Tennessee’s Constitution, 1840 TN Supreme Court Decision Show 2A Not Unlimited

In August, Governor Lee is exercising his constitutional right to call for Tennessee’s legislature to come together in Nashville for an “extraordinary” session on “public safety” in the wake of the tragic attack at the Covenant School down the road that took the lives of innocent people, including children.

Lee’s press release about the special session did not include the word “guns”, but many are hopeful the discussion will revolve around some version of common sense gun reform, which even Fox News polls show are supported by the overwhelming majority of the people.

Predictably, pro-gun groups are already attacking Governor Lee for the implication that he will support some sort of “Extreme Risk Protection Order” that seeks to keep guns from dangerous people, saying he is betraying their constitutional rights as outlined by the 2nd Amendment. But 19 states already have these laws, including Florida which passed theirs after Parkland, and thus far they have withstood legal challenges.

The questions at the center of this special session will likely be a familiar one, one which we have been debating for many years: How unlimited is the 2nd Amendment really, and what was its true intention? To answer these questions about our nation’s constitution, our state’s constitution, and our Supreme Court’s interpretation of it, may provide the answers.

First, let’s remember what the 2nd Amendment actually says:

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

2nd Amendment absolutists focus on that last part: “Shall not be infringed”, and say that overwrites the rest of it, even though it begins with “well regulated“, which those in favor of common sense gun reforms say would allow lawmakers to place limitations on the owning and carrying of weapons.

Even conservative Justice Scalia interpreted this right as not unlimited.

Former Tennessee House Republican Rep. Brandon Ogles highlighted the “well-regulated” part in committee, drawing ire from his own party.

Another key word to notice there is “Militia”, which many believe means the 2nd Amendment was actually the framers way of making sure the public was able to take up arms against a tyrannical government should the need arise, and not them saying everyone should be walking around armed to the teeth.

Standing here in the year 2023, over 200 years removed from the writing of the constitution, it’s hard to know exactly what they meant. But you know who was a lot closer to it, and in a much better position to understand the intentions of the United States constitution than we are?

The framers of our own Tennessee state constitution.

Article 1, Section 26 of the constitution can provide some clues as to which reading of the 2nd Amendment is closer to the framers’ intentions. It states:

“That the citizens of this state have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.”

Did you catch that 2nd part? Again: “The legislature shall have power, by law, to regulate the wearing of arms to prevent crime.”

The first constitution of our state was adopted in 1796, meaning those who wrote it were contemporaries of the framers of our nation’s constitution, and likely had a pretty good idea of what they meant.

So if they believe the legislature can regulate guns, how can we stand here 227 years later and say they can’t? That seems to be a highly unreasonable position to take.

It’s also worth noting that when Governor Lee and others say that we can’t regulate guns because criminals don’t obey the law, as he said to us after Uvalde, he is speaking in direct opposition to the very words in the state constitution he has sworn to uphold.

Now let’s focus on the first part. Just like in the 2nd Amendment of the United States Constitution, which very clearly says it’s talking about a “Militia”, the Tennessee Constitution’s provision says “for their common defense”. What did they mean by that?

Again, here in 2023 it’s hard to say. But we can draw our answer from the Tennessee Supreme Court in 1840, which was asked to interpret this as it weighed in on a case involving a man who had been arrested for carrying a bowie knife in “Aymette V. State”.

The decision upheld the case against Aymette, who was arguing that Article 1, Section 26 allowed him to carry a bowie knife. In the ruling the Supreme Court made it clear that although he was “insisting” the law “gives every (white, at the time) man the right to arm himself in any manner however dangerous or unusual the weapon” – it went on to say the law did not do that.

Instead, the ruling makes it clear it the Supreme Court believes the phrase “common defense” is key to understanding the law, in that it was really intended to make sure the public could defend itself against a tyrannical government should the need arise again, and that it did not mean individuals could walk around with weapons “efficient only in the hands of the robber and the assassin”, because “these weapons would be useless in war, could not be employed advantageously in common defense.

“The right to keep and bear them is not, therefore, secured by the constitution.”

The ruling goes on to again say that the words “bear arms” are a specific reference to their military use – again useful for our understanding of the 2nd amendment itself – “and were not employed to mean wearing them about the person as part of the dress”.

Not only does the Supreme Court say the legislature can make laws with regard to weapons, it goes so far as to call it “absurd” to think they would not be able to do so, and that the right to weapons in situations of “common defense” would be extended weapons in non-military situations, knowing that “in the hands of an assassin, they might take away life.”

So yes, the Tennessee Supreme Court goes on to say, the Legislature has a right to “prohibit the wearing or keeping weapons dangerous to the peace and safety of the citizens, which are not used in civilized warfare, or would not contribute to to the common defense.

Addressing the argument that the Legislature cannot make these laws, the Supreme Court says it would be to “pervert a great political right to the worst of purposes, and make it a “social evil of infinitely greater extent than abandoning the right itself entirely.”

They go on to imagine “ruffians” entering a “theater” or “church” to the “terror of the audience”, saying it could become “habitual” – which, of course, it has – and say that it would “surely not” be beyond the power of the Legislature to pass laws to stop these horrors.

Prescient, no?

In summation, the Tennessee Supreme Court declares “the right to bear arms is not of that unqualified character” – meaning not without limitations – again reiterating that the law’s intention was of a “common defense” or military nature.

