State Oversight of Memphis-Shelby County Schools Heads to Governor’s Desk

Memphis-Shelby County School Board members at a special meeting on Wednesday. (Photo Courtesy Memphis-Shelby County Schools)

It didn’t happen without resistance, but Memphis-Shelby County Schools (MSCS) is now one step closer to essentially being taken over by a state-appointed board.

The House voted 73-19 on Wednesday, with only Democratic representatives dissenting, to adopt legislation that creates an oversight board with far-reaching powers over certain school districts, including MSCS.

Senate Bill 0714 passed the Senate yesterday and now heads to Governor Bill Lee’s desk for his signature.

The Bill’s Parameters

Under the legislation, any school district that meets four of six criteria will have an oversight board assigned to it, consisting of nine members: five appointed by the governor, two by the House speaker, and two by the Senate. One member can be someone who lives outside of the district as long as they live in Tennessee.

Once its makeup is finalized, the oversight board will:

·      Conduct a comprehensive needs assessment that includes teacher numbers and qualifications, class sizes, textbooks and materials, and parental involvement.

·      Create a transformation plan based on the assessment, which will be reviewed each year.

·      Submit an annual progress report to the governor and other top State lawmakers.

The board may also use its power to make any changes it deems necessary before the assessment is finished, which includes hiring and firing board members or superintendents.

Opposition from Democrats

Before the deciding vote, a handful of Democratic representatives voiced their displeasure with the bill. That included Representative Antonio Parkinson, D-Memphis, who challenged the legislation’s constitutionality by claiming that Memphis was being unfairly singled out.

“Members, the Constitution requires equal recognition of the law,” Parkinson said. “If a law is truly general, then any district that meets the criteria should be treated the same. But that is not what is happening here.”

In his majority report, Representative Mark White, R-Memphis, also brought up the Constitution, but this time as justification for the bill.

“It is the Constitutional responsibility of the General Assembly, in Article 11, Section 12, that we have the Constitutional responsibility to do this,” White said. “Members, this legislation is about the promise we make every child in Tennessee that their zip codes will not determine the quality of their education, and that this General Assembly will not look away when the promise is being kept.”

Reasons for Oversight

Legislation sponsors White and Senator Brent Taylor, R-Memphis, initially proposed conflicting bills last year to provide state oversight of Memphis-Shelby County Schools, citing years of academic underperformance and a decision to fire former Superintendent Dr. Marie Feagins after less than a year on the job.

Calls for oversight grew louder this month, following the release of preliminary district audit results that Jason Mumpower, Tennessee’s Comptroller of the Treasury, said included “the worst management of any organization I have seen in my career.”

Lawmakers held a conference committee on Monday and voted to move forward with a revised version of the Senate’s plan. Following the bill’s passage, both sponsors released a joint statement on Facebook.

“Today, the Memphis-Shelby County Schools intervention bill passed both the House and the Senate,” the statement reads. “Our unwavering commitment has always been and remains improving educational outcomes for students attending MSCS. By establishing an oversight board of qualified local professionals, we will finally resolve the chronic challenges that have held our schools back for far too long. This transformative step will strengthen students, families, teachers, and our entire community.”

The statement goes on to say that crime and education issues have “held Memphis back” for decades, and that they are grateful for the Tennessee legislature acting “with equal resolve” to make strides on improving education quality.

MSCS Board Pushback

The Memphis-Shelby County School Board held an unrelated special meeting on Wednesday to approve its teacher salary schedule.

During the meeting, Board Member Michelle Robinson McKissack, herself an MSCS graduate, spoke briefly about her opposition to this pressure from the state.

“I want to say thank you for acknowledging what this administration (and) this board has done, despite all the challenges that we're facing right now coming from our leadership in Nashville,” McKissack said. “And I can speak for myself, but I think I will share the sentiment with my board members, that no matter what, we are going to stand by educators, period. And that is something that no one can take away from me: to have that voice, to stand up for families, for students, and certainly for all the amazing teachers.”

It remains to be seen if the legislation will face legal challenges before the oversight board is named.

MSCS board members voted unanimously on Tuesday night to approve a lawsuit challenging the constitutionality of the state’s actions. That move was put in question after Governor Bill Lee signed legislation prohibiting school districts from suing the state over accountability measures.