Lawmakers pass conflicting bills to enable state intervention into Memphis-Shelby County Schools, tabling it for the year

Image of the Senate (top) and House (bottom) chambers (Photos by the Tennessee General Assembly)

Legislation that would allow state intervention into Memphis-Shelby County Schools (MSCS) is tabled for the year, following the passage of conflicting bills in the House and Senate on Tuesday.

The Senate version of the bill, brought by Brent Taylor, R-Memphis, would allow the commissioner of the Tennessee Department of Education to intervene in what he refers to as “challenged school districts.” That would mean a district with 50 percent economically disadvantaged students, that also does not meet state performance standards in math and English language arts (ELA). Under the bill, the commissioner would be able to recommend the removal of the director of schools and some or all school board members, who would then be replaced by the county commission. If the district has employed three or more directors within the last three years, the county mayor could recommend the county commission hire a new director of schools who would serve for a minimum of four years. Additionally, the bill would expand the Education Savings Account (ESA) program in challenged districts by removing any income cap.

“They have tried for decades to try to figure out what to do about this school system in Shelby County that is routinely failing our students, despite spending $1.8 billion dollars a year," Taylor said on Tuesday. "So, we just need to quit passing this problem around more than a joint at a Willie Nelson concert and finally decide that we're going to do something about our education system in Shelby County."

Taylor’s version differs from the House version, sponsored by Memphis Republican Representative Mark White.

A conference committee would have been be needed to iron out the differences, but the General Assembly wrapped up this year’s legislative session without holding one, leaving the future of the legislation on hold until next year.

Lawmakers in the House initially agreed to ditch their version of the bill in favor of the Senate plan Tuesday but then added an amendment that brought back the initial “House version” provisions. Members of the Senate refused to align with that version.

In its current form, White’s bill would create a nine-member oversight board appointed by the governor, speaker of the house, and lieutenant governor. This board would supersede current district leadership. The superintendent and school board would be relegated to serve in advisory roles and would not be able to meet, make key decisions, or alter the makeup of the existing school board without approval from this new group of state-appointed managers.

“As education chair, I see what I want for Tennessee and I don’t see it happening in my own community,” White told fellow lawmakers. “I do this from the bottom of my heart because I care greatly about our city.”

Salaries for the state-appointed board would be comparable to an elected school board member and would come from the local district’s current budget. Under the bill, there is no additional appropriation for MSCS to help absorb the cost. Multiple lawmakers representing the Memphis area called it an unfunded mandate and a move to seize local control.

“This is taking away the control that we have had over our school system. And that’s wrong, that is unjust, and that is going to hurt students who I see, who I meet, who I work with every single day,” said Justin Pearson, D-Memphis.

Representative Joe Towns, Jr., D-Memphis, echoed concerns about a loss of local control. He also expressed his displeasure at what he called a lack of communication about the legislation with other Shelby County lawmakers and issued a warning to legislators from other districts.

“We have to get together to figure this thing out. You can’t do it by yourself. Not one of us is that smart, to be able to figure out what we’re going to do down there,” said Towns. “We could have done this thing without setting a terrible precedent, any of the future members in here, the same fate can befall them.”

Antonio Parkinson, D-Memphis, pressed White about the failure of the state’s Achievement School District (ASD), pointing out that in over a decade, only a few schools within the ASD ended up meeting the benchmarks to return to local district control.

“Do you consider your experiment of the failed Achievement School District is a successful experiment? It really makes me concerned about your next experiment which is this bill that’s in front of us now,” said Parkinson.

Karen Camper, D-Memphis, also referenced the ASD and the effect it has had on students and questioned why no academic goals had been laid out for MSCS. She also urged caution on moving forward with a takeover now, saying she wanted to see the results of state-led forensic audit of the school district pushed by House Speaker Cameron Sexton, R-Crossville, which has already begun.

“Maybe in conference committee, talk about some academic achievements included in what we want out of the district,” said Camper. “And thank you Speaker (Sexton), for your forensic audit, because I think it’s going to reveal some things that we all need to learn, and maybe we should put this off until after the audit is completed.”

Republican Kevin Vaughan of Collierville said he initially agreed with Camper and wanted to wait until after the forensic audit was completed but ultimately changed his mind. Instead, he says it’s clear there are problems with MSCS that need to be addressed immediately.

“Quite frankly, we don’t have any evidence of wrongdoing by the school board, but we have evidence of bad doing if you look at the test scores and you look at the performance,” he said. “Us giving another year away, while we wait, it’s not going to change itself organically.”

Culleoka Republican Scott Cepicky agreed, saying MSCS students continue to be left behind. He says parents and administrators within the district that he’s spoken with are frustrated and feel their hands are tied.

“Principals and parents invite me down to talk about what’s going on in their school system, but the teachers and principals don’t want to meet in their schools with me. They want to meet in Jackson for fear of retribution,” said Cepicky. “Let’s start the process to turn around a school system that once again can lead in Tennessee.”

Both versions of the legislation have faced opposition from both the Memphis-Shelby County School Board and a newly formed community organization who both argue the district’s challenges are better solved by local leaders.

This story is breaking and will be updated.