NASHVILLE, Tenn. — Two bills in the Senate and one in the House have been proposed for a single controversial program — universal school vouchers.
Governor Bill Lee first announced the program in November 2023 and described it as effectively giving money to parents to pay for tuition and other expenses in non-public schools. He said the program would cover some of the cost of education at private schools, charter schools, faith-based schools and other types of schools.
Critics of the program said it would divert public money away from public school systems. Several East Tennessee school boards have voiced opposition to the proposal, emphasizing they need state support to be successful.
A statement about the proposal from House Democratic Caucus Chairman John Ray Clemmons is available below.
“If Governor Lee and the Republicans truly cared about our public schools, students and teachers, they would have enacted some of these proposals years ago, voted in support when we Democrats introduced them, or even put them on the table as a stand-alone bill this year. Instead, they are trying to use inducements and extra funding as a Trojan horse, thinking they can trick Tennessee families into welcoming a voucher scam into their communities. Vouchers will not benefit Tennessee's students in any way, and they provide no real choice to Tennessee families whatsoever. They are nothing more than a scam designed to steal money from our underfunded public schools, enrich the rich, and blow a gaping hole in our state and local governments' budgets. If Lee and Republicans have their way, local governments will have no choice but to increase local taxes on families. The House Democratic Caucus stands firm with Tennessee families and our public schools and against vouchers."
As of Feb. 26, three different versions of the "Education Freedom Scholarship Act" program have been proposed in the state legislature. The different versions are listed below.
The governor's version is an amendment attached to SB 2787 and is the shortest of the bunch at around seven pages. In it, students would not be eligible if they are enrolled in a home school in which parents need to provide annual notice prior to each school year.
In the Governor's version, the program would need to provide scholarships to eligible students who apply for them, as long as they are not enrolled in a public school and their schools satisfy the state's compulsory school attendance requirements. Students also could not already be enrolled in the Tennessee education savings account pilot program.
Parents would also need to "release the LEA in which the eligible student resides from all obligations to educate the eligible student in any school year for which the eligible student receives a scholarship."
It says students would not retain the right to get special education and related services through an IEP, but could still get services under the Individuals with Disabilities Education Act.
Scholarships would also equal the "base funding amount" as defined in the state's TISA funding formula. In that formula, each student generates a specific amount of money for their school district based on their individual needs. That amount may not cover the amount tuition costs at different programs.
It also lists eight specific things scholarships could be spent on. They are listed below.
- Tuition, fees, and uniforms required by the private school in which the recipient is enrolled
- Textbooks, curricula, and instructional materials required by the private school in which the recipient is enrolled
- Tutoring services provided by a tutor or tutoring facility that meets the requirements established by the department
- Fees for transportation to and from the private school in which the recipient is enrolled, paid to a fee-for-service transportation provider, that meet the requirements established by the department
- Computer hardware, technological devices, and other technology fees that meet the requirements established by the department and that are used for the recipient's educational needs
- Tuition, fees, textbooks, curricula, and instructional materials for summer academic programs and specialized afterschool academic programs that meet the requirements established by the department. This subdivision does not include afterschool childcare
- Fees for early postsecondary opportunity courses or examinations, entrance examinations required for postsecondary admission, and industry credentials as approved by the department
- Educational therapy services provided by therapists that meet the requirements established by the department
In this version, a maximum of 20,000 scholarships would be available for the 2024-2025 school year. Ten thousand would be reserved for low-income students, and 10,000 would be available for all students. The next school year, scholarships would be available as funds allow.
It also says if the number of eligible students exceeds the number of scholarships available, the state would need to base awards on a specific order. First, they would need to give scholarships to students who received them the previous year. Then, they would be available for low-income students followed by students who were enrolled in public schools.
After giving scholarships to all students in those categories, they would be available on a first-come, first-served basis. They would not be paid directly to students or parents, and would not constitute taxable income.
The Senate version of the program is ten pages longer than the Governor's proposal but is similar in many parts. In it, students who were expelled from school or "subject to disciplinary proceedings" that could result in expulsion would not be eligible for scholarships.
It also specifically says students would need to attend either a public school in a different school district or a private school. However, students would still release rights to special education and IEP services.
