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New versions of legislation aiming to intervene in Memphis-Shelby County Schools would establish state-appointed boards to oversee the elected local school board and superintendent contracts, while the bills emerging from the Tennessee House and Senate differ somewhat on the amount and types of authority those boards would have.
The bills follow the firing of MSCS Superintendent Marie Feagins by a divided school board in late January — nine months into her tenure — a move that prompted calls from community members for greater accountability for district leaders. Critics call the legislation undemocratic and state overreach.
In both proposals, members of the state-appointed boards would have the authority to review large contracts for superintendent pay, but it would be up to the districts to pay the members of the state-appointed boards.
Republican Rep. Mark White of Memphis, who sponsored the House legislation, said MSCS needs intervention now.
“For a city like Memphis, it’s important that you have a strong K-12 system,” he said. “It’s time that we address an issue of a system that has a $1.8 billion budget.”
White’s legislation looks much different from a previous iteration, which would have stripped the majority of the elected school board’s powers.
Memphis schools have faced continual upheaval over the past 15 years, from a merger that created the Memphis-Shelby County district and the withdrawal of several municipalities from that district, to the takeover of many local schools by the state-run Achievement School District turnaround program and leadership turmoil that has left the district with its fourth superintendent in less than three years.
Multiple Democratic members pushed back on the bills, saying that the state has a bad track record in intervention, and that the proposals would only add to the district’s upheaval.
“The children have to absorb all of those changes every single year,” said Democratic Rep. Karen Camper of Memphis, adding: “No other county, no other district, has been through this, and it’s been traumatic.”
The House and Senate versions still need to be fully reconciled. Both are set for a full floor vote on Monday.
Meanwhile, state lawmakers passed a budget this week that will fund a forensic audit of MSCS.
Who would make up the board
Both House and Senate proposals envision nine-member boards made up of county residents.
In the House proposal, the members would be appointed by the governor and speakers of the state Senate and House. The board would operate for three years, with the possibility of a three year extension.
In the Senate proposal, the board would include the city and county mayors, or their designees. The board’s oversight would last four years, with a two-year extension option.
In both proposals, the state-appointed board members would be compensated the same amount as the elected school board members, and be paid by the district. In the Senate version, the board would also be allowed to hire up to three staff members and determine their salaries. These salaries would be paid for by the local legislative body — like the county or city — not the state, according to the proposal.
“Now we’re putting a whole new unelected board that taxpayers have to fund, that they did not choose,” Democratic Sen. London Lamar of Memphis said during discussions of the bill this week. “So we’re basically superseding the decisions of voters.”
Republican Sen. Brent Taylor of Memphis, sponsor of the Senate bill, said the board would act in an “advisory” capacity.
The board’s powers: Senate vs. House version
In the Senate version, the state commissioner of education could recommend removing elected board members and the district superintendent, and seek help with this from the state-appointed board. The Shelby County Commission could then appoint new school board members, who would have to be confirmed by the state.
In districts like MSCS that have had frequent leadership turnover, the bill would allow for the County Commission to appoint a superintendent, who would serve for at least four years.
The state-appointed board would submit “recommendations” to items on school board agendas. The board would also conduct an annual comprehensive needs assessment to create a “transformation plan” for the district.
The state-appointed board would review contracts worth $50,000 or more before the elected school board could sign, amend, or renew them.
“Public education in the state of Tennessee is a partnership between the state and the local government,” said Republican Sen. Jack Johnson of Franklin. “It is altogether entirely appropriate that we send an advisory board, that we get further engaged as a partner in how those kids are being educated.”
In the House bill, the board’s main power would be to approve or veto items in the local elected school board’s budget. As in the Senate version, it would review contracts of $50,000 or more. The board would also approve or deny expenditures of $50,000 or more. These contracts and expenditures would exclude contracts and salaries for teachers and principals, but would apply to payments for the superintendent.
Bills create more openings for charter schools
Both bills would help promote the spread of charter schools. For example, they would require the elected school board to send a list of vacant and underutilized property to the state-appointed board. The board would then determine which properties could be occupied by a public charter school.
The Senate version would allow the state commissioner to recommend charter conversion for schools in the district. It would also outline a process allowing charter operators to apply directly to the public charter school commission for authorization.
The House version would restrict the elected school board’s ability to deny charter renewals, charter conversions, or amended applications for new charter schools. The oversight board would need to review and approve any such denial.
“It seems like this is the actual goal: to take these properties and hand them over to your charter friends,” said Democratic Rep. Johnny Shaw of Bolivar.
Rep. White denied that, and said he supports any school that can educate MSCS children.
Thresholds for intervention
Both bills specifically target Memphis-Shelby County Schools, though any district meeting the following thresholds could face intervention.
The Senate version kicks in when:
- 50% or more of district students are economically disadvantaged
- 50% or more did not meet grade-level expectations in math and English
- At least one school managed by the district has been identified as a priority school for the last five lists released
The House version applies when:
- 50% or more of district students did not meet grade-level expectations in math and English
- At least 30% of district-managed schools receive a failing grade from the state
- At least 25% of students are chronically absent
- At least one school managed by the district has been identified as a priority school for the last five lists released
- The county legislative body approves a resolution declaring no confidence in the district’s school board
