Tennessee education chief got tuition waiver before required six-month employment period

Twice within the first six months of her employment with the state, Tennessee Education Commissioner Lizzette Reynolds signed forms certifying she had been a state employee for more than six months as she sought a tuition waiver for classes at the University of Tennessee at Martin, newly released records show.

Reynolds is seeking a teaching credential, something she did not hold in Tennessee when Gov. Bill Lee appointed her to the post and one of the requirements for a state education commissioner. State employees are eligible for free tuition but only after working for at least six months.

Her qualifications for the job have come under intense criticism from Democrats, who have called for her resignation and unsuccessfully sought her impeachment. State law requires the education commissioner to be “qualified to teach in the school of the highest standing over which the commissioner has authority" and have experience in school administration. Education officials point to her work experience and a recent state law on teacher permit flexibility that qualifies her for the post.

Records released this week by the Department of Education ― nearly eight weeks after The Tennessean requested them on Feb. 8 ― shed new light on Reynolds' qualifications and when she began seeking a credential.

In response to inquiries from The Tennessean this week about the tuition waiver forms, the agency said Thursday Reynolds filed the paperwork as the result of "an administrative error," and recently repaid the tuition money.

The records show that Reynolds enrolled at UT Martin to seek a master’s degree and teaching license after Lee appointed her to lead the state Department of Education on May 1. The governor has repeatedly praised Reynolds for the job she is doing leading the education department and has said her enrollment at UT Martin is “not explicitly required by statute.”

The Tennessee Higher Education Commission’s administrative rules require state employees seeking to earn university credits through the tuition waiver program wait six months after their hire to qualify.

“Unfortunately, there are no exceptions to the 6-month employment rule,” THEC spokesperson Jessie Green told The Tennessean in an email.

Reynolds first signed a tuition waiver form on Aug. 11, 2023 – about six weeks after taking her oath of office on July 1. She signed a second tuition waiver form on Nov. 20. By the time the spring 2024 semester started, Reynolds qualified for the waiver under THEC's rules.

Under Reynolds’ signature certifying her six-month tenure with the state “under penalties of perjury,” Department of Education Chief Operating Officer Shannon Gordon also signed the waiver forms.

It's unclear how much tuition was covered by the waiver. By state law, the waiver can only be used for one course at a time, except for legislative employees taking classes while the legislature is out of session.

Applicants found to be ineligible "will be responsible for payment of all previously-waived fees, plus any other applicable charges," the form states.

The Department of Education and the governor's office both confirmed to The Tennessean Thursday that Reynolds has since paid back the funds.

"This was an administrative error, which immediate action has been taken to correct," education spokesperson Brian Blackley told The Tennessean in an email. "Upon realizing the mistake, Commissioner Reynolds personally covered the cost of all classes that were ineligible for the state waiver, in accordance with language in the waiver application."

In a statement, Lee spokesperson Elizabeth Johnson indicated that the governor still stands behind Reynolds despite the error.

"She has taken full responsibility, and we appreciate the work she is doing to serve Tennessee students," Johnson said.

As commissioner, Reynolds earns a salary of $21,252 per month – about $255,000 per year – to lead the state agency, according to state salary records.

Reynolds enrolled at UT Martin after appointment

Reynolds has become a face of Lee's priority legislation this year: a statewide universal school choice program that would fund 20,000 taxpayer-funded scholarships of at least $7,000 for students to attend private schools.

She joined state government from ExcelinEd, a national group that advocates for school choice policies, where she served as vice president of policy. Prior to that, she was in senior leadership at the Texas Education Agency, advising the Texas Education Commissioner on special projects, and served as chief deputy commissioner.

Despite significant experience in education policymaking, Reynolds does not hold a Tennessee teaching license, nor is she licensed to teach in any other state. Her resume on file with the Department of Education does not include any experience in school administration.

It’s unclear whether Reynolds’ lack of teaching license came up during hiring conversations with the governor or his staff.

But records obtained by The Tennessean through a public records request show Reynolds was notified of her acceptance to UT Martin’s education master’s program on June 13, about six weeks after Lee announced her appointment.

UT Martin spokesperson Bud Grimes confirmed Reynolds began coursework toward the Master of Science in Initial Licensure - Special Education program on Aug. 21. She is currently enrolled in the spring 2024 term.

Reynolds is not required to attend any classes in person, as the master’s program is made up of entirely online course work until a residency seminar during the final term of the program.

Lee administration redacts records, declines to answer specifics

Since questions have arisen over Reynolds’ qualifications, Lee’s office has repeatedly expressed support for the commissioner, issuing similarly worded statements multiple times that say her "credentials and professional experience" qualify her for the position. On Tuesday, the Department of Education reiterated its statement that the coursework was not required by state law.

The governor's office has declined to answer questions on whether Lee had concerns over legal requirements for the commissioner or whether he specifically felt it was necessary for Reynolds to pursue the UT Martin coursework.

But after this story first published online, the Department of Education pointed to a recent state law and State Board of Education rules aimed at helping address teacher shortages as evidence that Reynolds is qualified for the position.

The rules allow the commissioner to issue temporary permits to people — based upon work experience, degrees held, subject expertise and progress toward obtaining a Tennessee license — to enable them to teach. A spokesperson said Reynolds is qualified under these rules but has not issued herself a temporary permit.

Meanwhile, the language used in many of the statements was first crafted in January, according to the records obtained by The Tennessean from the governor’s office.

“With approval from GBL, wanted to let you all know where we landed,” Johnson wrote in a Jan. 22 email to TDOE’s communications director Victoria Robinson, Lee's Chief of Staff Joseph Williams, and half a dozen of the governor's senior policy and communications advisers.

But the governor’s office has redacted pages of emails showing previous discussions on how to respond to media inquiries on Reynolds' credentials.

The governor’s team says the redacted emails are confidential, covered by the “deliberative process” exception to the Tennessee Open Records Act. The exemption is not spelled out in state law but through a series of court decisions. Lee's office has cited the exemption dozens of times to keep records secret.

Despite multiple attempts, neither the governor’s Public Records Counsel, nor his communications team has provided specifics on why the deliberative process exemption would apply to the records.

Vivian Jones covers state government and politics for The Tennessean. Reach her at vjones@tennessean.com or on X at @Vivian_E_Jones.

This article originally appeared on Nashville Tennessean: TN education commissioner repays tuition 'upon realizing the mistake'