Funding fight

Does Tennessee have to follow its own school spending plan? Court prepares to weigh in

PHOTO: Kelly Wilkinson / The Star
A first grader does his work while sitting on a bilingual rug at Enlace Academy, Tuesday, April 14, 2014. The charter school, with 55 percent English-language learners, uses a blended language learning approach.

Tennessee lawmakers voted this year to give local school districts more funding for the state’s growing population of English language learners.

Now, the state’s lawyers say Tennessee doesn’t have to follow through on its own plan.

At a hearing Friday at the Davidson County Chancery Court, attorneys for the state and Metropolitan Nashville government faced off on the issue, the latest development in a series of legal challenges by local districts over education dollars from the state.

Metro Nashville Public Schools, which serves about a third of the state’s ELL population, is seeking a court order demanding that the state provide the district with funds promised under its recently revised funding formula known as the Basic Education Program, or BEP.

State lawmakers voted this year to increase ELL funding based on a 1:20 student-teacher ratio instead of the previous 1:30 ration, but only provided Nashville with money for a 1:25 ratio. That’s about $4 million short of what was promised this school year, say Nashville school leaders.

Attorneys for the state say Tennessee isn’t obligated to follow through with its own spending plan — and that Nashville doesn’t have the grounds to seek the order in the first place.

Chancellor Claudia Bonnyman is scheduled on Sept. 26 to decide the matter. She can issue the order, deny the city’s petition, or instruct Nashville to refile its challenge as a declaratory suit, as two of Tennessee’s other large school districts have done. Should she side with Nashville, she’d likely give the state a long deadline that allows the legislature to appropriate the additional funds at its session next year.

The state says Tennessee isn’t legally required to follow the BEP, and that it provided Nashville with enough money for now, with intentions to phase in more funding eventually to meet the new BEP ratio. It says Nashville cannot prove it has a right to the additional funding, and that the courts cannot compel the legislature to appropriate more money.

Nashville’s Sept. 1 petition differs from the lawsuits spearheaded last year by Shelby County Schools in Memphis and Hamilton County Schools in Chattanooga, because it directly demands the state to pay based on the BEP formula. The other districts’ lawsuits charge that the state isn’t adequately funding public education in Tennessee and ask the court to decide what districts have a right to receive, potentially impacting districts statewide.

In its response to Nashville’s petition, the state says Nashville should follow the other districts in asking the court to address their right to education funding, rather than for a direct order to pay more money. “(Nashville) seeks a writ of mandamus that would require the General Assembly to provide funding to ELL teachers and translators in the ratios provided in (Tennessee Code),” the response reads. “… However, (Nashville) is not entitled to that writ.”

Nashville’s lawyers countered that a court order is appropriate, and that its funding case is different from those of the other large districts.

At the heart of the other lawsuits is the question of the BEP’s adequacy. Nashville’s lawyers say they’re willing to maintain for now that the state’s current funding plan is adequate; they’re just demanding that the state comply with it.

“What (the state’s lawyers) fail to understand is that (Nashville) accepts, for purposes of this lawsuit, the BEP in its current form — but demands (the state) live up to the Supreme Court’s directive that the BEP is fully funded,” Nashville attorneys wrote in their response to the state’s objection filed this week.

A 1995 Tennessee Supreme Court decision declared that the state must fund the BEP regardless of revenue.

Shelby County Schools’ case against the state is currently in discovery, meaning both sides are gathering evidence and building their cases for trial. Hamilton County’s case is also continuing since Bonnyman denied the state’s request for dismissal.

breaking

A student is in custody after Noblesville West Middle School shooting that injured another student and teacher

Police asses the scene outside Noblesville High School after a shooting at Noblesville West Middle School on May 25, 2018 (Photo by Kevin Moloney/Getty Images)

A male student shot and injured a teacher and another student at Noblesville West Middle School on Friday morning, police said.

Noblesville police Chief Kevin Jowitt said the shooting suspect asked to leave a class and returned armed with two handguns. The suspect, who police said appeared to be uninjured, is in custody and has not been identified by police.

The teacher, 29-year-old Jason Seaman, was in “good” condition Friday evening at Indiana University Health Methodist Hospital, police said. The female student, who was not identified by police, was in critical condition at Riley Hospital for Children.

News outlets were reporting that Seaman intervened to stop the shooter, but authorities said they could not confirm that on Friday afternoon.

The Noblesville Police Department has a full-time school resource officer assigned to the school who responded to the incident, Jowitt said. Local, state, and federal law enforcement agencies also responded to the shooting.

