Expansion Of School Choice Program Bill Fails In House K-12 Subcommittee

Image Credit: capitol.tn.gov

The Tennessee Conservative [By Jason Vaughn] –

A bill that would further the opportunity for Tennessee parents to exercise choice in the way their children are educated by allowing them to use state funds to pay for their preferred schooling option failed in the House K-12 Subcommittee on Tuesday.

American Federation for Children – TN (AFC-TN) stated that this bill would have given parents in Tennessee’s lowest-performing schools an Education Savings Account which would provide parents greater opportunities to use their state education dollars to find the best learning environment for their children.

“ESAs can be used for school tuition and fees, textbooks, tutoring, special therapies, and other approved expenses, giving parents the freedom and flexibility to truly customize their child’s education,” AFC-TN said.

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House Bill 2861 was introduced in early February by Representative Michael G. Curcio (R-Dickson-District 69). The bill would add additional alternatives for students to qualify to participate in the Tennessee Education Savings Account program.

The program currently requires that students meet the following qualifications to be eligible:

1. Be zoned to attend a school in an LEA, excluding the Achievement School District, with 10 or more schools:
   1. Identified as priority schools in 2015;
   2. Among the bottom 10% of schools; and
   3. Identified as priority schools in 2018; OR

2. Be zoned to attend a school that is in the Achievement School District.

HB2861 would expand those eligibility requirements to allow students who are “zoned for a school in an LEA that, during the three-year period immediately preceding September 1, 2025, or thereafter, did not offer students 180 days of in-person learning for a school year due to the COVID-19 pandemic.”

Representative John Ray Clemmons (D-Nashville-District 55) questioned the intent of the bill, calling it “problematic,” saying that it appeared to be an attempt to clean up legislation that was inherently unconstitutional as it was already tied up in court issues.

Representative John Ragan (R-Oak Ridge-District 33) also asked how the bill would avoid additional constitutional issues. Curcio replied that the new expansion would not violate any Home Rule provision which was the objection to the current legislation.

Representative Scott Cepicky (R-Culleoka-District 64) then clarified that closures due to issues such as snow days or staffing shortages would not apply with the new legislation, and Curcio stated that it only applied to closures due to the COVID-19 pandemic. 

Representative Harold Love (D-Memphis-District 58) asked if staffing shortages were due to teachers being sick with COVID-19 then would that bill put the school at risk of being subject to the new legislation. Curcio simply replied that it would have to be a closure that was “expressly due to COVID-19.”

Chairman Kirk Haston (R-Lobelville-District 72) then called for a roll call vote. The bill failed due to lack of a majority in favor.

Voting in favor of the bill were Representatives Michele Carringer (R-Knoxville-District 16), Cepicky, and Mark White (R-Memphis-District 83), along with House Speaker Cameron Sexton (R-Crossville-District 25).

Those voting against the bill were Representatives Clemmons, Haston, Chris Hurt (R-Halls-District 82), Love, and Ragan.

About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative  ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career.  Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others.  He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History.  Contact Jason at news@TennesseeConservativeNews.com