It’s worth noting that the argument of 2nd Amendment absolutists is often that even if it is in reference to a “militia” or the “common defense”, that that includes all citizens. But if they’re going to concede the 2nd Amendment is in reference to the “militia”, that word in the United States constitution is preceded by “well-regulated”.

They cannot have it both ways.

Again, the framers of the Tennessee constitution were alive in 1796. They were contemporaries of the men who wrote the United States constitution itself. Article 1 Section 26 very clearly gives the Legislature the power to make laws limiting the right to carry and keep weapons, and the Tennessee Supreme Court upheld that power in 1840 in Aymette V. State.

Today’s legislators cannot hide behind the constitution. They DO have the power to change our gun laws to keep us and our children safe.

The August special session will be here soon, called by their own Republican governor. It is way past time for them to do it.

ANONYMOUS ETHICS SUBCOMMITTEE MEMBER CASTS DOUBT ON SPEAKER’S CLAIM

Within hours of the Phil Williams report about TN House GOP caucus vice chair Scotty Campbell’s alleged sexual harassment of legislative interns, Campbell had resigned. Even Phil was blown away by how quickly it happened, basically saying he had never seen anything like it in his storied career.

But despite the speed of Campbell’s demise, many questions remained. Why did it take Phil’s report to trigger any consequences? Who knew about the details of the investigation? What was Speaker Sexton’s role in this ugly ordeal?

Sexton was quick to deny any knowledge of the details of the investigation, and majority leader William Lamberth was right there at a press conference to back him up, pointing to the policy governing harassment allegations and saying it protected the victim by keeping the details quiet even from the speaker.

But who is really being protected? Obviously the victim’s confidentiality is paramount, but more and more it’s seeming like what’s really being protected is the speaker from any culpability for his handling – or mishandling – of the situation, and the lack of consequences Campbell faced until the situation became public.

The policy governing harassment complaints itself makes it clear all complaints are to go right to the speaker. And since that initial report we now know more about what went on in the wake of the complaint – including approved expenses taxpayers covered that were shelled out to the tune of nearly $10,000, including almost $1000 in CASH.

Even the intern herself said “it felt like they were trying to buy my silence.”

So who signed the checks? Who approved the expenses, including the cash handout?

Speaker Sexton has pointed the finger at the 4 members of the ethics subcommittee: Rep. Bill Beck (D), Rep, Karen Camper (D), Rep. Pat Marsh (R), and Rep. Sam Whitson (R).

Sexton very clearly is trying to shield himself from blame by using the ethics subcommittee as cover, despite the fact that we know FOR SURE Sexton knew about the Campbell findings as early as March 29th, yet Campbell was met with no consequences until voluntarily resigning 3 weeks later – even as he voted to expel the Tennessee Three for speaking up for common sense gun laws.

We have reached out to each of the 4 subcommittee members to confirm Sexton’s story about them approving the expenses.

2 ignored us entirely.

1 is staying quiet, pointing to the policies governing their committee as the reason they “Can’t talk about that.”

The 4th was not willing to answer anything specifically about the expenses concerning this particular situation, but was willing to answer a more general question: “Does the subcommittee have the power to approve expenses when it comes to sexual harassment allegations?”

The answer from the 4th subcommittee member: “TO MY KNOWLEDGE, NO.”

If that’s true, that means the subcommittee clearly didn’t have a hand in approving those expenses. Which means Speaker Sexton is lying to Phil Williams, and to the public.

What the member is saying makes sense. Everyone we have spoken to at the legislature says they can’t even buy a lamp in that building without the speaker’s sign-off, so it defies logic that $10,000 in taxpayer funds would be spent without his approval, particularly the nearly $1000 in cash.

And again, if Sexton did approve those expenses, and he did know about the Campbell details long before Campbell’s departure, then Speaker Sexton is lying, and the people of Tennessee deserve to know.

Sexton was clearly counting on the subcommittee to maintain their silence to keep folks believing it. An ethics subcommittee allowing itself to be used as cover in that way would seem to be downright unethical – but 3 of the 4 appear to be willing to let that happen.

As for why this 4th member feels the need to remain anonymous when answering a basic procedural question, that seems to speak to a culture of fear and intimidation that permeates the entire capitol under the Sexton regime – one that was apparent in the leaked audio from the GOP caucus meeting we posted a few weeks back regarding the Tennessee Three expulsions, which were in themselves a silencing of dissent and intimidation of a jaw-dropping, undemocratic scale.

The silence of the ethics subcommittee members also begs the question: What does Sexton have on them that they would be willing to provide cover for his lies? Especially when the lies are concerning such an important issue – the sexual harassment of young interns by men in power, one would think they would feel the need to speak up.

Serving on an ethics subcommittee should have 1 requirement: A commitment to the truth. Allowing the speaker to use them as a smoke screen to lie and cover-up his own failures would be the opposite of ethical. And if speaking about who covered the expenses is a policy violation, Sexton already violated the policy by pointing the finger at them.

We asked TN House Dems caucus chair Rep. John Ray Clemmons (D-Nashville) for comment. His response:

“Having never participated in or served on this “double-secret” subcommittee, I cannot speak from personal knowledge about how it operates or what power it wields. However, I know of no rule or authority that would allow a four member group of legislators to unilaterally, secretly appropriate taxpayer funds for any purpose. 
Also, it is my understanding that practically every decision made in the House goes through the Speaker’s office. The Speaker’s office controls everything from assigning legislators’ desks on the floor, committees and specific parking spots to approving staff and office furniture. Now, if someone offered or made a cash payment, as was reported, that is a whole other issue. Such a payment would circumvent all formal channels of normal expenditures or be pulled out of a “petty cash” drawer somewhere in this building that most of us don’t know about.”

