A federal judge on Thursday dissolved an order blocking Tennessee’s state takeover of Memphis-Shelby County Schools (MSCS), clearing the way for an appointed oversight board to assume control of major district decisions after more than three months of legal delays.
U.S. District Judge Waverly Crenshaw lifted the temporary restriction he issued in late June, following an earlier directive for the nine-member Educational Oversight Board to confirm it was “ready, willing, and able” to perform its duties under Tennessee’s Public School Accountability Act.
Board Chairman Billy Orgel and the eight other members submitted a sworn statement confirming their readiness after holding their first public meeting last week.
During that meeting, the board approved policies and procedures, adopted a committee structure, received a presentation from the firm hired to audit the district, and approved a job description for an executive director.
The takeover law was signed by Governor Bill Lee in May after legislation sponsored by State Rep. Mark White (R-Memphis) and State Senator Brent Taylor (R-Memphis) passed the Tennessee General Assembly.
Lee appointed five of the board’s nine members, with Lieutenant Governor Randy McNally (R-Oak Ridge) and House Speaker Cameron Sexton (R-Crossville) responsible for appointing the remaining four.
Under the law, the oversight board can override major district decisions, including approving budgets, reviewing contracts, appointing a superintendent, and directing curriculum and other operational matters. The board also has authority over school closures and personnel decisions, while the elected MSCS board would remain in an advisory role.
The state takeover follows years of concerns about district operations and academic performance, including findings from a Tennessee Comptroller’s Office 667-page forensic audit released in July.
The audit identified $54.2 million in expenditures consistent with evidence of potential fraud, waste, or abuse, including more than $48 million paid to janitorial company ServiceMaster Clean. Investigators also identified $65.1 million in transactions involving potential violations of district policies and procedures.
Despite Thursday’s ruling, litigation challenging the takeover remains ongoing.
Shelby County government has also filed a separate lawsuit in Tennessee Chancery Court challenging the law. A judge recused herself from that case Wednesday, leaving the assignment of a new judge unresolved.
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Kaitlin Housler is a reporter at The Tennessee Star and The Star News Network.
Photo “Judge’s Gavel” by wp paarz CC BY-SA 2.0.
