Today’s AJC story by Ty Tagami gives a great summation of the lawsuit filed yesterday by DeKalb Board of Education members to keep their elected positions by challenging the constitutionality of the law that permits the governor to oust them.
Taxpayers are underwriting this legal challenge, which is upsetting many DeKalb parents tired of crowded classes and dwindling resources.
As I wrote in a piece yesterday, there may well be good cause to question the legality of the state law. But should a costly legal challenge come from DeKalb, a system with a $16 million deficit and a parent community that seems relieved at the prospect of getting rid of its board?
My main concern: The focus of the leadership in DeKalb has shifted from the schoolhouse to the courthouse and that shortchanges students. DeKalb is in desperate need of stability, and a protracted lawsuit won’t provide it.
The best quote in the AJC story comes from a parent: “I don’t understand why they all don’t resign. They are clearly trying to save their jobs instead of the school system.”
One of the goals of the legal filing is to stop Thursday’s state Board of Education hearing on whether to recommend to the governor the dissolution of the current DeKalb school board and the appointment of a new slate of members. The state is arguing that the DeKalb request for a restraining order to stop the hearing came too late, but the attorney for the school board disagrees.
That may be decided later today, and I will let you know if the 8 am. hearing Thursday in downtown Atlanta is is on or off.
The state is not happy with DeKalb’s decision to sue. It will be interesting to see if the state Board of Education acts on its frustrations Thursday by recommending the ouster of the nine DeKalb school board members. There are many behind-the-scenes efforts being made to avoid the suspension of the DeKalb board, but the lawsuit has certainly lost the school board some good will.
(For the perspective of a former student, check out this DeKalb School Watch piece from Mpaza S. Kapembwa, a 2011 Cross Keys High School graduate who attends Williams College. Mpaza has written several pieces for me, including this one on DeKalb’s problems. If your kids or students want to write on this issue or any other education issue, tell them to submit pieces.)
Here is an excerpt of Tagami’s story:
DeKalb’s suit, filed by the district and school board chairman Eugene Walker, claims the law is unconstitutional because it authorizes removal of local elected officials “without any individualized finding of misconduct.” The law allows the state to unseat board members who preside over districts that an accrediting agency has placed on probation, as happened in DeKalb last year.
{Gov.} Deal said litigation may only prolong the pain in DeKalb, Georgia’s third largest school district with nearly 100,000 students.
“The longer this is drawn out, the more protracted it becomes and the more the story becomes one that concerns people everywhere, ” Deal said.
The state’s case against the DeKalb board is based on a December report by the Southern Association of Colleges and Schools, which accused the local board of financial mismanagement, nepotism and other failures of oversight while academic performance languished. The SACS report was based largely on anonymous sources whose claims cannot be independently corroborated. The agency threatened to strip the district of accreditation altogether if the school board fails to address the concerns, and the state is treating the report as evidence.
The lawsuit was filed by Decatur attorney Robert Wilson. He had no comment about the case after arriving at the courthouse Tuesday afternoon to get a court date.
As of the close of business, Judge Kelly Amanda Lee had not scheduled one. It’s unclear if she’ll do so prior to the state board hearing.
Department of Education spokesman Matt Cardoza said the state school board will meet with DeKalb as scheduled at 8 a.m. Thursday, “until we hear otherwise.”
A similar lawsuit filed by a majority of the school board members in Sumter County halted a similar state hearing. Board member Kevin Pless and other unnamed members sued in Fulton Superior Court in November. Judge Bensonetta Tipton Lane granted a temporary injunction, ordering the state board not to convene the hearing. The Sumter lawsuit was transferred to Judge Shawn Ellen Lagrua, and no court date is set.
State Sen. Fran Millar, R-Dunwoody, noted that one of SACS’ concerns about DeKalb was excessive legal expenses in a system that ran a $16 million deficit last year. He judged this latest move a “selfish” effort to cling to power.
“I would like to know who voted in favor of this motion because obviously it’s all about them and not about 100,000 children, ” said Millar, the former chairman of the Senate education committee. “All this delay does is increase the likelihood of loss of accreditation, ” Millar said. “How selfish can people be?”
