Will Memphis schools sue over the pending state takeover legislation?

“Sign up for Chalkbeat Tennessee’s free newsletter to keep up with statewide education policy and Memphis-Shelby County Schools. The Memphis-Shelby County school board could vote Tuesday night to hire a lawyer to challenge the state takeover legislation Tennessee Republicans finalized yesterday. The special call meeting comes one day after state lawmakers approved bill language that would give a new state-appointed oversight board control over the district’s budget and staffing decisions. That includes hiring and firing the superintendent with or without cause. The takeover bill still needs to pass in the House and Senate, with the first round of voting starting Wednesday. In yesterday’s conference committee meeting, some Democrats raised concerns about the legality of the bill , which they said targets MSCS in its criteria for intervention. Board Chair Natalie McKinney, who’s sponsoring the resolution to hire a lawyer, said the vote might not happen depending on what is discussed in a closed executive meeting beforehand. But she said she’s personally on board for a lawsuit after multiple failed attempts to collaborate with lawmakers for an alternate path forward . “My belief is that this is an overreach, and it is an attempt to disenfranchise our community and our voters,” she said. “Essentially, it neuters the board’s authority.” Tennessee Republicans have passed a bill sponsored by takeover advocate Sen. Brent Taylor that would prevent school districts from using public funds to sue over state accountability measures . That could hinder MSCS’ ability to hire counsel against the state takeover legislation. But the legislation is not yet law. On Tuesday morning, it was still awaiting the final sign-off from legislative leaders and Gov. Bill Lee. It’s unclear if signing a legal contract now could protect the Memphis board from being blocked from using its funds. The new takeover bill could target other Tennessee school districts. But only MSCS meets all six of the academic underperformance and management instability criteria that triggers state intervention. For one, Memphis is the only district in the state with an ongoing state-funded forensic audit managed by the Tennessee Comptroller. Other criteria include school districts where: fewer than 50% of students earn proficient scores on state standardized math tests. fewer than 50% of students earn proficient scores on state standardized English language arts tests. 25% or more of schools in the district earn a D or F letter grade from the Tennessee Department of Education. and a 25% or higher chronic absenteeism rate. McKinney said the takeover bill doesn’t help students. “There is nothing in that piece of legislation that talks about academics,” she said. “It talks about our buildings and our budget.” McKinney said the bill reads as a “supersizing” of the Achievement School District, which was largely considered a state-run failure to turn around struggling MSCS schools . The oversight board would work on a mandated four-year term, during which it has veto power over proposed budgets and vendor contracts. It also has broad power to fire the superintendent and can cite the district leader’s refusal to follow board directives as cause for termination. The current MSCS board unanimously approved a three-year contract for Superintendent Roderick Richmond on March 31. But Tennessee Republicans frequently point to the 2023 state takeover of Houston public schools as a model for MSCS’ intervention, where state education leaders immediately fired and appointed a new superintendent. Bri Hatch covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Bri at bhatch@chalkbeat.org.

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