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A state oversight board appointed to take over Memphis schools may soon take charge of Tennessee’s largest school district.
U.S. District Court Judge Waverly Crenshaw said he is prepared to dissolve his order blocking the board from taking control of Memphis-Shelby County Schools. Crenshaw made the comment during a court hearing Friday in which he closely questioned attorneys for the Memphis-Shelby County school board.
“Whenever the oversight board is ready to do business, I’m going to dissolve my order,” Crenshaw said.
Crenshaw also sided with Tennessee attorneys on a motion to dismiss Gov. Bill Lee, Education Commissioner Lizette Reynolds, and legislative leaders as defendants in the pending lawsuit.
After a summer of uncertainty over whether and when the state takeover would move forward, Friday’s hearing suggested the oversight board could soon begin exercising its authority while leaving questions about how the takeover will proceed. The takeover was established under a new state law that created a nine-person politically appointed oversight board and was scheduled to take effect July 1.
The school district quickly sued over the law in June and asked Crenshaw to temporarily block the oversight board ahead of the new school year. The district argued its elected school board and superintendent needed to maintain financial control over critical district purchases and contracts, including school maintenance.
When Crenshaw issued the temporary block on July 1, the oversight board was newly formed and had no formal infrastructure to review district purchases. In June, the newly named board was still grappling with where to hold meetings and whether members would be issued state email addresses.
Crenshaw on Friday suggested he didn’t intend for his summer order to be a long-term block of the takeover if the new board was able to begin its work.
He also appeared skeptical about portions of the elected school board’s argument, including its claim that the new state law giving appointees authority over Memphis schools violates students’ constitutional rights. Attorneys have argued the law unfairly targets Memphis by taking power away from its elected school board.
“They don’t have a constitutional right to who manages the school,” Crenshaw said.
State attorneys have asked Crenshaw to dismiss the lawsuit altogether, arguing it does not belong in federal court. Crenshaw gave the local school board another week to file amended arguments detailing specific harm the state takeover causes students.
Until Crenshaw clarifies his order or issues a new one, the elected school board will maintain control of the district. But if the pause is lifted, the oversight board could move quickly on major district decisions involving contracts, the overall budget, school closures, and even the superintendent’s contract.
Even if Crenshaw lifts the current pause, the district’s overall lawsuit challenging the state law could move forward.
Melissa Brown is the bureau chief for Chalkbeat Tennessee. Contact Melissa at mbrown@chalkbeat.org.
