Montgomery schools seek restraining order against Gunn, Reeves and Ed Board to stop consolidation

A rural school district comprised of fewer than 300 students is taking on top legislative leaders and asking a federal judge to prevent its scheduled merger next year with a neighboring school system.

On Dec. 8, counsel for the Montgomery County School District filed a motion in the U.S. District Court for a temporary restraining order against House Speaker Philip Gunn, Lt. Gov. Tate Reeves and several education officials, including State Superintendent Carey Wright and the state Board of Education.

Also named in the motion is the Winona Municipal Separate School Board, which the filing states without intervention will “select a superintendent in the next few weeks.”   

In 2016, the Legislature voted to consolidate the Montgomery County and Winona school districts into the Winona-Montgomery Consolidated School District, effective July 1, 2018. The Winona Municipal Separate School District has about 1,150 students.

Plaintiffs charge that the current Winona School Board is illegally acting as the board for the soon-to-be consolidated school district.     

Their argument rests in the statute passed by the Legislature that outlines the timetable for the merger.

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The Winona-Montgomery Consolidated School Board began conducting official board meetings in September, according to the brief. Plaintiffs are charging that the consolidated board shouldn’t meet until July 1 when the consolidation takes place.

A spokesperson for the state Department of Education pointed out however, that the law gives the authority to the current Winona School Board, to act as the school board for the consolidated school district through the end of 2018.

Mike Kent with the MDE is helping to facilitate the merger.

Lane Greenlee, attorney for the Winona School Board, told the Clarion Ledger that Kent advised that the consolidated board could hold meetings ahead of the consolidation's effective date.

He pointed out that there are housekeeping measures, such as new hires and the renewal of teacher contracts, that must take place well in advance of July 1.

"The state department was making a good faith effort to do what the Legislature wanted us to," Greenlee said of the directive. 

The filing also takes issue with the consolidated board’s composition.

Starting July 1, according to the brief,  three board members from the existing Winona School Board will be allotted seats on the consolidated school board.

Securing representation for Montgomery residents outside of the city limits of Winona will take longer. An election for those two seats won’t take place until Nov. 6, 2018, and the two elected members wouldn’t take office until the following January.

“In other words, (the) Winona Municipal Separate School District will govern the consolidated district from July 1, 2018, until Jan. 1, 2019,” the brief states.  

Plaintiffs are asking the court to prevent any action from going forward until a final judgment is issued.

In the last five years, lawmakers have merged 17 school districts, according to an Associated Press analysis.