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A politically appointed oversight board can now take control of Memphis-Shelby County Schools after more than three months of legal delays.
On Thursday, Judge Waverly Crenshaw dissolved the temporary block he placed on the state takeover in late June, clearing the way for the appointed board to start leading major district decisions and operations. The ruling came only days after state board Chair Billy Orgel said in a federal court filing that the body was ready to resume its work, after meeting for the first time in months last week.
With the temporary block removed, the oversight board will now have the power to override and direct most major decisions, including adopting the annual budget and closing schools. Its members can also appoint a new superintendent and overhaul teaching and curriculum decisions.
The oversight board fast-tracked approval of key policies and procedures in its meeting last Thursday. But the meeting kicked off with a tense argument over whether it was legal and ethical for the board to adopt materials created by outside consulting firm MGT during the summer pause.
Orgel said local philanthropists, including pro-takeover group Seeding Success, paid for the consulting work, which he argued made it legal. Oversight board members did not agree on when or where to hold their next meeting. The group has met only virtually or in Nashville so far.
The district’s lawsuit challenging the state takeover is still ongoing, despite the Thursday order. Both Memphis and state leaders will need to present evidence to back their claims as the case proceeds.
At an earlier federal hearing on Oct. 2, Crenshaw said that he never meant for the oversight board’s summer pause to be long term. He also said that MSCS didn’t present sufficient evidence that the state takeover would harm students.
MSCS leaders submitted an amended complaint Tuesday arguing the state is “singling out” the district’s predominantly Black student body because of race. The takeover will divert crucial money from school resources to pay for oversight board salaries, the district contends in the filing, and will remove the community’s ability to hold board leadership accountable.
The district also filed a separate lawsuit against the takeover in local chancery court, making similar arguments of unconstitutionality. That case also remains pending.
Tennessee Republicans have long said they want to use Houston’s state takeover as a model for MSCS. As soon as the takeover began there, Texas leaders appointed a new Houston superintendent who quickly created a new curriculum and forced teachers to reapply for their positions.
This is a developing story and will be updated.
Bri Hatch covers Memphis-Shelby County Schools for Chalkbeat Tennessee. Reach Bri at bhatch@chalkbeat.org.