After two years of legislative wrangling and an unfinished, overbudget $8 million forensic audit, the Tennessee General Assembly passed the Memphis Shelby County Schools takeover legislation. The bill awaits the signature of Governor Bill Lee to become law – a veritable certainty from the lame duck who has vetoed only one bill in nearly 8 years in office.
Those of us who live in Shelby County and are most impacted by Nashville’s epiphanies must prepare for a new education reality, not necessarily a better one. But how do we prepare, and what should we expect? Truthfully, no one knows for sure, but here are 7 predictions to watch for as the Governor, Lt. Governor, and Speaker of the House anoint a 9-member board of managers with the authority to oversee one of the largest school districts in the country.
1. Superintendent Roderick Richmond will be fired
Perhaps it won’t happen within the first 30 days of the Board of Managers’ reign; maybe not even within the first six months, but Superintendent Richmond is likely a short timer. The proverbial camel-debilitating straw leading to the introduction of the takeover legislation was the dubious firing of Dr. Marie Feagins by the MSCS Board after only nine months on the job, followed by the hiring of Richmond. As the meeting became more rancorous and supporters of Feagins were shouting, Richmond was videoed responding,
During her short tenure, Feagins garnered the support of legislative sponsors Mark White and Brent Taylor for her sweeping cuts, including 1000 jobs. Those job cuts were cited as a reason for the loss of institutional knowledge, leading to findings in the recent preliminary forensic audit report.
Feagins sued the school board for wrongful termination, gender discrimination, and violating the Open Meetings Act, then promptly filed to run for Mayor of Shelby County. In the meantime, Richmond was elevated to the role of permanent superintendent.
Whether Richmond is making strides in the role or not is irrelevant because from the perspective of White, Taylor, and a majority of appointees to the Board of Managers, Richmond is the “fruit” of the school board’s “poisonous tree.”
2. Appointment of Sen. Taylor and Rep. White to Board of Managers
Speaking of fruits, Taylor and White are nearly certain to enjoy the fruits of their labors by receiving appointments to the Board of Managers. From their ceaseless claims that the legislation was simply an intervention, not a takeover, to convincing their colleagues to spend $8 million on a forensic audit that so far has found no evidence of fraud, the pair has earned the appointments. To the victors go the spoils.
3. Appointment of someone from the Hyde or Poplar Foundation to Board of Managers
The Hyde Family Foundation and the Poplar Foundation have been at the forefront of education policy and education reform in Memphis for decades. Millions in philanthropic dollars have been donated to launch charter schools, fund organizations like The New Teacher Project and Teach for America, promote literacy, and expand pre-kindergarten, among others. If leaders in either or both foundations desired an appointment to the Board of Managers, it would be unlikely that the Governor, Lt. Governor, or Speaker of the House would say “no.” While not everyone supports their education improvement efforts, because of their generosity and consistency on the issues of education, there is more upside to their representation on the Board of Managers than downside for Lee, McNally, and Sexton.
4. The Board of Managers will be majority white
Even though President Trump’s approval is at a record low, the supermajority in the legislature continues to embrace him and his policies. In this anti-DEI era, no one should believe that any effort will be made to ensure that a representative number, or even a bare majority, of the appointed managers are persons of color. The language in the legislation specifies that the appointing authorities should consider appointing people with specific skills and experience, all but one must be from Shelby County, but no mention of the need for managers to resemble the 90% of students who are Black or brown.
5. Parents of children attending MSCS will have little representation
It is possible, perhaps likely, that a member or two of the Board of Managers will have a child in an MSCS school. Maybe their children used to go to MSCS before they transferred to a private school or one of the suburban districts. There could be an appointee whose children attended an optional school. Nothing in the language even urges, much less compels, the appointment of a current MSCS parent. Since the legislature has already determined that it knows better than the voters who elected the school board, it is hard to believe that they don’t feel the same way about MSCS parents.
6. Two-thirds or more of the Board of Managers will be donors of one of the sponsors or appointing authorities
It won’t surprise you. It’s the way the world works. There is a greater chance than not that a supermajority of the Board of Managers will be found on the financial disclosures of the politicians pushing the legislation and doing the appointing.
7. Chaos
The level of chaos that will ensue could comprise several independent articles. Among the first questions will be, “Can the school board sue the state?” Is the law that prohibits using school district funds to sue the state over accountability measures constitutional? Is the takeover statute itself constitutional, considering it clearly targets a single school district? While those suits are filed, judges grapple with motions to dismiss, temporary restraining orders, and various other legal questions.
The Board of Managers will convene, as will newly elected members of the school board, who will have legitimate questions about their roles and authority. Members of the administration will ponder whether they must be responsive to the elected board or only the appointed one.
The notoriously slow MSCS procurement process may grind nearly to a halt when the Board of Managers becomes the final step in approving contracts, since the elected board can no longer make those decisions. Then there are the legal actions vendors take against the system when the Board of Managers moves to end long-term agreements.
Presently, MSCS is in budget season and must adopt a budget by June 30th, summer programs start in about a month, and the beginning of the 26-27 school year begins in August. It’s nearly the first of May, and all of those plans, policies, and functions can be revised or eliminated by a board yet to be appointed.
The appointment of the members of the Board of Managers will be telling and foreshadow how rough of a ride we all have in store for at least the next four years.