Commentary: This Landmark Conservation Bill Has Been an Abject Failure for Fifty Years

Richard Nixon

December 23, 2023 marks the 50th anniversary of the signing of the Endangered Species Act (ESA) by President Richard M. Nixon. The statute has put enormous power into the hands of bureaucrats at the two federal agencies that administer it – the Interior Department’s U.S. Fish and Wildlife Service (USFWS) and the Commerce Department’s National Marine Fisheries Service (NMFS). It has also been adroitly used by environmental groups who have sued the federal government under the ESA to stop projects not of their liking through the broadest possible designation of a “critical habitat” for a plant or animal said to be either threatened or endangered.

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Gov. Bill Lee Expected to Back Statewide Education Savings Account Legislation

The move to expand Tennessee’s Education Savings Account (ESA) program statewide is expected to have a very powerful ally in the General Assembly’s next session, sources told The Tennessee Star.

State Representative Bryan Richey (R-Maryville) said Governor Bill Lee is planning a press conference on Tuesday to discuss a bill to expand ESA beyond Metro Nashville, Memphis, and Hamilton County into all of Tennessee’s 95 counties.

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Tennessee Senate Approves Adding Hamilton County to ESA/Voucher Program

A bill to add Hamilton County schools to Tennessee’s pilot education savings account program was approved by the Senate on Thursday and is scheduled to be discussed in House committee next week.

Sen. Todd Gardenhire, R-Chattanooga, explained Hamilton County was taken out of the original pilot as the school district put an additional $20 million in funding into the district’s schools and hired a new superintendent, but that has not solved the district’s issues.

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State Senator T.J. Shope Says Legislature will ‘Hold the Line’ on Hobbs’s Proposed Budget

Following the unveiling of Gov. Katie Hobbs’s Fiscal Year (FY) 2024 Executive Budget, State Sen. T.J. Shope (R-Florance) stated it was a budget he, and his GOP colleagues in the state legislature, would not support.

“My colleagues in the Senate GOP will not support this budget and its declaration of war on parents. We will not support taxpayer funded scholarship programs for non-citizens. We will not support a repeal of the Border Strike Force at a time when the scourge of fentanyl plagues our people,” Shope tweeted. “We are united and we will hold the line for the Arizona we love.”

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Governor Lee’s Voucher Program Clears Another Legal Hurdle

Tennessee’s Education Savings Account (ESA) plan, often portrayed as a voucher program, won another legal challenge filed by opponents of the controversial legislation that targets Memphis and Nashville schools. A three-judge panel appointed by the Tennessee Supreme Court and made up of Chancellor Anne Martin, Judge Tammy Harrington, and Judge Valerie Smith, has ruled that the parties challenging the legislation have no legal standing. As a result, all challenges are dismissed.

This action, at least temporarily, removes all legal hurdles facing the 2019 Education Savings Account law. The law provides money for families to offset private school tuition, should they choose to pursue that option due to inadequate traditional school options.

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Arizona’s Graduating Class Average ACT Scores Declined in 2022, Missing College-Readiness Benchmarks

The national average American College Testing (ACT) score for 2022 high school graduates fell to 19. 8 out of 36 in 2022, the lowest average score recorded in over 30 years, and Arizona did not escape this decline either. Arizona’s average score was 18.4 in 2022, over a point worse than last year, and ACT CEO Janet Godwin called the downward movement alarming.

“The magnitude of the declines this year is particularly alarming, as we see rapidly growing numbers of seniors leaving high school without meeting the college-readiness benchmark in any of the subjects we measure,” said ACT CEO Janet Godwin.

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Governor Lee Touts Education Savings Account Program

Tennessee’s Governor on Wednesday touted the state’s new Education Savings Account (ESA) program. 

“When TN families can choose the right school for their child, that student has an even greater shot at success in life,” said Gov. Bill Lee (R) on Twitter. “That’s what our Education Savings Account program is all about. Nearly 1,000 families have applied. 350+ are already approved. And we’re just getting started.”