AGAIN, the anonymous Ethics Subcommittee member’s response when we asked if the subcommittee has the power to approve expenses in sexual harassment (cover-up?) situations: “TO MY KNOWLEDGE, NO.”

So if the ethics subcommittee didn’t approve the expenses, Sexton must have, which means he knew about the Campbell harassment issue all along and did nothing.

And had Phil’s report not come out, Campbell would likely still be in his seat, and still be vice chair of the Republican caucus.

Between questions concerning his his residency, his inflated self-approved per diem which some want criminally investigated, and now the deception swirling around these very serious sexual harassment allegations, the already loud calls for Sexton’s resignation are sure to grow even louder now.

LEAKED AUDIO: TN House GOP Caucus Infighting Over TN 3 Votes

 

REP. JUSTIN JONES ARRIVES AT THE CAPITOL

OP-ED: “TN Republicans Ducking Debates Shows They Know Their Ideas Aren’t Popular”

This op-ed by Holler editor Justin Kanew was originally printed in the Tennessean

In recent weeks we’ve seen Republicans debate Democratic challengers all over the country, in both red and blue states.

Even GOP incumbents like Gov. Abbott in Texas and Sen. Ron Johnson in Wisconsin stood on stages next to Beto O’Rourke and Mandela Barnes respectively and let the citizens hear from the candidates side by side. An essential moment in any thriving democracy.

Yet here in Tennessee, it’s crickets from Republicans. Whether it’s incumbents like Governor Lee or incumbent Republican members of Congress (i.e., Mark Green, Tim Burchett, etc.) or candidates for an open congressional seat like Andy Ogles.

Tennessee Republicans are ducking their opponents, hiding from debate requests, and counting on Tennesseans to elect them purely because of the “R” next to their name.

Here are a few ideas about why they won’t debate

What are they so afraid of? Clearly they don’t actually think their ideas are very popular, and don’t have a whole lot of confidence in themselves to convey those ideas. One can only conclude they believe they have more to lose than to gain by actually letting the voters hear what they have to say.

They must know their draconian positions on things like their “no exceptions” abortion ban even forcing raped teenage girls to carry to term – would not sound good out loud next to a Democrat fighting for women to have control over their own bodies.

Or maybe they don’t want to have to yet again declare that even after the Jan. 6th hearings proved beyond a shadow of a doubt that the election was not stolen from Trump — with his own team telling us he knew he lost all along and had planned to say the election was stolen as far back as July 2020 — that they won’t accept that President Biden was “legitimately elected” (Governor Lee recently dodged the question from The Tennessean yet again).

It would be embarrassing to concede on a debate stage that they’ve been running cover for an insurrection by minimizing the tragic events of that day ever since, casting doubt on an electoral process so many Americans gave their lives to preserve. That anti-American, fascist position, where you don’t accept the results of elections unless you get the one you want, would not look good next to a Democrat who respects our democracy regardless of the outcome.

Not all Tennesseans are feeling the prosperity that is touted

Then there are other pesky facts they may not want Tennesseans to hear – like the fact that we’ve lost $22.5 billion not expanding Medicaid while we lead the nation in medical bankruptcies. Or that we’re at the bottom in per pupil spending, poverty, infant and maternal mortality, and violent crime.

Democratic candidates for the fifth, sixth, and seventh congressional districts Clay Faircloth (sixth), Heidi Campbell (fifth), Odessa Kelly (seventh) and Randall Copper (seventh) respond to questions during a primary candidate forum hosted by The Tennessean at George Shinn Events Center on Lipscomb University's Campus Thursday, May 19, 2022, in Nashville, Tenn.

Those facts hurt the narrative Republicans here want us to believe, which is that everyone in Tennessee is thriving — when it’s really just those at the top who fund their campaigns who are doing well, while many (especially rural) parts of our state struggle to stay afloat.

They also wouldn’t want you to hear that it’s the Democratically-run cities that prop up the statistics about Tennessee’s economy they love to tout, or that we get 40% of our state budget from the federal government they love to vilify while simultaneously taking money from.

It would be one thing if they were actually working to fix these problems, but they’re doing the opposite. Lee and Green and Burchett and Sen. Marsha Blackburn love to bemoan inflation, and gas prices, and health care costs, yet on a national level our Republicans oppose every effort to address these issues, from a cap on price-gouging at the pump, to a cap on insulin prices, to a bipartisan infrastructure bill (they shamelessly go around taking credit for anyway), to taxing the super-rich.

All citizens lose when candidates don’t debate

The truth is, Tennessee Republicans believe you don’t care. They think all that matters to you is that they have an “R” next to their name, which means they can continue to oppose any effort to actually address our problems and improve our lives without ever being held accountable.

Justin Kanew

So they’ll rob you of the chance to hear from them on a debate stage or go years without having an in-person town hall (like Marsha Blackburn), and we’ll continue along this tragic trajectory.

Until that changes — until we start voting for the person, and the ideas, rather than the letter next to their names — our state will continue to be at the bottom in virtually every important category.

Not every county is Williamson County, governor. Every candidate should debate, regardless of party. When Tennessee Republicans refuse to debate, it’s Tennesseans who lose.

Justin Kanew runs The Tennessee Holler. He ran for U.S. Congress as a Democrat in the old District 7 (Rep. Mark Green’s seat) in 2018.

HOLLERFEST 2022 TICKETS ON SALE NOW!

