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Editorial Opinion

The Aftermath

On Monday, in the wake of a final dismissal of Shelby County’s long-running school litigation, there were cries of satisfaction from most of the parties who had taken part in the legal struggle. “Hallelujah!” Bartlett Mayor

Keith McDonald was quoted as saying — and perhaps he was entitled to such exultation. It was McDonald, after all, who had, early and often, carried the fight for municipal school independence on behalf of his and the five other suburbs — Germantown, Collierville, Arlington, Lakeland, and Millington.

No doubt he was entitled to celebrate. McDonald was, after all, a “winner” in the sense that his efforts had paid off and Bartlett had finally gotten its legal divorce from the school system of Memphis, after a merger of Memphis City Schools (MCS) with Shelby County Schools that the suburbs clearly regarded as unwelcome. Perhaps it should also be counted as a plus for Bartlett, as for the other suburbs, that each of them gets to chart its own course educationally, though the jury will stay out on that one for some years. Shelby County Commissioner Mike Ritz, a Germantown resident and a sometime banker, has warned that the long-term tax burdens on the suburban municipalities are likely to be overwhelming. Time will tell.

It is unlikely that Sharon Goldsworthy, the outgoing mayor of Germantown, felt quite as exhilarated as McDonald. The terms of the final settlement stripped her city of three flagship schools — Germantown High School, Germantown Middle, and Germantown Elementary — though that outcome owed a great deal to her own reluctance to offer long-term guarantees for servicing the student majority — residents of unincorporated Shelby County — at those schools.

Others who might not be so delighted about how things turned out might — or should — include Martavius Jones and Tomeka Hart, the Memphis school board members who took the lead in forcing the surrender of the MCS charter, thereby bringing about a “merger” that could not last — as well as the reemergence of separate city and county school blocs that are more unwieldy than the ones they replaced. Even if Jones and Hart won’t say as much, any number of other well-intentioned citizens who supported the charter surrender in December 2010 have been heard to lament the impossibility of putting the toothpaste back in the tube.

What about the 21 blue-ribbon citizens, members of the ad hoc Transition Planning Commission, who labored so diligently back in 2011-12 to bring forth a model merger document that was as roundly ignored and as impractical in the long run as a Constitution for the Republic of Atlantis? They surely can’t be celebrating.

A case can be made that the city of Memphis, by climbing out of a $58 million annual maintenance-of-effort obligation to the now defunct MCS, has come out a winner — as if any monetary gain could make much of a dent in the somewhat dire circumstances of city finances. And Memphis taxpayers, as citizens of Shelby County, will still have to shoulder the burden of that MOE.

Still, it’s over, and maybe in the long run it will all work out — though at the moment that seems to be a pretty hard sell.

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Opinion

Standstill then Postponement in Schools Trial

Samuel H. Mays Jr.

  • Samuel H. Mays Jr.

Federal Judge Samuel Hardy Mays may have averted an outbreak of narcolepsy in his courtroom when he postponed the schools trial that had come to a standstill in its second day.

The ponderous proceedings will resume on September 20th to determine whether suburbs can start their own municipal school system next August or September.

“Every delay makes it harder,” said Bartlett Mayor Keith McDonald. “But as long as he does not delay the election of school board members (in November) we still have the possibility of making it happen. Of course we’ve still got the building argument that has to be held in some form and whatever other things might be thrown at us.”

The postponement happened Wednesday afternoon when a witness called by the lawyers for the suburbs “drilled down” into demographic data for Gibson County and the city of Milan, about 100 miles northeast of Memphis.

Carolyn Anderson, a “GIS specialist” or computer map maker for the Tennessee Legislature, was describing how she gathered population data on school-age children in small towns and their urban growth areas. Attorneys Allan Wade and David Bearman repeatedly objected that she was giving her opinion and was not qualified as an expert witness. Mays overruled the objections, and Anderson googled Tennessee Census data on her computer and slowly worked her way to spread sheets and maps for Gibson County that were shown on courtroom monitors.

When the objections persisted and the delays grew longer, Mays declared a postponement.

Gibson County is one of the counties that attorneys for the Shelby County suburbs say fits the requirements of the state enabling legislation for new municipal school systems. Wade and Bearman say the legislation was narrowly drawn for Shelby County and violates the state constitution.

