Because we still hear and sense confusion from even the most informed, intelligent readers in the community, I'm going to put together a post that spells out the basics of schools consolidation and try to keep the post near the top of the blog. Below is a description of the various components of consolidation, as spelled out in U.S. District Judge Samuel "Hardy" Mays Aug. 8 ruling and the consent decree authorizing a settlement between the plaintiffs (Shelby County Schools as an institution and five individual board members as intervenors) and the defendants (Shelby County Commission, Memphis City schools, Memphis City Council, City of Memphis and Memphis Education Association as an intervening party).
TIMELINE
Merger must be completed in time for the beginning of the 2013-14 school year. Because the fiscal year for school systems starts July 1, the hard deadline is in effect June 30, 2013, for Memphis City Schools administrations and operations to be absorbed by Shelby County. Essentially, it's a merging of the approximately 105,000 Memphis City Schools students with the approximately 45,000 Shelby County Schools students. It's unclear if the 52 suburban schools and 200 city schools would become 252 schools, or if some schools would close. It's also unclear if the 3,200 suburban teachers and 6,600 city teachers would automatically form a 9,800-teacher corps or if that number would diminish. There are many redundancies in the higher administration of both systems.
MCS and SCS remain separate for the next two school years, still operating with their current superintendent and separate administrations.
23-MEMBER UNIFIED SCHOOL BOARD
The Shelby County Commission was authorized to create seven seats for the Shelby County Board of Education that will survive after merger is completed. Those seven do immediately join the nine people who were elected to the Memphis City Schools board and seven from suburban Shelby County Schools to form a 23-member board. That board will meet Monday to elect officers and set board procedures. The 23-member board consists of 14 Memphis residents and seven suburban residents, 14 men to nine women and 12 black members and 11 white members.
21-MEMBER TRANSITION COMMISSION
Public Chapter 1, or the state law known as Norris-Todd, called for creation of a merger transition commission to create a comprehensive plan for merging the two systems. There were 18 appointments to that commission, with five chosen by MCS, five by SCS, five by Shelby County Mayor Mark Luttrell and one each from the state's top three elected officials (Gov. Bill Haslam, State Sen. Speaker Ron Ramsey, and State House Speaker Beth Harwell). Luttrell, SCS chairman David Pickler and MCS chairman Martavius Jones also are on the team. The transition team consists of 11 suburban residents to 10 Memphis residents, 15 men and six women, 14 white members and seven black members. It elected former MCS president Barbara Prescott as its chairman, former SCS board member and superintendent Fred Johnson as vice-chairman and made longtime SCS building operations chief Richard Holden its treasurer. Tennessee Stand For Children executive director Kenya Bradshaw is secretary.
ROLES
Ultimately, the unified school board has authority and responsibility over all aspects of the merger. It also has full power over the next two school years to authorize the administration of MCS or SCS to make changes, by a majority vote of the school board members. The transition commission has set a goal of summer 2012 to deliver a merger plan, but the board ultimately must authorize the components of any plan.
MUNICIPAL DISTRICTS
Though Judge Mays ruled that Public Chapter 1 (or Norris-Todd) is valid, he very clearly stated that he did determine if the clause allowing for creation of municipal school districts and/or special school districts in Shelby County is constitutional. That issue, he said, is not yet "ripe" and would require extensive legal briefing. However, the municipalities in suburban Shelby County are aggressively exploring their options and expected to test that aspect of the law, which also states a municipality cannot apply for a district until after merger of the unified system has been completed.
After the jump, see the consent decree as ordered by Judge Mays. Click here for his full Aug. 8 ruling:
TIMELINE
Merger must be completed in time for the beginning of the 2013-14 school year. Because the fiscal year for school systems starts July 1, the hard deadline is in effect June 30, 2013, for Memphis City Schools administrations and operations to be absorbed by Shelby County. Essentially, it's a merging of the approximately 105,000 Memphis City Schools students with the approximately 45,000 Shelby County Schools students. It's unclear if the 52 suburban schools and 200 city schools would become 252 schools, or if some schools would close. It's also unclear if the 3,200 suburban teachers and 6,600 city teachers would automatically form a 9,800-teacher corps or if that number would diminish. There are many redundancies in the higher administration of both systems.
