State Proposal May Affect School Merger Learning Process

State Proposal May Affect School Merger

Written on May 14, 2011 – 2:32 am | by Christopher Tulloch

MEMPSHI, Tenn. – As a federal judge considers the constitutionality of one state law, a new proposal could muddy the waters of the Memphis and Shelby County School systems’ merger.

As an insider on the Memphis political scene for years, almost nothing gets by the scrutiny of Shelby County Commission Chairman Sidney Chism. But even the wily politico wasn’t prepared for the news he heard inside the federal courthouse on Friday. Nashville was at it again.

“I didn’t realize that Mr. Bearman made a statement that they were looking at a special legislation already to get up a special school district.”

Federal judge Samuel Hardy Mays got the attorneys representing the 10 parties in the Memphis and Shelby County schools merger lawsuit to agree to “stand pat” while he ponders a blanket declaratory ruling in the case. But the legal “ceasefire” was tinged with anxiety at the news of the introduction of a bill this week in the Tennessee House of Representatives that pro-merger forces view as another “back door” to the creation of special school districts.

Sponsored by Knoxville Republican State Representative Harry Brooks and State Senator Jamie Woodson, the “Innovative School District” measure allows school districts to freeze their boundaries without having taxing authority.

“Where you can take part of a school district, a county can create a separate innovative district which means the Shelby County School District could carve out some part of this school district,” explained Memphis City Council attorney Alan Wade.

“The bill would require that the local education agency make application to the State Commissioner of Education for declaration as an innovative school district,” said Shelby County Commissioner Steve Mulroy. “We don’t want them to apply for Innovative School District status or do anything that changes the fundamental structure until the judge has had a chance to rule.”

However, Mays made it crystal clear he intends to take his time in composing a written ruling on a case with a myriad of possible off-shoots and almost certainly more legal challenges. With their selection of a Unified School Board continuing to be put on hold until Mays rules, Shelby County Commissioners remained hopeful but wary of the intentions behind Nashville’s latest maneuver. For now, they and everyone else in the case are willing to wait on Mays.

Chism said, “It tells me that he’s got some serious thoughts about the complete ruling on all these issues and he just want to make sure he makes the right ruling.”

In a published report, State Senator Woodson said the proposal has nothing to do with and is not meant to interfere with the MCS/SCS merger lawsuit.

Learning Process