Memphis schools takeover could begin once state takeover board is ready, judge says

A courtroom sits empty, with deep brown walls and an American flag standing behind the judge’s bench.
U.S. District Court Judge Waverly Crenshaw expressed skepticism Friday about MSCS’ argument that the state takeover violates students’ constitutional rights. (Getty Images)

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A federal judge appears poised to allow the state takeover of Memphis schools to move forward as soon as the oversight board says it’s ready to seize control of Tennessee’s largest school district.

U.S. District Court Judge Waverly Crenshaw filed an order Monday indicating that he will soon remove a temporary block on the state-appointed board after months of delay. That came days after the first hearing on Memphis-Shelby County Schools’ lawsuit against the state takeover, where Crenshaw said he never intended the block to be long term.

Crenshaw ordered the oversight board chair to notify the court under oath once the board is “ready, willing, and able” to begin its work, a step that could allow the politically appointed board to assume control of the district within days.

Oversight board Chair Billy Orgel did not respond to Chalkbeat’s request for comment on whether or when he would file a statement of readiness with the federal court. Chalkbeat also reached out to the Tennessee Attorney General’s office, who is representing the oversight board, for comment.

The state board was set to start its four-year term on July 1. But Crenshaw issued a temporary block on the takeover the day before, in an early win for MSCS and Shelby County officials challenging the law passed this spring authorizing the takeover.

District officials argued then that the new governance structure had no processes in place to handle major financial decisions like maintenance contracts that could significantly affect school operations ahead of the new school year. Early meetings in June revealed the board did not have established state emails or even a set location to hold its meetings.

It’s unclear whether the board has been working behind the scenes this fall to establish those processes, given Crenshaw’s earlier order.

Under the state takeover, the new state board — which includes a former MSCS superintendent and statewide teacher of the year — would seize control over the district’s annual budget and staffing decisions.

During Friday’s hearing, Crenshaw expressed skepticism about MSCS’ argument that the state takeover violates students’ constitutional rights and partially ruled in favor of the state by dismissing Gov. Bill Lee and other state leaders as defendants in the lawsuit.

Both sides are expected to file further court documents this month as Crenshaw considers dismissing the lawsuit altogether.

The members of the state oversight board, appointed by Tennessee Republican leaders this spring, are:

Bri Hatch covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Bri at bhatch@chalkbeat.org.

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