Atlanta —
On Wednesday a Fulton County Superior Court judge denied DeKalb County School Board members an injunction similar to the one Sumter County School Board members obtained in November 2012. Like the Sumter County School Board, the governing Board of the DeKalb County school district was challenging the law that gives the State Board of Education authority to recommend its suspension. A hearing is scheduled for today in which the State Board may make a recommendation for the governor to remove the DeKalb Board.
According to reports Tuesday, a lawyer for the DeKalb Board said papers were filed in court challenging the constitutionality of the state law and calling for today’s meeting to be placed on hold until that is ruled upon. Also, like the Sumter Board, the DeKalb Board is comprised of nine members and the system has been placed on accreditation probation by the Southern Association of Colleges and Schools (SACS).
In November 2012, a week before the Sumter County Board of Education was supposed to appear at a hearing regarding whether the State Board should recommend that the members be suspended, Attorney E. Bryan Watkins, representing Sumter County Board of Education members Kelvin Pless, Michael Lewis, Willa Fitzpatrick, Alice Green, Carolyn Whitehead and the Board’s chair, Edith Green filed a civil lawsuit in Superior Court of Fulton County against the Georgia State Board and Gov. Nathan Deal. That case still remains unresolved and the public has yet to be notified of when a hearing will be held.
A Fulton County judge ruled that today’s meeting will proceed as scheduled because the county board failed to give the state board five days’ notice ahead of its challenge.
Even if the State Board recommends the DeKalb Board’s removal, the court could grant a temporary restraining order to prevent the governor from taking action. A hearing is scheduled for next week to determine whether to put the whole process on hold while constitutionality of the state law is still being challenged.
Information from wsbtv.com was used in this story.
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