Is the MNPS Charter Proposal Illegal? This State Lawyer Says Yes

We learned this past week in a committee meeting that Nashville School Board Member Will Pinkston will ask for a policy change to require charter school proposals to list their location in their application. That would add difficulty to the proposal process because it would require a charter operator to secure a location before they even know if their application is approved by the district.

Many charter schools know the area they will open, but have not secured a location because it’s left to the will of an elected body to approve or deny their application. You can’t get financing to lease or buy a facility before your proposal has been approved.

According to a tweet by Nashville Scene reporter Amanda Haggard, Metro Legal said “if MNPS denies a charter based on not having location,  that (the) state could give them appeal if they chose to.”

School Board Member Sharon Gentry brought up the same fact in the committee meeting that this requirement could result in the State Board of Education overturning the denial decisions from the district.

The State Board of Education agrees, and says that it’s illegal to require charter applicants to have a specific location in their application.

The State Board of Education’s legal counsel, Elizabeth Taylor, said this past week during a State Board meeting that Tennessee law does not require a charter school to have a facility in place when they apply to open a charter school. The law, TCA 49-13-107, lists all the requirements that a charter application must contain, and a facility is not one of those requirements. “No, an exact brick and mortar address is not required at time of application,” Taylor added.

When asked if a local district denied a charter school application because they did not provide a location, would the state board uphold that?

“That would not be legally permissible as the only reason to deny an application,” said Sara Heyburn, the State Board of Education Executive Director.

The proposal brought forth by Will Pinston passed out of committee on a 5-3 vote. The five members voting to send the proposal out: Will Pinkston, Amy Frogge, Jill Speering, Anna Shepherd, and Christiane Buggs.

With 5 members voting this proposal out of committee, there is a good chance that this legislation will pass and become school board policy.

If members vote for this policy change, they are voting for a policy that is possibly illegal and will end up having charter schools approved at the state level more often because of it.

We know that the Nashville school board disagrees with the state being able to authorize local charter schools. If they pass this policy change, they are giving more power the the State Board of Education to overturn charter appeals.

This policy proposal should be voted down.

Tennessean Endorses in Nashville School Board Race

Today, the Tennessean released their endorsements for the upcoming Nashville school board race. The endorsements bridge the gap between those who are viewed on different sides of the education debate in Nashville. 

The endorsed candidates included both incumbents and challengers. 

Early voting starts July 15 and Election Day is August 4.

District 1: Sharon Gentry:

The first search for a new director under her chairmanship failed to yield a new CEO. However, she showed wisdom, prudence and humility by pivoting and embracing the help of new Mayor Megan Barry and the Nashville Public Education Foundation the second time around to invest in a monthslong community-focused search that led to the hiring of Shawn Joseph in May.

As public officials become more experienced, they should show growth, and Gentry has done so and helped move the board in the right direction.

She deserves another term.

District 3: Jill Speering:

Jill Speering has served on the school board for a term and has made literacy her key priority. Her passion comes through.

An opportunity for growth is to work on ensuring that she is not beholden to the Metro Nashville Education Association and that she can be a voice for all students and parents.

She has occasionally aligned herself with other board members who have taken a hard line on charter school growth in the county. However, she has shown restraint by not engaging in social media verbal sparring and staying focused as an advocate for the educator’s point of view.

District 5: Miranda Christy:

The candidates show passion and a commitment to unifying the board and advocating for children’s interests, but attorney Miranda Christy showed the greatest promise as a future school board member.

Her combination of experiences serving on boards, advocating for quality education and being willing to engage in public discussion clearly and in productive ways make her candidacy stand out.

District 7: Will Pinkston:

Incumbent Will Pinkston brings a profound intellect and sharp political skills to the school board.

His passion for prekindergarten, English language learners and greater funding for schools has helped move the needle on these important issues.

However, this endorsement came reluctantly and painstakingly because of Pinkston’s behavior on social media, where he has used his platform to bully, demean and intimidate critics and adversaries, real or perceived.

