fact-finding mission

Signal Mountain leaders look to Shelby County as model for school district secession

PHOTO: Caroline Bauman
From left: Bartlett City Schools Director David Stephens and Lakeland School System Director Ted Horrell update state legislators on their new districts in 2015.

A cluster of towns that broke off from Shelby County Schools to create their own school systems in 2014 is about to host visitors from another Tennessee town looking into the viability of leaving Hamilton County Schools.

A committee from Signal Mountain, on the outskirts of Chattanooga, is scheduled next week to visit with leaders from Arlington, Bartlett, Collierville, Millington and Germantown. Along with Lakeland, the six towns have just completed a third year of operating their own school systems, just outside of Memphis.

Signal Mountain is in its second year of discussions about a possible pullout from the Chattanooga-based district. The community has three of Hamilton County’s higher-performing schools, as well as fewer poor and minority students. Its Town Council created the committee in January to look into the feasibility of creating a separate district, which would siphon off both students and revenue from Hamilton County Schools.

As part of their visit, the seven-member panel will hold open meetings with municipality leaders at Arlington High School. Signal Mountain Mayor Chris Howley and Councilwoman Amy Speek are scheduled to join the sessions.

“We felt it was valuable for us to meet with board members and school officials to gain insight on how the process went, what they learned, what they might do differently,” said committee chairman John Friedl.

“We’re not trying to reinvent the wheel,” he added.

The visit will come days after Shelby County’s secessions were spotlighted in a national report on the trend of wealthier and whiter communities to splinter off from larger school systems that are poorer and more diverse. The report was crafted by EdBuild, a nonprofit research group that focuses on school funding and equity. The report also listed Signal Mountain among nine towns across the nation that are actively pursuing pullouts.

The town of Red Bank, which is just east of Signal Mountain, also recently announced it will investigate launching a separate district.

If Signal Mountain residents vote eventually to create their own school system, they would use the same Tennessee law that allowed municipality voters in Shelby County to exit Tennessee’s largest district. The law, which EdBuild calls one of the most permissive in the nation, allows a town with at least 1,500 students to pull out without the approval of the district it leaves behind or consideration of the impact on racial or socioeconomic equity.

Signal Mountain leaders will focus next week on lessons learned by leaders in Shelby County.

After breaking off in 2014, the municipalities gained about 30,000 students, 33 schools and all of the challenges that come with launching new school systems. That includes funding, staffing and facilities. “We all started out with a central office staff of one … and we had to build from there,” Millington Municipal Schools Director David Roper said during a 2015 presentation to state lawmakers.

The Shelby County breakaway also ended up in court over charges that the exit was racially motivated. But a federal judge eventually dismissed that lawsuit by Shelby County Schools.

The Signal Mountain exploration also has been met with some community resistance. A group called Stay with HCSD is advocating staying with Hamilton County Schools.

You can view the full schedule of Signal Mountain leaders’ visit below:

Who Is In Charge

Indianapolis Public Schools board gives superintendent Ferebee raise, bonus

PHOTO: Dylan Peers McCoy
Lewis Ferebee

Indianapolis Public Schools Superintendent Lewis Ferebee is getting a $4,701 raise and a bonus of $28,000.

The board voted unanimously to approve both. The raise is a 2.24 percent salary increase. It is retroactive to July 1, 2017. Ferebee’s total pay this year, including the bonus, retirement contributions and a stipend for a car, will be $286,769. Even though the bonus was paid this year, it is based on his performance last school year.

The board approved a new contract Tuesday that includes a raise for teachers.

The bonus is 80 percent of the total — $35,000 — he could have received under his contract. It is based on goals agreed to by the superintendent and the board.

These are performance criteria used to determine the superintendent’s bonus are below:

Busing Ban

As school districts push for integration, decades-old federal rule could thwart them

PHOTO: RJ Sangosti/The Denver Post
Several districts across the country want to use federal money to pay for school buses as part of their desegregation plans. A federal spending restriction could get in the way.

In Florida, officials plan to use federal money to shuttle students across vast Miami-Dade County to new science-themed magnet programs in a bid to desegregate several schools.

In South Carolina, a tiny district west of Myrtle Beach intends to spend federal funds on free busing for families who enroll at two predominantly black schools, hoping that will draw in white and Hispanic students.

And in New York, state officials want to deploy federal school-improvement money to help integrate struggling schools, believing that may be the secret to their rebirth.

But each of these fledgling integration efforts — and similar ones across the country — could be imperiled by obscure budget provisions written during the anti-busing backlash of the 1970s, which prohibit using federal funding for student transportation aimed at racial desegregation. The rules have been embedded in every education spending bill since at least 1974, as Rep. Bobby Scott of Virginia pointed out in September when he tried unsuccessfully to remove the provisions from the latest appropriations bill.

The rules are “a relic of an ugly history when states and school districts across the nation resisted meaningful integration,” said Scott, the top Democrat on the House education committee, during a floor speech where he called the persistence of the rules “morally reprehensible.”

After Scott’s amendment to eliminate the provisions was blocked, advocates are now working behind the scenes to convince members of the Senate from both parties to strike the rules from the latest spending bill during negotiations. More than 40 integration advocates and experts have signed onto a letter to lawmakers calling for the anti-busing language to be removed, and members of that coalition plan to meet with lawmakers in the coming days.

