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Memphis Schools Takeover Could Move Forward Soon

After uncertainty over whether the state takeover would move forward, the oversight board may soon begin exercising its authority.

Attorneys for the Memphis-Shelby County school board faced tough questioning during a federal hearing on Oct. 2 over the district’s lawsuit challenging Tennessee’s state takeover law. (Larry McCormack for Chalkbeat)

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A state oversight board appointed to take over Memphis schools may soon take charge of Tennessee鈥檚 largest school district.

U.S. District Court Judge Waverly Crenshaw said he is prepared to dissolve from taking control of Memphis-Shelby County Schools. Crenshaw made the comment during a court hearing Friday in which he closely questioned attorneys for the Memphis-Shelby County school board.

鈥淲henever the oversight board is ready to do business, I鈥檓 going to dissolve my order,鈥� Crenshaw said.

Crenshaw also sided with Tennessee attorneys on a motion to dismiss Gov. Bill Lee, Education Commissioner Lizette Reynolds, and legislative leaders as defendants in the pending lawsuit.

After a over whether and when the state takeover would move forward, Friday鈥檚 hearing suggested the oversight board could soon begin exercising its authority while leaving questions about how the takeover will proceed. The takeover was established under a new state law that and was scheduled to take effect July 1.

The school district and asked Crenshaw to temporarily block the oversight board ahead of the new school year. The district argued its elected school board and superintendent needed to maintain financial control over critical district purchases and contracts, including school maintenance.

When Crenshaw issued the temporary block on July 1, the oversight board was newly formed and had no formal infrastructure to review district purchases. In June, the newly named board was still grappling with where to hold meetings and whether members would be issued state email addresses.

Crenshaw on Friday suggested he didn鈥檛 intend for his summer order to be a long-term block of the takeover if the new board was able to begin its work.

He also appeared skeptical about portions of the elected school board鈥檚 argument, including its claim that the new state law giving appointees authority over Memphis schools violates students鈥� constitutional rights. Attorneys have argued the law unfairly targets Memphis by taking power away from its elected school board.

鈥淭hey don鈥檛 have a constitutional right to who manages the school,鈥� Crenshaw said.

State attorneys have asked Crenshaw to dismiss the lawsuit altogether, arguing it does not belong in federal court. Crenshaw gave the local school board another week to file amended arguments detailing specific harm the state takeover causes students.

Until Crenshaw clarifies his order or issues a new one, the elected school board will maintain control of the district. But if the pause is lifted, the oversight board could move quickly on major district decisions involving contracts, the overall budget, school closures, and even the superintendent鈥檚 contract.

Even if Crenshaw lifts the current pause, the district鈥檚 overall lawsuit challenging the state law could move forward.

Chalkbeat is a nonprofit news site covering educational change in public schools. This story was originally published by Chalkbeat. Sign up for their newsletters at .

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