The Tennessean expects much more of elected officials, especially those who are advocating for the children of our community.

So do the residents of Nashville, whose children probably would be tossed out of classrooms if they displayed some of the behavior we have seen.

District 9: Thom Druffel:

Aside from extensive business experience, he has been a volunteer in Big Brothers Big Sisters and with the innovative Academies program at Nashville high schools, which gives students vocational training in addition to a liberal arts education.

He also has served on several nonprofit boards, which gives him deep insight into how to operate on a board. His temperament is such that he will show respect and discipline to fellow board members, MNPS staff and the public.

It should be noted that The Tennessean walked through the reasoning behind not endorsing Amy Frogge, the only incumbent in the race not endorsed by the Tennessean.

A passionate parent and attorney, Frogge also has served as a disruptive force unwilling to step outside her box and has shown a pattern of being responsive and respectful only when constituents agree with her.

Whether it involves social media behavior like writing acerbic posts and deleting comments that are critical of her, this behavior is not conducive to productive community engagement.

During the 2015 Project RESET initiative by the Nashville Public Education Foundation to restart the conversation on public education priorities, Frogge refused to review the research regarding proposed improvements to MNPS and questioning the firm The Parthenon Group’s credibility.

By not reviewing the material before leveling the public criticism, she missed an opportunity to show that she was open to being engaged by ideas that might challenge her viewpoint.

During the 2016 MNPS director search, her motion to add a candidate after six finalists had already been interviewed threatened to torpedo the delicate process for a school district reeling from one failed search. One finalist dropped out.

To her credit, she agreed to support the final outcome that led to Shawn Joseph’s hiring.

For more on education policy and politics in Tennessee, follow @TNEdReport.


 

 

Nashville Chamber’s SuccessPAC Endorses in School Board Race

Today, the Nashville Chamber’s SuccessPAC endorsed candidates for the upcoming Nashville School Board race. Below is part of the release from the SuccessPAC:

SuccessPAC, the political action committee created by the Nashville Area Chamber of Commerce for school board elections, announced today its support for four Metro school board candidates in the Aug. 4 election in which voters will elect five of the nine school board members. The SuccessPAC board invited all candidates who qualified for the ballot across the five districts up for election to complete a questionnaire and interview with the committee.

“Our committee had a thorough discussion about each of the candidates over the course of the past two months,” said Darrell S. Freeman, Sr., SuccessPAC chairman. “In making our endorsement decisions, we look for candidates who are knowledgeable, experienced and are focused first and foremost on academic success for all students. This year, we specifically looked for a commitment to improve the board’s governance and public perception.

The endorsed candidates are:

District 1: Sharon Gentry

“School Board member Sharon Gentry has served ably for two terms, and has led the board as chair for the past two years” said Freeman. “Dr. Gentry’s leadership capabilities were clearly evident in guiding an often divided board through the completion of the second director search in 2016. It was successful, largely because the board was able to learn from and address the shortcomings of the 2015 search. Leadership is realizing when something isn’t working and then being willing to try a different approach.”

The other candidate in the race, Janette Carter, was not able to schedule an interview with the committee.

District 3: Jane Grimes Meneely

“The committee was impressed with Jane Grimes Meneely’s past business experience in management, technology and human resources,” said Freeman. “Her focus is on making sure there are high-performing public schools in every neighborhood in district 3. She is also committed to a school board that focuses on setting policy and a cohesive strategy for improvement.”

“The committee respects greatly incumbent Jill Speering’s long career as an MNPS educator and her passion for literacy. We are hopeful that new leadership gives the next board an opportunity to move past the divisiveness that has characterized much of the past four years.”

