United States District Court, M.D. Tennessee, Nashville Division
W.B. and R.B. Plaintiffs,
WILSON COUNTY BOARD OF EDUCATION, STANLEY MOSS, and DONNA WRIGHT, Defendants.
Jeffery S. Frensley Magistrate Judge.
OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR
PRELIMINARY INJUNCTION 
J. MICHELSON DISTRICT JUDGE.
three years ago, W.B., who had then just finished the sixth
grade, was adjudicated delinquent for sexual assault. As a
result, Dr. Donna Wright (the Director of Schools for Wilson
County) decided that W.B. would not be able to attend a
Wilson County school during the 2014-15 school year. That
position later changed, with W.B. being offered the
alternative of participating in the Tennessee Virtual On-Line
School (TVOLS). R.B., W.B.'s father, instead elected
homeschooling for W.B for the 2014-15 school year. The
following year, R.B. inquired about W.B. attending a
brick-and-mortar school, but Wright decided that W.B. would
have to attend TVOLS. R.B. enrolled W.B. in TVOLS for the
2015-16 school year, but W.B. did not perform well. The next
year, Wright again decided that W.B. could not attend a
brick-and-mortar school in Wilson County. R.B., concerned
about W.B.'s lack of social interaction while attending
TVOLS, elected to move to a neighboring county. There, W.B.
attended a brick-and-mortar school during the 2016-17 school
year. But living in the neighboring county presents
challenges for R.B. and W.B. and they intend to move back to
Wilson County. It appears that before they do, R.B. and W.B.
want assurances that W.B. will be able to attend a
brick-and-mortar school. (See R. 1, PID 6.) For that
and other reasons, R.B. and W.B. have sued Wright, Stanley
Moss, and the Wilson County Board of Education.
awaiting decision is Plaintiffs' motion for a preliminary
injunction. (R. 8.) They ask this Court to enjoin Defendants
from assigning W.B. to TVOLS once he enrolls in Wilson County
schools. For the reasons that follow, the Court finds this
request to be premature. The Court will thus deny-without
February 2014, W.B. and his father, R.B., moved to Wilson
County, Tennessee from Texas. (See R. 9, PID 35.)
W.B. completed that school year, which was the sixth grade
for W.B., at a traditional public school in Wilson County.
That summer, however, W.B. was adjudicated delinquent in
Texas for aggravated sexual assault and given 24 months'
probation and ordered to attend sex-offender treatment. (R.
11, PID 49; R. 13, PID 79.)
2014, a Texas district attorney informed Dr. Donna Wright,
the Director of Schools for Wilson County, of W.B.'s
delinquency. As the Director of Schools, Wright was (and
still is) “the ultimate decision maker with respect to
the enrollment, assignment and placement of W.B. in the
Wilson County school system.” (R. 13, PID 80.) Wright,
perhaps with input from Stanley Moss, the Attendance Director
for the Wilson County School Board, decided that W.B. would
not be able to attend school in Wilson County. (See
R. 11, PID 51.)
father, R.B., then contacted Elizabeth Taylor, the General
Counsel for the State of Tennessee Department of Education.
Taylor in turn contacted Wright, informing Wright that under
Tennessee law, a meeting must be held to develop an
enrollment plan for a child adjudicated delinquent. (R. 11,
November 2014, a meeting took place with R.B., Taylor,
Wright, Moss, and others. (See R. 11, PID 60-61.) At
the meeting, the Wilson County personnel apparently took the
position that the only placement option for W.B. would be the
Tennessee Virtual On-Line School. (See R. 9, PID
to Wright, “TVOLS is a unique virtual online classroom
with an on-site computer lab and in-person teaching
assistance, which was developed by the School Board in 2006.
TVOLS is fully accredited and staffed by State certified and
licensed teachers, and is used by Wilson County students as
well as students from across the State of Tennessee.”
(R. 13, PID 80.)
it came after the meeting, a mental-health counselor who had
been seeing W.B. wrote a letter to the Wilson County School
Board and Wright. (R. 11, PID 62.) The letter stated that, in
the counselor's “clinical opinion, ” W.B. was
“at a very low risk for any similar behaviors related
to his adjudication.” (R. 11, PID 62.) Apparently, this
letter did not alter Wright's decision.
ultimately decided not to enroll W.B. in TVOLS for the
2014-15 school year. W.B. was instead ...