Memphis City School Board Out of A Job

Posted on December 23, 2010 by

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There are no legal references pertaining to dissolving a public school system or its charter. Therefore, it appears as if the Memphis City School Board decided to relinquish their power under a Corporate Act. It’s likely that Boards of Education are State institutions and the powers of Boards of Education are limited to resignation of school board members and doesn’t include power to disband the charter.

A vote of Board of Directors to disband doesn’t equate to disbanding their corporate charter. It simply means Board of Directors stepped down. Once a motion to step down is passed, power is then shifted to the corporation’s membership. A Board of Directors vote to resign, given up power in every possible form, can’t return to reverse their action. The depose Board of Directors, by their own action, hasn’t any rights to salaries, fringe benefits, or access to corporate properties.

The Memphis City School Board members have no power by virtue of their resignation therefore; the powers reside with the citizens of Memphis. The citizens of Memphis could reject this forced election to decide the faith, surrender the charter idea, of their school system, and accept the Directors resignation then, elect new board members.

Tennessee Code

Title 49, Education; Chapter 2, Local Administration

49-2-404. Charter powers.

Cities and incorporated towns operating systems of public schools under provisions of their respective charters and levying an additional elementary school tax for operating expenses other than for grounds, buildings and equipment are empowered to continue the operation of the system of public schools under the provisions of their respective charters; provided, that no transfer of children between city and county schools shall be made except by agreement between the respective boards of education. [Acts 1925, ch. 115, § 15; Shan. Supp., § 1487a103; Code 1932, § 2394; T.C.A. (orig. ed.), § 49-306

49-2-203. Duties and powers.

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