Federal judge signals end to block on Memphis-Shelby County Schools board

U.S. District Judge Waverly Crenshaw filed an order on October 5 signaling he will soon remove a temporary block on a state-appointed oversight board for Memphis-Shelby County Schools. The move is contingent on the board declaring itself ready to perform its duties.

Judge Crenshaw stated, "Whenever the oversight board is ready to do business, I’m going to dissolve my order." That order was issued on July 1, just one day before the new nine-member board was scheduled to begin its four-year term. The judge indicated he does not intend the block to be permanent if the board can begin its work.

Oversight board must declare readiness under oath to resume control

Before the judge dissolves the injunction, the oversight board chair must file a sworn statement confirming the board is "ready, willing, and able" to assume control. The board was created by a new Tennessee law and appointed by state Republican leaders this spring.

Until Judge Crenshaw issues a new order, the locally elected Memphis-Shelby County school board retains authority over the district. District officials argued the new state board had no processes in place to handle major financial decisions like maintenance contracts. They said the elected board and superintendent need to maintain control over critical purchases.

Local school board lawsuit remains pending

The temporary block was issued after the school district sued in June, claiming the state takeover invalidated voters' choice of local elected officials. During an October 2 hearing, Crenshaw expressed skepticism about the district's argument that the takeover violates students' constitutional rights. They don’t have a constitutional right to who manages the school, he said.

Crenshaw partially ruled in favor of the state by dismissing Governor Bill Lee, Education Commissioner Lizette Reynolds, and legislative leaders as defendants in the pending lawsuit. State attorneys have asked the judge to dismiss the lawsuit altogether, arguing it does not belong in federal court. The judge gave the local school board one week to file amended arguments detailing specific harm to students.

Board composition and uncertain timeline

The state-appointed oversight board is composed of nine members, most with ties to Shelby County. Chair Billy Orgel is a local developer and former Memphis-Shelby County school board member. He did not respond to an inquiry about when or if he will file the required statement of readiness, leaving the timeline uncertain.

If the pause is lifted, the oversight board could act quickly on contracts, the overall budget, school closures, and the superintendent’s contract. Early meetings in June revealed the board did not have established state emails or a set meeting location. It is unclear whether the board has been working behind the scenes this fall to establish those processes.

The oversight board chair must file a sworn statement declaring the board 'ready, willing, and able' to perform its duties, after which the judge will dissolve the temporary block.