001Welcome to the board of education's February 5th, 2026 called meeting. [snorts] Please stand for a moment of silence and the pledge of allegiance led by Miss Morgan. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you, Miss Morgan. So, do we have a motion and a second to a approve this agenda? >> Motion by Mr. Triplet, a second by Mr. Wright. All in favor say I. >> Any opposed? Motion carries. All right, Mr. Wright, I think we have one public forum speaker. Is that correct? >> We do have one public forum speaker. Uh, please state your name and county resident. Three minutes. Lance McColl. >> I'm Lance McCold, Knox County. Um, members of the board,
002uh, thank you for letting me speak to you tonight. Um, I'm here before you to ask you to fulfill the promise you made when you swore your oath of office. For the bian the benefit of the audience, I'd like to read your oath. It reads, "I do solemnly swear or affirm that I will support, obey, and defend the Constitution of the United States, the Constitution of the State of Tennessee, the Charter of Knox County, Tennessee, and that I will faithfully discharge the duties of my office to the best of my ability." Now today you have a choice to make. Will you support, obey, and defend the Constitution of the United States, or will you duck your responsibility? While the resolution sounds neutral, approving it would be an act of cowardice. The resolution would pass the
003buck to the commissioner of education. While this body refuses to support, obey, and defend the Constitution. The law and our traditions are clear. The government should stay out of religion, picking no side, supporting no side, taking no no position. The people bringing this Wilbur Force Academy are radicals trying to upend our way of life and overturn the Constitution. Please fulfill your promise, the promise of your oath, support, obey, and defend the Constitution. Thank you. That concludes public forum. >> Miss Cotney. Oh, >> read that. >> Consideration of a resolution to request the Tennessee Commissioner of Education decide the waiver request of Wilberforce Academy of Knoxville to operate a religious public charter school. >> All right. So, we have a motion to postpone and a second. Any discussion on that? All right. So, we will take
004a vote. >> Do a roll call vote. Miss Cody, >> point point of order. I do have a question. >> Yes. >> Um, what does that mean? >> Well, it would mean we wouldn't be voting on it today. Mr. Mr. Duper, would you like to to speak to that? >> I don't know. It's not my motion. I mean, it sounds like uh board doesn't want to vote on it today and may never vote on it. So, that's what it sounds like to me. >> All right. So, Miss Cotney, do you do a roll call? >> Dr. Butler? >> Miss Templeton? >> Yes. Miss Font Ridley? >> Yes. >> Miss Bike? >> Yes. >> Miss Morgan? Miss Henderson, >> I'd like to recuse myself. >> Mr. Triplet, >> Mr. Wright, >> no. >> Miss Christie, >>
005no. >> That is three yes votes, two pass votes, two recuse, and two no votes. And would Dr. Butler, would you like to change your pass vote? Yes. >> Miss Morgan, would you like to change your pass vote? >> No. I I would like to change my pass vote to a no. >> To a no. >> Thank you. >> Okay. So, that is four yes votes, three no votes, and two recuses. >> All right. So, the motion fails. All right. So, Mr. Mr. Dupler, would you like to to speak to this and why we're here? >> Sure, Madam Chair. Thank you. So, this was a resolution that is a very narrow legal point and this is not something that happens with a board public meeting very often. As the board members know that normally we
006talk about active litigation which this is active litigation in an executive session. Uh but uh because of the nature of this um this resolution uh this is being brought before the board uh to decide if you want to vote this up or down. Uh and it's it's uh simply uh and again it's a very narrow point of law. Um I'm not going to be able to discuss all of the aspects of this uh active lawsuit, but uh this resolution and and I hope you all have had a chance to review it. This resolution deals with the fact that in that lawsuit uh the plaintiff is claiming that uh somebody uh maybe the board, we disagree with that or the Tennessee Commissioner of Education could grant the plaintiff a waiver of part of Tennessee law. So
007that's what's being requested here is for this board to not decide if you want to grant a waiver or not, but to ask the Tennessee Commissioner of Education, Lindsett Reynolds, whether or not she wants to grant a waiver in this case. That's what's being asked. It's not a political, you know, ask. It's not a constitutional ask. It is a narrow legal ask that is available under uh Tennessee law. That's it. Thank you. >> All right. Thank you, Mr. Dupler. So, currently we do not have a motion on the floor for this item. Just a reminder to board members. >> Motion. >> Okay. So, we have a motion by Mr. Wright. Do we have a second >> to approve for discussion, right, for what's on the agenda? >> Yeah, I thought that's what mine was for
008to open the floor, but >> Well, you made a motion to postpone and we voted on that >> and it failed. So, there's no motion now. Well, now there is because we have a motion by Mr. Wright and a second by Miss Morgan. Was it a motion to approve? >> What was the vote? >> You have to have five to >> I didn't know what the final was. >> Yes, ma'am. The final vote was four yes votes, three no votes, and two recused. >> So, it failed. So, now we have a motion to approve the resolution and a second. Do we want any discussion on that, Miss Pike? >> Um, I just want to confirm that this this organization has not put in an application to us. Is that correct? >> So, uh, that is
009correct. Uh, as of Monday, the electronic application was due. As of yesterday, the hard copy application was due. Neither was turned in. >> Can someone put in an application without the waiver? Even in this instance, >> I don't I don't say that again. I don't understand. >> So, in an instance where they would need a waiver, can they put in an application before the waiver is even asked for? >> Yes. Yes. So that's the concerning part for me is that an application wasn't even put in. And I think that's my biggest issue with this whole thing is that we haven't gotten to see I'm not sure why we're working on behalf of an organization that can't even complete an application so that we can look at them and and examine them to see if this
