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DeKalb School Board Sues to Stop State Board Hearing

The lawsuit was filed on Tuesday in Fulton County Superior Court.


The DeKalb County Board of Education has filed for a temporary restraining order in advance of Thursday's hearing with the State Board of Education.

The suit was filed Tuesday in Fulton County Superior Court, according to the AJC.

As reported here on Patch, DeKalb's school board was scheduled to appear once again before the State Board of Education on Thursday at 8 am. DeKalb's board must convince state authorities that they are making progress in meeting requirements set forth by the Southern Association of Colleges & Schools, which has placed the school board under probation.

The State Board has the power to recommend removal of the entire school board to Gov. Nathan Deal.

DeKalb Board of Education Chairman Eugene Walker resigned from his leadership position on Monday.

According to the AJC posting, the lawsuit was filed by Decatur attorney Robert Wilson on behalf of the school board. It argues that the 2011 law violates the Georgia constitution because it authorizes removal of local elected officials without single individual findings of misconduct.

Stay with Patch as more details become available.

Let's Make Brookhaven Great February 20, 2013 at 06:31 PM
Which of the board members voted to file this lawsuit and which ones voted against it? It should not have been filed.
DunwoodyWorkingMan February 20, 2013 at 06:33 PM
Rob, save your good-byes for later. I don't think she is going anywhere. Rob still mad about redistricting or something else? I did not see you at the State of City last night Robby. You an Jimmie have a date at de vine wine bar?
HamBurger February 20, 2013 at 06:40 PM
Ms. Raven, so what did you think about Mr. Thurmond’s comment at his Oak Grove meeting today? Think he ruffled a few feathers? Cheerwine and a special hamburger?
DunwoodyWorkingMan February 20, 2013 at 06:52 PM
Road Scholar, Please show me here in type what Fran has done. No I am not near him 24/7. All I need to do is look at the legislation he proposes and what passes. Nothing else matters. Also, regarding your question on carrying concealed to a school board meeting - I forwarded your comment to Chief Grogan, the DeKalb Sheriff's office, and copied the GBI for good measure. I'm sure AOL/Patch has no issue sharing your IP address with the authorities, given recent events. We don't need another Gabrielle Giffords type event here.
Enuff Govt Already February 20, 2013 at 07:43 PM
I'm still undecided on this, while my gut says the BOE is suing to save its skin I'm a little unnerved by idea of allowing one elected official to overrule the vote of the citizens. If the governor does remove the board then I'd like to see the same measure used for all BOEs. That could really shake up public ed in Ga for the good and bad. Personally, I would rather see this BOE voted out or resign because of public pressure. The attention to them is the most I've ever seen and I do believe they are scrambling and posturing because of the pressure. Kudos to those who are staying on top of the BOE activity.
David Claude Warlick February 20, 2013 at 08:51 PM
Georgia Mom. The 19th century Georgia constitution for white men provides no protection for minors, women, or diversity. If the issue were adults voting on county officials to preside over 21st-century adult issues, then the adults would have the right to pick any officials they wanted. But this issue is about adults voting on county officials to preside over K-12 issues, with the students in the K-12 classes being disenfranchised minors. If either the state BoE or the case's judge has any compassion for our youth, the DeKalb BoE will be toast. The decision will be one of real equity, not smoke-screen constitutionality.
Rob February 20, 2013 at 08:51 PM
Which one of your 37 personailities here is undecided? Please be specific, male, female, gay, straight, etc?
GoAndie February 20, 2013 at 08:54 PM
I would like to see the same happen to all BOEs too! It's time for real improvements in Ga schools. The crap that teachers put up with in class and with the parents &!administration is pure BS. Poorly raised students, disrespectful students and parents, and lack of disciplinary actions followed through to keep problematic students from disrupting learning. There is a great rise of empathy from students who don't CARE about learning. They aren't afraid of receiving a zero, being suspended or written up, it just doesn't matter to them. How do you make students care when they don't and in many cases their parents don't care either!!
Enuff Govt Already February 20, 2013 at 08:57 PM
Rob, I normally don't get personal on the threads and I've read many of yours and jimmie's back and forth conversations but I post as EGA and only as EGA. Have a good day.
Georgia Mom February 20, 2013 at 09:06 PM
