Tag Archives: Tennessee Legislature

What’s good for the goose

. . . is good for the gander?

BlueCollarMuse is reporting that a DEMOCRATIC staffer at the Tennessee State Legislature sent out an email with the subject line: Smiles for Monday that is, if anything, much more offensive than the email forwarded by the administrative assistant to Diane Black.

Head on over to his web site for the full details. He’s waiting to see if there will be the same firestorm of media coverage, calls for termination, denunciations, & disciplinary action against this DEMOCRATIC staffer as there was for Ms. Goforth.

This will be interesting to watch.

TN House Education Committee passes bill to require state agencies to accept Church-Related School’s high school diplomas as valid

Longest blog post title ever…

The bill was HB 1652, and you can read the history of how we got here in an earlier post.

The terminology of legislative committees is QUITE confusing… apologies to all. Enacting legislation is messy… today was a little messier than most.

When the problem with the police officer and daycare worker surfaced, the deadline for introducing legislation had already passed, so Rep. Bell made a quick search for already introduced bills which dealt with the appropriate section of state law (sometimes abbreviated as TCA , stands for Tennessee Code Annotated). Rep. Ferguson had originally introduced a bill dealing with the section of state law governing Church-related schools (the so-called “caption” of the bill must state which section of state law will be amended). Rep. Bell and Rep. Ferguson agreed to use his bill to try to amend state law so that diplomas from church-related schools would be accepted by state agencies, regardless of whether the church-related school was accredited. To do that, they needed to take Rep. Ferguson’s original bill and “re-write” it by amending it and stripping out all of the original language and substituting the new draft that they wanted.

So, Rep. Bell and Rep. Ferguson were the co-sponsors of a bill before the House Education Committee today, and their first task was to seek to have the committee approve their amendment which re-wrote the bill to do what they wanted.

In the meantime, the department of Ed’s representative (Dr. Opie?)) had informally circulated an amendment to Rep. Bell’s bill. That amendment would have required CRS’s to only hire instructors with baccalaureate degrees. That amendment was never introduced, although Dr. Obee make some joking references to it having been circulated widely around the state. His logic was that if the state was going to have to accept a CRS Cat IV diploma, then the state should have some oversight over what was taught and who taught it. Topic for more discussion later.

So… Rep. Bell and Rep. Ferguson present their bill to the committee. Their first order of business is to request that the bill be amended with their agreed-on new language (which had been reviewed and recommended by a sub-committee). At that point, the Memphis delegation began their hour-long filibuster and proposal of an “amendment to the amendment” of the bill which would amend existing state law. Everybody still with me?

The Memphis amendment would have directed the State Department of Education to recognize those public school students who completed all their course work but failed the Gateway tests as having valid high school diplomas as well as recognizing category IV diplomas as valid if issued before July 1, 2008. Next year, of course, we’d be back in the same dilemma and fighting with the legislature all over again. The Memphis delegation tactic was to hijack this bill for their own purposes. Gateway tests have already been re-defined to count as only 25% of course grades, rather than being must-pass, but they are valiantly attempting to get high school diplomas for kids who have been unable to pass the Gateway tests in years past.

On the vote on the Memphis amendment, the Chairman (Rep. Les Winningham) originally called for a voice vote and then announced that the Memphis amendment had passed. Rep. Bell asked for a roll call vote. He can’t get one automatically, unless a Rep. on the committee asks for one. When one of the committee members asked for the roll call, the chairman directed the clerk to call the roll. Much to the embarrassment of the chairman, the roll call showed that the amendment had failed by a vote of 7-10.

So the Memphis amendment was defeated… now they were back to Rep. Bell and Rep. Fergusons’s original request to re-write the bill with their agreed-on language. That vote was also done by roll call and it passed, 9-7 with one voting present. It was immediately followed by a vote on the amended bill itself, reporting it out of committee (called “sending it to calendar and rules,” which is the committee which actually schedules bills for the full house of representatives). That vote, also by roll call was identical, 9-7 with one voting present.

Result: Representative Bell’s and Representative Ferguson’s bill came out of the Education Committee exactly the way they wanted it, written the way they wanted, without any amendment that they don’t want.

The Department of Ed amendment which would have required a baccalaureate degree for every instructor in grades 9-12 was never introduced or voted on. The Memphis amendment which would have dealt with prior year Gateway exam stopped public school students AND only recognized CRS diploma’s through July of 2008 was also defeated.

