Shelby County Commission approves up to $200,000 to pursue legal challenge to state school takeover law

The Shelby County Commission voted to appropriate up to $200,000 to engage counsel for potential litigation challenging a recently enacted state school "takeover" law that sponsors say would transfer control of Memphis Shelby County Schools to state appointees.

The resolution, introduced by sponsors including Commissioner Michael Lowery and Commissioner Matthew Shallai, authorizes use of fiscal year 2026 general fund balance to support "engaging counsel to support the legal action of Shelby County and the Memphis Shelby County School System against the state of Tennessee" and limits the appropriation to $200,000. "The law provides that these outsiders will take over every building, every personnel decision, and every contract of our school system," Mayor Lee Harris said during the meeting. "You get no say in the matter whatsoever."

Supporters argued the funding is needed to protect local accountability and due process. "Funding this litigation is not about resisting accountability. It is about demanding that accountability works and that it works for Shelby County and not against it," said Dr. Dena Vaughn, a resident and district graduate who spoke during public comment. Commissioners who supported the measure said the county must preserve local voice and ensure any statewide action withstands legal scrutiny.

Opponents questioned procedure and cost, urging more deliberation before spending public money. Commissioner Wright raised a procedural objection that the item lacked a routing sheet and normally would go through committee, and warned that the commission was "ignoring our past practice." Several commissioners also voiced concern about the trade-offs, asking what projects might be delayed to cover legal expenses.

County Attorney Megan Smith clarified the proposed mechanics for paying legal bills: "The expenditure being proposed here is from the tort fund," she said, explaining the county's practice of funding liability and defense costs from that source. Audrey Tipton, director of administration and finance, added that the money is currently in the general fund and would be transferred into the tort fund for legal expenses.

After limited additional debate and public comment, the Clerk reported the final vote as eight ayes and three nos and the motion passed. The resolution does not itself initiate litigation; it appropriates funds to retain counsel should the county proceed with a legal challenge.