A state hearing that could result in the removal of the entire DeKalb County school board will proceed after all. Fulton County superior court judge Kelly Lee denied the board’s request for a restraining order to stop Thursday’s hearing.
Attorney Bob Wilson filed the request Tuesday, saying a new state law allowing the governor to replace local school board members doesn’t comply with the state’s constitution.
Wilson’s request was denied because it wasn’t submitted five days in advance, as required by law. The request frustrated some stakeholders. State Sen. Fran Millar, of Dunwoody, says it was self-serving.
“I’d like to know which board members voted for it, because I think it shows it’s all about those particular board members and not 100,000 kids,” Millar says, “And I’m worried about a loss of accreditation. This doesn’t help.”
The Southern Association of Colleges and Schools placed the district on probation due to poor board governance. Last week, the DeKalb school board hired former state labor commissioner Michael Thurmond to serve as interim superintendent. That’s why State Rep. Billy Mitchell, of Stone Mountain, says the board deserves a chance to improve.
“Given the opportunity now that they are evidently going in a new direction, I think the best posture for SACS would be to say, ‘Let’s see how this shapes out,’” Mitchell says.
The DeKalb board will get their day in court. Judge Lee scheduled a hearing for February 28. At that time, attorneys for the state will need to show why the board isn’t entitled to a restraining order to prevent the governor from removing all nine members if the state board recommends it.
A copy of the lawsuit filed February 19 on behalf of the DeKalb County School Board by their lawyer, Robert Wilson, asking for the court to stop the State Board of Education hearing scheduled for Thursday, February 22.
A copy of Judge Kelly Lee’s order dated February 20 denying the Dekalb County School Board’s request to stop the hearing (case number 2013CV227450).
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