By Richard Locker - The Commercial Appeal -

NASHVILLE – Gov. Bill Haslam and state education officials today notified Memphis and Shelby County schools officials that state law requires them to submit a plan, by Feb. 15, showing that teachers’ rights will not be impaired or diminished in a merger of school systems.

Before a merger can go into effect, the state education commissioner must review the plan and “make a determination that the rights and privileges afforded to teachers” by existing state law “are not impaired, interrupted or diminished by organizational changes like the one proposed by the referendum,” the state’s letter to the directors of the two school districts this morning says.

The governor said in a mid-morning news conference that today’s action is not an interference with the March 8 referendum in Memphis on whether to transfer administration of the Memphis City Schools to the Shelby County Board of Education.

Instead, he said, it is the state’s legal responsibility under existing state law to ensure that rights are protected and that children receive a quality education. There are no plans for a state takeover of MCS, he said.

Haslam told The Commercial Appeal editorial board this morning he would not be opposed to an agreement for each system to continue status quo operations for another school year while a planning commission of some sort created a more intricate transition plan.

"I wouldn't say we would be opposed to that," Haslam said. "We just think there has to be a plan in place before the systems actually consolidate. So if the agreement was that we'll let both systems continue operating until the merger plan is agreed upon and goes into effect, I don't think from the state's standpoint we would have an issue with that."

In his letter to SCS Director John Aitken and MCS Director Kriner Cash, Acting Education Commissioner Patrick Smith also requested a separate “more comprehensive plan outlining other important issues that must be addressed to ensure this transition will be accomplished without negative consequences.”

The plan on how teachers’ rights are affected must be submitted by the Shelby County Schools by Feb. 15 – the day before early voting in the Memphis-only referendum starts. Smith asked that the more comprehensive transition plan to be developed by both school districts by March 1.

Smith said the state Department of Education will assist in any merger that occurs.

Said Haslam: “I think we have that very specific legal responsibility but we think we also have a moral responsibility that we do everything we can to make certain that every day of education for each child is the best it can be and we don’t think a consolidation going forward without that kind of thoughtful plan in place is in the best interest of the children of Shelby County and Memphis City Schools.

“I think we have four guiding principles: this is primarily a local issue; there is some state law which impacts that we’re responsible for; we have to think about what’s in the best interests of the students and the fourth thing is there is some real progress happening in Shelby County and Memphis that we don’t want to see stopped.”

Smith said that ultimately, state law gives the education commission broad authority to withhold state education funding to local school districts that don't comply with state rules and statutes -- and presumably if Shelby County Schools don't submit the required plan to protect teachers' statutory rights.

"There's broad authority for the commissioner of education to withhold state funds in any district any time there is noncompliance with a rule or a state statute. There's not specific authority to somehow interject the department in the midst of this referendum issue," said Smith. "But we hope that both systems will submit a plan to allow us to review things and make sure the plans are in the best interest of the students -- and if there are issues that arise as part of that process, then we will think about what steps we might take next."

Haslam said the state has legal, moral and "commonsense" responsibilities in the developing situation.

"I think it's very, very important that we acknowledge a couple of things. First of all, we have a legal responsibility on this issue. Second that we also have a moral responsibility; there is great progress being made in Memphis City Schools and in Shelby County Schools and we don't want to see that interrupted.

"Beyond that, I think we have a commonsense responsibility: it makes sense, if you're talking the largest school system in the state to be going out of business, that there be a plan for how that's going to happen -- everything from school bus contracts to how lunch will get served the next day. When you have over 100,000 children who are depending on that system, I think its incumbent on all of us to make certain we have a plan in place," the governor said.

"All along we've been monitoring this situation. We have had three or four guiding principles: Number one, let local issues be local issues. Number two, we do want to follow the law and our job is to make certain the law is followed. Number three, what at the end of the day is in the best interests of school children in Shelby County and Memphis City schools. And number four, to continue the progress that is happening in Memphis. I want to be very specific about that."

Haslam reiterated his belief that it is not up to the state to interfere in the referendum process but that the state legislature -- which begins reviewing school merger legislation Wednesday -- may have different views.

"I don't think it's our place to decide who votes or when the vote happens. Right now the vote is scheduled for March 8; the court has said that would happen. As far as we're concerned, that will happen. Obviously other people can determine that. Those are local issues that should be decided by them.

"The legislature has a role. They get to decide what laws they make. We think that a process has been set in place and it's not our role to jump into that," he said.