Court denies DeKalb school board attempt to halt Thursday’s hearing. But the case is just beginning.
The state hearing that could unseat the nine members of the DeKalb County school board will go on as scheduled Thursday morning in front of the state Board of Education after a judge ruling this morning.
However, the case will continue, so the board could ultimately prevail in its attempts to stay in power if it wins its legal claims. There is a hearing next week on the board’s legal challenge to whether the state can oust school board members en masse when a system is at risk of losing accreditation.
Fulton County Superior Court Judge Kelly Amanda Lee on Wednesday declined DeKalb’s request for a temporary restraining order that would have halted the proceedings. But Lee left open the possibility of a future court ruling that would prohibit the board’s removal.
The judge declined the restraining order over a technical issue: DeKalb failed to comply with a law that requires five-day notice to the state to suspend a proceeding.
The Georgia Board of Education has scheduled an 8 a.m. hearing Thursday with the DeKalb school board. The state board must decide whether to recommend suspension of the DeKalb board to Gov. Nathan Deal. A 2011 state law authorizes the removal of school boards in districts where accreditation is in probationary status.
The Southern Association of Colleges and Schools placed DeKalb on probation in December and threatened to strip accreditation altogether if the DeKalb board fails to address alleged mismanagement in Georgia’s third largest school system.
Although Judge Lee denied the request to halt the state hearing on the timing issue, her order says DeKalb may yet get a restraining order.
DeKalb asserts that the aw is unconstitutional by denying the local board due process. The state is not required to produce “any specific charges,” DeKalb asserts.
The state law basically allows a non-governmental agency such as SACS to create the evidence that is then used as the basis for suspension. SACS used anonymous sources throughout its report, and did not specify documents used to buttress every allegation.
The lawsuit contends that local voters would be disenfranchised if the state removed their elected officials because they failed to “remain in the good graces of an unelected, unaccountable private agency.”
Judge Lee wrote that “it appears that plaintiffs have shown that immediate and irreparable harm may still occur” to them after the state hearing.
If the state board recommends removal, Deal would be authorized to suspend the DeKalb board with pay and appoint temporary replacements.
Lee scheduled a hearing for Feb. 28 at 8:30 a.m. when the state must argue against granting DeKalb an order that restrains Deal from acting.
–From Maureen Downey, for the AJC Get Schooled blog
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73 comments Add your comment
curious
February 20th, 2013
4:38 pm
catlady,
I don’t know what most of the board member’s education levels and jobs are. Here’s what I think, though. If anyone has better information, please post it. Eugene Walker has a Ph.D. in history from prestigious Duke University. He is a former state senator. I think he at one time headed the Department of Corrections or the Department of Pardons and Paroles. I think now, other than his seat on the board, he is retired.
Orson has J.D. from Duke. I think he is a principal in a media company. Not sure.
Nancy Jester and Donna Edler: no idea about their educations but I think they’re stay-at-home moms.
Melvin Johnson and Pamela Speaks: no idea about their education (although Speaks I know has a Ph.D.) but both are former DCSS administrators (i.e. central office staff)
Cunningham: don’t know his education level, but I know he owned a pizza shop (and sold pizza to the school system!) and at one time was a manager at McDonalds. .
I have no idea about McMahan or Copelin-Woods’ education or employment status.
Atlanta Media Guy
February 20th, 2013
4:55 pm
Curious..Walker was with parole Board until the state had to layout a wad of cash to an employee who was sexually harassed by the former BOE Chair Walker. Cuningham is also a felon for stealing cash. Nothing to see here in DeKalb!
DeKalb Inside Out
February 20th, 2013
5:00 pm
Qualifications
In response to a proposal that educated people run the country, William F. Buckley said I’d rather be governed by the first 100 names in the Boston phone book.
Credentials don’t equate to results. Look at the resumes of the DCSD board over the last few years:
Paul Womack – Bachelors from UGA, VP of Trailways, President of Georgia Courier, VP of First Financial Group (Fortune 400)
Bowen – BS Accounting, Attorney and CPA, Director of U.S. Transaction with Hewlett Packard, JD from Georgia State University, College of Law
Redovian – BA degree in Finance from Ohio University, President and Owner of Atlantic Southern Products
That’s the first three I looked up. They sucked and would be way above any bar we set.
Grunps
February 20th, 2013
5:45 pm
@Kneecompoop
February 20th, 2013
1:45 pm
Funny. I attended two integrated high schools in the 1960s — one in the city of Atlanta and one in Dekalb County.
I also attended an integrated summer program put on by Dekalb County school system in the mid-1960s.
Jim Cherry was a dictator, but he was a benevolent one – at least as far as the kids went. The teachers might have thought differently.
@atlanta Media Guy
February 20th, 2013
5:55 pm
It looks like there were two sexual harrassment suits that were settled:
http://www.accessnorthga.com/detail.php?n=150517
Pardon My Blog
February 20th, 2013
5:56 pm
@Chamblee Dad – My husband graduated from a DeKalb High School in the 70’s and our children have been in the DeKalb schools starting in 1994. Around 2002 we started seeing significant changes in the system, a system that once had a stellar reputation.
