On Wednesday, the DeKalb County school board will meet for the first time since Governor Deal replaced six suspended members last week. According to the meeting agenda, the “new” board will consider terminating the district’s status as plaintiffs in a lawsuit now before the state Supreme Court.The broadcast version of this story.
The lawsuit was filed on behalf of the district and former board chair Eugene Walker. It claims a state law allowing the governor to remove school board members violates Georgia’s constitution. If the board votes to end the district’s status as a plaintiff, the case can still move forward according to WABE legal analyst Page Pate.
“As long as there is one individual who has standing to contest the governor’s decision, and that would be Dr. Walker, or any of the former school board members who were removed, then the case can continue, even if the school board does not want it to continue,” Pate says.
Federal Judge Richard Story is seeking the Court’s guidance on the issue of state constitutionality. He will take the court’s opinion into consideration before issuing a decision. Story denied the former board members’ previous request for a temporary injunction to keep the governor from suspending them.