Mr. Warwick, I'm afraid your comment is lost on me. While protection verbiage may be lacking in the state consitiution, the BoE members were certainly elected by men, women and diverse registered voters - and maybe even some unregistered voters. After reading Mr McChesney's blogs, I have a better understanding about the possible (probable) unconstitutionality of the existing law. I just long for the good ole' days when there was pride in a job well done and shame in taking advantage of a situation. I still don't understand from which pot the BoE is grabbing the money for all these legal expenses. Is there a specific account that is basically a bottomless pit? I posted earlier about $10,000,000 in 2013 legal expenses. Unfathomable if accurate!
RandyRand February 20, 2013 at 09:32 PM
Apparently the School Board turned its injunction homework in late and received a big fat “F” from the judge today. Unfortunately, they hired with our tax money, legal counsel that did not advise them that the law requires that you MUST turn in an injunction request a minimum of five days before the scheduled proceeding. Maybe counsel did tell them it was too late and they went ahead regardless of cost or likely outcome. Either way it is another bad board decision resulting in a continued wasting of precious tax dollars which were for education not more board bumbling.
Eddie E. February 20, 2013 at 09:50 PM
CY, I wasn't playing the 'race card' except to point out the newly inflated chests here in the 'white bantustans' and the artificial assumption of having a greater interest in our children than 'those people' on the other side of OUR COUNTY do for THEIR CHILDREN. Let's see how shady pulls this one off. Just because a new, probably unConstitutional law ALLOWS him to pick school board members (even in counties that did not vote for him) I will feel better when both he and the newly selected 'board' shoulder all the burden for whatever ails the Dekalb County School System from this day forward.
Eddie E. February 20, 2013 at 10:00 PM
DWM, An athiest amen to that! By the way, what legislation has Senator millar actually shepherded to passage (other than the 'white bantustan' legislation)?
Eddie E. February 20, 2013 at 10:09 PM
Enuff, Now having shady remove all the boards would provide just the National publicity necessary. But it would show the rest of America how NOT to solve such a problem. Don't get me wrong, I have no attachment to the current board members, but what's new. I watched the effectiveness of the DCSBOE wane, wax and wane again until I timed out of being required to pay close attention earlier in this decade. Dekalb County certainly is not alone in having numerous problems in education operations and governance. Dekalb County is nowhere near the bottom in test scores, SAT scores or college admissions. So why are they in the crosshairs rather than the schools who ARE at the bottom? And what qualifies the governor (whoever it may be at a given time) to rout and replace any School Board? Let's make sure the 'cure' isn't worse than the disease.
Eddie E. February 20, 2013 at 10:11 PM
Mr. Burger, I am in total agreement. I just wish there was adequate heat being directed on those in authority who decided it was best to ignore the real problems.
DunwoodyWorkingMan February 20, 2013 at 10:35 PM
Nee Nee, based on fran's committee assignments he may be a good guy but not in any positions of leadership.
Max Lehmann February 20, 2013 at 11:06 PM
I guess you are trying to be coy, obviously your decision is to back a yet unannounced primary oppo to Sen. Millar. Fran has seniority on the Retirement Committee, and that affects many thousands of Georgians. Fran was hand picked by Gov. Deal to help select the new DeKalb County School Board. It's fine to politick for a candidate, but opportunistic to use the DeKalb School miasma to gain a toehold against an incumbent. Charlie Harper has a very clear view of the implications if Gov. Deal were to accept a recommendation to relieve the DeKalb Board of it's duties: http://www.peachpundit.com/2013/02/20/state-must-make-long-term-commitment-to-troubled-school-systems/
HamBurger February 20, 2013 at 11:31 PM
Mr. Max, Sen. Fran Millar may have spoken about issues with DCSS, but he has not been a leader when it comes to making any kinds of positive changes to the system. For that matter, the same can be said with regard to the dysfunctional DeKalb County government. However, he has made plenty of time to speak, lobby, and be a pitch man for new cities that dilute and divide the county to the point to where ultimately, the county and cities will be negatively affected at some point in the future. DWM expressed disappointment in Sen. Fran Millar’s involvement in more important issues than creating new cities. Maybe it is time that we sent him down the road and put someone in office that is capable of taking care of the citizens business instead of creating cities for a select few. Want a special hamburger with thin sliced onions, pickles, extra yellow mustard and a Cheerwine?
