Breaking news: With new federal ruling, DeKalb school leadership is now in legal limbo for time being
As we all expected, the DeKalb school board situation is getting messier. A federal judge is now saying that Gov. Deal can remove the six board members, but cannot replace them for the present.
Yikes.
It seems unlikely all the school members recommended for removal are going to drop their legal challenge to the state law allowing the governor to oust them over accreditation concerns.
If the DeKalb legal challenge follows the pace of a similar one filed by school board members in Sumter County, this could take months to resolve. Six Sumter school board members filed in December to halt state removal, but a court hearing has yet to be scheduled and they retain their seats.
DeKalb school board member Eugine Walker made it clear to the state Board of Education at its 14-hour hearing Thursday that he was not going to surrender his constitutional rights to seek redress in the courts if he was suspended from his elected post.
The AJC’s Ty Tagami reports that Walker said Sunday, ““I was elected by the people, but I work for God. I’m not going to surrender to a political lynching by a kangaroo court.”
U.S. District Judge Richard Story scheduled the federal hearing for 2:30 p.m. Friday. The Fulton Superior Court hearing before Judge Lee is 8:30 a.m. Thursday.
So, this situation now leaves DeKalb in limbo and prevents any real change to get under way.
A federal judge has issued an order that temporarily prevents Gov. Nathan Deal from replacing the DeKalb County school board members who were recommended for suspension by a state panel.
Judge Richard Story’s order refuses to restrain Deal from suspending the DeKalb board members, but enjoins implementation of any decision by the governor pending the outcome of a hearing Friday.
Deal previously called a news conference for 11 a.m. Monday to announce his response to a Georgia Board of Education recommendation Thursday to suspend six of nine DeKalb board members. That prompted DeKalb to file a last minute plea Friday for an order restraining the governor.
The judge’s order didn’t side clearly with either DeKalb or the governor, but it does give DeKalb some breathing room.
“If Governor Deal decides to appoint any new member to the board, that proposed member shall not be permitted to take office at this time,” said Story’s order, which was signed Friday and obtained Sunday by Channel 2 Action News. “Similarly, if Governor Deal decides to remove any current member of the board, that member will remain in office, but shall not be permitted to act on behalf of the board or take any other official action in his or her capacity as board member.”
The temporary order is in connection with a lawsuit DeKalb filed to stop the removal process. The suit, filed by the school district and former board chairman Eugene Walker against the Georgia Department of Education and Deal, contends that a 2011 state law allowing the ouster of elected local school boards is unconstitutional.
The law says the governor can suspend and ultimately remove any local school board that is recommended for suspension by the state education board because of risk to the local school district’s accreditation. The law authorizes the state to act only in districts that have been placed on “probation” by an accreditation authority.
The Southern Association of Colleges and Schools placed DeKalb on probation in December, alleging a host of governance problems.
–From Maureen Downey, for the AJC Get Schooled blog
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258 comments Add your comment
bootney farnsworth
February 24th, 2013
9:37 pm
clever how Gene the machine has not at all subtly appealed to the low information black votes for support with the lynching claim.
all that’s missing is Jesse Jackson.
the english translation: ain’t no white governor gonna push me offa the gravy train. I’m gonna get the black folks man, and he ain’t gonna touch me.
Dekalbite@Bu2
February 24th, 2013
9:37 pm
“Maybe we should start a recall petition on Jason Carter.”
I like Jason Carter. He’s the one that ensured the Romney video saying 47% of the country were freeloaders went viral. As far as I know, Carter did not cut teacher pay, increase class sizes, or move to protect special schools and programs that don’t serve the regular education student nor did he advocate this. Again – IMO there is nothing wrong with replacing an African American ousted BOE member with another African American. There are plenty of competent African American citizens in DeKalb that will put students first and are fiscally prudent.
bootney farnsworth
February 24th, 2013
9:39 pm
@ bu2
nice to see a Carter playing race and making threats if he doesn’t get what he wants. almost like a family member taught him that…
a note to the Carter family: you may be ashamed of being white, but enough already with inflicting your guilt on the rest of the world.
Dave
February 24th, 2013
9:40 pm
Jason Carter is not James Carter, the 47% video guy.
bootney farnsworth
February 24th, 2013
9:47 pm
@ dekalbite
thank you for perpetuating the problem.
race and politics must trump all else
and BTW: that’s not what Romney said, nor what he meant, and you know it.
OriginalProf
February 24th, 2013
9:47 pm
P.S. The sponsors of HB 115 are all Republicans. I kind of doubt that Democratic Mary Margaret Oliver is behind it, Ella Smith.
bootney farnsworth
February 24th, 2013
9:48 pm
when will the pox on America called Carter finally be cured once and for all?
