Deadline for arguments determining fate of municipal schools - FOX13 News, WHBQ FOX 13

Deadline for arguments determining fate of municipal schools

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MEMPHIS, Tenn. (FOX13) -

Friday was the deadline on filing arguments imposed by the federal judge hearing the municipal schools case. These arguments may decide if there will be municipal schools for the 2014 school year.

Judge Samuel "Hardy" Mays, Jr., will be examining arguments implying the laws that allow municipal schools are or are not constitutional.

In November 2012 Judge Mays ruled municipal schools could not be formed for the 2013 school year. He said the laws created to allow that were unconstitutional.

MORE: Judge Mays rules against municipal schools

But, now he'll be looking at the laws that allow the separate schools post Shelby County-Memphis City Schools merger.

Mays was very specific in his orders. He said to make new arguments.

But, the main question remains the same: Can municipal schools law apply to other parts of the state?

The Shelby County Commission argues that it does not because there are no potential municipal districts that meet the criteria of an allowable school district in the State of Tennessee. Namely, that no area has enough students to meet the 1,500 student requirement.

But the suburbs say the 1,500 student requirement should not be taken into account, saying it's not mentioned in the laws the judge is asking them to defend. They also note that the commissioner of education can waive the 1,500 student requirement.

So the suburbs are arguing that the judge does not have to consider a state law requiring that a school district have at least 1,500 students when considering the laws that allow municipal schools.

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