Federal judge blocks Memphis Shelby County Schools state takeover

A federal judge issued a temporary block preventing the state-appointed oversight board from taking control of Memphis-Shelby County Schools on July 1. U.S. District Court Judge Waverly Crenshaw made the ruling, which preserves the authority of the locally elected school board for now.

Local board retains authority for now

Until Judge Crenshaw clarifies or issues a new order, the elected school board maintains control of the district’s operations and financial decisions. The district had argued its elected leadership needed to maintain financial control over critical purchases and contracts, including school maintenance. At the time of the July 1 order, the oversight board was newly formed and lacked formal infrastructure to review district purchases.

Judge sets conditions for lifting the block

The judge said he will dissolve his blocking order whenever the oversight board is ready to do business. Judge Crenshaw gave the local school board one week to file amended arguments detailing specific harm the state takeover causes students. During a court hearing on Friday, Judge Crenshaw questioned attorneys for the Memphis-Shelby County school board closely. He expressed skepticism about the elected school board’s claim that the state law violates students’ constitutional rights.

"They don’t have a constitutional right to who manages the school," Waverly Crenshaw said.

Background on the state takeover law and board

The oversight board is a nine-person politically appointed body created under a new state law. Before the takeover was temporarily blocked, top Tennessee Republicans chose the nine members to sit on Memphis’ oversight board. The law lays out six criteria that would trigger the state to set up a state-appointed board of managers within a local school district. MSCS is the only district so far to meet the required takeover threshold of at least four criteria.

The criteria include:

What’s at stake if the takeover proceeds

If the pause is lifted, the oversight board could act quickly on major district decisions. If the court allows the state-appointed board to take control, it would have final say over MSCS’ annual budget and charter approvals. The board’s members could also replace the district’s superintendent. More schools would likely be shut down under a state takeover, according to intervention experts and recent examples in Houston and Fort Worth. Houston’s takeover board voted to close 12 schools over the summer. Fort Worth decided to close 14 schools only two weeks after the state takeover became official.

Judge Crenshaw sided with Tennessee attorneys on a motion to dismiss Gov. Bill Lee, Education Commissioner Lizette Reynolds, and legislative leaders as defendants in the lawsuit. State attorneys have asked Judge Crenshaw to dismiss the lawsuit altogether, arguing it does not belong in federal court. The Memphis-Shelby County school district sued over the law in June and asked Judge Crenshaw to temporarily block the oversight board ahead of the new school year. Even if the current pause is lifted, the district’s lawsuit challenging the state law could continue.

"Whenever the oversight board is ready to do business, I’m going to dissolve my order," Waverly Crenshaw said.

The federal hearing on October 2 will determine whether the state-appointed oversight board can begin its work or if the local school board retains control during the lawsuit.