Yes, the Data Wars continue. Metro Nashville Public Schools (MNPS) gained new hope recently when 33 members of Nashville’s Metro Council penned a letter supporting resistance to the Achievement School District’s request for student data.

Now, Tennessee’s Attorney General has weighed-in and says the alliance of MNPS and Shelby County must comply with the ASD’s request. What happens if they don’t? Nate Rau notes in the Tennessean:

McQueen’s warning leaves open the possibility the state would dock education dollars from Metro and Shelby schools if they continue to deny her request.

It wouldn’t be the first time for Nashville, as the Haslam administration withheld $3.4 million in state funds in 2012 after the school board refused to approve controversial Great Hearts charter school.

Withholding state BEP funds is a favorite “ultimate weapon,” used in the Great Hearts controversy and also threatened during the TNReady debacle in year one of that test that wasn’t.

During the debate that ultimately saw Nashville schools lose funds in a BEP penalty, Commissioner Kevin Huffman and the Department of Education had an ally in then-Nashville Mayor Karl Dean. Joey Garrison reported in the (now defunct) City Paper at the time:

By this point, Huffman had already facilitated a July 26 meeting to discuss Great Hearts’ next move, a gathering that took place just hours before Great Hearts’ revised application would go before the Metro board for second consideration. The meeting site: the office of Mayor Karl Dean, also a Great Hearts backer. In attendance, among others, were Huffman, Dean, Barbic, Deputy Mayor Greg Hinote, Great Hearts officials Dan Scoggin and Peter Bezanson, and Bill DeLoache, a wealthy Nashville investor and one of the state’s leading charter school proponents.

As Rau points out, the current controversy stems from a newly-passed state law giving charter schools the opportunity to request student data from district schools. It seems, however, that there is some dispute over the intent of that law. Rau explains:

Slatery’s opinion also said that the student data may be used for the ASD to promote its schools to prospective students. State Rep. John Forgety, who chairs a House education committee and supported the legislation, told The Tennessean the intent was not to create a law that allowed districts to market to each other’s students.

So it seems the legislature may need to revisit the issue to clear things up.

Also unclear: Where do the current candidates for Governor stand on protecting student data vs. providing marketing information to competing districts and schools?

Stay tuned for more. Will the Shelby-MNPS alliance continue their resistance? Will Commissioner McQueen unleash the power of BEP fund withholding? Will this issue end up in court?

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