We are strongly for the consolidation of our schools into a Shelby County Schools district that deserves to have that name (it does in fact serve all of Shelby County), and we think the odds for the city schools board to vote in favor of surrender are good.  School commissioners deserve a great deal of credit for showing the kind of courage to imagine a different and better way of educating our children.  In particular, we are impressed with the persuasive, passionate explanations by leaders like City Schools Commissioners Martavius Jones and Tomeka Hart and Tennessee Rep. G.A. Hardaway, and it seems to us that now is the time to start transition planning for what we want a new school district to be.

Otherwise, it is at this point incumbent on Shelby County Schools to advance the plan that protects both districts.  County school officials say that their dream of a special school district was never to come at the expense of Memphis City Schools.  They should present whatever plan they have that proves their point.  Absent that, Memphis City Schools Board of Commissioners is faced with few options in a situation where there is no agreement that can foreclose all the possibilities for disaster for the city schools.

If anyone has a foolproof plan to protect Memphis City Schools so it feels that it has more time to take its vote, now’s the time to come forward with it.  Otherwise, the commissioners have to feel that they are painted into a corner by circumstances beyond their control.

Meanwhile, Mike Carpenter followed up the “summit” meeting this week with the following email.  We think transition for the districts can be handled in one year but we wanted you to see his thinking on this issue:

There were a number of thoughts I wanted to express at yesterday’s summit.  Unfortunately, I had to leave before I could seek recognition, so I am sending you those comments in this email.  I hope you will take them in the spirit they are intended, which is with the utmost respect and genuine desire to do what is best for both schools systems and our community.

I am an ardent opponent of a special school district (SSD).  For the sake of this correspondence, the reasons why are not important, but I wanted each of you to have some context for the remaining positions I will outline in this email.  At the same time, the surrendering of the MCS charter and subsequent spring vote if successful would also be a mistake.

Charter Surrender

Arguments about the size and cost of a consolidated district and related philosophical and educational issues all have their place in this debate.  However, a more pragmatic concern for me is that no transition plan exists, nor could an adequate plan be developed in the short term.  Each of you understands how different each system is in structure and operation.  From transportation, to food service, to curriculum, to personnel, to wages and benefits, to security systems, to construction standards, etc. there is little in common.  A forced merger without a highly detailed plan would harm teachers, parents and most of all students.  To be clear, I am not arguing against consolidation in principle, but against doing so haphazardly.

MCS Has No Choice

We have heard this many times in the debate already, but in reality we all have a choice.  The simple threat of a charter surrender has forced everyone back to the table, so it was clearly effective political strategy and remains a powerful policy option.  The “no choice” advocates assume that a SSD is a foregone conclusion, because Republicans now control both houses and the governorship.  Republicans across the state are by no means wedded to the idea of SSDs.  Republicans are more likely to support charter schools, vouchers and other school reform ideas.  This is especially true if the lifting of the SSD moratorium could lead to more taxing entities across the state.  Even if the school board association continues to push SSD, SCS and Majority Leader Norris could prevent Shelby County from being included as was pointed out by Representative Cooper last evening.

Legal Issues

First, charter surrender is not the only defense mechanism for MCS.  As the legal opinion asserts, there would be a strong case to be made in either state or federal court that an SSD would, among other arguments, violate the Equal Protection Clause of the U.S. and State Constitutions.  Conversely, I suspect that if MCS surrenders its charter, SCS or a group of citizens would find a reason to sue with enough legitimacy to tie up the issue in court for many months if not years.

As Mayors Wharton and Luttrell said, there are other legal questions that need to also be answered.  In my mind, most of those surround the funding of the systems.  In particular, the question of whether or not the County Commission could continue to levy a property tax on ALL Shelby County residents to support MCS, even if the SSD had taxing authority.  We need answers to this question and many others before either an SSD or consolidation is approved.

Solutions

I support the proposal floated by the Mayors as a reasoned and objective means of addressing the immediate issues.  However, there seemed to be a lack of enthusiasm.  If the parties cannot support that approach, I would ask you consider an agreement that includes some version of these basic elements

* An agreement from the City of Memphis to delay any annexation for a specified period of time (1-5 yrs)

* A binding legal document committing SCS to not introducing, lobbying for or supporting in any way a SSD for the same period of time

* A binding legal document committing MCS to withdrawing and not introducing again a charter surrender for the same period of time.

* A public commitment by Majority Leader Norris and others to remove Shelby County from any SSD legislation proposed during the same period of time.

This kind of agreement would maintain the status quo for a limited amount of time.  Boundaries, funding, structure would not change.  The timeframe would necessitate a process for coming to terms with the issues currently in play.  Whatever process is agreed to (committees, taskforces, consultants, etc.) should generate a specific plan for school consolidation, a SSD plan that strives to mitigate the negative impact to MCS and a single-source funding proposal.  These specific proposals would allow policymakers and the public the opportunity to compare options and have a better understanding of the impact of each on the quality of education and the cost to every citizen.

Thank you for your consideration of these thought, ideas and opinions.