010is an organization we want to work on behalf of. It feels like asking passing the question off on granting a waiver or asking for a waiver. We're doing work for an organization that can't even submit an application. I think that's where some of my issues lie and where I'm like confused on all of this. >> So, so in response, what I would say is legally uh the board's not doing any type of work on behalf of the organization. uh the organization, the plainif has sued the board and said that the that the organization filing an application is futile. Uh and that the board would deny it anyways. Uh but you know ask and has also said that you know a waiver may be granted. So, you're not with this resolution, my office is not asking
011the board to approve or deny any type of waiver. It is simply asking the state to weigh in on a state law as to whether or not they want to wave it. That's it. Uh, in this lawsuit that we're talking about, the state isn't even a named party. So, shouldn't the state weigh in on their state law? >> It seems like us just being here and having these called meetings is us working on behalf of them. But just my personal opinion, >> Miss Fonta Ridley, [snorts] >> I'm just curious if we send it to the state board of education and they say yes, they get a waiver, will it come back to us for a vote on whether to let them in Knox County? So, that's a good question. Um, it could come back eventually,
012yes. Um, but but this board would not be voting on whether or [clears throat] not a waiver is valid. That would be up to the state, >> but we would have another opportunity to revisit this >> to revisit the whether they we grant them the >> if the state were to grant a waiver is your question, right? >> Right. >> So, if the state were to grant a waiver, then could it come back eventually? Yes, it could come back eventually perhaps next year or the year after. You see what I'm saying? can't come back this year because as Miss Miss Bike pointed out the application window has passed at this point. >> Okay. >> Yeah. >> Just to clarify, Gary, but we would be when it came back to the board, it would be on
013the merits of an application itself, right? Like we would be assuming that happened and they filed an application. And it would be the same process any other charter school that would be filing an application and it would be based on the merits of that charter application. Correct. >> That's that's exactly right Madam Chair. Yes. Yes. I mean you know so and again this is all assuming that the state were to grant the waiver. That's that's correct. >> Thank you Miss Templeton. Yes. [snorts] What is the process of attaining a waiver? Who puts in that request? So in this case, uh, the board would would formally put in the request to for the commissioner of education to either grant or deny >> and and then it' be up to the commissioner. But I mean, as far
014as the um the inner workings, if the board passes it, the board would then give it to the the director of schools, Dr. Risewick, uh, and then and then he would send it to the commissioner of education. Does Wilberforce Academy have the ability to request the waiver on their own? They can well so they can request a waiver from this board. Of course, the problem with that is uh the state board of education has already said that there are certain waiverss that that a board can't grant such as civil rights, which is applicable in this case. Uh and then what the what the state board has said is that uh the local education board or here LEA here can then ask for the commissioner of insurance. Have they asked has Wolver Academy asked Knox County
015Schools to put in a waiver request? >> They have alleged in their lawsuit that um that if the board were to submit a waiver to the state uh that that could possibly be granted. >> Okay. So, we're doing presumptive work by an organization that is essentially bullying us with a lawsuit to think ahead of what they might need to make their pathway easier. I don't want to I don't want to paraphrase or anything like that. >> Like is there a threat of you making the lawsuit bigger somehow? >> No, we don't do this. Have they requested it at all? >> No, no, no. No, it's not a threat. I just I just wanted to uh I I wanted to look at the exact language in the um in the complaint. Um and I don't want
016to again I don't want to paraphrase or misquote It talks about okay says here paragraph 22 of the amended complaint. Um, in particular, this is their words, not mine. Again, in particular, the Tennessee Commissioner of Education or relevant county school board can wave, and again, we dispute county school board, uh, can wave any state board rule or statue that inhibits or hinders the proposed public charter school's ability to meet the school's goals or comply with the school's mission statement. So um they're raising that question and again we are on behalf of the board and defending the board trying to look at okay uh we want to make sure that that the board is taking all proper steps under state law. So that's that's the reason for the ask. I can appreciate um doing what is
017correct under the law. That is what we are here to do. Um certainly my concern is creating an avenue that hasn't even there isn't even an application to even talk about. They haven't even done the first step. They've started with a lawsuit and that then makes me question if what they are doing is legal why would you not automatically go through the proper process why start with a lawsuit so for that reason I can't support pandering to this kind of workound. >> Reverend Butler. [snorts] >> Thank you, Madam Chair. Uh I struggle with the why as well. Why? Why the resolution? And it's from my initial understanding was and still is that this board does not have the authority to grant a waiver and uh we don't even really have authority to deal with application.