2ND ANNUAL HOLLERFEST 2022 AT EXIT/IN OCTOBER 3RD
Tickets on sale now HERE
(Sponsored by SEIU)
Hollerfest 2022 is here! Join us for a night of inspiration and music in support of the Tennessee Holler as we host the 2nd annual “Hollerfest” Monday night, October 3rd at Exit/In in Nashville beginning at 7pm CST.
Hear from some of the most powerful progressive voices in Tennessee, and some of the candidates running to make a difference. Billed as “a night of inspiration and music”, Hollerfest will feature a series of brief speeches from powerful progressive voices from around Tennessee, including candidates for congress Odessa Kelly and Senator Heidi Campbell, newly elected representative Justin Jones, the Equity Alliance’s Tequila Johnson, Matthew “Coach” Hawn, Rep. Gloria Johnson, Comedian Josh Black, Levi Black, candidate for governor Dr. Jason Martin and more – plus the music of local Nashville artists Lou Ridley & Chuck Indigo.
“The first Hollerfest was all digital during the pandemic, and it was a lot of fun,” said Justin Kanew, founder of the Holler. “We’re excited to be able to get all of these great voices together in person this time to lift up their stories and provide some inspiration to all the Tennesseans working hard to make Tennessee a better place at a time when those in power seem to be doing all they can to drag us backwards in so many ways.”
It’s a night you won’t want to miss. Space is limited, so get your Tickets on sale now HERE, and sign up to subscribe and support the Holler HERE. 
ABOUT THE TENNESSEE HOLLER:
The Tennessee Holler is an independent, reader-supported network of progressive accountability journalism sites with 10 regional Hollers across Tennessee “Yelling the Truth” about what’s going on here in our state, lifting up voices and shining a light on injustices in Tennessee.

TODAY’S HOLLER: BEACON SAYS THE QUIET PART OUT LOUD ABOUT TISA

THE QUIET PART OUT LOUD



As Governor Lee pushed his TISA education funding overhaul, many of us were hollering from the Smoky Mountaintops that the new “student-based funding formula” was intended to enable MORE money to follow kids OUT of the public schools system MORE EASILY to private schools through vouchers, charter schools and the like.

We knew this because we saw it happen in OHIO, where step 2 of their plan is already in progress, and already harming public schools.

We repeatedly asked Governor Lee and Education Commissioner Penny Schwinn if their Ed funding overhaul TISA will help steer public money to private schools. They denied it. 

But this week, The Beacon Center of Tennessee, a group behind much of the TISA push, just admitted in an op-Ed in the Washington Examiner that Governor Lee’s Ed funding overhaul TISA is in fact intended to help steer PUBLIC💰TO PRIVATE SCHOOLS.

There it is in black and white.

It seems with the formula passed, they now feel comfortable saying what it was really all about.

We warned about this. We posted about it daily. We even asked Governor Lee about it-– ⚡️FLASHBACK: “Isn’t this just the VOUCHERIZATION of our public education system?” (of course, he ran from us)

But Education commish Penny Schwinn denied this repeatedly when we asked her🤥 SHE LIED RIGHT TO OUR FACE: “Step 2 after Ohio’s funding overhaul was private school vouchers & charters—can you guarantee it won’t happen here?”

COMMISSIONER SCHWINN: “I haven’t been part of any of those kinds of conversations.”

So many lies. Right to our faces.

And the marketing blitz now being unleashed on Tennessee to sway public opinion in favor of PRIVATIZERS should tell you how much taxpayer 💰 is at stake. #HillsdaleHeist

Who is paying for this marketing? Us? Is this where that $32 million in the budget went that you gave them in the budget, Governor Lee?

Yes. Governor Lee gave teacher-trashing Hillsdale $32 MILLION of our money — for what, Exactly? Where’d that go?

And now HILLSDALE is texting Tennesseans that they’re not getting taxpayer money 🤥 ?

The lies never stop.

As a reminder, Lee’s RIGGED STATE CHARTER APPEAL BOARD is poised to help Hillsdale-affiliated schools overturn rejections by local school boards.

Meet the (Privately Run) Charter School commission Governor Lee picked to overrule locals that reject (Hillsdale) charter schools seeking taxpayer💰👇🏽
email: [email protected]

We’re going to keep yelling the truth about this, but the truth is a lot of damage has already been done.

If your reps supported TISA, and vouchers, and the creation of the state charter commission, they supported the dismantling of our public schools, which Republican Rep. Bob Ramsey told us last week is Governor Lee’s goal. 

And they should be held accountable for it.

People need to know. Spread the word. You can’t support Governor Lee if you support public schools. Period. Hopefully Tennessee will choose another option, which they have in Dr. Jason Martin.

We’ll keep yelling the truth about all this. Please consider chipping in monthly if you can. We depend on your support.

– The Holler
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REPUBLICAN REP RAMSEY: “GOV. LEE WANTS TO END PUBLIC EDUCATION”

REPUBLICAN REP: “GOVERNOR LEE WANTS TO DO AWAY WITH PUBLIC SCHOOLS”

Yesterday, for the first time ever, we had a Republican legislator on the Holler.

The lack of Republicans hasn’t been by choice – we’ve invited them, they just haven’t accepted our invitations. Until now.

Rep. Bob Ramsey out of Maryville agreed to come on, having just been unseated in a primary by a challenger backed by a big war chest from school privatization PACs who were mad at him for standing against Governor Lee’s efforts to steer public dollars to private schools through privately run charter schools, vouchers, and his TISA ed funding (privatization) overhaul.