District 5: Christiane Buggs & Miranda Christy

Voters in district 5 are truly fortunate to have a range of choices on the ballot. “We found Christiane Buggs to be an energetic, and passionate advocate for children,” said Freeman. “She has the insights of a professional background in education, while also demonstrating a clear understanding of her potential board governance role. Her teaching experience in both MNPS and a charter school also positions her to help the rest of the school board bridge their toxic divide over charter schools.”

“We believe Miranda Christy has the necessary background, skills and temperament to be an outstanding school board member,” said Freeman. “Ms. Christy’s professional background as an attorney and her extensive volunteer experience in education equip her to be an effective representative for district 5. We appreciate her clear understanding of board governance and the need to also serve as an effective representative of her constituents.”

Voters will also find that candidate Erica Lanier brings a valuable parent perspective to the race in district 5.

Candidate Corey Gathings declined to participate in the committee’s process.

District 7: No endorsement

The Committee chose not to make an endorsement in district 7’s two-candidate race. “Four years ago, our committee believed incumbent Will Pinkston had the background and expertise to help lead our school board to a new level of strategic focus and effectiveness. Unfortunately, Mr. Pinkston’s public battles on social media and his attacks on officials with whom he disagrees have limited his effectiveness,” said Freeman.

Challenger Jackson Miller is an MNPS parent and business owner who has been a committed volunteer in education. “Mr. Miller’s candidacy gives voters a choice in the district 7 election,” said Freeman. Ultimately, the committee was not convinced that Mr. Miller had the time to manage the considerable demands of serving in elected office.”

District 9: Thom Druffel

“Thom Druffel is a longtime business executive and education volunteer who exhibits a passion for educating our city’s children,” said Freeman. “The committee was impressed with Mr. Druffel’s desire to steer the school board away from the political divisiveness of much of the last four years. We believe that Thom Druffel will focus less on promoting his personal viewpoints, and instead work to find common ground with the remaining eight members of the school board on how to move the school district forward. We commend Mr. Druffel for placing a priority on increased student achievement for all students.”

Incumbent Amy Frogge declined to participate in the committee’s process.

For more on education policy and politics in Tennessee, follow@TNEdReport.


 

 

Who is Running MNPS?

Seems like a simple question. And, until last night, it had a simple answer. Dr. Jesse Register’s last day was to be June 30th. The interim role would then be handed to the district’s #2, Jay Steele, currently the Chief Academic Officer.  Steele would run the district for one to three months until a permanent Director of Schools was hired and in place.

But, it’s not that simple. Steele was appointed to the interim role on a 5-4 vote. That vote drew criticism from, among others, TN Ed Report’s own Zack Barnes.

Steven Hale over at the Nashville Scene has a good run down of what happened.

And now, the Board has appointed Chris Henson as interim director.

The appointment came in an emergency meeting called by Board Chair Sharon Gentry to address issues raised with the vote for Steele, including the open meetings complaint.

At last night’s meeting, Gentry admitted that she was at fault, at least in part, because after the motion to appoint Steele, she proceeded with the vote without calling for discussion.

Gentry also voted against appointing Steele – this would seem to be an indication that no decisions were made in secret, since the person who chose to move forward without discussion was on the losing side of the vote. Perhaps Gentry suspected she had the votes in favor of another candidate and called for the vote on Steele quickly in order to move on to her preferred interim director choice.

Gentry last night also suggested that one remedy for an open meetings violation was a new meeting and vote with a thorough discussion. Of course, as of last night, there was only a complaint, no guidance from the Comptroller regarding any violation.

And, as referenced in the Scene story and noted by J.R. Lind, the meeting was a procedural mess:

The emergency meeting appears to have been a procedural mess, as our J.R. Lind explains on Twitter. For instance, although the board members voted to reconsider their initial appointment of Steele, they never voted to rescind it.)

This marks the second consecutive meeting in which a major decision was mishandled by poor procedural leadership from Gentry.

Back to the original question: Who is running MNPS? As of today, it’s Chris Henson. As for the Board, that’s an open question.

 

For more on education politics and policy in Tennessee, follow @TNEdReport