Stay involved, that is how I was able to keep tabs on what was going on. Glad this is our last year but it will still affect us, whether or not we have children in the system.
If the voters on the Northside had any say, the majority of this Board would be gone.
Pardon My Blog
February 20th, 2013
6:01 pm
My last comment seems to have been filtered, however, I will say it again. My husband graduated from a DeKalb High School in the 70’s and our children have been in the system since 1994. It was around 2002 when we started to see the issues.
@Chamblee Dad – stay involved, we did and were able to stay on top of issues.
If the voters on the Northside had any sayso, the majority of this Board would not even be here in the first place!
bu2
February 20th, 2013
6:01 pm
@catlady
http://www.dekalb.k12.ga.us/board-of-education
Has bios on most of the board.
Jester was an actuarial consultant and Edler a CPA.
Dekalbite
February 20th, 2013
6:33 pm
I don’t think it is as much a matter of education as personal agendas whether it is to ensure your friends and family have good jobs in the school system or you have tremendous power to spend large sums of money as others cater to you or you want to get that new school for your particular community even if other schools are in worse shape. That has been the DeKalb Way for a long time – relationships substituting for competence. They really can’t help themselves as they bring people into the circle and train them well. A few new people move into the circle and they get trained and then a few move out and the new ones get trained. That’s why we new a completely new BOE and really a new administration (most of them have been trained in the same bad habits). No past relationships, no training the in the bad habits that have dominated the DeKalb BOE for years and years going back to the 80s. We had a lot of spare cash then, a great tax base, and most of students were middle class and did very well academically. No one paid much attention to these bad practices. It’s a new day though economically and demographically and academically. Where and how money is spent matters so much more because we have many more disadvantaged students. DeKalb is stuck in the past and it’s hurting the future of our students.
Dekalbite
February 20th, 2013
6:37 pm
I believe there were two cases settled:
http://www.accessnorthga.com/detail.php?n=150517
Ric Kelley
February 20th, 2013
6:48 pm
Please explain for me how Oscar Pistorius: (South Africa) is already being tried for the murder of his girlfriend (2/14/12) and we (DeKalb County) still hasn’t seen the trial of our former superintendent several YEARS ago….
Prof
February 20th, 2013
7:19 pm
@ Dekalbite, 4:29 pm. I didn’t mean to suggest that Clayton County is/was on a par with DeKalb County, for I’m aware of all the latter has to offer. I do think that Clayton’s problems with their BOE that led to their loss of accreditation resemble those of DeKalb right now. I am appreciating very much your clear, cogent summaries on these blog-threads of DeKalb’s situation and what has led to it.
Dekalbite
February 20th, 2013
8:05 pm
Mr. Thurmond needs to cut himself loose from the BOE if he is to survive. There are too many well educated, smart parents in DeKalb that got where they were by being the smartest in their class. They are the scholarship kids with MBAs and PhDs and JDs who know how to organize and learn the system. They are heavily invested in their children, paid dearly for their homes in close in affluent neighborhoods and will use those organizational, analytical and focus skills to either support him or get rid of him. These are not the kind of people you want to anger. They are well educated, articulate and will figure out how to research and ensure the public knows every misstep he makes. This is going to be very difficult for Mr. Thurmond since he cannot tamp down their concerns with platitudes.
Mr. Thurmond would be wise to pour resources back into the classrooms. He must pay for this by cutting, consolidating and/or outsourcing much of the non teaching group. He needs to bring attorney, maintenance, security, and energy costs in line. He needs to ensure the technology group is lean, and that they provide the services students need. Title 1 funding decisions need to be moved back to the schools. Every financial expenditure outside the classroom needs to be evaluated as every dollar spent on non teaching positions is a dollar not spent on direct instructional services. Does he have the educational and business background to do this? Can he separate himself from his bosses who probably told him this would be a cake walk?
mel
February 20th, 2013
8:26 pm
First of all, what makes you think Dekalb county or its students are better than CC.The County is in the same big mess they were in!!. Dekalb had to close schools and Millions of dollars gone somewhere, who knows what happened with that money!! Because you think your County might have more money or better neighborhoods, the bottom line is Dekalb County Schools are in Trouble!!
bootney farnsworth
February 20th, 2013
8:39 pm
Thurmond should step down with the board. he trashed any goodwill he had within the first 24 hours
Private Citizen
February 20th, 2013
9:08 pm
“But the case is just beginning” to simmer.
If anyone actually cares, yes I think there is an issue with light-duty multinational corporation, or “org” or whatever “SACS” allowing their catfish to swim so deeply into the mud hole.
Privatising regulation instead of the state practicing due diligence and oversight is a pretty serious breakdown in process and order. It is also notable that with the infiltration of Broad Academy trained superintendents from the California business tycoon Eli Broad, it is notable that on the SACS website their lead sentence for accreditation is “We view accreditation through a broad lense.” If you think there is no connection between these two, I’ve got some turkey-bacon to sell you.
