Tennessee’s intervention in Memphis-Shelby County Schools (MSCS) may finally be ready to begin after months of courtroom delays.¶
The state board created to oversee MSCS says it now has enough structure in place to take control of the district. State Oversight Board Chair Billy Orgel told a federal judge Tuesday that the nine-member board is “ready, willing, and able to perform its duties under the Act.” The filing came after the board spent its Oct. 8 meeting approving rules and procedures designed to show it could operate the state’s largest school district.¶
The declaration is the latest development in the months-long court fight over who will control MSCS. The oversight board was originally expected to begin exercising its authority July 1 before Crenshaw temporarily blocked it while the elected school board challenged the takeover law.¶
Board Builds Structure to Take Control
At its Oct. 8 meeting, the oversight board approved rules for how it will operate, created committees, appointed a point person to communicate with the elected MSCS board, and adopted a process for reviewing district contracts and spending. Members also approved a job description for an executive director and opened applications for legal counsel.¶
Those decisions matter because the oversight board will have broad authority if the court allows the intervention to begin. State law gives the board approval power over MSCS contracts worth more than $50,000, the district budget, and charter school applications.¶
The intervention follows an audit that found millions of dollars in financial and contracting problems, including concerns about procurement, project management, and internal controls.¶
Not every board member agreed with how quickly some of the work was moving. Consulting company MGT helped prepare research, bylaws, and contract procedures while the intervention was paused. Orgel said local philanthropy paid for that work, but board member Dedrick Brittenum questioned whether the board should accept it without a more formal process and raised concerns about a possible future $1 million agreement with the company.¶
The Legal Fight Is Not Over
The board’s declaration does not end the legal challenges. MSCS and Shelby County recently filed another lawsuit in Shelby County Chancery Court challenging the intervention under the Tennessee Constitution.¶
The district has also amended its federal lawsuit, arguing that the law unfairly targets Memphis students and takes power away from locally elected leaders. The fight is happening while MSCS faces several other problems. The district has lost more than 2,000 students this school year, while nearly one in five educators resigned in 2024.¶
The elected school board also recently chose Tamarques Porter as chair and Sable Otey as vice chair. Porter has said literacy and TCAP results should remain a district focus.¶
Supporters of the intervention have pointed to academic performance, leadership changes and financial problems as reasons for stronger state oversight. MSCS and other opponents argue the law weakens local control. Those arguments have already been raised during a federal hearing over whether the oversight board should be allowed to begin work.¶
Orgel’s declaration now puts the next decision back in the hands of U.S. District Judge Waverly D. Crenshaw Jr. He previously said during a hearing on Oct. 2 that the intervention could move forward once the board declared itself ready, but exactly when he could lift the temporary order is unknown, and both the state and federal lawsuits remain unresolved. Until that happens, the elected MSCS board remains in control of the district.¶
“Whenever the oversight board is ready to do business, I’m going to dissolve my order,” Crenshaw said.¶
