The Educational Oversight Board appointed to take control over Memphis-Shelby County Schools (MSCS) told U.S. District Judge Waverly Crenshaw on Wednesday that its chairman will testify that the board is “ready, willing, and able” to begin its duties under the Public School Accountability Act, Tennessee’s new law that allows the state to appoint an oversight board to take over school districts under specific conditions.
U.S. District Judge Waverly Crenshaw, who was appointed by former President Barack Obama, previously issued an order on July 1 that instructed Tennessee to maintain the status quo from prior to the passage of the law, but during a hearing earlier this month reportedly said he never intended his order to prevent the board from meeting, and signaled that he would dissolve the order as soon as the board confirmed it was ready to meet.
The judge confirmed the details from the hearing in an October 5 order that instructed the board to file a statement signifying when it “is ready, willing, and able to perform its duties.”
According to the sworn statement, submitted by Oversight Board Chairman Billy Orgel and signed by the eight other board members, “the Board is ready, willing, and able to perform its duties,” and held its first public meeting last Thursday.
Orgel reported that during the meeting, the board received a presentation from the firm hired to audit the school district, approved a job description for an Executive Director, and adopted rules and procedures, as well as a committee structure, in order to begin governing the school district.
An audit of MSCS previously released by the Tennessee Comptroller of the Treasury in July identified more than $100 million in suspicious spending, including $48 million paid to a single janitorial company.
While Crenshaw rejected many of the claims the Shelby County government advanced in its lawsuit, the plaintiffs asked the court on Monday for permission to file an amended complaint.
If the judge dissolves his order, the oversight board will have ultimate authority to approve or reject the district’s budget, hire or fire district superintendents, accept or deny contracts, and implement auditor recommendations.
To establish an oversight board, at least 50 percent of students in a Tennessee school district must be below grade-level expectations in math and English on the Tennessee Comprehensive Assessment Program (TCAP).
At least 30 percent of schools in the district must also receive a D or F letter grade under the Tennessee Department of Education scoring system, experience chronic absenteeism in 25 percent of its students, and have at least one school that the state has given priority status for the last five years.
The county commission, or other local government body for the county where the district is located, must also vote to express its lack of confidence.
With Crenshaw set to dissolve his order last week, the Shelby County government filed a new lawsuit in Tennessee Chancery Court on October 7. The chancellor assigned to the case has recused herself, citing a potential conflict, and it remains unclear when a new judge will be assigned.
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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].
