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Article by Olivia Lupia, Tennessee Conservative News –
After Shelby County Democrat leaders filed suit against several Tennessee officials including Gov. Bill Lee over legislation creating state oversight of Memphis-Shelby County Schools earlier in the summer, a federal judge has dismissed many of the claims. But the school board has filed another suit, claiming violations of the state constitution.
The legislation creates a nine-member one board to oversee the locally elected school board, with members appointed by Republican state leaders. Under the law, the oversight board must approve staffing decisions and every contract or purchase over $50,000.
One day after the new board was convened by Gov. Lee, several Shelby County entities including the County Government, the Board of Education, and County Commission filed a federal suit seeking an injunction to stop the new board from asserting any authority and reinstating the original system.
They argued the oversight board would strip the local school board from any meaningful authority to govern without control over the district’s budget, contracts, or staffing decisions.
A month later, U.S. District Judge Waverly Crenshaw Jr. granted the temporary restraining order while the case proceeded, ordering a return to the status quo before the new law took effect.
Then at an Oct. 2 status conference, Crenshaw partly granted the motion to dismiss by the defendants, dismissing claims against Gov. Lee, House Speaker Cameron Sexton, Lt. Gov. Randy McNally, and Education Commissioner Lizzette Reynolds. The claims were dismissed with prejudice, meaning they cannot be refiled, though the remaining claims were kept for later review.
Crenshaw also said he would not yet dissolve his restraining order, though he indicated it would be lifted once the oversight board makes clear it is “ready to do business.” This signaled a significant opening for the new board, bringing the law one step closer to implementation.
Plaintiffs had until Oct. 12 to request permission to amend their suit, and defendants have until Oct. 16 to respond. If the defendants do respond, plaintiffs will then have until Oct. 21 to reply.
Following that decision, the Memphis Shelby County School Board filed a new suit last week in Chancery Court, claiming the bill specifically targets Memphis and Shelby County in violation of the state constitution. It argues the “democratically elected government” will be displaced by the appointed board’s authority to approve or veto district decisions.
This new suit comes after the appointed board finally met for the first time last week, acting upon Crenshaw’s opportunity to prove it is ready to assume authority. The judge has continued to express skepticism about the school board’s argument that the state takeover violates students’ constitutional rights, and both sides are expected to file the appropriate documents this month as Crenshaw weighs further dismissals.
Sources:
WREG.
About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
