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Opinion Viewpoint

All’s Well That Ends Well

Over the past 40 years, the Memphis and Shelby County community has been in an almost constant state of conflict — by race, by gender, by religious affiliation, and, most intriguing of all, by the accelerating divide between urban and suburban interests.  

David Pickler

It could be argued that despite 40 years of court-ordered actions to eliminate the vestiges of segregation, Memphis and Shelby County are more segregated today than at any time in history. While the prior focus of desegregation efforts focused on issues of race, today’s segregated Shelby seems to be principally a function of socioeconomic status.

The past few decades have witnessed an unprecedented level of population mobility, with large segments of the community choosing to vote with their feet. A significant result of this mobility has been the growth and development of Shelby’s six suburban communities. This outward expansion from the core city of Memphis has created substantial animosity from urban leaders, whether in municipal government or in education leadership.

It could be argued that a driving motivation behind the surrender of the charter of Memphis City Schools was an effort of urban Memphis leaders to effect a hostile takeover of the suburban school system. It is certainly unquestioned that the school merger issue was merely the latest chapter in a saga that has also included libraries, ambulances, police, and utility services.

As an aggressive and passionate advocate for Shelby County Schools, I was absolutely opposed to the ill-conceived Memphis City Schools charter surrender, and my public advocacy as a suburban leader made me a fairly easy target during the many months of urban-suburban battles at the ballot box and in the legislature. I was very proud to fight for the rights of suburban residents to the same educational autonomy that had been enjoyed by Memphis residents for many decades.

Upon the decision by federal Judge Hardy Mays that the merger would become the new reality, my fellow Shelby County Schools board members and I chose to fully engage in the work of the Transition Planning Commission and Transition School Board to attempt to navigate the uncharted waters of consolidation. We also watched with significant interest the diligent and passionate efforts of each of our six suburban communities to pursue their own educational independence.  

As the merger reached completion, the most significant issue remaining to be resolved was the decision about school buildings located within their municipal boundaries yet still owned by Shelby County Schools.

Despite much concern that the acrimony of the merger and creation of the new municipal districts would derail any meaningful attempts to negotiate a fair agreement for transfer of the buildings, an amazing degree of cooperation and compromise has emerged.

Agreements have been reached with five of the six municipal districts that would end the litigation battle between the Memphis City Council, Shelby County Commission, and suburban municipalities. These agreements provide a nominal series of payments to partially offset the remaining post-employment liabilities still retained by Shelby County Schools. The buildings would transfer without cost to the suburban taxpayers.

Still left to be resolved are negotiations with Germantown. These discussions have been tainted by unfortunate rhetoric on social media sites and in public emails and speeches. The recommendation by the superintendent and staff to retain three landmark Germantown schools has ignited a powder keg within the municipality.

Emotions have flared on both sides, as suburban advocates claim that Germantown is bearing the brunt of urban angst and anger in dismantling the newly merged district. A factor hindering Germantown’s position is a lack of consistency among city leaders and newly elected Germantown school board members as to their desired results.

Additionally, there is a significant lack of trust in Germantown’s long-term commitment to educating all the children currently being served in Germantown schools.

The public-education families living in Germantown should not be deprived of the same right to neighborhood schools that is being offered to every other family in all of Shelby County. I would hope that the spirit of cooperation evidenced in the negotiations with the five agreements already consummated would favor openness resulting in an appropriate agreement with Germantown. The time has come to heal and to focus on providing world-class educational opportunities to all children, urban or suburban. They are our future.

David Pickler is proprietor of Pickler Wealth Advisors and a member of the Shelby County Schools board.

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Opinion Viewpoint

A Path Worth Taking

Since 1998, I have had the honor and privilege of representing suburban interests as a member of the Shelby County Board of Education. Our board considered the ongoing independence and autonomy of our system as one of our most important objectives.

The action of the Memphis City Board of Education on December 20, 2010, to surrender its charter and the subsequent ratification of that action by voters within Memphis obviously changed the reality facing Shelby County Schools (SCS). Our board aggressively and vocally fought for the right of our system to remain independent through political campaigns and judicial challenges.

Ultimately, the ruling by U.S. District Court judge Hardy Mays on August 8, 2011, removed any doubt that a merger of the two school systems would become the new reality. It was now our challenge to ensure that the voters, stakeholders, and children of Shelby County Schools and suburban Shelby County had a strong and empowered voice in the process of creating a new district.

The negotiations that followed Mays’ ruling led to the creation of an interim 23-person school board and the establishment of a 21-member Transition Planning Commission (TPC), enacted under the Norris-Todd revision of Tennessee Chapter 1. With the future of public education and perhaps our community dependent on the results of this process, it became evident that we had to concentrate our efforts to create a school system that could serve all children of Shelby County.

As a member of both the enlarged Uniform Shelby County School Board and the TPC, my responsibility has been to develop a plan that could present a viable option for all stakeholders.

Suburban leaders have been researching and considering legal options available to them, including the removal of the decades-old prohibition against the creation of new municipal districts.

Simultaneously, the state of Tennessee has begun to implement a takeover of some underperforming schools in Memphis City Schools, with the formation of an Achievement School District (ASD), led by charter-school pioneer Chris Barbic.

The ASD identified as many as 65 MCS schools that could fall under some form of new governance over the next several years — a fact coinciding with what looks to be an unprecedented growth in charter schools. These factors, combined with the prospect of municipal districts in the suburbs, have complicated the vision of a seamlessly unified district of 150,000 children.

We in the TPC have researched “best practice” school systems and successful and innovative programs all over the country. In our pursuit to achieve educational innovation and excellence, two models of system administration and governance have emerged.

One of the models, dubbed the Path to Autonomy, holds the promise of delivering a structure that conceivably could find favor from both suburban and urban stakeholders. In this model, a not-for-profit entity established as a 501(c)(3) under the IRS code would be able to establish a Charter Management Organization (CMO) that could operate one or multiple charter schools.

This could present a viable alternative to municipal districts as these CMOs could operate schools within a municipality or even incorporate larger areas of unincorporated schools.

One significant advantage of this “path to autonomy” would be that while the municipalities might acquire functional autonomy, the schools would remain under the umbrella of the larger district. The thorny issue of transferring school facilities would be removed, since the buildings, provided to the charter operators under lease arrangements, would remain the property of the larger Shelby County Schools system.

The concerns over creating “orphan schools” in unincorporated Shelby County could also be resolved as CMOs would be empowered to include these schools within their operations. Operational and legal services could be resolved as CMO operators might either contract with SCS or among themselves to achieve greater efficiencies and manage risks.

A major benefit of the Path to Autonomy would be the creation of a system that reflects our new reality in public education, a reality that includes the emergence of virtual schools, charter schools, and state-controlled ASD schools, as well as home- and private-school options. As opposed to creating an environment for conflict between urban and suburban interests, we could build a system that is a national model for educational innovation and success.

David Pickler, former chair of the Shelby County Schools Board, is currently a member of the Uniform Shelby County School Board and the Transition Planning Commission.

Also see this week’s Flyer editorial on the school-merger process..