Panel rejects special school district

Long city-county fight remains unresolved

By Richard Locker and Sherri Drake, Commercial Appeal
April 19, 2006

NASHVILLE -- A House subcommittee killed for another year Tuesday a bill allowing Shelby County schools to convert to a special school district.

Under Tennessee law, conversion to a special school district would fix the county school system's boundaries and authorize its elected school board to levy its own tax rate, outside of Memphis, to fund schools.

The bill has been the focus of a lobbying battle between the city and county school boards for 13 years. It was killed again in the House K-12 Education Subcommittee on a 4-5 vote after nearly an hour's debate.

The state has prohibited new special school districts since 1982. Among Tennessee's 136 city, county and special school districts, 15 are currently SSDs, including Memphis City Schools.

The bill, sponsored by Rep. Tre' Hargett, R-Bartlett, and Sen. Mark Norris, R-Collierville, would remove the prohibition for Shelby, Montgomery, Gibson and Sullivan counties.

County schools Supt. Bobby Webb, who testified before the subcommittee, said afterward he was "very disappointed, especially in light of the fact that I thought we had an agreement (with the Memphis City Schools). Now it looks like they changed their minds."

The agreement last August was directed at the distribution of $100 million in school bond proceeds for school construction. It contained a clause in which the city school board and its lobbyists would "actively and publicly support and lobby for passage" of the bill.

Michael Marshall, a lawyer for the city school board, acknowledged after the vote that the board "indicated we were concerned" about the legislation. He said city school board chairman Sara Lewis sent a letter to the county school board March 9 asking the county district not to proceed with special district conversion until city and county officials reached agreement on key issues.

Lewis, who said she never received a response to the letter, said the board was in agreement, but with a stipulation, which they never received.

"We were asking for some specific things for some assurance," Lewis said. "We supported providing additional research that we would not be harmed as a school district. That was our understanding and apparently that was not everyone else's understanding."

Shelby County school board chairman David Pickler said he was disappointed the bill did not get the support of county Mayor A C Wharton or the city schools lobbyist.

"The Shelby County mayor did not come forth with his support and we have deep concerns over that act," Pickler said.

Wharton said he was clear with both school boards that he would only support the bill if both parties were in agreement.

Wharton said that about two weeks ago he started hearing rumors that some city board members wouldn't honor the agreement. He spoke with city schools Supt. Carol Johnson and Lewis.

"They told me they had serious problems with the bill. That they were no longer in support of it," Wharton said.

"I resent deeply any statement or implication that Shelby County 'killed' the bill. All Shelby County did through my office was to honor the commitment I made, which was that I would support the mutual desire of both school systems."

Most of the House committee's debate focused on money issues and the longstanding division within Shelby County over the school systems.

"You and I have been up here about 10 years and this issue has been up here every year," Rep. Mark Maddox, D-Dresden, told Hargett. "If all four entities (the city and county school boards, the Memphis City Council and the Shelby County Commission) agree on this, the committee would pass very quickly."

Under questioning by Rep. Harry Brooks, R-Knoxville, Rep. Ulysses Jones, D-Memphis, acknowledged that the reason most Memphis legislators oppose the bill is because they fear it would lead to greater disparities between the two systems.

Voting against the bill were Reps. Ulysses Jones, Maddox, Larry Turner, D-Memphis, Les Winningham, D-Huntsville, and Joe Towns, D-Memphis. Voting in favor were Reps. Harry Brooks, R-Knoxville, Steve Godsey, R-Blountville, Gerald McCormick, R-Chattanooga, and Richard Montgomery, R-Sevierville.