The main takeaway from Ramsey’s appearance was that he confirmed everything we’ve been warning about when it comes to the privatization attacks on our public schools, which Governor Lee is spearheading. Rep. Ramsey, a Republican, even SAYS LEE WANTS TO END PUBLIC EDUCATION: “I do believe Governor Lee’s goal is to do away with public education.”

Here’s the FULL PODCAST (19 mins) with Rep. Ramsey, the first Republican legislator ever to come on the Holler. (FULL STREAM)

REP. RAMSEY also says “Preparations have been made to make overturning local rejections (of Hillsdale-affiliated schools) a slam-dunk, and that LOCAL EDUCATION AUTHORITIES REALLY HAVE NO POWER.” 

As we’ve been saying, Lee’s state appeal board is rigged to strip local control and push Charter Schools through even where locals have rejected them.😳

And Ramsey’s reward for standing up for public schools? He lost his seat. Governor Lee and his privatization pals sent a message to Ramsey and Weaver that standing against their attacks on public schools will not be tolerated.

Meanwhile, GOVERNOR LEE is out there blatantly lying about his connection to Hillsdale, telling reporters “I’m not engaged in Hillsdale’s efforts.”🤔 

Lee tries to distance himself from Hillsdale’s teacher-trashing as their (privately run) charters try to get local rejections overturned by his rigged state board, but he already gave them $32 MILLION of our💰in the budget.

Ramsey is telling the truth. Governor Lee wants to do away with public education. You can’t support Lee and public schools, which is why we hope people will get behind Jason Martin in November.

We’ll keep covering this attack on our schools, and trying to talk to Republicans like Bob who will tell us the truth.

Please consider chipping in monthly if you can. We depend on your support.

– The Holler
(CHIP IN MONTHLY HERE)
Please consider chipping in even just $5 or $10 monthly to help us continue this work.

“IS THIS MEMORIAL FOR DEAD CHILDREN GOING IN THE GARBAGE?”

10 minutes after the vigil outside Governor Lee’s office, he had the memorial for #Uvalde & #Buffalo victims removed, along with a letter signed by dozens of clergy. Unconscionable.

HAMILTON COUNTY TEACHER: “WHY I AM LEAVING TEACHING”

Below is an open letter from Hayley Little, a Hamilton County 7th Grade math teacher who has decided to stop teaching after 5 years, that she sent to the superintendent and all the school board members. We have posted it with her permission.

To Whom It May Concern,

After five years of teaching in Hamilton County, I have decided not to return to the classroom
next year. Teaching was a lifelong dream of mine, so I am not exaggerating when I say that this
decision has left me completely heartbroken. It is no secret that teachers across the country are
quitting in droves. We are concerned and completely overwhelmed by how the public education
system seems to be deteriorating at a rapid pace. We feel helpless, at the mercy of
policymakers who have no idea what is actually happening in our classrooms. What frustrates
me the most is that many of our concerns have pretty simple solutions. I ask that you please
read through this letter and take my worries and suggestions to heart. Our education system is
broken and you have a responsibility to try and make it better.

I have tried to keep my explanations as general as possible, but note that I have only taught 7th
grade math for the entirety of my career. So, everything that I say is going to inevitably be
through that lens.

Accountability for Behavior

One of my top concerns is a lack of accountability when it comes to student behavior. I know
that there are always going to be behavior problems when you are working with kids. However,
as adults, it is our responsibility to respond with appropriate disciplinary action. Over the past
two years I have noticed an increase in behavior problems that I believe is directly correlated to
a decrease in disciplinary follow through.

Here are several examples to illustrate my point:

1. I had a student steal a piece of my property. It was caught on video tape, yet our Dean of
Students said it was “questionable” and since the student denied it, he claimed there was nothing he could do.

2. I also had a student take the name plate off of the wall outside my door and break it. This, too, was caught on camera, but the student was not disciplined.

3. The same student from the previous incident brought an airsoft gun to school. It looked
like a pistol and, since I am not a gun expert, I would have assumed it was a real gun
had he pulled it out in class. Luckily, because another student reported it, our
administration was able to apprehend the gun before anything happened. Since an
airsoft gun is a weapon that can cause real physical harm, I assumed this offense would
be 365 days of suspension. This was not the case. From my understanding, employees
at the central office level told my school’s administration that the maximum suspension
was 10 days because it was not an actual weapon and could not actually harm
someone. Anyone who has experience with airsoft guns will tell you that is just not true.
That student returned to my classroom and I would be lying if I said I did not get nervous
every time they reached into their backpack.

4. Another student of mine assaulted a teacher and vandalized that teacher’s property. This
was after they had already sexually harassed their classmates, threatened to stab
another teacher, fought multiple peers, etc. Again, I felt like this behavior warranted a 365 day suspension. Instead, this student was sent to spend some time at Washington
Alternative School and we created yet another behavior plan. Recently, however, I found
out that their mom had quickly removed them from alternative school because she felt
that it was too strict for her child. She kept her student at home for the duration of their
suspension. That student returned to school and had to be escorted from class to class
because they were a threat to others. After being back at school for only two days, the
student was already threatening other students and was caught trying to skip class
multiple times. So much of my time and energy was taken away from my other students
because I have had to manage this child.