The state would also need to make an application form that requires applicants to indicate whether students have a social security number, although students would not be required to have one to participate in the program. The bill said the lack of one could result in reports to the IRS or the Department of Homeland Security.
Students who enroll in public schools outside their district would also get scholarships equal to either the total amount of tuition that could be charged, or the amount they would be eligible for under the TISA formula — whichever is greater.
If a student goes to a public school outside their district and requires special education, schools would be able to apply for reimbursement for the cost of their learning needs for the first year they attend.
The bill also blocks school districts and charter schools from denying out-of-district students unless there's a lack of space, the student does not meet its eligibility criteria or there is a desegregation plan in effect for the school.
Students who participate in the program between the third grade and 11th grade would also need to take a normed-referenced test every year. Third-grade students would also need to take the TCAP's ELA test, and eighth-grade students would need to take the TCAP's math test or nationally normed assessment. Eleventh-grade students would need to take the ACT or SAT.
The tests would only be for reporting purposes.
The bill also requires private schools that enroll students in the program to comply with federal health and safety laws and ensure they would not discriminate against students based only on race, color or national origin — not gender identity or religion. Staff would also need to be eligible to work at the school. Schools and students could be suspended from the program if they don't comply with its requirements.
The House version is more than double the length of the Senate version, at 39 pages. Many of those pages are filled with language implementing protections and rules for charter schools, achievement school districts, student evaluations, teacher evaluations and more.
It specifies that only U.S. citizens would be eligible for the program and Category II through Category V schools would need to have continuously operated in Tennessee for at least three years to be eligible for scholarship money.
It said that the General Assembly intends to grow the program over the years until all students who apply can be given a scholarship. The bill also said students would not be eligible for a scholarship if they were the child of a current lawmaker or member of the governor's cabinet.
Students in the program would also not be allowed to participate in sports sanctioned by an association for their first year if they previously attended public schools and participated in sports there, and did not relocate.
It would also only award up to 20,000 scholarships each year, but specifies if students receive them in the 2024-2025 school year they must also get a scholarship the subsequent year. It also includes language requiring the program to grow, saying if the number of scholarships awarded is within 10% of the number of eligible students, the number of available scholarships must grow by 20% the following school year.
The Department of Education would be required to report on the efficacy of the program including the number of scholarships given, and how many students met each different criteria for eligibility. It must also report if students stayed in a private school after getting a scholarship, parent satisfaction with the program as well as academic performance indicators.
The department would need to connect with a third party to collect data on parent satisfaction and academic performance.
The proposal goes on to make several modifications to the TISA calculations for how much scholarship money would be awarded, increasing allocations for students living in small districts and decreasing allocations for students in districts between 1,001 and 1,700 students. It would also specify that students generate at least $75 for maintenance and infrastructure, for the purposes of calculating their scholarship amounts.
It would also classify charter school staff as state workers for the purpose of ensuring they have the chance to get Tennessee health insurance.
It would also specifically allow students in third grade through ninth grade to take a statewide ELA and math test, as well as three state science exams between third grade and 12th grade. It requires a social studies test to be given to students between sixth grade and eighth grade, as well as a test like the SAT or ACT in 11th grade.
It would also make several other changes to statewide testing, as well as changes to how teachers are evaluated in the state.
The state board would need to adopt rules and policies outlining guidelines for how teachers and principals are evaluated, including a grievance procedure. It would require those evaluations to be a factor in employment decisions, and does not require schools to use student achievement data from state tests as the "sole factor in employment decisions."
It said 35% of evaluation criteria would be dependent on student growth data from the Tennessee Value-Added Assessment System, and 25% would be based on other measures of student achievement.
The bill also makes several changes to achievement school districts, saying "the ASD ceases to exist on July 1, 2026." Up until then, the bill lists several restrictions and rules for achievement school districts. It also said except for teacher rights related to sick leave, retirement benefits, pension, and tenure — ASD teachers would not have protections listed in the state code related to district restructuring.
Schools would also need to create and implement intervention policies for students who are chronically absent, defined as missing at least 18 days of school. At a minimum, they would need to hold meetings or conferences with parents or guardians of chronically absent students.