Dekalbite@mel
February 20th, 2013
9:11 pm
“First of all, what makes you think Dekalb county or its students are better than CC.”
Certainly not better, just different. Because there are more tax dollars at stake, there is more manipulation and posturing and back room deals than Clayton County saw. Clayton County has overall better achievement than DeKalb, and as much bad press as Clayton County receives, people don’t realize Clayton is more efficient than DeKalb in terms of pouring resources back into the classrooms (not to say that it couldn’t get even more dollars back there – you guys have some “career personnel” as well that care more for their own advancement than students).
DeKalb is bigger, has more money (translate that as tax dollars) at stake, and an enormous non teaching bureaucracy. DeKalb’s entrenched friends and family network has more to lose so they are fighting harder.
You are absolutely right – DeKalb is in trouble. Probably worse trouble than Clayton.
Private Citizen
February 20th, 2013
9:12 pm
Prof, If there is a case of measles in Valdosta, that does not mean that it is then okay to have an measles epidemic in Atlanta. I’m certain that you are at ease / fluent with metaphor.
Product of Dekalb
February 20th, 2013
10:40 pm
@Dekalbite I completely agree with you about allowing individual schools (Principal and/or school councils) to make decisions about Title 1 funding. The Principal knows his or her school best and what needs to be improved or purchased to make those improvements for students.I know for a fact the Feds say Title 1 funds may be used towards Art, Music and other programs but when I requested funds for Art materials or a special project, my Principal informed me the DCSD told her she could only use the funds towards reading or math. Why should the local systems be allowed to go against what our U.S. Sec. Of Education says the funds may be used for? Yet elem. band teachers were told they will have to teach in several schools with no funding or instruments and can’t touch the $ either. Music, PE or Art programs should have a “piece of the Title 1 pie” as well. Instead we are forced to buy our own supplies or beg strapped PTA’s for little funding. Students deserve access and equity in this county!!
I think we all agree that is not a priority anymore… so sad to think about how awesome DeKalb schools were in the 70’s and 80’s. I can’t see the light at the end of the tunnel anymore.
Product of Dekalb
February 20th, 2013
10:40 pm
@Dekalbite I completely agree with you about allowing individual schools (Principal and/or school councils) to make decisions about Title 1 funding. The Principal knows his or her school best and what needs to be improved or purchased to make those improvements for students.I know for a fact the Feds say Title 1 funds may be used towards Art, Music and other programs but when I requested funds for Art materials or a special project, my Principal informed me the DCSD told her she could only use the funds towards reading or math. Why should the local systems be allowed to go against what our U.S. Sec. Of Education says the funds may be used for? Yet elem. band teachers were told they will have to teach in several schools with no funding or instruments and can’t touch the $ either. Music, PE or Art programs should have a “piece of the Title 1 pie” as well. Instead we are forced to buy our own supplies or beg strapped PTA’s for little funding. Students deserve access and equity in this county!!
I think we all agree that is not a priority anymore… so sad to think about how awesome DeKalb schools were in the 70’s and 80’s. I can’t see the light at the end of the tunnel anymore.
The Drum Major Instinct
February 21st, 2013
3:39 am
To The Dekalb Board of Education Members:
As Doctor MLK would have stated please let my school system go.
If you have any morals or integrity, do the right thing and step down so
the children will have a chance in receiving a quality education. A good
leader gives up his personal goals and agenda to insure that group(children)
goals and agenda are achieve.
This has become a nightmare, soap opera and just down right foolish. As I
travel daily throughout the U.S. people ask me about DeKalb County and if
it is a script being written for a Tyler Perry Movie. How Do I respond?????
I think that you enter into your positions with good intentions, but throughout
your tenure you have lost focus on what the real mission is to educate the
children and not look for personal gain or glory.
I ask you to go the Bible and read Mark 10:35( Summary James & John ask Jesus to give them
power so they can sit on the left and right side with him in power. Jesus responds by saying power
is not given but earn by service to the people. He states that if you want to be great wonderful,
and if you want to be recognize wonderful, but he who is greatest amongst you shall be your
servant and he who is chief of all shall be servant of all.
Doctor King summarizes the above passage in his Drum Major Instinct Sermon( the last sermon he
gave at Ebenzer before he was killed). To each Board Member take time to Google this speech and
listen to it word for word and it will give you direction in doing the right thing for the Children and Dekalb County. I pray for each of you.
kevin
February 21st, 2013
7:51 am
I would say that SACS President or CEO comes to Georgia very regular and pick on the school system. Why is this….and just because they have a contract it is not making sense that they come and put school on probation all of the time. Money destroys anything it touch; so, I think someone needs to launch an investigation into the SACS CEO. Something wicked that way continues to come and who in the entire Georgia School Board System is talking to them?
Dewey
February 21st, 2013
8:25 pm
This BOE is definitely in violation of breach of trust with the public that put them in office. Remove them for the kids sake!