If there was a public vote, it didn’t occur in public Monday — the most recent open meeting of the DeKalb board. During that meeting, the board voted to go into a private session to discuss an undisclosed legal matter. Thurmond, the former state labor commissioner who has been interim superintendent since early this month, said he knew of no public vote on the suit.
Bill Armstrong, a father of three children in DeKalb schools, called the lawsuit “an outrageous evasion” of the school board’s duty. “I don’t understand why they all don’t resign, ” said Armstrong, of Chamblee. “They are clearly trying to save their jobs instead of the school system.”
–From Maureen Downey, for the AJC Get Schooled blog
75 comments Add your comment
Maureen Downey
February 20th, 2013
12:06 pm
@DeKalb, No. There would be no federal jurisdiction or interest that I could see here.
Maureen
Robert Tracy
February 20th, 2013
12:08 pm
When we are looking at cleaning house on the DeKalb County School Board, what I found interesting on the GA Board of Education website the last time a code of ethics was adopted was in 2010, which didn’t address that specific board but local school boards throughout the State of GA. Currently a board member of the GA Board of Education has a serious conflict of interest which should of barred her from being a board member.
(Linda M. Zechmann First Congressional District As a member of the Georgia State Board of Education, she chairs the Charter School Committee, and is a member of the Operations Committee. Mrs. Zechmann and her husband, Dr. John Zechmann, have ongoing business partnerships with several school systems in rural Georgia through his optometry practice, Since 1981. i also scratched my head on why Lisa Kennemore was appointed by Gov Deal to sit on the Fourth Congressional District when she home schooled her children for 15 years and She was on the board of N. E. Independent Preparatory Academy for 5 years which is a center for home education (http://www.nipa-ga.org/). No wonder in a recent Poll on State Integrity Georgia scored a “F” http://www.stateintegrity.org/ It’s Politics as usual
Georgia Board of Education delays adopting ethics policy model
http://www.ajc.com
Members of the state Board of Education have put off passing a code of conduct and conflicts of interest policy that’s to be a model for local school boards across the state.
Peter Smagorinsky
February 20th, 2013
12:16 pm
Some samples from the Dekalb BOE website. According to this source, the board is full of dedicated and nurturing educators who put kids first.
Dr. Eugene P. ‘Gene’ Walker is an outstanding and accomplished educator, historian, community leader, elected official, and public servant.
Mr. Cunningham credits his parents for instilling strong educational values, which he uses to teach and nurture his children.
As an elected official, Ms. Edler is committed to:
•Ensuring our children attend warm, and safe educational environments.
•Improving overall student achievement as measured by national standardized test scores, high school graduation rates, and the number of students eligible for the HOPE scholarship.
•Ensuring fiscal prudence, transparency, and responsibility of the district through her role as a board member.
•Improving the image of the DCSD by instilling trust through better internal controls in accounting, operations, contracting and hiring.
Ms. Jester worked as an actuarial consultant prior to starting her family. She is a dedicated volunteer and elder at her church, Shallowford Presbyterian. . . . Ms. Jester has held numerous leadership positions within her community; including President of The Hawthorne Foundation; Chair of the Hawthorne School Council; Chair of the Board of Directors for Shallowford Presbyterian Preschool; a member of the ERISA Study Group and various other civic organizations.
Ms. Jester and her husband, Stanley, stay busy with their three young children. Their weekends are filled with soccer, scouts and time at the playground.
[Donna Elder] is a wife, parent, and involved citizen. Giving back is an integral part of Ms. Edler’s life. She has spent the last 15 years as a DeKalb County citizen volunteering and holding board positions with local civic associations. She is also an involved parent alongside her husband, Darryl, and role model to their three children, Darryl Jr. (University of Vermont), Christopher (Chamblee Charter High School High Achievers Magnet Program) and Rachel (Chamblee Middle School High Achievers Magnet Program). And now she is a member of the DeKalb County Board of Education.
Dr. Speaks has an amazing understanding of the DCSS from the perspective of a teacher, an administrator, and a parent. We know that she will use that knowledge and understanding to assist the district to move forward to meet the goal of providing all students in the DCSS with a world-class education.
We report, you decide.
Middle School parent
February 20th, 2013
12:22 pm
Why would they resign? That would be too much like right and why should they start now?
Maureen Downey
February 20th, 2013
12:25 pm
To all, See new post. Court denied motion to stop tomorrow’s state board hearing, but this legal battle is only heating up now.
