How Partisan Flips Could Reshape Education Battles Underway In Kentucky, Nevada, Missouri
How Partisan Flips Could Reshape Education Battles Underway in Kentucky, Nevada, Missouri
The 2016 elections were not only dramatic at the federal level, but also at the state level, with many new faces taking over governor’s mansions and state legislatures in the new year.
In seven states, there are new governors, and in four of those states, the new governor is from a different party than their predecessor. Additionally, party control of legislative chambers has switched in five states. These policymakers will play a crucial role in shaping state education budgets and implementing new regulations and plans under the Every Student Succeeds Act. Much of this work will take place in the beginning of 2017, as many legislatures only meet for a few months a year, and some only in odd-numbered years.
In Kentucky, Nevada, and Missouri, changes in party control of statehouses and governor’s mansions could have significant impacts on particular, often controversial, education policies.
In Kentucky, Republicans gained control of the state House for the first time in 95 years. This shift may pave the way for the passage of a charter school law in a state that is currently one of the few remaining without one. Todd Ziebarth, senior vice president for state advocacy and support at the National Alliance for Public Charter Schools, believes that this is the best opportunity the state has had to pass a strong charter school law. Republican Governor Matt Bevin, who was elected in 2015, is also a supporter of charter schools. Previous attempts to pass charter school legislation in the state House were blocked by Democrats who opposed publicly funded but independently run schools. Although a bill to create a pilot program passed in the state Senate last year, the House did not consider it. Now, despite Republican control, the future of a charter law in Kentucky remains uncertain due to potential challenges within the party, as has been seen in other states like Maine, Mississippi, and Alabama. Challenges may arise regarding the number of authorizers, the geographical limitations on where schools can open, and funding. The Kentucky legislature will reconvene on January 3 and be in session until March 30.
In Nevada, lawmakers made national headlines in 2015 by passing the first universal education savings account (ESA) program in the country. This program allowed students throughout the state to use an average of $5,100 in state funding for private schools, tutoring, or other education options. However, the program was immediately challenged in court on the grounds that it violated the state constitution’s prohibition on state support of religious education and the requirement to fund a "universal system" of public education. In September, the Nevada Supreme Court ruled that the program was constitutional but needed an alternative funding mechanism outside of the regular state school funding stream. The Republican majority that passed the ESA program no longer exists, as Democrats now control both houses of the Nevada legislature. However, there seems to be little support among Democrats to find a new funding mechanism for ESAs, as they prioritize closing a budget deficit and implementing a weighted student funding formula, which can be costly. Senate Majority Leader Aaron Ford stated that ESAs are not a high priority for Democrats and that they have no intention of passing them. Despite this, there are some opponents who would not oppose a fix to the ESAs as long as they are funded separately and means-tested, and as long as the state legislature fully funds the weighted school funding formula.
Currently, the state treasurer’s office is still accepting applications, but they are not being processed until funding is secured. So far, around 8,000 families have already submitted their applications.
Valeria Gurr, the director of communications for the Nevada School Choice Partnership, expressed that the program is fully prepared to begin its operations once it receives the necessary funding. She emphasized that families are determined to see this program through and will not give up on it.
The Nevada legislature will convene from February 6 to June 5.
A potential solution for improving the education system in Missouri may be the revival of transfer fixes and charter expansions.
Since 1993, Missouri has allowed students from underperforming districts, which lost their state accreditation, to transfer to other districts at the expense of their home district. Normandy, the district that was home to Michael Brown, the black teenager whose death triggered protests across the country, was one such unaccredited district.
Unfortunately, this transfer system proved to be extremely costly for the unaccredited districts, and the receiving districts often did not warmly welcome the low-income students of color who transferred.
In 2015, the Republican-controlled legislature proposed a bill that would have made modifications to the transfer law. Under this bill, each individual school would need to be accredited, thus requiring students in failing schools to first transfer within their own district. If there was insufficient capacity in these schools, then they could transfer to districts outside their own or explore alternative options such as charter or virtual schools.
Furthermore, the bill sought to expand charter schools beyond just St. Louis and Kansas City into neighboring counties.
However, Governor Jay Nixon, a Democrat, vetoed the bill, stating that it mandated costly educational experiments, neglected accountability, and avoided addressing the fundamental challenges with the transfer law. Previously, in 2014, Nixon also vetoed a similar bill that would have allowed students from unaccredited districts to transfer to private schools.
With Governor Nixon unable to run for re-election due to term limits, the incoming Republican Governor, Eric Grietens, has expressed openness to considering broader choice options during his campaign.
Peter Franzen, the associate executive director of the Children’s Education Alliance of Missouri, believes that Missouri is in a favorable position for implementing student-centered education policies.
However, education reform in Missouri, like in other states, is not purely a partisan issue. Franzen explains that it largely depends on the specific districts that lawmakers represent.
The Missouri legislators will reconvene on January 4 and adjourn on May 12.
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