MCS and SCS remain separate for the next two school years, still operating with their current superintendent and separate administrations.
23-MEMBER UNIFIED SCHOOL BOARD
The Shelby County Commission was authorized to create seven seats for the Shelby County Board of Education that will survive after merger is completed. Those seven do immediately join the nine people who were elected to the Memphis City Schools board and seven from suburban Shelby County Schools to form a 23-member board. That board will meet Monday to elect officers and set board procedures. The 23-member board consists of 14 Memphis residents and seven suburban residents, 14 men to nine women and 12 black members and 11 white members.
21-MEMBER TRANSITION COMMISSION
Public Chapter 1, or the state law known as Norris-Todd, called for creation of a merger transition commission to create a comprehensive plan for merging the two systems. There were 18 appointments to that commission, with five chosen by MCS, five by SCS, five by Shelby County Mayor Mark Luttrell and one each from the state's top three elected officials (Gov. Bill Haslam, State Sen. Speaker Ron Ramsey, and State House Speaker Beth Harwell). Luttrell, SCS chairman David Pickler and MCS chairman Martavius Jones also are on the team. The transition team consists of 11 suburban residents to 10 Memphis residents, 15 men and six women, 14 white members and seven black members. It elected former MCS president Barbara Prescott as its chairman, former SCS board member and superintendent Fred Johnson as vice-chairman and made longtime SCS building operations chief Richard Holden its treasurer. Tennessee Stand For Children executive director Kenya Bradshaw is secretary.
ROLES
Ultimately, the unified school board has authority and responsibility over all aspects of the merger. It also has full power over the next two school years to authorize the administration of MCS or SCS to make changes, by a majority vote of the school board members. The transition commission has set a goal of summer 2012 to deliver a merger plan, but the board ultimately must authorize the components of any plan.
MUNICIPAL DISTRICTS
Though Judge Mays ruled that Public Chapter 1 (or Norris-Todd) is valid, he very clearly stated that he did determine if the clause allowing for creation of municipal school districts and/or special school districts in Shelby County is constitutional. That issue, he said, is not yet "ripe" and would require extensive legal briefing. However, the municipalities in suburban Shelby County are aggressively exploring their options and expected to test that aspect of the law, which also states a municipality cannot apply for a district until after merger of the unified system has been completed.
After the jump, see the consent decree as ordered by Judge Mays. Click here for his full Aug. 8 ruling:
CONSENT DECREE
1. The parties adopt and agree to abide by the Court's Order of August 8, 2011.
2. Effective October 1, 2011, the Memphis and Shelby County school systems will be governed by the Shelby County Board of Education, which shall consist of twenty-three (23) members. Nine (9) of the members will be present members of the Memphis City Board of Education. Seven (7) of the members will be present members of the Shelby County Board of Education. The sixteen (16) members from the Memphis and Shelby County Boards shall serve until September 1, 2013. The remaining seven (7) members will be appointed by the Shelby County Commission. The seven (7) appointed members shall be subject to election at the regularly scheduled county-wide election in August 2012 and shall serve staggered terms as determined by the County Commission.
3. Each of the seven (7) appointed members shall be a resident of and represent a separate district in Shelby County. The Shelby County Commission shall determine the boundaries of the seven districts based on the 2010 United States Census, ensuring that the districts are of substantially equal population. The seven districts submitted by the Shelby County Commission are acceptable to the parties. The Shelby County Commission shall have the option of enlarging the Shelby County Board of Education and redistricting it so that the Board shall consist of not more than 13 members. No such enlargement or redistricting shall take effect before September 1, 2013.
4. The twenty-three (23) member Shelby County Board of Education will be responsible for adopting a transition plan, making all transition decisions, operating the two separate school systems, and providing information to the Commissioner of Education. The chairs of the existing Shelby County Board of Education and the Memphis City Board of Education shall each appoint 5 members of the transition planning commission, and each existing chair shall serve as an ex officio member of the commission.
5. The twenty-three (23) member Shelby County Board of Education shall elect its own officers and otherwise provide for its affairs.
6. On September 1, 2013, the terms of the sixteen (16) members of the Shelby County Board of Education who formerly served on the Memphis and Shelby County Boards will expire. Any vacancies in positions on the combined Shelby County Board of Education before that date shall be filled by the Shelby County Commission.
