Big Week of MSCS News
Elevated School Lead Levels:
Routine testing at MSCS schools uncovered levels of lead above state standards in 24 district schools. In total, 27 water sources across these schools, the majority of which are kitchen sinks, have been shut down. Others testing near, but not above, the state standard will be reevaluated within the next year. See here for a list of schools and water fixtures affected. These concerning health hazards within aging school buildings are contributing factors to the district’s overall deferred maintenance cost, which is well over $1 billion.
MSCS Audit Begins:
Auditors from a national accounting firm arrived in Memphis this week to begin the state-funded forensic audit of the Memphis-Shelby County Schools district. Though the firm has stated they will be investigating the claims of financial mismanagement levied against former Superintendent Marie Feagins, the scope of their audit extends as far back as 2021 and includes identifying instances of fraud, waste, and abuse in the district. This time period spans the tenure of four different superintendents.
The state has set aside up to $6 million to be used in this audit process, which many believe to be a direct response to recent decisions made by the MSCS board, such as the firing of Feagins. The audit is expected to take up to 18 months to be completed, during which time the state may take up other legislation related to MSCS. This legislation could include the proposed state intervention bills that were not reconciled between the House and Senate this year and a bill that may permit a recall process for school board members.
MSCS Facilities Committee Meeting:
On Wednesday, a new committee made of representatives from the MSCS Board and community members met to discuss the ongoing issue of facility maintenance in the school district. Students testified that their schools have received patchwork maintenance on the same issues for years, while underlying issues have remained unresolved. This reflects the overall findings of the district’s facilities report, which detailed $2.9 billion in necessary repairs over the next 20 years just to keep schools in proper shape. Board members hinted at the fact that tough decisions will have to be made in the near future to strategically close some under-enrolled schools and consolidate resources in others. This will significantly reduce the cost of deferred maintenance on the path to “right sizing” the district. The facilities committee will meet several more times throughout the fall to come up with a plan of action.
Feagins Not Reinstated by Judge:
Also this week, Shelby County Circuit Court Judge Robert Childers denied a motion from former Superintendent Feagins to immediately reinstate her as MSCS superintendent, pending the final ruling on her lawsuit against the school board. In his ruling, Judge Childers stated that “there is certainly a chance that the Plaintiff [Feagins] can succeed on the merits after a full evidentiary hearing, but there is not enough proof at this juncture to find that the Plaintiff is likely to prevail after a full evidentiary hearing.” He also stated that reappointing her to her post at this point in the school year would cause disruption and harm to the school system, adding to his reasoning.
Feagins is seeking a restoration of her contract on the grounds of a violation of the Tennessee Open Meetings Act, which she claims occurred when board members discussed firing her outside of a public hearing. Alternatively, she is seeking $487,500 severance if not reinstated, due to her claim that she was terminated without cause. It is unclear when a final ruling will be released, but we do not expect it to be soon.
County Commission Considers Election Alignment:
Since we last gave you an update on the proposed resolution under consideration by the Shelby County Commission to align all MSCS board elections with the elections for the county commission, as well as impose term limits on the board, several changes have been made to the resolution. Last Wednesday during committee meetings, Commissioner Erika Sugarmon proposed a substitute amendment to the resolution, which would align the elections beginning in 2030 by allowing for the members elected in 2024 to serve out their initial terms, after which they would be eligible to run for a two-year term in 2028 to align with the other members who would seek election in 2030. Term limits would then be applied beginning in 2030. This proposal passed through committees by a very thin margin, with several members not in attendance. This week, it was up for final passage by the full commission.
Discussion began with Commissioner Edmund Ford Jr. proposing a motion to revert the resolution back to its original form. This motion failed by a single vote. He then made an additional motion to amend the resolution that passed out of committee to impose term limits beginning in 2026, which passed on a 9-4 vote. At this point, the resolution imposes term limits in 2026, but it does not align elections until 2030. This means that half of the school board would be subject to term limits (two consecutive four-year terms) beginning in 2026, while those who were elected in 2024 and would seek election to a two-year term in 2028 would not be subject to term limits until 2030, as a two-year term would not count toward the term limit. Several members of the commission were confused by this, so Commissioner Britney Thornton made a motion to bifurcate the resolution into its two main issues: term limits and election alignment. While the term limits section passed this week, the election alignment portion was sent back to committees slated for early September. We will update you as new developments occur.
