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Memphis

Shelby County Commission Approves Funding to Fight School Intervention

The approved money will support a legal challenge of a recently passed state law.

Commissioners sitting at a meeting with the logo of Memphis-Shelby County Schools
Shelby County Board of Commissioners meeting Monday (screengrab)

Members of the Shelby County Board of Commissioners voted 8 to 3 on Monday to approve $200,000 to help challenge recently approved state intervention into local schools.

The move is the latest response to legislation approved last month that will create a state oversight board with far-reaching authority over Memphis-Shelby County Schools (MSCS). That board will consist of nine members appointed by state leaders and will control budgeting, contracts, and charter school applications.

Why is the Funding is Needed

MSCS board members voted to challenge the constitutionality of the state’s intervention, but that move has been called into question by a new state law that prohibits school districts from suing the state over accountability measures.

It remains to be seen if that law will also impact the commission’s ability to fund the legal challenge.

Commissioners attempted to approve funding for the legal challenge last week but lacked the necessary votes with one member absent. Shelby County Mayor Lee Harris lobbied the commission to take a second look at funding the lawsuit, and he made the case again during Monday’s meeting.

Harris said it’s wrong to give individuals “who have no connection to Memphis” power over school and personnel decisions.

“Imagine that? You can hire whoever you want without any oversight, and you can pay them whatever you want from public tax dollars,” said Harris. “It’s crazy. They can fire almost any employee, including any untenured teacher, and they can certainly fire the superintendent.They can replace any fired employee with a friend or a contact in their network.”

Opponents Stress Need for Oversight

Multiple commissioners spoke against funding the school district’s legal challenge, including District 1 Commissioner Amber Mills.

She said state intervention is about bringing in expertise and oversight that’s been missing

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“Let’s be honest about where we are. Our school system is struggling, and it’s been struggling for years. The outcomes are not where they need to be, and the people we represent, the parents, the students, the taxpayers, are the ones paying the price,” said Mills.

What Led to This

Calls for state intervention into Memphis-Shelby County Schools began last year following the school board’s decision to fire former superintendent Marie Feagins, who had served for less than one year.

The district has also faced criticism for poor academic performance and a preliminary audit released earlier this month that revealed what Jason Mumpower, Tennessee’s Comptroller of the Treasury, called “widespread operational failures.”

What Happens Next

Sponsors of the bill that creates state oversight have said Governor Bill Lee could sign the legislation as early as next week. Republican leaders have already begun compiling a list of potential candidates for the 9 seats on the oversight board.

All but one of those seats have to be filled by residents of Shelby County.

Commissioners also voted to approve a timeline to appoint an interim replacement for the late Representative G.A. Hardaway, D-Memphis, who died last month. Commissioners are planning to meet with candidates on Tuesday and choose an interim representative on Wednesday.

That timeline would allow the district to be represented in this week’s special session on congressional redistricting.

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