Who makes the decisions about education?

Tennessee General Assembly

There is a whole section of state law dedicated to education.

The state legislature passes laws that guide one or more of the rule-making bodies in setting education policy.  Legislators are our go-to source for correcting implementation problems, like with the kindergarten portfolio mess.

Don’t know who your legislators are? Go to www.capitol.tn.gov and click on “find my legislator” button.  Enter your residential address and the website will tell you who your state senator and state representative is and how to contact them. Pay attention to how your legislators vote on legislation that impacts education in Tennessee.  If you don’t think they are passing legislation that supports teachers, students, or schools, then vote them out when their term expires!

Example:

The General Assembly passes a 4% raise for teachers.  Funds are allocated in the state budget.  This acts as a directive to the other bodies (see below) that the legislative intent is for all teachers to receive a 4% raise.

Education Legislation:

The following list is a sample of some of the laws the General Assembly passes regarding public education:

·         Power and authority of the State Board of Education

·         Power and authority of the Department of Education

·         Duties of the Commissioner of Education

·         Duties of the local Director of Schools

·         Duties and responsibilities of the local school board and its members

·         Graduation standards

·         Minimum educator qualifications

·         School calendar requirements

·         Length of the school day

·         Employment and assignment of school personnel

·         State mandated testing

·         Teacher tenure and the reasons why teachers may be disciplined or terminated by their employers

·         Teacher leave options (sick leave, personal leave, etc.)

·         Teacher Code of Ethics

·         Teacher pensions

·         Teacher accountability standards (evaluations, testing, etc.)

State Board of Education

The State Board of Education consists of nine members, one for each of the federal Congressional districts in the state.  According to current state law, all the members are appointed by the governor to serve a five-year term.  Because the members are appointed by the governor, they are not accountable to voters. Further, current state law requires that only one of the nine be a current licensed, practicing educator—meaning the other eight members can be from any industry and are not required to have any background in education.

The State Board of Education makes rules—not laws—and directs the implementation of laws passed by the legislative body.

Don’t know who your state board member is? Go to https://www.tn.gov/sbe/about-us/board-members.html to find out.  The website provides information on how to contact your state board member.

Example:

This is where things can start to go wrong.  The state board can forgo applying 4% raise to the salary schedule and instead allow discretion at the local level for how new salary funds are used.  This means that if the State Board chooses, they can allow local school districts to use the funds for the 4% raise for other purposes such as hiring additional personnel, giving a raise to some educators and not others (e.g. hard-to-staff areas), or funding initiatives on the district’s differentiated pay plans.

Education Rules and Policies:

The following list is a sample of some of rules and policies the State Board of Education passes to govern public education:

·         School improvement planning

·         Grading policies/uniform grading

·         Alternative education programs

·         Early childhood education

·         Courses and curriculum

·         State curriculum standards

·         Special education

·         Virtual education

·         Promotion and retention of students

·         School attendance policy

·         Teacher and administrator evaluation policy including portfolios and alternative assessments

·         Educator licensure and preparation policies

·         State minimum salary schedule for teachers

Tennessee Department of Education

The Commissioner of Education is also appointed by the governor and therefore is not accountable to voters.  The role of the Department of Education is to enforce the rules and policies passed by the State Board of Education and the legislation passed by the Tennessee General Assembly.  The Department of Education often offers draft legislation for the Tennessee General Assembly to consider. 

Example:

The department acts as an extension of the commissioner, providing guidance to districts reflecting the governor’s preferences, which included an emphasis on pay-for-test scores with the previous administration.

Local Board of Education

The members of the local board of education are elected by residents living within each school board zone and therefore are accountable to voters.  Local boards of education set budgets (which must be passed by the local funding body—usually a county commission or a city council—the members of the funding body are also elected by residents within a zone), determine pay scales, add locally mandated tests and more.  This body works closely with individual schools and is the most attune with the unique needs of local communities.

The local board of education may set its own rules and policies to govern the local school district.  Additionally, it is the responsibility of the local board of education to employ a Director of Schools.  The Director of Schools oversees the day-to-day operation of the school district.  It is the responsibility of the local board of education, the director of schools, and all employees in a public school district to follow all state laws, rules, and policies governing education.  Current state law requires that all educators are evaluated each year (laws are passed by the Tennessee General Assembly).  The law gives the State Board of Education the authority to determine how teachers are evaluated by creating a State Board Policy that governs teacher evaluations.  The Tennessee Department of Education is then responsible for enforcing the State Board Policy on evaluations and provides training to district administrators on conducting teacher evaluations.  The local board of education must enforce the laws and policies regarding teacher evaluations and therefore cannot determine of their own accord not to conduct teacher evaluations.

Example:

A local board can take any flexibility granted by the State Board of Education and determine who to use the 4% increase: apply it across the board, use it for one-time bonuses, apply it to increased benefit costs, etc.

Summary

The old adage is true: every education decision is a political decision.  Educators can influence these decisions by being informed voters and electing individuals who will affect positive changes for public education in Tennessee.  Even though some of the most influential decision-making positions for public education are not elected, the person who is responsible for appointing people to those positions is.  YOUR VOTE MATTERS!