On November 17, 2010, President Barack Obama appointed Sharp to a judgeship in the Middle District of Tennessee. The United States Senate scheduled a vote for Sharp's nomination on May 2, 2011. At that time, the Senate confirmed the judge by a vote of 89 to zero. Sharp received his commission the following day.
According to a Knoxnews.com editorial, "Federal judge dismisses charter school suit," Sharp rejected a lawsuit that was filed against the Metro Nashville Board of Education. In November 2012, the Metro School Board voted to close Smithson Craighead Middle School because the charter school lost enrollment and was ranked as one of the poorest academic performers in the state of Tennessee.
The AP article noted that after the Metro School Board casted their vote, the parents and the school sued the board of education. The parents and the school argued that the Metro School Board infringed their equal protection rights and due process.
According to the AP column, on Wednesday May 22, 2013, U.S. District Judge Sharp dismissed the parents' claim that they were obligated to send their children to mediocre schools. The judge also disagreed with the parents that their charter's rights had been violated. During Sharp's ruling, he acknowledged that the school's enrollment had dropped by twenty percent. He also pointed out that the school had deteriorated since the Metro School Board made their decision in November.
The AP editorial did not mention if the parents or the school would appeal Sharp's judgment. A lawyer who represents the school was unavailable for comment.
The AP article quoted Keli Oliver, a lawyer representing the Metro School Board's legal department, "We're very pleased with the judge's decision. We think that he issued a through and well-reasoned opinion and we're looking forward to just moving forward."
According to the AP column, Sharp explained that Smithson Craighead Middle School couldn't dispute that it's being treated unfairly since it's the only charter school in the bottom five percent in Nashville. The judge continued to say that the plaintiffs were not entitled to due process because none of the individuals had a property interest covered by due process. Sharp noted that the parents and school were notified that the Metro Board was going to advise shutting Smithson Craighead down. The judge also permitted the school's representative to talk in front of the Metro Board.