7. The Memphis and Shelby County school systems shall remain separate school systems until they are combined at the start of the school year in 2013. There shall be no change in the financing of the two school systems pending the combination of the systems at the start of the school year in 2013.
8. Effective September 1, 2013, the seven (7) members elected in August 2012 will constitute the Shelby County Board of Education and govern the combined school system. Present members of the Shelby County Board of Education and Memphis City Board of Education shall be eligible for appointment or election to one (1) of the seven (7) positions appointed by the Shelby County Commission and subject to election in 2012.
9. The United States District Court for the Western District of Tennessee retains jurisdiction to enforce this Consent Decree. The Court will appoint a special master to assist in implementing the Consent Decree and to resolve disputes among the parties as to any aspect of the transition to a combined school system or the operation of the separate school systems. The Court will decide the special master's compensation, which shall be paid one-half by the Memphis City Schools and one-half by the Shelby County Schools. The special master's function and the Court's supervision shall end on September 1, 2013.
The Court reserves its decision on the boundaries of the seven districts established by the Shelby County Commission until the Court has received and considered a complete list of the precincts to be included in each district.
So ordered this 28th day of September, 2011.
1. The parties adopt and agree to abide by the Court's Order of August 8, 2011.
2. Effective October 1, 2011, the Memphis and Shelby County school systems will be governed by the Shelby County Board of Education, which shall consist of twenty-three (23) members. Nine (9) of the members will be present members of the Memphis City Board of Education. Seven (7) of the members will be present members of the Shelby County Board of Education. The sixteen (16) members from the Memphis and Shelby County Boards shall serve until September 1, 2013. The remaining seven (7) members will be appointed by the Shelby County Commission. The seven (7) appointed members shall be subject to election at the regularly scheduled county-wide election in August 2012 and shall serve staggered terms as determined by the County Commission.
3. Each of the seven (7) appointed members shall be a resident of and represent a separate district in Shelby County. The Shelby County Commission shall determine the boundaries of the seven districts based on the 2010 United States Census, ensuring that the districts are of substantially equal population. The seven districts submitted by the Shelby County Commission are acceptable to the parties. The Shelby County Commission shall have the option of enlarging the Shelby County Board of Education and redistricting it so that the Board shall consist of not more than 13 members. No such enlargement or redistricting shall take effect before September 1, 2013.
4. The twenty-three (23) member Shelby County Board of Education will be responsible for adopting a transition plan, making all transition decisions, operating the two separate school systems, and providing information to the Commissioner of Education. The chairs of the existing Shelby County Board of Education and the Memphis City Board of Education shall each appoint 5 members of the transition planning commission, and each existing chair shall serve as an ex officio member of the commission.
5. The twenty-three (23) member Shelby County Board of Education shall elect its own officers and otherwise provide for its affairs.
6. On September 1, 2013, the terms of the sixteen (16) members of the Shelby County Board of Education who formerly served on the Memphis and Shelby County Boards will expire. Any vacancies in positions on the combined Shelby County Board of Education before that date shall be filled by the Shelby County Commission.
7. The Memphis and Shelby County school systems shall remain separate school systems until they are combined at the start of the school year in 2013. There shall be no change in the financing of the two school systems pending the combination of the systems at the start of the school year in 2013.
8. Effective September 1, 2013, the seven (7) members elected in August 2012 will constitute the Shelby County Board of Education and govern the combined school system. Present members of the Shelby County Board of Education and Memphis City Board of Education shall be eligible for appointment or election to one (1) of the seven (7) positions appointed by the Shelby County Commission and subject to election in 2012.
9. The United States District Court for the Western District of Tennessee retains jurisdiction to enforce this Consent Decree. The Court will appoint a special master to assist in implementing the Consent Decree and to resolve disputes among the parties as to any aspect of the transition to a combined school system or the operation of the separate school systems. The Court will decide the special master's compensation, which shall be paid one-half by the Memphis City Schools and one-half by the Shelby County Schools. The special master's function and the Court's supervision shall end on September 1, 2013.
The Court reserves its decision on the boundaries of the seven districts established by the Shelby County Commission until the Court has received and considered a complete list of the precincts to be included in each district.
So ordered this 28th day of September, 2011.
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