Is Our Constitutional Republic Being Replaced? Unelected, Soviet-Style Councils Making Decisions That Affect Us All

Over the last several years Free YOUR Children has had a firsthand look at the political process in Tennessee. I have come to the striking and unsettling realization that the voice of “We the People” has been largely silenced by a form of government that Charlotte Isterbyt warned about.

Here is an excerpt from Isterbyt’s book The Deliberate Dumbing Down of America:

These documents prove there has been a well-formulated and funded plan to change the American system of government through decision making by unelected task forces, Soviet-style ﬁve-year plans, Delphi-type discussion groups, etc. This type of participatory decision making called for by regional government—involving partnerships and unelected councils—is taking place in every state of the nation today. It is rarely challenged since few Americans understand our constitutional form of government, and are, therefore, unable to recognize the important differences between a representative republic and the parliamentary form of government found in socialist democracies.

Tennessee, the red state, is operating from a place of big government where Big Brother gets the final say. Several glaring examples of this in education are the State Charter School Commission, the State Board of Education and the Non-Public Schools Advisory Council. I realize there are multiple other areas of government in which this is being implemented, but my focus is education; therefore, we will start here with the State Charter School Commission.

Local school boards really have no control over charter schools even though that is the lie taxpayers are being fed. If local school boards vote down a charter school, the school can then appeal to the State Charter School Commission. This commission can override, and has overridden, decisions of local school boards and approved the charter schools to open, completely disregarding the decisions of local, elected school board members. Who sits on the State Charter School Commission, you ask? Well, whomever the governor chooses, of course.

“All members are appointed by the governor and confirmed by the General Assembly,” according to tn.gov information on the Tennessee Public Charter School Commission.

The State Board of Education is another example. Who sits on the State Board of Education? Same song and dance.

“Board members are unpaid appointments, confirmed by the Governor and legislature.”

The State Board of Education works in conjunction with the Tennessee Department of Education, and “establishes rules and policies governing all aspects of K–12 education necessary for the success of individual children, their communities and the state of Tennessee,” as its rules and policies read.

Why should you be concerned about these appointments?

The State Board of Education in Tennessee has a huge influence over public, private and home-schools. This became apparent to Free YOUR Children after learning that rules were being “revised in 2023 that would affect non-public schools (Category IV homeschools).” In 2023 I reached out to Diana Burton, the senior manager of non-public school programs for the Tennessee Department of Education, to discuss this matter. Below is Burton’s reply:

Diana Burton
diana.burton@tn.gov
Friday, Jun 2, 2023

Dear Ms. Boyd,

Thank you for sharing your feedback on the revisions to the State Board of Education’s Non-Public School Rules. The State Board, in collaboration with the Department of Education, began the process to revise and update the rules in 2022 to remove outdated language and provide additional clarity for families and schools regarding the requirements of non-public schools in Tennessee. As part of these revisions last year, State Board and Department staff provided several opportunities to the public to offer feedback on these rule revisions. We held multiple meetings with the Tennessee Non-Public Schools Advisory Council (which includes representatives from homeschool organizations), and solicited feedback from the Tennessee Christian Schools Association, Tennessee Association of Independent Schools (TAIS), and the Heads of School for a number of Category III schools. The State Board also held a formal rulemaking hearing, as required by law, on Sept. 15, 2022 to gather additional public comment. The rules were approved by the State Board in October 2022 and are currently undergoing formal approval by the Secretary of State’s office. The effective date of the rule revisions is August 15, 2023.

The Department collaborates closely with the State Board of Education on rule and policy revisions for Tennessee education. We value feedback from parents and families regarding changes to State Board rules, and would encourage you to review the State Board Meetings Calendar for upcoming opportunities to offer public feedback on rule revisions.

Sincerely,

Diana Burton | Director of Non-Public School Programs
Division of Choice, Office of Districts and Schools

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I became increasingly concerned when it was brought to my attention that there was a Non-Public Schools Advisory Council that was working in conjunction with the State Board of Education. Who sits on that advisory council? Those nine members are appointed by The Commissioner of Education, who is appointed by the governor. Do you see a pattern?

I requested, as an independent journalist and a member of the press, the dates of the non-public schools advisory committee meetings in order to cover those meetings for the public at large.

I never received a response from Diana Burton. Instead, I received a response almost three months later from the Tennessee Department of Education staff attorney Marlee Lizarraga:

Marlee Lizarraga
marlee.lizarraga@tn.gov
Friday, Sep 13, 2023

Dear Ms. Boyd,

The TN Department of Education has received your request for the dates of upcoming Non-public Schools Advisory Council meetings. These meetings are not open to the public and are organized by the advisory council itself, not the Department. The advisory council’s role is to advise and update the Department on matters related to the approval and administration of non-public schools. Additionally, the advisory council is not a governing body with decision making authority, and the purpose of the meeting is not to make a decision, or deliberate toward a decision, for which a quorum is required. Therefore, the meeting is not subject to the Tennessee Open Meetings Act (TOMA).

Sincerely,

Marlee Lizarraga
Staff Attorney for Operations
Office of General Counsel

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This Non-Public School Advisory Council is advising the Department of Education on policies that affect taxpayers and families, yet we are not allowed to attend the meetings. They are not open to the public nor the press.

Matthew Bullington, the President of the Middle Tennessee Home Education Association, is serving his second term on the Non-Public Schools Advisory Council. On Aug. 12, 2020, Mr. Bullington contacted me to thank me for alerting the MTHEA to the Well-Being Child Check initiative. When asked if he would address the home-school community about the work that his organization was doing about the Well-Being Child Checks, Bullington responded, “I’ll take out the sentence about me being on the advisory council. I’m fine with home-school leaders knowing but am not wanting to broadcast it, as this is the first time in a long while that the TDOE has asked for a home-school representative to be on that committee and I don’t want to compromise that new position.”

I did not know then what this advisory council was, nor did I understand why he didn’t want anyone to know he was sitting on that council, as I was not directly involved with the political process at that time. However, this incident regarding the Well-Being Child Check Initiative was the catalyst to the work I do today. I felt it was becoming increasingly apparent that taxpayers and families needed to get educated, involved and to start advocating for themselves. I knew there was a big problem within our state government, I just didn’t know how big or why. Now I do.

The question still remains: why would the President of the Middle Tennessee Homeschool Education Association not want the home-school community at large to know he was sitting on that council? How can you represent the home-school community at large if they are unaware of what is being discussed in the meetings and they are not allowed to give their feedback? After the 2023 rule change for non-public schools and much pushback from the home-school community, Mr. Bullington finally addressed his position on this council via a video.

The fact remains that decisions, policies and rules made by appointed, non-elected individuals and councils should not be acceptable in a Constitutional Republic.

Why is it happening, and why are “We the People” allowing it?

About the Author

Tiffany Boyd is the founder of Free YOUR Children LLC, host of Free YOUR Children radio show, a homeschool advocate, consultant, speaker, journalist and education researcher. She holds a B.S. degree in interdisciplinary studies from MTSU. She is a wife, mother to five children and a grandmother. She is a former tenured public school teacher. She and her husband have home educated for 20-plus years. Contact her at freeyourchildren@gmail.com.