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Several school board members stood alongside other elected officials, parents, educators, and community members Monday to speak out against legislation that could lead to a state takeover of Memphis-Shelby County Schools.
The news conference came on the eve of an expected first hearing of Memphis Republican Rep. Mark White’s proposal, which would initially affect Memphis but later could be used to seize local control of other Tennessee districts.
MSCS board member Michelle McKissack, who represents District 1, said a knee-jerk decision for a state takeover is not the solution to calls for more accountability.
“I believe that we can work together without the state coming in, appointing an entirely new board, and simply having us there as puppet figures,” McKissack said. “That’s not what our community wants.”
A draft of White’s proposal calls for creation of a state-appointed board to manage the district for at least four years, but no more than six. The majority of power and decision-making would be in the hands of these state-appointed leaders. The elected school board would serve in an “advisory capacity.”
How did we get here?
The proposal comes after a divided MSCS school board controversially fired its superintendent in late January, leading some community members and leaders to push for change. But some Memphis residents say they’re worried about a loss of local control.
White, who opposed the firing of former superintendent Marie Feagins, has advocated for state intervention and drafted similar legislation before.
His latest proposal is modeled after a Texas law that allowed that state to take over Houston’s nearly 200,000-student public school system, the nation’s eighth largest district, in 2023.
“We’ve got to do something,” White previously told Chalkbeat, “and we think this model will work.”
Tensions between city and state leadership are long-standing. Some local advocates do not trust the state to make decisions for the MSCS district, which primarily serves Black and Latino students. And the effects of past state takeovers — like the Achievement School District, which some lawmakers are looking to shut down this year — also linger.
At Monday’s news conference, board member Amber Huett-Garcia, who like McKissack voted against firing Feagins, assured community members that she supports accountability for the school board.
But she said that a state takeover is not the path.
“What feels like a victory in this legislation is actually a surrender,” she said. “This doesn’t just threaten us. There’s also 40 school districts, of which their criteria would also leave them open to control.”
White told Chalkbeat on Monday evening that he has amended the bill to more specifically target MSCS’s board, however.
He describes his proposal not as a takeover, but an intervention.
“Our school district is not performing to the standards that the city of Memphis deserves,” he said. “I’ve waited 30 years and I’m tired of waiting.”
What are the thresholds for a state takeover?
Though the draft proposal initially targets MSCS, it could allow the state to similarly intervene in districts if they meet all the following thresholds, White told Chalkbeat:
- At least 30% of district-managed schools receive a failing grade from the state.
- At least 25% of students are chronically absent in the district.
- The associated county legislative body approves a resolution declaring no confidence in the district’s school board.
A previous version of the draft legislation included a threshold for districts in the bottom 5% of performance statewide. It also allowed for only one threshold to be met before the state could move forward with a state-appointed board.
White told Chalkbeat that he cut the “bottom 5%” language on Monday, and amended it to require the three remaining threshold marks. He said that move is intended to keep the legislation Memphis-specific.
The proposal also allows the state education commissioner to recommend one or more existing public schools in the district convert to a public charter school.
What powers does the board have?
The proposed language gives broad powers to appointed board members. For example, they can require the elected school board and district administrators “take certain actions” or prohibit them from others.
The MSCS school board would retain the authority to appoint a superintendent. But the state-appointed board would approve or veto that decision. The new board would also decide how and when the elected school board can convene.
Meanwhile, the appointed board would use its first 90 days to conduct a “comprehensive needs assessment” and report its results. These data points include benchmarks for teacher experience and retention; student demographics, achievement and discipline; financial practices; and facility operations.
From there, the appointed board would develop an improvement plan with goals to optimize funding, lower chronic absenteeism, provide “student supports,” and implement opportunities for early childhood literacy opportunities and career/workforce training.
How would the state appoint the board?
The proposal calls for nine state-appointed board members. That’s a 1:1 ratio to the elected representatives of nine districts across Shelby County.
In the case of MSCS, each appointed member must live in Shelby County, though there is no language requiring they represent each district. They must also have experience in education, finance, facilities, health, management, data or evaluations, according to the proposal.
The governor would appoint five members to the board, while speakers of the state Senate and state House of Representatives would each appoint two people. Only these state officials could then remove any members of this board.
After four years, the state education commissioner can gather local feedback and decide whether to extend the board’s authority for two more years.
These appointed members would receive salaries at the same rate as elected members. Whether this money would come from state or local taxes is not yet clear.
Elections for the MSCS school board would continue, but members would retain limited power during a takeover.
Currently, voters cannot recall MSCS board members, though efforts to change that — and impose term limits — are also underway.
