Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
A bill to create year-round boarding schools or “opportunity public charter schools” for “at-risk” youth in Tennessee has been placed behind the governor’s budget in the House Finance, Ways and Means Subcommittee after passing on the Senate floor just last week by a vote of 19-7.
House Bill 2922 (HB2922) and the corresponding Senate Bill 2820 (SB2820) started out as a caption bill which is why the bill summary on the General Assembly’s website still relates to the Department of Education’s reporting of student allergies.
Almost a month and half after this caption bill was introduced, it was amended and became a completely different piece of legislation.
According to House co-sponsor Rep. William Slater (R-Gallatin-District 35), HB2922/SB2820 as amended, authorizes the formation of opportunity public charter schools.
“These public schools will serve eligible students who have been historically underserved,” he told subcommittee members on Wednesday.
The demographic Rep. Slater is referring to includes the following:
• Students who have dropped out of school
• Juvenile delinquents or students who are “awaiting disposition of charges that may result in adjudication as a juvenile delinquent
• Students previously detained or incarcerated in a juvenile detention center
• Students who have been retained at least twice in Kindergarten through 8th grade or students who are a year or more behind in obtaining credits required for graduation or promotion to the next grade level
• Chronically absent students as defined in Tennessee’s ESSA plan
• Pregnant or “mothering” students
• Students with substance abuse issues
• Students experiencing abuse or neglect
According to the legislation, these “at-risk” students must fall under at least one of these demographics and come from a household whose income is below 200% of the federal poverty level to be eligible for enrollment.
Despite concerns from the public over the intended commingling of these drastically different “at-risk” student populations, the possibility that courts may be able to undermine parental rights and order a student to attend such an institution, as well as the lack of language in the bill regarding parental involvement and requirements for proper resources for students with disabilities, Republican lawmakers have continued to push this legislation forward since its inception.
However, GOP Senators Janice Bowling, Richard Briggs, Mark Pody and Joey Hensley did voice some concerns about this bill before voting against it on the Senate floor.
Rep. Bryan Richey also voiced concerns about the legislation and Representatives Scott Cepicky and Todd Warner specifically requested to be recorded as voting against the legislation in their respective House committees.
During the April 10th subcommittee meeting, members heard testimony in opposition to the bill from Zoe Jamail, Policy Coordinator for Disability Rights Tennessee.
“This bill creates a new type of congregate setting that could lead to unnecessary institutionalization of young people with disabilities and other at-risk youth in a way that interferes with parental rights,” Jamail warned subcommittee members.
“Youth adjudicated delinquent, those with drug abuse problems, those who are pregnant, victims of abuse and students with disability could all be accepted at a year-round residential school with students age 12 to 21 living under the same roof,” she continued. “Current law does not allow this type of residential commingling for youth in DCS custody. So why would we allow it in this context?”
Jamail went on to note what the legislation lacks in regard to things like maintaining familial contact and allowing parents to participate on school boards, adding that the undermining of parental rights is a valid concern.
“There’s nothing in the bill that prevents the state, through the department of education, DCS or the courts from usurping parental rights and ordering a student to be placed at a residential charter school,” said Jamail.
She also noted that Section 13 (d) of the bill specifically authorizes the development of an alternative school program at one of these boarding schools, which could force traditional public-school students to attend.
“Our current code mandates alternative school attendance for young people who have been expelled or suspended, meaning they could potentially be placed in these settings,” Jamail explained.
Following a few more minutes of discussion, Chairman Gary Hicks (R-Rogersville-District 9) announced that due to the cost associated with HB2922/SB2820 it would have to be placed “behind the budget.”
When a bill is placed “behind the budget” it usually means two things: (1) there is significant fiscal impact associated with the bill’s passage; and (2) the bill is not part of the governor’s proposed budget which takes precedence in the appropriations process.
It is possible that HB2922/SB2820 could still be considered again this session but typically when a bill is placed “behind the budget” it has to be reintroduced during the following year’s session to receive further consideration.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.