State Oversight of Memphis-Shelby County Schools Moves Closer to Passage

The Senate Floor. (Photo Courtesy of the Tennessee Senate.

Tennessee lawmakers took a step forward to create a new level of state intervention for schools in Memphis on Wednesday.

The Senate voted 27-6, along party lines, to approve an oversight board with far-reaching powers for Memphis-Shelby County Schools (MSCS) beginning next school year.

What The Bill Does

Senate Bill 0714 is written to create this oversight into any school district in the state that meets at least four out of six requirements, of which MSCS meets all six:

·       50 percent or more of students were deemed not proficient in the Latest Tennessee Comprehensive Assessment Program (TCAP) results for English language arts and math.

·       25 percent or more of students were assigned to a school that received a D or F letter grade in the most recent school year.

·       25 percent or more students were considered chronically absent in the most recent school year.

·       At least one school in the district is designated as Priority or has maintained a Priority designation for each of the five prior years.

·       The Tennessee State Comptroller’s office completes an audit that finds waste, fraud, or other legal issues.

·       If the district’s school board has employed more than two directors of schools on an interim basis during the prior four years.

The oversight board, composed of nine members appointed by state leaders, would control budgeting, contracts, and charter school applications.

Partisan Debate in the Senate

Debate in the Senate split down party lines, with Republicans emphasizing the need for intervention to improve education and financial mismanagement, and Democrats arguing that the measure specifically targets MSCS and disenfranchises the citizens who elected its school board.

Senator Adam Lowe, R-Calhoun, was among those speaking in support of the legislation, praising the bill’s sponsor for putting students first instead of government bodies.

“At some point we have to draw the line, and we have to put students first, and sometimes that threatens the power of the institutions that want to hold on to them,” Lowe said.

Senator London Lamar, D-Memphis, pushed back, calling the legislation “voter disenfranchisement.”

"What this bill does is it supersedes the voters of Shelby County to put in what we will consider a Republican-appointed governing body to supersede the decision-making of the people who were elected by Shelby County in a nonpartisan race," Lamar said. "And many of these seats are actually up on the ballot right now. Voters have an opportunity to self-correct leadership in this upcoming election, and we're basically taking their decision-making power away by appointing this new board.”

Context and History

Lawmakers in both chambers initially passed 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.

What Happens Next

The bill still needs approval from the House and Governor Bill Lee.

It additionally seems likely to face legal challenges before the oversight board is named.

The Memphis-Shelby County School Board 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.

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