Ned
February 20th, 2013
12:27 pm
Sure, they ought to resign, but they ouight to be doing a lot of things they do not do (open checkbook anyone?) and they ought not to be doing a lot of the things they have been doing for years.
That said, much as I’d like a meteor to strike the next BOE meeting, I’m not 100% comfortable with the idea of a partisan elected official being empowered with dismissing other elected officials and appointing his/her preferred replacements.
Pardon My Blog
February 20th, 2013
12:36 pm
@ Peter – of course their bio’s on the BoE website would be glowing but what they don’t include are “the rest of the story” as it were such as their legal problems, past dealings, insider personal requests and favors, etc. etc. etc. Some more guilty than others. But as you said, “you don’t have a dog in this fight”.
@Robert – what I see is a balanced Board to address all aspects of Education in the State of Georgia because not everyone goes to a traditional school so you have to ensure that Home Schooled, Private Schools, Charter Schools, etc. students are meeting the criteria. And the one thing this Board has that DeKalb does not – EXPERIENCE!
dekalbite
February 20th, 2013
12:47 pm
The salary is inconsequential. The real power is what you can do for your friends and family. In DeKalb Schools, it’s always about relationships rather than competence.
For example:
A former BOE chair has a daughter, son in law and son on the payroll (all in non teaching positions). There have been numerous questions about their selection for these positions and some right out controversy. School year 2011 – 12, the daughter made $134,000 a year including benefits. The son in law – the daughter’s husband made $134,000 a year including benefits (and BTW – they held these jobs at around these salaries for 6 or 7 years). The son made $67,000 a year including benefits. (There may be some more members of the family employed but that’s the only ones I know of for sure).
That’s $335,000 a YEAR taxpayers dish out for these three non teaching children of the former BOE chair. And remember this has gone on for many years. Can you see how this adds up to millions for your family?
Dr. Walker says he has at least 5 members of his family employed by DCSS. Of the ones he listed in the AJC, none were teachers.
Here is a link to the old DeKalb School Watch blog where commenters named who was related to who:
http://dekalbschoolwatch.blogspot.com/2010/06/friends-and-family-plan.html
Can you see how important it is to keep your position of power?
Perhaps this is why SACS wants to keep some people who testified anonymous.
Atlanta Media Guy
February 20th, 2013
12:52 pm
Folks, the Clew crew is still in charge, the crew moved around but they still pull the strings. Ramona -where is that 49 million- Tyson is sitting right next to the interim, just like she did when Atkinson arrived. Why is a person responsible for going 49 million over budget, over two years, still sitting in Kings row at the Palace… Clew chose Tyson as interim…DCSS mired in the muck of mediocrity for over 10 years.
ConspiracyTheory
February 20th, 2013
12:52 pm
Allow me to put on a tinfoil hat. In addition to the reasons dekalbite calls out well above, there’s another reason to fight to stay in the building when you’re past is about to catch up with you – it’s easier to cover your tracks, doctor the books and change meeting minutes when you’re inside the system. Taking my tinfoil hat off (for now)…
Peter Smagorinsky
February 20th, 2013
1:02 pm
Pardon my Blog, I hope you know I was being sardonic.
PaulaAtlantaGA
February 20th, 2013
2:07 pm
@DeKalbite Thanks for those links! I tweeted them, hoping more voices will be raised in protest.
Private Citizen
February 20th, 2013
3:07 pm
dekalbite, That is some potent information. Wow.
collar, just to say that I am entirely in accord (agreement) with your observation. Thank you for continuing to emphasize the strategy being used to do behavior training of the populace. Did you see the psychometrics on the no-fly list persons? Google search “no fly list” and go to the official page, pick any name at random. They have psychometrics shown, looks like chemical test or something. I wonder if they are doing the same with databases and embedded test questions, like that lady from Pennsylvania claims she discovered.
Marney
February 20th, 2013
3:14 pm
maureen…I don’t use gmail, and I can’t find or “copy” a real e-mail address with which to submit you something that I would like you to post. Did Lynn send you something forwarded from me?
As to your comment about all the board members being financially ok and employed…that is certainly not the case. Most are retired, one has had to have his wages garnished because his businesses are in debt. I few years ago Sarah was very assertive that she wanted the salary increased because she counted on it.
