U.S. District Judge Waverly Crenshaw will hear arguments on Friday on whether to dissolve the order he filed on July 1 to block enforcement of Senate Bill (SB) 714 and dismiss the lawsuit filed by Shelby County. Governor Bill Lee signed the law earlier this year, and it would empower the state to take control of school districts that meet certain conditions.
The only school district that meets the threshold for state action is Memphis-Shelby County Schools (MSCS), but the Obama-appointed district judge blocked its enforcement with his emergency status quo order issued in July. Crenshaw issued the order in response to the request for an injunction by the plaintiffs, who are still seeking an injunction that would formally block the law while the lawsuit continues.
Original plaintiffs included the Shelby County Government, Shelby County Board of Commissioners, MSCS, the MSCS Board of Education, and the elected school board members.
Tennessee officials have asked Crenshaw to dissolve his July order, and separately requested the judge dismiss the lawsuit, arguing a federal judge does not have the authority to determine whether Tennessee officials followed the state Constitution, and that the plaintiffs have failed to identify a federal constitutional violation in their arguments before the court.
Crenshaw said in his Monday order that the Friday hearing would “primarily focus” on Tennessee officials’ motion to dismiss, as well as their motion to dissolve his July order.
With the status quo preserved since July, the MSCS board voted on Tuesday to name Tamarques Porter (District 4), who said he planned to run as a Democrat during the board’s first partisan elections, but notably broke with the MSCS board majority during the vote to fire a popular district superintendent last year.
If the judge dissolves his July decision, or dismisses the lawsuit, under the law, elected MSCS board members would become subordinate to a state Education Oversight Board, which would have authority over budgets, contracts, charter school decisions, and personnel, and could act on behalf of the MSCS board under certain conditions.
Five members of the Education Oversight Board would be appointed by the governor, while two more would be appointed by the Speaker of the Tennessee House, and a final two would be appointed by Tennessee’s lieutenant governor.
Before Crenshaw entered his July order, Lee named Tyrone Burroughs, Dorsey Hopson, Shanea McKinney, Nisha Powers, and Beverly Robertson to serve on the board.
Lt. Governor Randy McNally named former MSCS board chairman Billy Orgel and former Memphis City Council member Dedrick Brittenum Jr., while State House Speaker Cameron Sexton (R-Crossville) named Tennessee SCORE president David Mansouri, and former Tennessee Teacher of the Year Karen Vogelslang.
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Tom Pappert is a 2025 recipient of the Dao Prize and the lead reporter for The Tennessee Star. He also reports for the Star News Network. Follow Tom on X. Email tips to [email protected].
