Statutory Options for School District Mergers: Report Addressing House Resolution 30, 2011
March 2012
Author: Linda Wesson
The General Assembly passed House Resolution 30 in 2011, requesting the Comptroller of the Treasury and the Department of Education to conduct a study on the present statutes relative to the abolition, transfer of administration, consolidation, or merger of public school districts in Tennessee. In reviewing the Public Acts related to school district consolidations, two paths emerge: elimination of special school districts, with the resulting transfer of students to the local county district, and consolidation of all districts within a county into a unified county school district, using a planning commission. Most of the issues discussed in this report highlight the inconsistencies and conflicts resulting from these two separate paths for school district governance changes, including: transition planning, requirements for districts consolidating under the countywide planning commission procedures, the role of counties in public education and in changes in school district governance, requirements for protection of teachers’ rights and other school employees’ rights, the role of the Department of Education, provisions for “maintenance of effort” local funding for new districts, and transfer of school buildings and property. This report also addresses potential issues raised by the new provision included in Public Acts 2011, Chapter 1, allowing counties meeting certain criteria to establish new municipal or special districts.