State law could prohibit Nashville school board from asking voters for property tax hike

Tennessee state law could put a halt to any Nashville school board action this year to ask voters to raise property taxes to provide more money for education.

Although the Metro Charter allows for the school board to place a referendum before voters 30 days ahead of the August election, elections administrator Jeff Roberts emailed district employees Friday evening saying state law prohibits the maneuver. 

Under state law, the election commission cannot put to voters a question less than 60 days before an election. Metro Nashville Public Schools employees have asked the Metro Legal department for a final determination before talks of a vote are brought up at the board's Tuesday night meeting.

"The window outlined in the statute would not permit the referendum to be included on the August 1 ballot," Roberts said in the email.

The state law would seemingly neuter the board's power to take matters into its own hands when it feels the city is underfunding the district.

The talks by the board during a retreat last week were a final effort to generate funds for schools, although it came with numerous questions — including whether it was feasible.

Board member Amy Frogge said the state chronically underfunds schools, which structurally hampers the city's funding.

"We will continue to struggle until city leaders and the mayor decide that schools are more important than developers and until we have a mayor that is willing to go to bat for us at the state. I hope this is just the beginning of a much larger conversation." 

This year's budget from Metro government is $48.5 million less than the school board's ask. The school board requested a $76.7 million budget increase to largely fund 10% salary raises for teachers and other school employees.

The mayor and council approved a $28.2 million increase to the district's operating funds next year. The budget is a result of the council voting down an effort last week to raise property tax rates to fund priorities such as schools.

The proposal by council budget and finance chair Tanaka Vercher last week to raise property taxes by 15.8% failed by one vote.

The hope from many school board members is to invoke a provision in the city's charter that allows it to ask voters to raise the property tax rate to generate more funding for schools, bypassing the city council and mayor.

The board is expected to hold discussions Tuesday whether to introduce a motion.

During the board retreat Friday, school board members began discussing whether they could invoke a Metro Charter provision that allows them, through a two-thirds majority, to declare the funds allocated to the district next year are "insufficient and inadequate" to meet the needs of Nashville public education. 

The vote would allow the board, through another two-thirds vote, to place a referendum on the Aug. 1 ballot, according to the charter.

The hope from several board members is to ask for a 16-cent increase to the city's property taxes — raising the $48.5 million in additional funds it requested.

For an owner of a home appraised at the value of $250,000, they would then pay about $100 more per year in property taxes if a 5.1% increase is approved. 

The idea from the board comes after teacher protests over wages. Teachers regularly held "sickouts" and marches.

The $28.2 million allocated by Metro for next school year would raise the school district's operating budget to $914.4 million. 

The district is proposing to fund 3% raises for teachers.

The proposal also funds obligations such as money sent to charter schools, and, after cutting several contracts and cost savings, the district also would have about $1.7 million for textbooks and $462,000 for social and emotional learning services for students.

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Reach Jason Gonzales at jagonzales@tennessean.com and on Twitter @ByJasonGonzales.