This is an important (and surprising) result. The bill which was reported out would require all state agencies to accept CRS diplomas as valid high school diplomas. Period. Regardless of whether the CRS was category II, III, or IV. This was the situation until just this year. In effect, it reverses the new policy of the department this year which began treating non-accredited CRS diplomas as invalid. It would require DHS to accept Cat IV diplomas as valid for work in a day care center, and it would require the Police accreditation commission to accept CRS diplomas as valid for those seeking to be police officers.

Next step: the bill must pass the full house of representatives AND a companion bill must pass the state senate AND then be signed by the Governor. None of these three steps is automatic or easy… though they may be easier than the mountain that had to be climbed today.

UNLESS this bill is passed, the state dept of ed will apparently continue to treat Cat IV diplomas as “worthless.” We need this bill to pass. Ironically, its not so important for homeschooled students who go on to college. Colleges and universities both in TN and nationwide have had NO problems with Cat IV diplomas. They have the ACT/SAT and other criteria to go with them. It’s the jobs that do not require a college degree but DO require a high school diploma where the problems have arisen. You don’t have to have a college degree to be a police officer – but you do have to have a high school diploma. You don’t have to have a college degree to work in a day care center – but you do have to have a high school diploma. It is in precisely those two situations where the problem has arisen. Please stay in touch with your homeschool community over the next two weeks. There is much work still to do in order to get this bill passed.

Footnote: Though the Dept spokesman today did say that they were going to internally review individual cases and would attempt to handle exceptions( like the police officer who had completed the police training academy but was then told he could no longer serve as an officer because his Cat IV high school diploma was not acceptable), I do not find that reassuring. The old homeschool law required a college degree to be able to homeschool your high school student unless you had a waiver from the Commissioner of Education. In 10+ years, despite a number of well-documented and reasonable requests, no Commissioner ever granted a waiver.

– Rob Shearer
Publisher, Greenleaf Press
Director, Schaeffer Study Center

TN Department of Education declares church-related schools’ diplomas to be “worthless”

Kay Brooks has a great post summarizing the story so far: Good enough for UT, Vandy, Harvard...

The Tennessee Department of Education seems intent on picking a fight with church-related schools in general and homeschoolers in particular. They’ve been “educating” other state agencies for some time now about the fact that so-called “Category IV Schools” in Tennessee are unaccredited and that their diplomas are “worthless.” This has led to the demotion of a police officer who had completed the police academy with a 4.0 average and the forced firing of a daycare worker (from a daycare run by her grandmother!), lest the daycare lose its state license for hiring a child-care worker without a “valid” high school diploma.

One of the good guys, Rep. Mike Bell, is attempting to reassert legislative control over education policy decisions. He’s co-sponsoring a bill, HB1652, that would require the state to recognize Category IV high school diplomas as valid. Alas, he’s meeting resistance from the Department of Education. They’ve countered with an amendment to the bill that would prohibit private, church-related schools from hiring ANY instructor for grades 9-12 who did not have a baccaluareate degree recognized by the State Board of Education.

Below is the message I just sent to the members of the House Education Committee.

Rep. Bell’s bill is scheduled to be heard by the full Education Committee today at 3:15pm central time.

– Rob Shearer

************************************************************

‘rep.leslie.winningham@legislature.state.tn.us’; ‘rep.tommie.brown@legislature.state.tn.us’; ‘rep.joe.towns@legislature.state.tn.us’; ‘rep.barbara.cooper@legislature.state.tn.us’; ‘rep.john.hood@legislature.state.tn.us’; ‘rep.ulysses.jones@legislature.state.tn.us’; ‘rep.mark.maddox@legislature.state.tn.us’; ‘rep.michael.mcdonald@legislature.state.tn.us’; ‘rep.larry.turner@legislature.state.tn.us’; ‘rep.john.windle@legislature.state.tn.us’

To: the honorable members of the House Education Committee

cc: Claiborne Thornton, President of THEA, Doug Fraley, President of MTHEA, and other interested parties:

As the Vice President of the Tennessee Association of Church Related Schools (TACRS), I have a few thoughts on the current controversy around Category IV non-accredited privates schools, their diplomas, and the amendment proposed by the Department of Education to HB1652.