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Tennessee Supreme Court Agrees to Hear State’s School Voucher Appeal

The Tennessee Supreme Court has agreed to the state’s appeal on the constitutionality of its education savings account program (ESA). The pilot school voucher program has been tied up in a legal battle for all of 2020 after its passage by the General Assembly in 2019, thereby preventing any planned advancement of the program.

The program was previously ruled unconstitutional by Davidson County Chancery Court Judge Anne Martin. She assessed it would disproportionately impact two counties: Shelby County Schools (SCS) and Metro Nashville Public Schools (MNPS). Those districts reportedly contain about 90 percent of the state’s failing schools list. The Court of Appeals upheld Martin’s decision last September.

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AFC’s Shaka Mitchell Talks to The Tennessee Star Report About the Status of the ESA Lawsuit

Live from Music Row Friday morning on The Tennessee Star Report with Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 a.m. to 8:00 a.m. –  host Leahy welcomed Tennessee Director the American Federation for Children Shaka Mitchell to the show.

During the third hour, Mitchell gave updates regarding the education savings account (ESA) lawsuit that was challenged unconstitutional mainly by Mayor John Cooper. He stressed how important it was to get the Tennessee Supreme Court ruling on ESA as parents who had applied and already been approved are losing time to make plans for their children in the fall.

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Commentary: Minority Communities Stand to Lose the Most Because of Judge’s ESA Decision

Next time you hear progressives talk about how they are the ones who are sticking up for minority communities, ask them to square their opposition to educational freedom – or the ability for families to customize their child’s education.

Progressives cheered this week as Nashville Chancellor Anne C. Martin ruled that the state’s education savings account program is “unconstitutional” because of an obscure section in our constitution where it talks about “home rule.”

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Former Rep Don Young on Left-Wing Special Interests’ Weaponization of the Endangered Species Act: ‘It Was Never for Grass … and Flies’

Representative Don Young (R-Alaska), the last remaining member of Congress who voted for the ESA has said, “The Endangered Species Act (ESA) has been weaponized and misused by environmental groups for too long.” The law passed overwhelmingly, but according to Young, “You have to understand when we had this act before us … we were told it was to save leopards and other species, it was never for grass … and flies, and snails, and turtles…”

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Education Savings Accounts Bill Appears Headed to Conference Committee

NASHVILLE, Tennessee – Gov. Bill Lee’s  Education Savings Account legislation appears headed to a conference committee, as the Tennessee House and State Senate both refused on Monday to move from their respective versions of the bill. The House passed HB 0939 last Tuesday by one vote after a dramatic 40-minute delay to break a 49 to 49 tie to end in a 50 to 48 vote, as reported by The Tennessee Star. The tie was broken by Representative Jason Zachary (R-Knoxville), after Knox County was removed as one of the participating counties covered in the program. Two days later, the Senate took up the measure with different language that that passed by the House. After much less drama and by a wider margin, as reported, SB 0795 passed in the Senate with a vote of 20 to 13. Education Savings Accounts (ESAs), part of a suite of education initiatives by Governor Bill Lee, will provide economically eligible parents with educational choice for their children in school districts with the highest concentrations of poverty and underperforming schools. A portion of state education funds will follow the child to a Tennessee Department of Education approved private school to cover costs of certain…

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Senator Dolores Gresham Champions Governor Lee’s Education Savings Accounts Bill Through Education Committee

NASHVILLE, Tennessee – Governor Bill Lee’s most significant education initiative, Education Savings Accounts, made it through another major hurdle as it passed the Senate Education Committee Wednesday by a vote of 6 to 3. Senator Dolores Gresham (R-Somerville), who is also the Chair of the Education Committee, carried the bill as SB 0795. As such, Sen. Gresham turned the gavel over to 1st Vice-Chair, Senator Brian Kelsey (R-Germantown) as she presented the bill. The large Senate Hearing Room I was nearly standing room only with a mix of proponents and opponents to the measure. Discussion of the ESA bill dominated the meeting, which went over its scheduled two hour time period. Sen. Gresham introduced the bill by saying that the Education Savings Accounts (ESAs) will provide opportunities for students where there is a concentration of lower performing schools. “The best local control that can be established in our state’s education landscape is when parents make that decision about how their children are to be educated. This is particularly true for students in areas with multiple lower performing schools and limited high-quality educational options.” Reflecting on the fact that the legislation is an initiative of Governor Bill Lee, Sen. Gresham continued,…

