The Raw Deal

By: Natalie Speier

This article was originally published in GPR’s Spring 2017 Magazine

This past November, Amendment 1, an educational reform measure championed by Governor Nathan Deal, failed to pass with almost 60 percent of Georgia voters in opposition. With the initiative still fresh on the minds of the public, the governor has announced that, along with support from fellow Republican lawmakers, he plans to move forward with his vow to save chronically failing public schools–this time through legislation.

In order to gain a better understanding of exactly what Deal and his legislative counterparts plan to do to revive these schools, it is important to look back at exactly what Amendment 1 proposed and why it divided the state of Georgia so decisively.

The number of Georgia public schools that are chronically failing­–meaning the school has received a College and Career Ready Performance Index score of below 60 percent for three consecutive years–is growing, especially among minority and low-income communities. According to the Governor’s Office of Student Achievement, in 2017, 153 schools received an ‘F’ grade, which is an increase from 127 in 2015 with the same failing score. Amendment 1 was designed to remedy this issue by placing 140 struggling schools into a single Opportunity School District (OSD). Modeled after a similar program in Louisiana the amendment would have given a state-appointed superintendent broad power to make reforms within the school district. Proponents of the amendment saw it as a new and innovative way to enact real change within the school system. Even the phrasing of Amendment 1 on the ballot, providing “greater flexibility and state accountability to fix failing schools through increasing community involvement,” made the OSD seem like a no-brainer.

However, for the majority of Georgians, the initiative was not the exciting, one-stop plan for reforming schools that Deal advertised. To start, the broad powers given to the superintendent to close low-scoring schools or hand over their operation to charter schools were unsettling to many who believed that a state-appointed superintendent may play politics rather than do what is best for students.

Another concern was that many of the schools slated to join the OSD have overwhelmingly poor, African-American populations. With Georgia’s history of school segregation, the possibility of creating a two-tier system seemed eerily similar to the education systems of the past. Though the amendment in no way suggests the re-segregation of schools, there was considerable worry that the OSD would inadvertently separate majority-minority schools from the rest of the state’s public school system. The fact that very little was said about exactly how this new school district would improve teaching and learning did not help the amendment’s case.

When it came time to choose whether to amend Georgia’s constitution, 60 percent of Georgia’s voters stood against Deal’s plan, leaving the Governor’s promise to improve schools unfulfilled. For the Republicans, this was an embarrassing blow: a great deal of political capital had been wasted, and with the 2018 gubernatorial election coming up, effective education reform seemed essential.

Deal nonetheless is moving forward with what he calls his “Plan B” education initiative. Though the details of the plan have not been established, it is likely that Deal will want to make the new law similar to the program proposed by Amendment 1.

This legislation, however, will face challenges before it becomes law, starting with a 2011 Georgia Supreme Court decision, which ruled that the Constitution of Georgia only gives county and local education, boards the right to maintain and create public schools. This decision, which struck down a law that would have created a Georgia Charter School Commission, makes it hard for lawmakers to find a constitutional route to build something like the OSD. This landmark case was the primary reason the governor’s plan was put forth as a constitutional amendment in the first place. Deal and Republican legislators have said they feel confident they will be able to work around this restriction in their new plan. However, it is unclear exactly what a reform bill that conforms to the 2011 decision will look like.
The ruling will not be the only problem Republicans face, as the public voted heavily against the bill this past fall. It is very possible a bill resembling the OSD would be unpopular, and Republican lawmakers will have to take this into account when voting for Deal’s “Plan B”.
Additionally, Democrats in Georgia’s General Assembly have been re-energized by the vote against Amendment 1. Many see Georgia voters as on their side–at least concerning education reform. This means Democrats will probably put up a fight if the new bill too strongly resembles the failed ballot initiative.
Georgia House Minority Speaker Stacey Abrams is cautiously optimistic about what an education bill might look like. She hopes the plan will include some Democratic priorities, such as pay raises for teachers and community reform initiatives in the areas surrounding these schools. With opportunities for compromise possible, she and many of her fellow Democrats will wait until the bill has been written before attacking it.

Others are less confident and believe Deal’s new plan is more about recovering political ground lost than helping the more than 68,000 students currently enrolled in failing public schools.

This argument, though pessimistic, may have some merit. Since a bulk of the state’s budget goes to education, Deal simply cannot afford for the failed ballot initiative to be the final word in his education legacy. The success of Deal’s “Plan B” is also important to the Republican Party, especially with the upcoming 2018 gubernatorial election. Being cast as the party that failed on education reform could sincerely hurt the Republicans’ chances of electing another governor. This forthcoming election makes a popular and effective education bill crucial to keeping the party in office, which is likely what Deal and his counterparts plan to do with their new legislation.

Though no major party candidate has announced their intentions to run for governor, it is likely that Deal’s right-hand man and lieutenant governor, Casey Cagle, will throw his hat in. This makes success in educational reform even more imperative, as it is looking like Cagle will frame his run around his own educational policies. His 2016 book “Education Unleashed” offers a “comprehensive vision to transform the way that public schools educate.” With a Republican “Plan B” in the works, it seems likely that Cagle will frame himself and his party as advocates of public education.

In terms of getting education reform legislation passed, the odds look quite good for the Republicans. Even though the GOP today is less friendly to Deal–due to two contentious vetoes made by the Governor in the past year–Democrats only make up one-third of the house. Deal’s efforts have already received the support of the Speaker of the House.

Whatever bill is proposed, it is clear to both sides that the problem is only getting worse. The state of Georgia’s public schools is deteriorating. According to the Governor’s Office of Student Achievement, 26 additional schools were labeled as chronically failing in 2016. Whether Deal’s new plan will be the golden ticket is unknown for now, but for the sake of the students attending these F-rated schools, change needs to come, and fast.