This crisis is the result of the Tennessee Department of Education’s decision to arbitrarily treat category IV high school diplomas as “not worth the paper they are printed on.” The decision by the Department to declare thousands of high school diplomas issued over the past sixteen years as invalid for employment or certification is without precedent, without legal foundation, and without any evidence of any problem associated with those diplomas. When a police department and a day care center are told they must discharge good employees, with excellent records and qualifications, because the Department of Education does not deem their diplomas to be valid, we have a real problem.

This outrageous decision by the Department of Education MUST be (and can only be) overturned by the legislature. The legislature has a duty to correct foolish, capricious, and wicked policy decisions. Make no mistake, the Department has engaged in a raw bureaucratic power grab. There was no act by the legislature adopting this policy. The legislature must act to rein in the Department and reassert its role as the proper policy maker.

For all these reasons, the amended version of HB1652 proposed by Rep. Mike Bell deserves swift passage by the legislature. If the legislature does not act, then a gross injustice will continue to be done to thousands of Tennesseans. The legislature must act to reassert the principle that the department does not make education policy, the legislature does.

As to the draft amendment which has been circulated by the Department of Education, which seeks to impose departmental oversight over teacher hiring by Category IV schools – it too is a raw bureaucratic power grab. There is no crisis. But the Department is suddenly and unilaterally seeking to assert oversight over who can be hired by church-related schools.

The Department, in its proposed amendment, asserts that ALL instructors for grades 9-12 should have a baccalaureate degree from a college recognized by the State Board of Education. Leaving aside the bureaucratic nightmare of the State Board of Education reviewing college diplomas from schools around the country, this assertion is also bad public policy.

Why should ALL teachers instructing grades 9-12 have to possess a college diploma?

Does the Department have statistical, anecdotal, or research evidence to support this policy change?

What evidence does the Department have of any problems which have arisen as a result of instruction in grades 9-12 by private school teachers without a college degree?

A) Is there a problem? If so, can it be defined?

B) Is their proposed solution the right one? Will it fix the problem? How do they know?

If questions A and B above cannot be answered in some detail, then the Department’s amendment is suspect for being arbitrary and capricious.

I can think of dozens of examples of excellent high school instruction which has been and is being given to high school students by teachers who do not have a college degree.

What about a shop class by a skilled artisan/mechanic who does not have a college degree?

What about an art class given by a gifted and accomplished artist who does not have a college degree?

What about a creative writing class being taught by a published author who does not have a college degree?

What about a home economics class being taught by a master chef who does not have a college degree?

What about a computer programming class being taught by a highly skilled and highly paid programmer who does not have a college degree?

What about a course in personal finance being taught by a successful local business owner / entrepreneur who does not have a college degree?

What about a course in military history being taught by a military veteran (also a published military historian) who does not have a college degree?

What about a course in a foreign language being taught by a bilingual instructor, whose native tongue is the language being taught, but who does not have a college degree?

I could go on, but I think you get my drift…

Parents who choose a category IV school for their children’s education know what they are choosing. The legislature has rightly separated private church-related schools from the oversight of the state Department of Education. The Department is prohibited by state law from regulating church-related schools with respect to “the selection of faculty or textbooks or the establishment of a curriculum.” I see no reason to breach that separation, especially on this issue.

If passed, the Department’s amendment would entail a requirement for reporting to and inspection by the Department of all church-related schools. The Department of Education will necessarily want to see detailed records of all classes and all instructors at all private schools in Tennessee to insure that no one without an approved baccalaureate degree has done any instruction. It does not take much imagination to think of the many points of contention and conflict which will result.

On behalf of TACRS, let me state unequivocally that we are strongly opposed to the amendment proposed by the Department of Education.

And, on behalf of TACRS, let me state unequivocally that we strongly urge the legislature to reverse the Department’s arrogant stance that Category IV high school diplomas are “not worth the paper they are written on.” I urge you to pass Rep. Bell’s amended version of HB 1652.

Please feel free to forward this email to anyone you choose. I ask only that the email be sent in its entirety and unedited.

I am willing to meet with any member of the Department of Education or the Legislature and/or testify before the House Education Committee, if you think it would be helpful.

– Rob Shearer

Vice President, Tennessee Association of Church Related Schools

Director, Schaeffer Study Center
www.schaefferstudycenter.org
1000 Woodridge Place
Mt. Juliet, TN 37122

“There is only one good reason to be a Christian – because it’s true.” – Francis Schaeffer