Georgia High Court Hears Arguments Regarding DeKalb School Board Removals

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Did the Georgia statute that allowed Governor Nathan Deal to remove members of the DeKalb County School Board violate the state’s constitution?

Monday, June 3rd, both sides argued before the Georgia State Supreme Court.

Up first for the plaintiff was attorney Thomas Cox.

There are many problems with the state law that allowed Governor Nathan Deal to remove those school board members said Cox.

He’s representing former DeKalb board chair Dr. Eugene Walker.

“It puts the individual elected constitutional officer, that being an elected school board member, in the incredible position of being permanently removed from office without ever having being charged with individually wrong doing much less ever having been proven to  have committed individual wrong doing.”

Six of the nine DeKalb board members were removed after the district was placed on accredited probation by the Southern Association of Colleges and Schools or SACS.

Justice Harold Melton wanted to know how clear are the standards by which board members will be judged for violating the standards of a private agency such as SACS.

Stefan Ritter representing the Governor and the state board of education cited the district’s potential for loss of accreditation is a justified qualification for removal.

“So the answer to that question is, if there is some sort of conduct, even if it’s merely negligent conduct that would lead to the potential loss of accreditation that is sufficient to lead to that. It doesn’t have to be proof of wrongful conduct on the part of the school board member.”

After the hearing, Eugene Walker maintained what he’s always said and that’s voters should decide who goes and stays on a local school board.

“It’s about who the people elect and who the people choose to represent them. They hire them; they ought to be able to fire them, nobody else.”

It could be months before a ruling is handed down by the state supreme court.

The state Constitution requires the justices to issue a ruling within two court terms of when the case was filed.

That could be six months and a decision would come no later than the end of November.