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The Tennessee Star Report: Senior Reporter Laura Baigert on Why The Education Savings Account Bill Cleared a Big Hurdle in Committee This Week

On Thursday’s Tennessee Star Report with Steve Gill and Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 am to 8:00 am – guest host and Nashville Tea Party Activist Ben Cunningham spoke with The Tennessee Star’s own senior reporter Laura Baigert, co-guest host for the day, about the key 14 to 9 favorable vote in the Education Committee this week that moved the Education Savings Account legislation closer to a vote on the floor of the House. Kevin Baigert, Laura’s husband and a long-time conservative activist in the state, was also a special in-studio guest during the broadcast who provided key insights into the vote as well. Cunningham: Had a really interesting episode yesterday at the General Assembly the, one of the Governor Bill Lee’s main legislative initiatives is what’s called an ESA , educational savings account and a real important vote occurred yesterday in the education committee. Laura, you were there. Give us just the two paragraph version of what happened. I saw it was fourteen to nine vote. That’s really is more than I thought the bigger majority. Is that about what you expected in terms of the committee vote. Baigert:…

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Shaka Mitchell, TN Director of The American Federation for Children, Talks with The Tennessee Star Report Shortly Before Testifying in Favor of ESA Bill

In a detailed discussion on Wednesday morning’s Tennessee Star Report with Steve Gill and Michael Patrick Leahy – broadcast on Nashville’s Talk Radio 98.3 and 1510 WLAC weekdays from 5:00 am to 8:00 am – host Michael Patrick Leahy talked exclusively with Tennessee’s director for The American Federation for Children’s, Shaka Mitchell about today’s House Education Committee’s vote on Governor Bill Lee’s ESA proposal. Leahy: And we are joined now by Shaka Mitchell. Shaka was going to tell us a little bit about the details of what’s going on at Capitol Hill. Shaka welcome. Mitchell: Hi. Good morning. Thanks for having me on. Leahy: We’re delighted to have you on. So tell us a little bit about what’s going on with the education savings account bill. It’s really a number one priority for Governor Lee. How did you get involved in this and what’s your view on it? Mitchell: It sure is. You know you’re absolutely right. This is I think, probably the top priority for the governor right now and we’re seeing a whole lot of activity here at the legislator surrounding this bill. And really surrounding education. I think the reason why is pretty clear. You know out…

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Final Details of Gov. Bill Lee’s Education Savings Account Plan Released

Tennessee students in urban cities could start escaping failing schools in fall 2021 as Gov. Bill Lee has pulled the curtain back on his education savings account (ESA) plan, with legislative action planned for Tuesday. Some say the math does not add up. Lee would spend up to $75 million in fall 2021, with half going to families whose children transfer to private or other non-public schools and the remainder going to the districts they leave behind, according to a story on Chalkbeat. The ESAs could cost $125 million each year by 2024. Only 5,000 students would qualify in Year One, Chalkbeat said. Up to 15,000 students could qualify by 2025. One catch is that the failing districts, which are among the 10 percent bottom performers, would only receive the subsidy payments for three years. The governor briefly addressed ESAs in his first State of the State address March 4, as reported by The Tennessee Star. The proposal would only be provided to five county school districts: Davidson, Hamilton, Knox, Shelby and Madison (including the city of Jackson), The Star reported on March 10. Also included would be the state’s Achievement School District of failing schools, the Chattanooga Times Free Press…

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Governor Bill Lee’s Education Savings Account Plan Will Offer School Choice to Less Than One Percent of Tennessee Students in 2020

