As Tennessee’s two largest school districts fought an order to share student information with charter schools, the state education commissioner set a deadline last week.
Candice McQueen told the superintendents of Shelby County Schools and Metropolitan Nashville Public Schools they had to provide the data to charter schools that asked for it by Sept. 25 — or the state would “be forced to consider actions to enforce the law.”
But with just three days until the deadline, neither district has said it will budge. The consequences “will be determined Monday,” McQueen told Chalkbeat on Friday.
McQueen has not offered more information about what those consequences could be, though some lawmakers have worried it could mean funding cuts. There is some precedent for such a move: The Nashville district lost $3.4 million in state funding in 2012 when it refused to approve a controversial charter school, according to The Tennessean.
The clash comes after the Nashville and Memphis districts refused to turn over student contact information to charter networks, who argue that information is vital to their operation. Many Memphis schools, including those in the state-run school district, have been struggling with under-enrollment.
An amendment to an untested U.S. Department of Education rule suggests local districts can withhold information like phone numbers, addresses and email addresses — but a new state law requires Tennessee districts to hand it over to charter schools within 30 days.
The state department of education asked the attorney general’s office to weigh in. Last week, the attorney general said the districts had to turn the information over, but also that districts could take a “reasonable period of time” to notify parents about their right to opt out.
Shelby County Schools posted opt-out forms for parents on its website the next day, and gave parents until Oct. 22 to fill them out. The form allows parents to keep their information from charter schools specifically or from outside entities more broadly, including companies like yearbook providers, for example.
The school boards for the two districts have been in lockstep in defying the state’s order, with the Memphis board even offering to write a legal opinion if Nashville were to go to court over the issue.
Shelby County Schools Superintendent Dorsey Hopson said his legal team is still reviewing the attorney general’s opinion.
“We still want to make sure parents know what their options are,” Hopson told Chalkbeat on Tuesday. “When we [McQueen and I] talked, she understood that our opt-out forms were out there.”
Anna Shepherd, board chair for the Nashville district, said the board met with its attorney this week to discuss the issue but took no action.
“We have not had any further conversation with the state concerning the release of data for MNPS students,” Shepherd said by email. “I’m not anticipating any action [before Monday].”
Reporter Caroline Bauman contributed to this report.