State officials explain how they addressed challenges during the launch of the new Education Freedom Scholarship plan

Stock photo of the state capitol

Lawmakers on the Joint Government Operations Committee met Monday to review administration rules for the newly launched Education Freedom Scholarship program and to ask questions about some of the challenges that appeared during its launch.

Governor Bill Lee signed legislation in February allowing up to 20 thousand families to use $7,295 in taxpayer dollars to pay for private school expenses. At least 10,000 of those scholarships are reserved for students with an economic need, those participating in the existing Education Savings Account program, and students with a qualifying disability.

The State Board of Education is charged with creating rules for the program, while the State Department of Education (TDOE) administers it. During Monday’s review of those rules by lawmakers, officials with both agencies answered questions from committee members.

Representative Ronnie Glynn, D-Clarksville, raised concerns about problems with the application process. The application window for Education Freedom Scholarships (EFS) opened Thursday and so far, the state has received more than 38,000 applications. However, the process has had some issues, including parents who submitted applications but received confirmation emails with the names of other children.

Emily Cornute, Director of Legislative Affairs for the TDOE, says the issue affected a small number of applicants, and they were able to correct the problem quickly.

“There was a hiccup, some folks received confirmation for students they had not applied for. By 1 AM on launch day, we had rectified that situation, we worked with our vendor to correct the issue, and went back and notified all of those folks who had inadvertently received the wrong emails, with the correct confirmation email,” said Cornute.

“Were the parents comfortable that that information was not sent somewhere it shouldn’t have been because there was some pretty pertinent information,” responded Glynn. “What assurance were parents given to make sure their information was protected?”

Cornute said she did not know the specifics of what was communicated to families, but on Friday, the department issued a statement saying no data or documents were compromised, and all personal information in the application portal is secure. 

Representative Michele Reneau, R-Signal Mountain, had questions about public school students who receive free and reduced lunch. She wanted to know if those benefits would carry over to a private institution if they move under an EFS. Currently, just 14 private schools in Tennessee participate in the free and reduced school lunch program.

“So, if they choose to accept a student that is currently in the free lunch program, they will not be required to also provide it at the private school?” asked Reneau.

“It would be up to each individual private school whether or not they opt in to participation in that program, so there’s nothing in the law that would require them to,” replied State BOE General Counsel Rachel Suppe.

Several lawmakers, including Republican Senator Janice Bowling, R-Tullahoma, and Representative Glynn, wanted to know why the TDOE is not tracking how many scholarship recipients are students already enrolled in private schools and how many would be coming from public schools.

“Isn’t that something that we should statistically be able ask that question later on and say, hey, how many came from already being in a private institution?” asked Glynn.

“When we were thinking through what needs to be on the application, and what is required for reporting purposes, we were looking at what is outlined in the law and that is not something that was included in the law,” answered Cornute.

State Board of Education Deputy Executive Director for Legislative and External Affairs Nathan James said another question that had been asked involved how many years of eligibility an EFS recipient could have. Currently, the program allows for 13 years of eligibility, and some wanted to know how that might impact a student who started in kindergarten but is held back a year.

“The question came up, does that mean if someone failed one of the grades on the way up that they would have to bear the cost for their senior year, and the answer is yes on that,” said James.

Senator Charlane Oliver, D-Nashville, raised concerns about the proof of income requirements for the 10,000 scholarships designated for low-income students. The current rule requires either a tax return or proof of enrollment in public assistance programs such as SNAP or TANF.

“Why aren’t pay stubs included a part of the income verification? Because a tax return shows a past tense income level versus what your current income level is,” said Oliver. “So how will you make sure that people, as they change jobs, how do you determine that eligibility throughout the year to make sure they’re maintaining that eligibility status?”

Suppe noted the state DOE is authorized to request additional documentation to verify income in the event of any questions or discrepancies.

The joint committee holds a vote for members of each chamber. The motion for a positive recommendation of the rules failed in the Senate and passed in the House. The permanent version of the rules is slated to be heard at the State Board of Education’s meeting at the end of May.