A federal judge may soon let Tennessee take over Memphis-Shelby County Schools, the state's largest school district. The big question is harm. This year, lawmakers repealed a rule that let people sue to stop harms that might happen later, Yahoo News reports. Now attorneys must prove real harm is already being done. At an October 2 hearing, Judge Waverly Crenshaw pressed the plaintiffs on what harm the law had caused. "As of today, they have not been injured," he said of the students, Yahoo News reports. He also said he doubted the district's claim that the takeover violates students' rights, Chalkbeat reports.
Crenshaw did point to one group he said is clearly losing power. That is the local Shelby County school board. It is losing control to run its schools directly, Yahoo News reports. Attorney Jennie Silk argued the law treats Shelby County students unfairly, Yahoo News reports. "Every other student in the state is governed by a board that they or their parents elected," Silk said.
On October 5, Crenshaw filed an order about next steps. It tells the chair of the state-appointed oversight board to notify the court, under oath, once the board is "ready, willing, and able" to begin its work, Chalkbeat reports. Chalkbeat says this step could let the board take control within days.
The nine-member board was set to start a four-year term on July 1, Chalkbeat reports. Lawmakers passed the law this spring. Crenshaw blocked the takeover the day before that start date. That was an early win for district and county officials who sued. Under the takeover, the board would control the district's yearly budget and staffing choices, Chalkbeat reports. Yahoo News reports it would also have power over charter school approvals and superintendent hires. The board includes a former district superintendent and a former statewide teacher of the year, Chalkbeat reports.
At the October 2 hearing, Crenshaw said, "Whenever the board is up and ready to do business, I'm going to dissolve my July 1 order," Yahoo News reports. He also dismissed Gov. Bill Lee and other state leaders as defendants, both sources report.
More court steps are set. Plaintiff attorneys have until October 12 to file a new complaint. The state has until October 19 to respond, Yahoo News reports. Chalkbeat reports both sides are expected to file more documents this month as Crenshaw weighs whether to dismiss the lawsuit. No date has been set for a preliminary injunction hearing, Yahoo News reports. Board Chair Billy Orgel did not respond to a request for comment on whether he would file a statement of readiness, Chalkbeat reports.