 

These are just some of the behavior incidents that I have personally experienced. There are
countless more just like them and I know plenty of other teachers who have experienced far
worse. It is important to note that when major discipline problems like these are not handled
appropriately, consequences for smaller infractions like cell phone usage in class, dress code
issues, vandalism, etc. become nearly nonexistent. My school has discipline policies regarding
all of those things. Yet, when teachers try to enforce the rules, higher-ups refuse to follow
through. There have been multiple times this year where administration has made sweeping
threats such as “if you vandalize the school we will press charges”, “If you disrespect a teacher
during the last two weeks of school, we will suspend you”, or “if you are out of dress code, you
will be sent to ISS.” Very rarely are these threats actually enforced. More often than not, a
teacher will send a student to the office for breaking one of these rules and then the student will
come right back to class with only a simple warning as their punishment. Our students are not
dumb. When they realize that their teachers have no authority over them, they feel entitled to do
anything.

I have also sat in many meetings where I was asked to tell “my side of the story” in front of
misbehaving students and their parents. To put me on the same level as a child and suggest
that there is a “my side of the story” that differs from the truth is beyond patronizing. Teachers’
disciplinary authority has been consistently diminished over the past few years and, as a result,
student behavior problems have drastically increased. Every teacher I know is beyond frustrated
at the lack of clear consequences for seemingly obvious disciplinary actions. I am sick of coming
home every day with some sort of story that shocks my friends and family. I am sick of simply
shaking my head and rolling my eyes when the outrageous is deemed acceptable by our
leaders. Until you are spending day in and day out in a classroom, you have no idea the danger
and chaos that comes from having no consistent behavior policies.

The solution to this problem is simple. Follow through with consequences. Expel students for
violent crimes that put their classmates’ and teachers’ lives in danger. Allow schools to handle
their discipline problems as they see fit. When school administrations’ hands are tied because
central office staff members reprimand them for (or even forbid them from) suspensions,
expulsions, etc. our schools’ learning environments are no longer safe or stable. Believe
teachers and respect their authority to discipline appropriately. When teachers or schools are
not disciplining appropriately, handle it on a case by case basis. I am someone who always
advocates for students and is often quick to forgive, but I know that there must still be clear consequences for poor (and even dangerous) behavior. How is it fair for teachers and children
to sit in classrooms with students who are repeatedly violent and disrespectful? What are we
teaching all of the students who watch their classmates act wildly inappropriately and then
return to class with no consequence at all? Why do we have rules and policies if nobody lets us
follow them?

Accountability for School Work

I know that there are a lot of different educational philosophies when it comes to things like
grades, late work, test corrections, etc. However, I also know that nearly every teacher out there
believes that students should be held accountable to some sort of standard. During COVID, the
district released some policies regarding late work and overall student grades. These policies
have stuck around long past the early days of COVID and essentially require teachers to pass
students regardless of their actual content knowledge. These policies completely undermine our
efforts to instill a sense of accountability in our students. For example, I am not allowed to give grades lower than 59% even if a student did not turn in the assignment. I have to raise every student’s quarterly averages to at least 65%, even if they did not complete any work. I have to allow all students to correct all of their assignments and turn them in whenever they want. This year we were told that we cannot retain students, even those students who have 11% averages in classes or have been absent 75% of the school year. While I do believe that some of these policies make sense in certain extreme scenarios, those situations are few and far between.

When every single student is promoted to the next grade, regardless of their abilities, we are
setting them up for future failure. Even if it does not make a difference for the actual student
being retained, it certainly makes a difference for the hundreds of students watching. How are
we supposed to hold students accountable to actually learn the material? Many students are not
intrinsically motivated. They need to know that there will be consequences for poor academic
performance. If it were not for the threat of having to repeat a grade, a large portion of our
student body would no longer feel the need to attend school or learn. I have spent all year telling
my students and their guardians that the district policy requires them to pass both math and
English in order to advance to the next grade. For students who fail and do not attend summer
school, this new zero-retention policy has made me a liar. We want students to perform
exceptionally well on rigorous standardized tests, yet we do not require them to meet simple
deadlines or grade requirements? It does not make any sense.

Diminished Respect for Teachers

Coming into this job, I assumed that I would get to create my own engaging, standards-based
lessons because lesson planning is one of the primary responsibilities of a teacher. I was excited to bring my passion and love of learning into my classroom. My first few years of teaching, I was trusted to do just that; I had the opportunity to create a lot of my own lessons. There was still a district wide curriculum, but I had the freedom to modify the material and supplement it with outside resources as I saw fit. My fellow teachers and I had so much fun finding new ways to engage our students and I loved exercising my own creativity when building lessons. My school administration gave us the space to play to our strengths and do what was best for our students.

However, over the past couple of years it has become increasingly clear that this school district
does not trust their teachers to 1) understand state standards, 2) find rigorous materials, or 3)
discern what our own students need in order to succeed. Our freedom has been completely
stripped away and our curriculum has become more and more restrictive. It is to the point where
it feels like we are supposed to be robotically following a script. We are handed curriculum
guides and told that we need to follow them to a T. All of our lesson materials must be
county-approved. All assessments must come from the same source. Any type of creativity on
the teachers’ end is strongly discouraged. Every teacher has different gifts and passions, but
there is no room for individuality under current district guidelines. It is no secret that the kids
hate it as well. Many of these county-approved lessons are boring, too advanced, and simply
not relevant to our students’ interests and lived experiences. In their words, not mine, it feels like
we are “sucking the joy out of learning.”

To further illustrate my point, let me share these personal anecdotes:

This fall and winter, I participated in two different full day planning sessions with my content
teaching partner. While this sounds like a wonderful idea in theory, we were essentially babysat
by the district math lead. These meetings were intensely stressful and counterproductive for a
number of reasons.