018So um why are we having a resolution when the state is already there to do that? So uh whatever process uh that the organization has to go through who who have not made an application they would go through that that would be their responsibility and not ours. We we're making a resolution about something that we not only is not our responsibility but we don't have any authority to do it. So, um, that's why I think the resolution is is not something that I would want to vote for because it's not something that And then the other thing is is that are we setting the presidents? Who's next in line is file a lawsuit to get what they want like that. I just think that that's not the way we respond. If if we if we
019had a responsibility for it and if we had a if we had authority to do it then I say yeah let's let's do that but it's not a responsibility of ours and certainly we have a it seems that we have the authority to to request a waiver but it's not our responsibility [snorts] to do so and we hadn't done anything wrong so why should we have to do take this action >> I would if I may madam chair >> uh Reverend Butler, I appreciate your comments and I appreciate Miss Templeton's comments. Um, I would say that u and I respect your your words and opinion. Um, I would say that I agree this board has not done anything wrong. Uh, I would say that uh um we're working to dismiss the case as far as
020the board goes and u and again if somebody wants to challenge state law, take it up with the state. State's not a party. So that's another reason why we're asking for the resolution. So but that's it. >> So Mr. Dupler, just to clarify, is I I think we're all a little confused as to why Knox County Schools is being sued to begin with and perhaps the law department is as well. Um when we obviously have not denied anything as a board. I mean, we can't do that outside of public meeting. We would have had a meeting and a vote to have denied something. Personally, I have no problem um considering, you know, a charter based on its application and the merits. So it is it I know you said the hope is that it will
021be dismissed but was maybe the thought or the intent um because you know because we do not create state law clearly I mean we we do follow it we we do not create it. So, was the intent or the thought that this would put the entity that has created this barrier into focus for the lawsuit? And does that make sense? >> No. Yes. Correct. Absolutely. >> Thank you, >> Miss Morgan. Thank you, Madam Chair. Mr. Dupler, does this resolution help our defense against the lawsuit? We believe it does. I mean, we we we believe that it gives us another argument to say that that that this board and the Knox uh county schools have done what they can to uh to follow the law. I mean, as it's written. Um, obviously there's sounds like there's
022there's there's disagreement from all sides as to what the law should say, but as it's written. Yes. >> Okay. Thank you, Mr. Dupler. I I know while the facts I talked with Teresa Nixon, I know she explained the process to me and we're all familiar with that that there wasn't an application submitted. And so, you know, Miss Miss Bike and and Miss Templeton and Miss Mont Ridley and Reverend Butler are all correct in in that and I agree with that. I also and I I maintain we're not the right people to be suing on this since it's not our law. Um, we do have to defend the lawsuit and I don't like being sued. I'd like to be defended to the best of our ability. I'm not an attorney. So, since this is the recommendation
023from our law department, I also don't have a problem supporting what is most helpful in our pursuit of a defense in the suit. >> Miss Templeton. >> Yeah. Mr. Mr. Dupler, do you think it falls within our um I guess jurisdiction is the word that comes to mind to help pave the way for um charter school applications to be accepted because that's what they're asking us to do to help to help make it possible for them to become a charter school as opposed to them doing it on their own. I I mean that's not the way our department sees it. Our department sees it as, you know, strictly just defending the lawsuit and and as has been discussed uh handing it over to a state uh that has a state attorney general that's questioning the
024constitution constitutionality of a law. All right. Is there any other discussion? Miss Cody and Mr. Wright's motion was to approve the resolution with a second by Miss Morgan. Dr. Butler, >> yes. >> Miss Templeton, >> Miss Fonta Ridley, >> Miss Bike, no. >> Miss Morgan, >> yes. >> Miss Henderson, >> Mr. Triplet >> Mr. Wright >> yes >> Miss Christie >> yes >> Dr. Dr. Butler, would you like to change your pass vote? That is three yes votes, two recus, and three no votes. >> All right. So that motion fails as well. We so I guess we with that we will be adjourned.