Gov. Bill Lee is moving forward on his campaign pledge of school choice in the form of Education Savings Accounts (ESAs) available in 2020, although only about one-half of one percent of the state’s students would qualify to participate in the program’s first year. The governor delivered his first State of the State address Monday, as reported by The Tennessee Star. Lee said: I know there’s concern that programs like this will take money away from public schools, but my ESA plan will invest at least $25 million new dollars in public schools in the first year to fill the gap when a student transfers to another school. The Tennessee Department of Education referred a request for more information to the governor’s office. Lee spokesperson Laine Arnold did not reply to requests for comment. The proposal would only be provided to five county school districts: Davidson, Hamilton, Knox, Shelby and Madison (including the city of Jackson). Also included would be the state’s Achievement School District of failing schools, the Chattanooga Times Free Press said. Only 5,000 students in fall 2020 would be eligible, or only about one-half of one percent of the state’s 975,000 students. Qualifying students would be eligible for…

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Poll Shows School Choice Has 67 Percent Support Among Likely 2020 General Election Voters

Latinos and Millennials are among the demographics who most strongly support school choice, the fifth annual National School Choice Poll says. The American Federation for Children, which advocates for educational choice, and Beck Research, a Democratic polling firm, announced the poll results Thursday. More information on the poll is available here in an article by Tommy Schultz, the federation’s national communications director. Support among Latinos was 73 percent, while for Millennials it was 75 percent, the federation said. Full polling information is available here. School choice is favored by a 67 percent to 27 percent margin, Beck Research said. The poll was taken from among 1,200 likely 2020 General Election voters. John Schilling, president of the American Federation for Children, said in a statement, “Despite relentless attacks from opponents of educational freedom throughout the past year, school choice support has grown over the past year. Most parents want a different option for their child and are willing to make sacrifices to go to a better school if they had the option.” According to the federation, one poll highlight was: When asked, “Generally speaking, would you say you favor or oppose the concept of school choice?” and given the following definition,…

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Report: The Endangered Species Act Doesn’t Work Because It Hammers Landowners With Draconian Regs

by Tim Pearce   The Endangered Species Act (ESA) may protect nearly every listed species from extinction, but the law’s recovery rate for threatened and endangered populations is dismal, so far. The Property and Environment Research Center (PERC) released a report Wednesday pointing out a severe shortfall of the ESA: only two percent of species listed under the law have been officially removed from the list as “recovered.” An April 16 study by The Heritage Foundation concluded the real recovery rate is closer to one percent. Proponents of the ESA, however, credit the law for keeping 99 percent of listed species from dying out, though that stat is based on the flawed assumption every listed species would go extinct without federal protection. Still, the ESA is much better at preventing an ailing species from getting worse rather than encouraging its growth. “Few species protected by [the ESA] have gone extinct. That’s reason for celebration,” PERC fellow Jonathan Wood, who authored the Wednesday report, wrote. “But … we want endangered species to recover as well. Achieving that goal, without sacrificing the law’s success at preventing extinction, requires reform that aligns the incentives of private landowners with the interests of rare species while maintaining regulatory protections for endangered species.”…

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Commentary: It’s Time to Update the Endangered Species Act, Because People Are More Important Than Bait Fish

by Printus LeBlanc   The Endangered Species Act (ESA) is the most weaponized law in America. Radical environmentalists use the law as a blunt object to push the zero-growth agenda on the rest of the country, even invading private property. The law prioritizes bait fish over children, kills thousands of jobs, puts people into poverty, and violates the constitution. It is time for Congress to modernize the law and recognize some things are more important than a two-inch fish. As with most laws passed by Congress, the ESA had good intentions when it was signed into law in 1973. However, that quickly changed when radical environmentalists realized Congress handed them a weapon. One of the first cases after the law’s passage set a precedent for how the ESA could be used as a blunt force object by the federal government and environmental groups. The Tennessee Valley Authority (TVA) was building the Tellico Dam in the mid-70s. It was the last of 68 dams constructed in the Tennessee River Valley. A second-year law student at the University of Tennessee, Hiram Hill, submitted a petition to the Fish and Wildlife Service (FWS) to list the snail darter, a small fish the size of…

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