1. We were forced to go through Benchmark data that my partner and I had already thoroughly examined prior to the meeting. Even though I told the district math lead that we had already made a remediation plan based on the data, she made us walk through the data again with her. We spent roughly 1.5 hours of our “planning day” doing something that we had already done.

2. During that same meeting, we were explicitly told that we were not allowed to use anything other than grade-level material. Thirty minutes later, the district lead had us read an article that was all about utilizing resources from previous grade-levels in order to better differentiate grade-level content for our struggling learners. I pointed out the blatant hypocrisy there and the district lead refused to acknowledge how inconsistent their messaging was. It is incredibly frustrating to be told that I need to be doing something, only to turn around a little while later and say that I need to be doing the complete opposite. Unfortunately that is pretty par for the course when it comes to
district-led PD.

3. At one point, my teaching partner said that they were trying not to work outside of contract hours unless they were being paid. Our district lead laughed and said “Well you’re a teacher. You have to.” That mindset and attitude is demeaning and troubling because it implies that we do not deserve to be compensated for our work. I will speak more on that later.

4. At another meeting, we tried to plan a week’s worth of lessons. The subject of the lessons was one that I was excited about; I had tons of ideas and materials from previous years of teaching the same topic. Let it be known that I was the only person in this meeting who had ever taught this standard before. Every idea that I suggested was completely ignored. When I brought up solution strategies that my previous students used, I was told “No, I really think students will solve it this other way.” Everything I contributed to the conversation was dismissed if it did not match up exactly with the
textbook. My four years of experience teaching this exact same lesson (and doing it successfully, might I add) were not valued or respected.

5. When I brought up the fact that teachers should be trusted to know their students’ needs and plan accordingly, the district lead told me that they place their trust in “the experts” who wrote our curriculum. I think it is foolish to believe that there is one single curriculum out there that will magically meet all of our teachers’ and students’ needs. Students across the country manage to learn the exact same concepts from tons of different resources; we as educators should be trusted to find suitable resources. The district lead continued to argue with me until eventually they admitted that we have to use this curriculum because the school district paid a lot of money for it. Money was the priority.

If you think I am being too harsh or that I am disproportionately outraged with the limitations of
our curriculum, know that many teachers feel the exact same way that I do. They are sick of
being put into boxes, they are sick of being treated like they are incompetent, and they are sick
of people acting like every student and teacher is the same. We are trained professionals. We
deserve to have the freedom to teach the way that our students learn best, with materials that
we feel passionately about. We deserve the trust to plan lessons that are rigorous, engaging,
and standards-based without someone micro-managing our every decision.

Now you might be thinking, What if teachers do not find rigorous enough materials? or What if
teachers are not using their planning time wisely? To that I say it is our supervisors job to know
what their staff is up to and to intervene when teachers are not performing up to standard.
Notice that student performance data is taking a drastic turn for the worse? Step in and work
with the teacher to identify the problem. Notice that a teacher’s lessons are not in alignment with
state standards? Let the teacher know, help them identify quality lesson materials, and then
randomly audit their lessons from time to time to ensure they are meeting expectations. Rather
than punish all teachers for just a few teachers’ incompetency, recognize teachers who are
doing a stellar job and remove those who are not. Assume that all teachers are operating with
good intentions and that they are putting a great deal of thought into their lesson plans. When
they are not doing those things, then you can handle these situations on a person to person
basis. If teachers can diligently keep up with the strengths and weaknesses of their 100+
students, then school administration and central office staff can certainly do the same with us.

Lack of compensation

I cannot talk about why teachers are leaving without talking about compensation. It is no secret
that teachers are not fairly compensated compared to other fields. We could go into a long list of
reasons why this is the case: teaching is a female dominated field and females are typically paid
less than men, teachers are not allowed to negotiate their salaries, teaching is a service
oriented profession, etc. I feel like this is all common knowledge and yet nobody is doing
anything to fix it. We are screaming into the void, begging for help, and nobody is responding.

Let me share some specific issues that I feel could be easily improved.

First of all, I would like to note that our salary scale does not account for differences in job
expectations. Go to any school and you will see that there are different expectations for tested v.
non-tested subject areas. Look even more closely and you will see that math and ELA teachers
have an even heavier workload compared to other subjects. Whether it is intentional or not,
tested subjects are monitored more closely. We have to attend more professional development
sessions, we have more pressure from administration and the district, we have stricter pacing
and curriculum requirements, the list goes on and on.

Additionally, at my school, ELA and math teachers are the only ones to lead RTI classes. Teachers in other subject areas just have to monitor students while they complete online assignments for RTI. ELA and math teachers are expected to prepare direct instruction lessons for their RTI groups. Those teachers are not, however, given more planning time or money to compensate for the extra work.
Additionally, it is well known that teachers work well outside of their contract hours. In order to
properly accommodate all of my students’ diverse needs, grade in a timely fashion, and adjust
my lessons according to data, I have to work well outside school hours. I typically have to work
1-3 additional hours outside of my contracted time each day. Most of the teachers that I know
have to do the same. It is unavoidable. There are years where I have done the math and, when
I factor in those additional hours, my pay ends up being between $10 and $15 per hour. That is
simply not okay.

Our salary also does not reflect the emotional toll that this job takes on us. So many teachers
that I know, including myself, have had to take anxiety meds and go to therapy because of this
job. Some teachers that I know have even been hospitalized. It has reached a point where the
stress that comes with this job also comes with a financial burden as we try to care for
ourselves.