The law sponsored by Mark Norris and Curry Todd of suburban Shelby County applies to school mergers where a special school district dissolves into a county school district and increases the enrollment 100 percent or more. Adding Memphis City Schools to Shelby County schools would boost the enrollment of the current county system from 46,000 to about 146,000 in a unified system. The Gibson County special school district currently has 3,586 students and Milan has 2,087 students.

The trial has been narrowly focused on the language of the law and demographic data rather than statements by lawmakers assuring their colleagues that the law would only apply to Shelby County. Attorneys for the Shelby County Commission, over objections from the other side, played tapes of those comments in pretrial hearings in July. The postponement suggests there could be more expert witnesses and another day or more of dueling demographers.

“We are kind of on hold until November,” said McDonald, who has attended the trial. “We have got our committee working full speed ahead to try to get as many things ready for an elected school board as they can. We will keep going unless the judge tells us to stop.”

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Opinion

Bartlett Leaders Ready to Go Muni

Keith McDonald

  • Keith McDonald

As expected, Bartlett leaders Wednesday eagerly accepted a consultant’s study saying the suburb can feasibly start a municipal school system in 2013. Then Mayor Keith McDonald upped the “ask” to include not just existing buildings at no charge but also a new $26.5 million high school.

The mayor acknowledged that the current one is about 500 students below its capacity of 2,100 students. And only 7,428 students who live in Bartlett attend county schools, which is about 1700 short of the projected enrollment of the prospective municipal system in 2013, according to the study. In Bartlett, as in Germantown and Collierville, students don’t necessarily go to the nearest school or the school in the suburb in which they reside. Some Bartlett students go to high school at Arlington and Bolton. Also, all three suburbs also draw students from unincorporated areas of Shelby County.

In some ways Bartlett might be better able to sustain a municipal system than Germantown. According to the latest census, Bartlett is bigger than Germantown, younger, and grew faster but is not as wealthy. Germantown, however, sends more children to private schools and fills its public schools with thousands of children from unincorporated areas near Southwind and from Collierville.

Along with funding, voter approval, and court challenges, one of the biggest uncertainties about the rush to municipal school systems is students, who might be walking around with bounties on their chests in 2013 as schools scramble to fill their classrooms and secure the state and local funding that follows the students and, in turn, pays the staff and the bills.

Consultant Jim Mitchell, a former Shelby County Schools superintendent, made the pitch to Bartlett, and it was similar to the one he made in Germantown 24 hours earlier. Consultants project that a Bartlett municipal system would have 9029 students, 886 employees, $69 million in revenue and $68.2 million in expenses. The system would be approximately 31 percent black, 59 percent white, and the rest other ethnic groups. As in Germantown, there were no questions or comments from spectators. More than 100 people filled the auditorium however, and many of them applauded at the end of the meeting.

The Bartlett Board of Mayor and Aldermen asked several questions, and McDonald, a member of the transition planning team, was one of the most enthusiastic backers of a municipal school system. He said the requisite 15 cents on the local property tax would add only $66 to the tax bill on a $175,000 home. And Bartlett also has a commercial base that would yield roughly $3.5 million a year if the community were to opt for a half-cent increase in the local option sales tax.

McDonald suggested Bartlett hold a public hearing on February 6th, a referendum on May 24th, and a school board election in November. He said “it’s possible” lawsuits could delay the start of the muni in 2013, but he said he would urge residents to push for a new high school “on day one.” One alderman suggested the cost should be covered by the citizens of Shelby County at large, not Bartlett, but Mitchell said Bartlett would have “first responsibility for your capital program.”

In one scenario, Shelby County could have one large county school system and perhaps five municipal school systems, each with their own school board determined to get its existing buildings for nothing and pass its capital spending bills on to the unified school board. At 9,000 students, Bartlett would be the biggest municipal school system in the state.

No one on the board spoke favorably about or even mentioned the future unified school district or the transition planning team which, judging by recent suburban meetings, might as well be selling “Herenton For Mayor” t-shirts.

“I probably didn’t think Memphis City Schools would give up their charter. They did,” said McDonald. “They probably didn’t think we would start our municipal school system. We might.”