Sign up for Chalkbeat Tennessee’s free newsletter to keep up with statewide education policy and Memphis-Shelby County Schools.The Memphis-Shelby County Schools takeover legislation is expected to get its final sign off from Tennessee Republican leaders on Wednesday, ushering in a state-appointed oversight board to control the district. After two years of deliberation, state lawmakers advanced a unified plan Monday to create an MSCS board of managers that would control local budget and staffing decisions. Memphis school board members voted unanimously Tuesday to hire a lawyer to challenge that legislation. But it’s unclear whether their effort will be stumped by a pending bill that would prevent districts from using public funds to sue over state accountability measures. The takeover bill could ensnare other Tennessee school districts in state interventions. But right now, MSCS is the only local district that meets all six of the bill’s criteria focused on academic underperformance and management issues.House Speaker Cameron Sexton and Senate leader Randy McNally need to approve the drafted legislation before it can go to the governor’s desk for signing. In the meantime, here’s what you need to know about the takeover bill:Oversight board would have sweeping power over district The politically appointed oversight board would have sweeping authority over practically every aspect of Tennessee’s largest school district, from school building to textbook and curriculum issues. It also could access student disciplinary records, annual teacher evaluations, and employment contracts. The board could close or consolidate schools and would have final say over charter school decisions. Lawmakers want the board to conduct a “comprehensive needs assessment” that would include evaluating district textbooks, curriculum and other teaching materials. This assessment would be used to set performance goals, which the legislation does not explicitly set for the board. The oversight board would also have veto power over the district budget and the ability to craft its own budget for the district under certain circumstance.Board members could shift with political windsThe legislation currently allows Tennessee’s top three elected Republicans to choose the entire board. Gov. Bill Lee would appoint five members of the board, Lt. Gov. Randy McNally would appoint two members, and House Speaker Cameron Sexton would appoint two members. But those appointments are tied to the political offices, not the politicians themselves. Lee and McNally are both in their final months of office, with McNally retiring and term-limited Lee leaving office. A new governor and lieutenant governor could decide to make their own appointments. The legislation allows board members to be replaced at any time for any reason. New board could be appointed immediatelyThe oversight board could be appointed almost immediately. In 2023, lawmakers vacated the Tennessee State University board of trustees over financial mismanagement concerns. Within hours of signing the legislation into law, Gov. Bill Lee appointed a new board. A similar timeline could play out in Memphis, which could muddy ongoing school board races as voters determine who will hold exactly what power over Memphis-Shelby County schools. Early voting is ongoing in four school board district primaries ahead of the May 5 election day. Lawmakers this week indicated they already have a list of board members in mind.While lawmakers initially required all oversight board members to reside in Shelby County, that is no longer the case. House sponsor Rep. Mark White requested that Sexton get an exception for one of his picks. While eight members of the board must be residents of Shelby County, Sexton would get to appoint one member from anywhere in the state of Tennessee. White argued Sexton needed the flexibility to appoint outside of Shelby County in case there was an expertise gap to fill. Superintendent Richmond’s contract could be on the lineThe takeover bill gives the oversight members the power to fire MSCS’ superintendent with or without cause and appoint a new one with up to a four-year contract. That was the first step taken by state education leaders in Houston, a 2023 school takeover that Tennessee Republicans have frequently cited as a model. Superintendent Roderick Richmond earned a three-year contract from the current school board on March 31. If he is fired without cause, MSCS would be forced to pay him nearly half a million dollars. But the takeover legislation would make it easier for the oversight board to fire Richmond with cause, nullifying any required payout. The board could cite as cause for termination any refusal to follow their directives, or any example of him contributing to “deficiencies in the management, accounting, or internal controls of the LEA.” State control could last up to six yearsAccording to the takeover legislation, the state-appointed oversight board would be established by July 1. Republican Governor Bill Lee would appoint five of the nine members, with the House and Senate speakers choosing two members each. An amendment added during the conference committee Monday allows one of those members to be a non-Shelby County resident, contradicting previous claims from takeover advocates that the oversight board would be made up of only district residents. Those nine members will hold district authority for four years. But the takeover bill says that if MSCS continues to meet four or more of the criteria for intervention, lawmakers will choose a new set of nine representatives to lead MSCS for two more years. Bri Hatch covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Bri at bhatch@chalkbeat.org.
