The suburban state legislators Richard Locker talked to for a story today on the possibility of new schools legislation emphasized a wait and see attitude, but read closely and it appears at least some of them are prepared to act if the federal judge overseeing the schools merger lawsuit orders reconstitution of the currently suburban-only Shelby County Board of Education.
State Rep. Curry Todd, R-Collierville, told Locker that the intent of the new Norris-Todd state law, which he sponsored in the House, "was for both school boards to remain through the planning process leading up to merger, when a new school board would be elected." Todd said if the judge calls for a special election to "remedy" the unconstitutional violation he determined, the state legislature might well act. He said: "Based on how he rules, it may set a whole new parameter on that issue. I think an election is premature."
All of this may turn on how strictly the order from U.S. District Court Judge Samuel 'Hardy' Mays Jr. is read. He clearly says the current "electoral districts" of the Shelby County Board of Education represent a constitutional violation, and he's ordered all parties to submit to him today their proposals for a remedy. The relevant section of the order is titled, "Constitutionality of Shelby County Board of Education's Current Electoral Districts." One could argue, then, that what is currently unconstitutional are the electoral districts, and not the current board members themselves. That seems to be the direction Todd is going with his logic, that an "election" is premature.
But proponents of creating a new countywide board have a lot of evidence supporting their view. Why then did the judge order immediate proposals for a "remedy"? Why did he so sharply reject the claim by the current SCS board members that they have a constitutional right to finish out their terms (some ending in 2012, some in 2014)? Why did he go into great detail describing the ways in which Memphis residents and schoolchildren would be disenfranchised during the transition?
And then there is the way Mays talks about how the county's school board, during the transition, will be making "decisions" that "will shape the education of Memphis schoolchildren and the vitality of the City of Memphis for years to come." He continues. "They cannot be delayed until the transition process has been completed. They are an essential part of that process. Despite Memphis residents' substantial and direct interests in the Board's decisions, the Shelby County Board of Education has no representatives elected by Memphis voters and has unanimously opposed assuming control of Memphis City Schools." Note that Mays, as he does elsewhere, cites the current board's vehement opposition to schools consolidation.
It will be interesting to see the proposals Mays receives today (probably late today), and how different lawyers interpret that key section about the "Constitutionality of Shelby County Board of Education's Current Electoral Districts." The Memphis entities have spoken loud and clear -- they see it as a "constitutional crisis," in the words of Memphis Republican County Commissioner Mike Carpenter, that therefore demands relief as soon as possible (the commission voted Thursday to redistrict a seven-member countywide schools board that would be dominated by Memphians). At the Shelby County Schools meeting on Wednesday, the current board members would not say whether they believed the board should be reconstituted, but they acted as if they would remain in charge for some time to come.
State Rep. Curry Todd, R-Collierville, told Locker that the intent of the new Norris-Todd state law, which he sponsored in the House, "was for both school boards to remain through the planning process leading up to merger, when a new school board would be elected." Todd said if the judge calls for a special election to "remedy" the unconstitutional violation he determined, the state legislature might well act. He said: "Based on how he rules, it may set a whole new parameter on that issue. I think an election is premature."
All of this may turn on how strictly the order from U.S. District Court Judge Samuel 'Hardy' Mays Jr. is read. He clearly says the current "electoral districts" of the Shelby County Board of Education represent a constitutional violation, and he's ordered all parties to submit to him today their proposals for a remedy. The relevant section of the order is titled, "Constitutionality of Shelby County Board of Education's Current Electoral Districts." One could argue, then, that what is currently unconstitutional are the electoral districts, and not the current board members themselves. That seems to be the direction Todd is going with his logic, that an "election" is premature.
But proponents of creating a new countywide board have a lot of evidence supporting their view. Why then did the judge order immediate proposals for a "remedy"? Why did he so sharply reject the claim by the current SCS board members that they have a constitutional right to finish out their terms (some ending in 2012, some in 2014)? Why did he go into great detail describing the ways in which Memphis residents and schoolchildren would be disenfranchised during the transition?
And then there is the way Mays talks about how the county's school board, during the transition, will be making "decisions" that "will shape the education of Memphis schoolchildren and the vitality of the City of Memphis for years to come." He continues. "They cannot be delayed until the transition process has been completed. They are an essential part of that process. Despite Memphis residents' substantial and direct interests in the Board's decisions, the Shelby County Board of Education has no representatives elected by Memphis voters and has unanimously opposed assuming control of Memphis City Schools." Note that Mays, as he does elsewhere, cites the current board's vehement opposition to schools consolidation.
It will be interesting to see the proposals Mays receives today (probably late today), and how different lawyers interpret that key section about the "Constitutionality of Shelby County Board of Education's Current Electoral Districts." The Memphis entities have spoken loud and clear -- they see it as a "constitutional crisis," in the words of Memphis Republican County Commissioner Mike Carpenter, that therefore demands relief as soon as possible (the commission voted Thursday to redistrict a seven-member countywide schools board that would be dominated by Memphians). At the Shelby County Schools meeting on Wednesday, the current board members would not say whether they believed the board should be reconstituted, but they acted as if they would remain in charge for some time to come.
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