A state law that could shorten the terms of sitting school board members and trigger a full election for the Shelby County Board of Education is facing pushback in Shelby County, where commissioners have stalled the process over legal and constitutional concerns.
The law, House Bill 1383, would place all nine school board seats on the ballot in the next election cycle. But before it can take effect, the Shelby County Commission must pass a similarly worded ordinance — a step that was delayed during the commission’s meeting Monday, July 28.
“Should we pass this resolution today, a majority of the Shelby County school board members would have their terms abridged,” said Commissioner Henri Brooks. “I do not see how this passes constitutional muster.”
Commissioners voted 10-1 to send the ordinance back to the Education Committee after a motion from Commissioner Mickell Lowery. The delay came amid mounting concerns that the legislation could violate Article 9, Section 11 of the Tennessee Constitution, which prohibits “special, local, or private acts that would remove, change the term of office, or alter the salary of a municipal or county official.”
State law also requires local approval for both the removal of existing board members and the scheduling of a new election. For that to happen, commissioners would need either to place a referendum on the 2026 ballot or pass a resolution — both of which require nine votes. The referendum is considered the preferred option.
The added scrutiny marks a sharp shift from less than a week earlier. On July 23, a commission committee gave the measure a favorable reading, passing it 5-1-1, with Brooks casting the only “no” vote.
“I raised this concern last week,” Brooks said. “You all heard me. To date, no one has provided any defense of the constitutionality of the resolution under this section.”
Voting to send the measure back for further committee review were Commissioners Miska Clay Bibbs, Charlie Caswell Jr., Erika Sugarmon, David Bradford, Britney Thornton, Brandon Morrison, Shante Avant, Chairman Michael Whaley, Lowery and Brooks. Commissioner Edmund Ford Jr. voted no.
State Rep. G.A. Hardaway has requested an expedited opinion from Tennessee Attorney General Jonathan Skrmetti, seeking clarity on the law’s impact on upcoming election cycles. That opinion is expected before the next committee meeting, scheduled for Wednesday, Aug. 6.
“Thank you for requesting it to be expedited,” Whaley said. “The goal of the referral is to get those questions answered so we know exactly what we are voting on and whether we are in alignment not only with Tennessee law but with the Constitution.”
One notable moment during Monday’s meeting was when even critics of the bill agreed with the broader concept of term limits for school board members. Several other local elected bodies, including the Shelby County Commission and Memphis City Council, are already subject to term limits.
“I think we all want to know why that would be any different for this particular elected body,” said Natalie McKinney, a current school board member.
On April 22, state senators substituted House Bill 1383 for the Senate version after adopting an amendment that removed a provision stating the bill would not vacate or abridge the current terms of board members. The bill passed 27-8 in the Republican-controlled Senate.
Proponents of the law argue that term limits and realigning school board elections with general election cycles could increase voter turnout and encourage fresh leadership. But critics say the legislation reflects state overreach and could set a dangerous precedent for undermining local control.
“We need to get ourselves behind something and make sure we don’t end up on the wrong side of history by setting a precedent that will be used against every elected body in Shelby County after this one,” warned Shelby County Democratic Party Chair Willie Simon.
The commission is expected to revisit the measure after receiving an opinion from the Tennessee attorney general. Meanwhile, calls for alternatives to forced elections are gaining traction. Party leaders and community advocates are urging reforms that preserve voter intent while strengthening transparency and accountability in school board governance.