And I would think that the obvious reason that no one is resigning is because those who don’t resign have the authority to replace the ones that do with whomever they want. What that means is that if the poor souls that can never win a vote resign they will be casting more power to the others that are more selfish and refuse to do so.
Maureen Downey
February 20th, 2013
3:46 pm
@Marney, Nothing from Lynn. I still think that DeKalb board in general has members who are not reliant on their board salaries to pay their bills. Ms. Copelin-Woods may be the exception. I am assuming Walker has a good retirement package. Maureen
Chamblee Dad
February 20th, 2013
4:08 pm
Amazing thing about DCSS in the Get Schooled Blog – There is so much crazy news coming out everyday, that if you are commenting on what seems to be the latest post by Maureen, you better hit refresh on her blog first, and on the main AJC page too, or you might find Ty has posted a new article (or at least updated the current one) and suddenly you are at the end of “old news” and the newest post is already building a brand-new long thread. What other blog topic can top that? not even college football in the fall.
Ned
February 20th, 2013
4:44 pm
Alex, I’ll take “Things Gene, Sarah, Melvin, and Jay don’t give a damn about” for $200–and the question is “To spare system and save money”
DeKalb Inside Out
February 20th, 2013
4:54 pm
http://northdruidhills.patch.com/articles/thurmond-voters-partially-responsible-for-school-board-strife?ncid=newsltuspatc00000003
DeKalb County voters are partially responsible for the strife and discord that has pushed the board of education to the brink of its own removal, interim schools Superintendent Michael Thurmond said Wednesday. “I’m here to correct many of the mistakes [the school board] made and to also correct some of the mistakes you made.”
Ned
February 20th, 2013
4:56 pm
“I’m here to correct many of the mistakes [the school board] made and to also correct some of the mistakes you made.”
Chief among the mistakes you [voters] made are electing the people on the school board who hired me.
David Sims
February 20th, 2013
5:09 pm
Resigning one’s position for the sake of the public welfare is an act of responsibility. In order to get responsible conduct from one’s office-holders, one must elect responsible people to the offices first. In DeKalb County, the school superintendent is black and so are two-thirds of the board of education. You don’t often get any significant degree of official altruism from blacks, who will hang on to their perks and their status, however undeserving of them they might be, until someone stronger than they are forces them out.
Pardon My Blog
February 20th, 2013
6:14 pm
I personally could care less if being removed from the Board meant loss of income to any of them. There is no guarantee that they would have this income past their term (well I guess in Walkers world he would then find a consulting position for them)! Most of us have lost more in devalued property, etc.
bu2
February 20th, 2013
6:44 pm
None of them lose income by being removed. We would simply have to pay for two boards. That’s the way the law works. Its not about their board salary.
bu2
February 20th, 2013
6:45 pm
The way it works is they are suspended until the end of their term. But its a suspension with pay.
Private Citizen
February 20th, 2013
8:52 pm
I think the 4,000 or so Georgia teachers who have left their jobs know a little something about loss of income.
I think I’ve got $35. left on a credit card. I think I’ll spend some of it and go have dinner. I’ve got my electric bill down to $68. for a month. Can’t say anyone is too excited about that besides me, but I like it. That’s the difference in the real world, people smile and say, “I do what works for me.” School teachers can’t do that. My improved health is worth a lot more than my last annual pay which turned out to be well under $40k for 80 hour work weeks and spending a portion of that buying supplies to make excellent results and get insulted by the networking Peyton Place bosses as a result. I guess clocks do run backwards, financially for teachers.
Honestly, if you burned every Georgia school board to the ground like a barn burning in a William Faulkner story, and did away with the superintendent system, it would be fine by me and preferred. I think teachers would be able to do better work, not being forced to cater to rich kids and short change the rest. Georgia is rife with government play-acting that they are British royalty. It must go all the way back to the land grant system. That mentality is alive and well and at-play today. Superintendent qualification: Just be sure and treat all the right people in the right way, and feign ignoring the rest.
Private Citizen
February 20th, 2013
8:58 pm
Who thought up the idea of getting a collective of part-time people to supervise / manage an annual billion dollar budget? Maybe “DeKalb” is too big for a single school system.