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MSCS general counsel: Superintendent’s proposed job cuts must be approved by school board

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On June 10, Memphis-Shelby County Schools superintendent Marie Feagins sent out an email to all district staff detailing a proposal to cut 1,100 positions, 41% of which were vacant.

The decision to cut those jobs, however, must be approved by the MSCS board according to the district’s general counsel, Justin Bailey.

“The board will make that determination, as to what final positions are eliminated,” he said during a work session Tuesday.

Why the district has sent out notices

The discussion came less than 24 hours after MSCS sent out emails to employees notifying them that their positions could be eliminated, which caused frustration and confusion. Even before this, some staffers had been informed their jobs could be cut. But on June 11, the board passed a resolution pausing any additional layoffs until they got more details about the proposed cuts; and many district staffers were under the impression more notices about job cuts wouldn’t go out until the resolution was rescinded.

MSCS, however, was required to provide advance notice about potential job cuts to affected employees and the state, due to the Worker Adjustment and Retraining Notification Act. So, it continued to send out the notices. Bailey noted this requirement amid the resolution’s passage on June 11, and he reiterated it during the work session on Tuesday.

But he also made it clear that the letters sent to employees about job cuts were not official letters of termination. They were notices informing staffers that their jobs would be eliminated if Feagins’ proposal was accepted by board members.

“Termination notice will come from the board,” Bailey said, “After the board votes on the final dismissals.”

Board members have strongly criticized Feagins for the lack of communication they initially received about the proposed cuts and the way she has implemented the plan, which is in part why they passed the resolution. But they have also expressed support for the proposed changes, said they could be necessary, and maintained that they stand by Feagins.

The board is expected to vote on the proposed job cuts, as well as its fiscal year 2025 proposed budget, this month. The fiscal year ends June 30, which is the same day employees affected by job cuts would have their last day of work ― if the board approves Feagins’ restructuring proposal.

Why cut jobs?

The purpose of the proposed cuts is to move personnel and resources away from the central office and closer to the classroom.

Feagins has maintained that the job cuts are necessary and cited the slew of challenges MSCS is facing.

In the 2022-23 academic year, 78% of the district’s students weren’t scoring proficiently on the English Language Arts section of the Tennessee Comprehensive Assessment Program tests. Another 83% weren’t scoring proficiently on the math section. The dropout rate was nearly 15%, the truancy rate was 41%.

More: MSCS has a plan to help 7,800 more kids participate in sports, clubs, tutoring. Here’s how

School district news: MSCS third, fourth grade TCAP reading scores increase. What it means for students

There are also more than 1,000 school-based vacancies that need to be filled, and the hope has been to move people whose jobs could be eliminated into many of these roles. A lot of them have received and accepted offers for other positions

During a budget community engagement meeting on June 13, Feagins noted that the district had made 423 offers and received 171 acceptances and that the more than 200 other impacted staffers would have the opportunity to apply for vacant positions within the district.

John Klyce covers education and children’s issues for The Commercial Appeal. You can reach him at John.klyce@commercialappeal.com.

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