Rob February 20, 2013 at 11:48 PM
AHH, there is a new Max on the board?????? Nope, it`s the TROLL!!!!
DunwoodyWorkingMan February 21, 2013 at 01:21 AM
Max, the Peach Pundit article says a whole lot of nothing. Not sure why you linked to it. It basically states the governor is white and Republican, but he still needs to remove blacks from office. I am not campaigning against Fran. On the contrary I am trying jumpstart his engine so he actually does something to improve the situation.
Rob February 21, 2013 at 01:33 AM
See above...ROFLOL
DunwoodyWorkingMan February 21, 2013 at 01:55 AM
Max, Hand picked by the govna, you say? I am impressed. Let's see who Fran appoints to the board. God Save the King! If Fran fails to renominate Ms Jester and Pam Speaks he will have to answer to his constituants. If Fran is picking the board as you suggest Max I am sure that translates to Mary Oliver and Howard Mosby picking the board members.
Cheryl Miller February 21, 2013 at 05:20 AM
Alex, that's an insult to people with pulses. The PTA turned corrupt years ago. In fact, they might even be leading the change in the corrupt power structure to reverse itself from top/down to bottom/top.
Cheryl Miller February 21, 2013 at 05:25 AM
Same here. Can we REFUSE to pay the school portion of our taxes? What could happen if we did? Since they refuse to spend our money on education, we should be able to refuse to give it to them. Maybe I will send a note along with the next check and ask the state to just keep it in their own slush fund because I'm tired of paying into the local one and then having to watch these fat cats parade around town drunk on the public dime. What a disgrace.
Cheryl Miller February 21, 2013 at 05:33 AM
a lot of signatures in a very limited amount of time. Cobb county attempted one a few years ago after a board member put a cell tower contract on the evening's agenda just hours before it was to be voted on. That board member was almost recalled, but it was very difficult because the people were trying to stop the cell tower at the same time. The board member ended up not running for re-election and one of the parents who brought a lawsuit against him ended up being elected to replace the outgoing board member he had been fighting with over the issue. The board was supposed to pay the legal fees and were refusing to do so, which was making the new board member's scheduled start date a bit uncomfortable because he might be asked to vote on the approval of his own legal fees. He mentioned how awkward that would be. Heck, our board members do that all the time here! But, the worst part... Paul Womack knew all of this BEFORE he brought the cell towers here and still went through with it. He said the item went over well in Cobb because only one neighborhood was really outspoken against it and they didn't even have a child at the school. Anyway... we couldn't recall Womack because there is some limitation about how close to the next election you can be before they tell you that you can't have a recall and should just wait for the election.
Cheryl Miller February 21, 2013 at 05:44 AM
county commissioners have no authority or dealings with the school board. The schools report to the state. It's misleading that they are named by county, but actually have more power than those in the county government. They can even avoid building codes and zoning laws to the detriment of our communities if they can prove what they are doing is for education only an not for profit.
Cheryl Miller February 21, 2013 at 05:46 AM
He could be working on some way to save the scholarships for the kids who might lose them if their schools lose accreditation in December. Or some type of voucher program so we can actually get the per student average that taxpayers are intending for education and then use it on a private school where our kids will actually get an education.
Robbi McCaig February 21, 2013 at 08:09 PM
This garbage in the "educational system" has been going on in Dekalb for at least the last 20 years. When we were looking at homes in the area, our realtor directed us to Gwinnett because a close family member who taught in Dekalb said it was falling to the bottom fast. 'Looks like they were right. I could ask what happened, but I'm pretty sure I already know.
GoAndie February 21, 2013 at 10:17 PM
You're right,---years of messy moves, curriculums and crooks---and it's been past time for it to collapse. I'm trying to escape myself. It couldn't have been any worst unless they planned for it. Which I believe this debacle is by design! One bad move after the next, someone had to know a collapse was coming. Even the students have lost the hope and vision of success in a failing school system!!
Bill Zagorski February 24, 2013 at 03:20 PM
How much do we pay these clowns?

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