Memphis-Shelby County district sues Tennessee over state takeover

The suit says the state's takeover of the school system violates the equal protection clause of the constitution.

Key Highlights

  • The lawsuit argues that the state takeover legislation violates the Fourteenth Amendment's Equal Protection Clause.
  • The oversight board will have significant control over district finances, contracts, and employment decisions.
  • Legislation enacted by Tennessee's legislature in April stripped control from the locally elected school board.

The Memphis-Shelby County (Tennessee) school district and the Shelby County Government have sued the state of Tennessee over the state's takeover of the district.

The Commercial Appeal reports that the federal lawsuit argues that the legislation that authorized the takeover violates both the United States and Tennessee constitutions' equal protection clauses.

The school district and county government are asking for a preliminary injunction to halt any decisions the oversight board put in place by the state might make. The state-appointed board begins its term in July. An initial meeting already took place in Nashville to select board leaders.

Attorneys for the district assert that the school takeover legislation violates the Fourteenth Amendment's Equal Protection Clause because it "disparately impacts minority schoolchildren."

The appointed board has authority over the majority of the functions of the elected board. The appointed board can veto the district's budget, has control over any contracts over $50,000 and can fire employees for not following the will of the board.

The state takeover of the school system was approved by the Tennessee House and Senate on April 22. The legislation effectively strips much of the power from the locally elected school board.

About the Author

Mike Kennedy

Senior Editor

Mike Kennedy has been writing about education for American School & University since 1999. He also has reported on schools and other topics for The Chicago Tribune, The Kansas City Star, The Kansas City Times and City News Bureau of Chicago. He is a graduate of Michigan State University.

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