to look at the way we distribute the dollars,” said Stephen Smith, deputy commissioner of education. “In the end, when we looked at the outcomes, we really feel like what we’ve been doing the past nine years is an appropriate way to distribute the dollars.”

But that likely won’t appease districts seeking more money and changes to the funding formula. In March, seven school districts in southeast Tennessee, led by Hamilton County Schools in Chattanooga, filed a lawsuit charging that the state has created a system that shifts the cost of education to local boards of education, schools, teachers and students, resulting in education inequality across the state. The state has urged dismissal, arguing that the legislature has leeway in funding K-12 education, an argument that likely would be bolstered under the proposed constitutional amendment.

Shelby County Schools’ lawsuit maintains that the state doesn’t provide enough funding for its most vulnerable students.

2016edbilltracker

Despite the legal questions, Smith told lawmakers that districts should rejoice over education spending increases. Districts would get $178 million more for teacher salaries than the amount guaranteed by BEP 2.0, he said. Smith added that the budget bill mandates that districts who pay teachers below the state average spend money allotted for teacher pay on actual salaries, not insurance costs, so teachers can feel the difference.

“This is a record investment for education,” Smith said.

Both Dunn’s amendment resolution and the budget proposal will be heard next in the House Finance Committee.

meet the candidates

These candidates are running for Detroit school board. Watch them introduce themselves.

Nine candidates are vying for two seats on Detroit's school board in November. Seven submitted photos.

One candidate tells of a childhood in a house without heat.

Another describes the two-hour commute he made to high school every day to build a future that would one day enable him to give back to Detroit.

A third says her work as a student activist inspired her to run for school board as a recent high school grad.

These candidates are among nine people vying for two seats up for grabs on Detroit’s seven-member school board on Nov. 6. That includes one incumbent and many graduates of the district.

Chalkbeat is partnering with Citizen Detroit to present a school board candidate forum Thursday, Sept. 20 from 5:30 p.m. to 8:30 p.m., at IBEW Local 58, 1358 Abbott St., Detroit.

Participants will have the opportunity to meet each candidate and ask questions in a speed-dating format.

In anticipation of that event, Citizen Detroit invited each of the candidates to make a short video introducing themselves to voters. Seven candidates made videos.

Watch them here:

School safety

Report lists litany of failings over police in Chicago schools

PHOTO: Scott Olson/Getty Images
Police officers stand alongside Lake Shore Drive in August as protesters decry violence and lack of investment in African-American neighborhoods and schools

The Chicago Police Department doesn’t adequately screen and train the officers it assigns to Chicago Public Schools, and their roles in schools are poorly defined, according to a sharply critical report released today by the Office of Inspector General Joseph Ferguson.

The report lists a litany of failings, including basic administration: There is no current agreement between the police department and the district governing the deployment of school resource officers, or SROs, and neither the schools nor the police even have a current list of the officers working in schools this year.

The inspector general’s report also mentions several sets of SRO resources and best practices created and endorsed by the federal government, then notes that Chicago hasn’t adopted any of them. “CPD’s current lack of guidance and structure for SROs amplifies community concerns and underscores the high probability that students are unnecessarily becoming involved in the criminal justice system, despite the availability of alternate solutions,” says the report.

Chalkbeat reported in August about incidents in which SROs used batons and tasers on students while intervening in routine disciplinary matters.

Scrutiny of SROs is nothing new, and is part of the broader CPD consent decree brokered this week between Mayor Rahm Emanuel and Illinois Attorney General Lisa Madigan. That agreement calls for better training and vetting of SROs, as well as a clearer delineation of their roles on campuses—including a prohibition against participating in routine school discipline — beginning with the 2019-20 school year.

Read more: How the police consent decree could impact Chicago schools

But the report from Ferguson’s office says that the consent decree doesn’t go far enough. It chastises police for not pledging to include the community in the creation of its agreement with the school district, nor in the establishment of hiring guidelines; and for not creating a plan for evaluating SROs’ performance, among other recommendations. In addition, the report criticizes the police department for delaying the reforms until the 2019-20 school year. A draft of the inspector general’s report was given to the police department in early August in hopes that some of the issues could be resolved in time for the school year that began last week. The police department asked for an extension for its reply.