The fight over who runs Memphis-Shelby County Schools (MSCS) expanded into another courtroom Thursday, while the state-appointed oversight board appears closer than ever to exercising its authority.¶
MSCS has filed a new lawsuit in Shelby County Chancery Court asking a state judge to halt the intervention. This comes just days after U.S. District Judge Waverly D. Crenshaw said that the federal court order that has held up the intervention since July may not last much longer.¶
Crenshaw has told board Chairman Billy Orgel to notify the court under oath once the board can carry out its duties. The elected MSCS board will stay in control until the order changes.¶
What Led to This
Legislation was approved this spring that created state oversight for districts that meet at least four of six criteria, including academics, finances, and leadership. When Gov. Bill Lee signed the legislation into law, it allowed for the creation of a nine-member oversight board with the authority to make district decisions. It also requires the district to complete a comprehensive needs assessment, develop a transformation plan, and report its progress to state leaders each year.¶
District leaders immediately opposed the intervention, and the Shelby County Commission approved $200,000 to support a legal challenge. The advocacy group Together 4 Students also organized more than 8,000 letters urging MSCS to drop its legal challenge and work with the oversight board instead.¶
Critics argued the law removes authority from locally elected officials, but supporters countered that stronger oversight was needed after years of academic concerns, superintendent turnover, and questions about district management.¶
Accountability concerns increased when an audit by the Tennessee Comptroller’s Office documented millions of dollars in financial mismanagement. Tennessee Comptroller Jason Mumpower said the findings went beyond isolated mistakes and showed large-scale governance failures.¶
Federal Protection Weakens
MSCS’s new Chancery Court filing adds a new wrinkle to the court fight. The district’s original lawsuit argues the intervention is unconstitutional, while state attorneys have argued the challenge does not belong in federal court.¶
Crenshaw said during a hearing on Oct. 2 that the current pause was never meant to keep the oversight board from doing its work.¶
“Whenever the oversight board is ready to do business, I’m going to dissolve my order,” Crenshaw said, according to a Chalkbeat article.¶
What Lies Ahead
Whatever happens next, both sides will ultimately face the same question: whether their efforts will produce better results for Memphis students. MSCS recently selected new board leadership with that challenge looming, electing Tamarques Porter as chair and Sable Otey as vice chair during its Sept. 24 meeting. Porter said literacy rates and TCAP results are areas he wants the board to focus on.¶
“At the end of the day, it's about what's best for our students, and I promise to keep that the main thing,” Otey said during the meeting.¶