I do have some suggestions for how people can begin to fix this problem. First of all, teachers
should have the opportunity to negotiate their salary. These negotiations should not be based
solely on testing data, because that would cause a slew of problems, but rather on a teacher’s
performance as a whole. Are they an exceptional teacher leader? Do they foster great student
relationships? Are their students excited and engaged by the content? Are they putting in the
time and effort to improve their practice? Do they have records of both qualitative and
quantitative data that show student growth? Again, it is administration and the district’s
responsibility to know their teachers and to thoroughly evaluate teachers’ performance as a whole. If teachers were able to negotiate their salary, then perhaps they would feel more motivated to stay in their field.

These extra funds could come from a number of places. One suggestion is to cut back on
central office personnel. For example, you could eliminate the district content lead positions; put
together a diverse group of teachers from each subject/grade level who will work together to
create curriculum guides, professional development sessions, etc. Rather than pay one person
to do that role, give raises to the group of teacher leaders. Similarly, you could eliminate other
non-essential positions and leave those responsibilities up to each school. Because the schools
in our district are so diverse, I feel that it makes more sense for there to be school-specific
leaders (such as instructional coaches or department heads) who help their teachers navigate
school-specific situations. Not only would it cut back on spending, it would also boost teacher
morale. Oftentimes, teachers feel that central office leaders are out of touch with schools’
needs. If leadership was coming from within the schools, their guidance would feel more
relevant and personal; teachers would be more responsive to their suggestions.

Testing

I am also incredibly concerned about the amount of testing our students have to undergo and
the mental toll that it is taking on them. At the middle school level, our students take three online
diagnostic tests throughout the course of the year in both ELA and Math. Each one of these
tests takes roughly three days to complete. Our students also take three benchmarks, one at
the end of each quarter, as well as state testing at the end of the year. These benchmarks and
state tests take roughly 1-2 weeks for our students to work through all core subject areas’
assessments. I did the calculations and this year my students lost between 15-20 days worth of
instructional time due to testing. That is almost a whole month of the school year that is
replaced by standardized testing. On top of that, we are also expected to administer at least four
regular classroom assessments each quarter.

Our students are anxious, frustrated, and completely overwhelmed by the constant pressure to
perform. In the past month alone I have had several students admitted to residential mental
health facilities because they were so stressed out. Standardized testing is killing our students’
natural curiosity and is proving to be seriously detrimental to our kids’ mental health. Test scores
are also a huge source of anxiety for teachers because one of the only times that they receive
recognition is when their students perform well on assessments. In my experience, nothing
excites administration or central office more than good test scores. It is like everyone has
forgotten the fact that we are supposed to be creating life-long learners who are capable of
more than just bubbling in answers on a scantron. Our students and teachers have so many
other wonderful accomplishments that go unnoticed because standardized testing is prioritized
above all else.

To anyone who says that we need standardized testing data in order to measure student
learning, I would like to remind them of a few things. First of all, competent teachers do not need
standardized testing data in order to tell you their students’ strengths and weaknesses because
they are the ones working with their students day in and day out. Rarely have I looked at testing
data and been surprised by what I saw. Second of all, student performance can be affected by
so many outside factors. If students do not get enough sleep the night before, if they are
preoccupied with problems at home, or if they do not see value in standardized testing, their
scores will be lower than they should be. Similarly, a student could select random answers for
the entire test, get lucky, and then end up with a higher score than they should. I would argue
that the day to day data that you can collect by visiting classrooms and talking to students is far
more valuable than any standardized test score.

Not only would decreased testing add back valuable instructional time, it would also improve our
teachers’ and students’ overall wellbeing. Without the constant pressure to perform, students
and teachers would have the headspace and motivation to engage in more enriching learning
experiences. In order to cut back on unnecessary testing, I propose the following adjustments
for middle schools in Hamilton County:
1. iReady diagnostic in August
2. Benchmark in December or March (either at the end of Q2 or Q3)
3. TNReady testing at the end of the year
4. iReady diagnostic at the end of the year

I appreciate you reading through my concerns and I urge you to start making some changes
before things get worse. Every teacher that I know has already quit or is seriously considering quitting.

When you walk into schools, the tension is palpable and everyone seems to be hurting
in some way. Teachers are desperate for change because we know that our students will be the
ones to suffer the most when there are staffing shortages. Students deserve to have
experienced, passionate teachers in their classrooms. Unfortunately, many of those teachers
are leaving the field. Last week I asked my students to reflect on the past couple of years. They
said “We wish that learning was fun like it used to be,” “We wish that there were consequences
for when students do not follow the rules,” and “We wish that teachers were happy to be here.”
Our students are not blind to the issues that plague our system. The good news is that these
problems have solutions. Teachers know that. We just do not have the freedom to fix them on
our own.

Leaving teaching has not been an easy decision for me. It has been utterly devastating to
realize that my greatest passion in life is also the thing that causes me tremendous stress. I feel
a great deal of shame when I think about leaving my students and coworkers behind. However, I
do know that I deserve to work in a field where I am fairly compensated and am trusted to be a
professional. Although I am leaving the classroom, I will never stop advocating for our teachers
and our students. I encourage you to start having these deep conversations with teachers
across the district so that you can get other perspectives as well. Teachers are smart and capable and they deserve to be heard.

Please let me know if you have any questions or if you would like to have a more thorough conversation in person.

Thanks,
Hayley Little