Advocates are especially worried about funding for magnet programs, like those in Miami and the South Carolina district, which rely on special science or art offerings or rigorous academic courses to draw students of different races into the same school — a choice-based approach that has become the primary way districts now pursue desegregation.

This is the first year districts that receive federal magnet-school grants are allowed to spend some of that money on transportation, after Congress changed the rules as part of its education-law overhaul in 2015. Among the 32 districts that received a total of nearly $92 million in magnet grants this year, at least six plan to use some of that money for transportation, according to their applications.

Now, just as those funds are about to flow to busing — which many families insist upon before they will enroll their children in magnet schools across town — the decades-old spending restriction could cut them off, advocates warn.

That could create a major problem for districts like Miami-Dade County.

It hopes to attract students from across the district to three heavily black and Hispanic schools by launching magnet programs that focus on zoology, cybersecurity, and mobile-app development, according to its application. To pull that off, it requested $245,000 for buses next year since, as the application notes, the “most limiting factor” for many families is “the cost associated with transporting their child to the magnet school.”

The district in Lake City, South Carolina wants to pull new families from different neighborhoods into an elementary school and a middle school that suffer from sagging enrollment and intense poverty. Previous recruitment efforts that didn’t provide transportation amounted to “failed attempts,” the district said in its application.

However, if the anti-busing provisions are not removed from the next federal spending bill, they would cancel out the new rule allowing those districts to spend some of their magnet money on transportation (though districts could still use local funds to fill in the gap). As such, magnet-school representatives are pushing hard for lawmakers to remove the provisions during budget negotiations.

“We’re hoping this doesn’t see the light of day,” said John Laughner, legislative and communications manager at Magnet Schools of America, an association of magnets from across the country. He plans to discuss the issue with lawmakers next week.

Beyond magnet schools, other desegregation efforts could be undercut by the anti-busing provision, which was included in a spending bill for fiscal year 2018 that the House approved and one the Senate has yet to vote on.

At least one state — New York — listed socioeconomic and racial integration among the ways it could intervene in low-performing schools under the new federal education law. In addition, New York officials announced a grant program this week where up to 30 districts will receive federal money to develop integration plans.

Advocates fear the anti-busing rule could disrupt any of those plans that require transportation and aim to reduce racial segregation. (New York education officials said they did not want to speculate on the impact of a spending bill that hasn’t been approved.)

A Democratic Congressional aide who has studied the issue said the provision could even block federal funding for planning or public outreach around desegregation programs that involve busing, not just busing itself.

Either way, advocates say the provision could dissuade districts from using the new education law, the Every Student Succeeds Act, to pursue integration — even though research suggests that student achievement on tests and other measures improve when they attend less segregated schools.

“We shouldn’t have this,” said Philip Tegeler, a member of the National Coalition on School Diversity, which is leading the charge to remove the restriction. He added that the provision stemmed from mandatory desegregation busing of an earlier era: “It’s clearly an anachronism that doesn’t really fit any more with what states and districts are doing voluntarily.”

A U.S. education department spokeswoman said Secretary Betsy DeVos would be bound to enforce any funding prohibitions that Congress approves, though she noted that state and local funds are not subject to the same restrictions.

Negotiators from the House and Senate must still agree on a single spending bill, which would go before the full Congress for a vote. Until then, lawmakers have voted to temporarily extend 2017 spending levels through December. It’s possible Congress will pass another extension then, meaning a final deal — and a decision on the anti-busing language — may not arrive until early next year.

In the meantime, advocates are pressing lawmakers like Sen. Lamar Alexander, the Republican chairman of the Senate education committee who helped craft ESSA, with the argument that the anti-busing provision limits the flexibility and local control the law was meant to provide districts.

Margaret Atkinson, a spokeswoman for the senator, would not say whether he is open to removing the provision, but said he would continue working to ensure ESSA “is implemented as Congress intended.”

The anti-busing language — found in two sections of the current appropriation bills — prohibits using federal funds for transportation “to overcome racial imbalance” or “to carry out a plan of racial desegregation,” or forcing students to attend any school other than the one closest to home. (A separate education law contains a similar restriction, but ESSA exempted magnet schools from it.) The provisions emerged in the early 1970s, just after the Supreme Court ruled that busing students to schools outside their own racially isolated neighborhoods was an appropriate tool for school desegregation.

At the time, many white parents raged against what they called “forced busing.” In response, the U.S. House of Representatives passed at least one law annually from 1966 to 1977 meant to curb school integration, according to historian Jason Sokol, and in 1974 the full Congress voted in favor of an anti-busing amendment to an education bill. The restrictions in the current spending bills appear to have originated around the same time.

The attacks on busing reflect how crucial free transportation is to school desegregation, said Erica Frankenberg, a professor at Pennsylvania State University who studies segregation. Busing was included in guidelines outlining how districts should comply with desegregation requirements in the 1964 Civil Rights Act, and later upheld by the Supreme Court, she pointed out.

More recently, studies have shown that non-white parents are more likely to opt into magnet schools when they provide transportation, and that magnets that don’t offer busing are more likely to enroll students of a single race, Frankenberg said. Yet, many politicians remain reluctant to endorse busing for desegregation — which may reflect a deeper ambivalence, she added.

Resistance to busing, she said, “is a very politically acceptable way to be opposed to integration.”