Memphis Schools State Takeover Lawsuit Heads to Court

A federal judge has scheduled oral arguments for October 2 to decide who controls Memphis-Shelby County Schools. The hearing will determine if a state-appointed oversight board can begin its work or if the locally elected school board keeps power while a lawsuit proceeds.

Nine oversight board members, appointed by top Tennessee Republicans in June, were set to take over on July 1. The district's leaders secured a temporary pause by filing a lawsuit on June 30. They argue the takeover is unconstitutional because it strips elected local board members of their powers, nullifying voters' choices. The October hearing will not settle the full lawsuit, which may take months.

If the court allows the state board to take control, it would have final say over the district's annual budget and charter school approvals. It could also replace the superintendent. Tennessee proponents of the takeover often point to Houston's 2023 state intervention as a model.

Why the state wants control

Tennessee Republicans have sought control of MSCS for nearly two years. They cite a long history of academic underperformance and district mismanagement. Republican state Rep. Mark White and Sen. Brent Taylor passed a takeover law this spring after failing in 2025. The law triggers a state-appointed board if a district meets at least four of six criteria.

MSCS is the only district so far to meet the required threshold. It meets criteria including having less than half of students pass English and math standardized tests and more than a quarter chronically absent. Some local advocacy groups, like Memphis Lift and Together4Students, support the takeover and want the lawsuit ended. Parents in these groups say change is needed but cannot always name specific issues.

Opposition to the takeover

Opponents argue that Tennessee's last major state intervention, the Achievement School District, failed to improve student achievement. Others say the district needs more investment and stable leadership. A state-ordered forensic audit this year showed high leadership turnover degraded internal policies. The district has had four superintendents in five years.

During a Chalkbeat virtual panel in August, local experts said MSCS must better allocate resources, requiring more school closures amid falling enrollment. Current school board members say the takeover infringes on voter rights. The lawsuit calls it unconstitutional and a violation of the 14th Amendment. In April, a Memphis school board member called the law "racist," noting it would let white Tennessee Republicans appoint a board to seize control from a mostly Black, locally elected board.

The appointed oversight board

Before the pause, Tennessee Republicans chose nine members for the oversight board. Many have ties to charter schools, related organizations, or MSCS itself.

Potential impacts of a takeover

The state law gives the oversight board broad power over staff contracts and school closures. The intervention could last up to six years if MSCS continues to meet four criteria.

More school closures are likely, according to experts and examples in Houston and Fort Worth. Houston's board closed 12 schools this summer. Fort Worth's closed 14 two weeks after its takeover. MSCS has already closed five schools and Superintendent Roderick Richmond vowed to close up to 10 more in two years.

Houston's takeover brought major curriculum and workforce changes. The appointed superintendent, Mike Miles, forced all teachers to reapply for their jobs, causing a mass exodus at targeted schools. Those schools adopted a new curriculum some teachers called too restrictive. In 2025, Miles began paying teachers based on performance, not experience. He offered $10,000 bonuses for teachers at the lowest-performing schools.

It is unclear what actions a Memphis takeover board would take. Houston's timeline offers insights into early decisions it could make.