“We do know that the situation resolved extremely quickly,” Jowitt said. “We don’t know what happened in the classroom, so I can’t make any kinds of comments about what [the resource officer’s] involvement was.”

Students were evacuated to Noblesville High School on Friday morning, where families met them.

Jowitt said an additional threat was made at the high school, but they had “no reason to believe it’s anything other than a communicated threat.”

Police continue to investigate. They said they do not believe there are additional suspects. Noblesville Police spokesman Bruce Barnes could not say how the student acquired the guns, but he said search warrants have been issued.

Noblesville West Middle School enrolls about 1,300 students. Noblesville is a suburb of Indianapolis, about 20 miles north in Hamilton County. The district has about 10,500 students.

The frenzied scenes Friday outside the school have become sadly familiar. Already, there have been 23 school shootings in 2018 that involved someone being injured or killed, according to media tallies.

Just last week, 10 people were killed and 13 others were injured in a shooting at Santa Fe High School outside Houston. A student at the school has been arrested and charged.

In February, 17 people — 14 students and three staff — were shot and killed at Marjory Stoneman Douglas High School in Parkland, Florida, and a 19-year-old faces multiple charges.  The Parkland tragedy set off a wave of student activism across the country — including in Indianapolis — calling for stricter gun control.

“We’ve had these shootings around the country,” said Noblesville Mayor John Ditslear. “You just never think it could happen in Noblesville, Indiana. But it did.”

Noblesville Schools Superintendent Beth Niedermeyer praised the “heroic” efforts of school staff and students, saying they followed their training on how to react to an active shooter situation.

Barnes also hinted at the broader trauma that school shootings can have on students and communities.

“We ask for your prayers for the victims in this case,” he said. “I think that would include a lot of kids, not only ones that were truly the victims in this case, but all these other kids that are trying to make sense of this situation.”

Watch the press conference:


A Chalkbeat reporter is on the scene:

In a pattern that has become routine, Democratic and Republican politicians offered prayers on Twitter.

temporary reprieve

Parents score a temporary victory in slowing the closure of a small Brooklyn elementary school

PHOTO: Alex Zimmerman
Protesters gathered at the education department's headquarters to protest a recent set of closure plans.

A judge blocked the closure of a small Brooklyn elementary school Thursday — at least for now.

Three families from P.S. 25/the Eubie Blake School filed a lawsuit in March backed by the public interest group Advocates for Justice, arguing the city’s decision to close the school was illegal because the local elected parent council was not consulted.

Brooklyn Supreme Court judge Katherine Levine did not make a final ruling Thursday about whether the closure plan violated the law. But she issued a temporary order to keep the school open while the case moves forward.

It was not immediately clear when the case will be resolved or even if the school will remain open next year. “We are reviewing the stay and will determine an appropriate course of action once the judge makes a final decision on the case,” education department spokeswoman Toya Holness wrote in a statement.

The education department said the school has hemorrhaged students in recent years and is simply too small to be viable: P.S. 25 currently enrolls just 94 students in grades K-5.

“Because of extremely low enrollment, the school lacks the necessary resources to meet the needs of students,” Holness wrote. The city’s Panel for Educational Policy, a citywide oversight board that must sign off on all school closures, voted in February to close the school.

But the school’s supporters point out that despite low test scores in the past, P.S. 25 now ranks among the city’s top elementary schools, meaning that its closure would force students into lower-performing schools elsewhere.

“Why close a school that’s doing so well?” said Leonie Haimson, the executive director of Class Size Matters and one of the lawsuit’s supporters. “It doesn’t make sense to me.”

The lawsuit hinges on a state law that gives local education councils the authority to approve any changes to school zones. Since P.S. 25 is the only zoned elementary school for a swath of Bedford-Stuyvesant, the department’s plans would leave some families with no zoned elementary school dedicated to educating them, forcing students to attend other district schools or enter the admissions lottery for charter schools.

That amounts to “effectively attempting to change zoning lines” and “unlawfully usurping” the local education council’s authority to determine those zones, according to the lawsuit.

But even if the education department loses the lawsuit, the school’s fate would still be uncertain. The closure plan would theoretically be subject to a vote from the local education council, whose president supports shuttering the school.

Still, Haimson hopes the lawsuit ultimately persuades the education department to back away from closing the school in the long run.

“My goal would be to get the chancellor to change his mind,” Haimson said. “I don’t think the future is preordained.”