Lynn43
February 24th, 2013
9:48 pm
There are systems that are working very, very well. I am so afraid that the legislators who are trying to dismantle the public schools will use Dekalb County as an excuse to farther harm the systems that are successful and producing great results.
bootney farnsworth
February 24th, 2013
9:49 pm
thank God I don’t live in DeKalb anymore
bootney farnsworth
February 24th, 2013
9:51 pm
a thought for Gene the machine. not sure God is a voter in DeKalb county, unless you’re referring to that idiot at the Cathedral at Chapel Hill.
bootney farnsworth
February 24th, 2013
9:52 pm
quick note to Dr. Trotter
keep banging the SACS drum. most people have no idea just how destructive SACS is.
Concerned for children
February 24th, 2013
9:53 pm
As I stated last week on this blog, the 2011 law that was passed by the general assembly would not pass the mustard test. Hell, I think the entire general assembly should be removed and take that thief of governor with them. Also, there are civil rights issues that also can be pressed against the state board of education and the governor’s office. This law was created to specially target certain school districts and Dekalb fell in that category. The governor and state board of education should appoint a team of experts to work with the BOE and others to remove the probation status from the district, but that’s too much like doing the right thing.
OriginalProf
February 24th, 2013
9:55 pm
Jason Carter and James Carter are both grandsons of the ex-President. I’m sure that Jason would’ve leaked Romney’s “47%” video if he could’ve.
Dave
February 24th, 2013
9:57 pm
OriginalProf, just wow.
bootney farnsworth
February 24th, 2013
9:58 pm
this just in: Gene the machine will be healing people on the steps of the DeKalb County courthouse.
also, the Lord’s Prayer will be rewritten to include him by name
in the name of the father
the son
the most holy Gene Walker
ect ect ect
Dave
February 24th, 2013
9:59 pm
Okay, I can’t resist:
etc., etc., etc.
mountain man
February 24th, 2013
9:59 pm
Our business already requires managers to possess at least a bachelor’s degree and also requires even basic labor positions to have a high school diploma or GED. Perhaps it is time to say that a high school diploma from Dekalb county does not suffice.
monroe
February 24th, 2013
10:01 pm
if deal suspend any of these board members the naacp need to sue for big money for racism. i’m tired of this.
bootney farnsworth
February 24th, 2013
10:02 pm
a note to progressive humanist:
you often annoy me with your anti religious diatribes. but you win this round – Walker is an idiot and sets back the community of faith 1000 years with stupidity like that
bootney farnsworth
February 24th, 2013
10:04 pm
I wonder if Gene’s business card reads
Gene Walker
Untouchable black politician
“I work for GOD”
bootney farnsworth
February 24th, 2013
10:06 pm
@ mountain
would you grant an exemption if an DCSS applicant was endorsed by Gene Walker?
he works for God, after all.
that’s gotta be good enough for digging ditches, at least
Dekalbite@Bootney
February 24th, 2013
10:06 pm
“@ dekalbite
thank you for perpetuating the problem.
race and politics must trump all else”
No. I just remember when DeKalb moved to being a majority Black school system and the administration was almost all white. That was pretty glaringly apparent and many older school system employees remember that as well. There is a history that goes back many years in DeKalb, and I’m respectful of it (I started with DeKalbin 1972).
If it’s really important to the African American community that their replaced BOE reps are African American, I wouldn’t quibble. There are many African Americans in DeKalb that would be very competent in the job and put students first.
mountain man
February 24th, 2013
10:07 pm
“I work for GOD”
The only person who could claim this maybe is the Pope. I don’t think of Walker as the Pope.
S.
February 24th, 2013
10:07 pm
@ Mountain Man…please do not disparage the education that our students are receiving and the diploma they will receive. Teachers are still going into work each day and doing their job. It’s the politicians who are wreaking havoc on the system.
ShooShee
February 24th, 2013
10:09 pm
“I work for God.”
And if you’ll recall, Paul Womack ‘is’ God…
Dekalbite@Original Prof
February 24th, 2013
10:09 pm
“Jason Carter and James Carter are both grandsons of the ex-President. I’m sure that Jason would’ve leaked Romney’s “47%” video if he could’ve.”
There is no could’ve. President Obama thanked him it:
http://politicalticker.blogs.cnn.com/2013/02/21/carter-obama-thanked-my-grandson-for-47-tape/
mountain man
February 24th, 2013
10:10 pm
“would you grant an exemption if an DCSS applicant was endorsed by Gene Walker?
he works for God, after all.
that’s gotta be good enough for digging ditches, at least”
Ne, we expect our employees to be able to read. A dekalb county high school diploma does not guarantee this.
bootney farnsworth
February 24th, 2013
10:10 pm
@ dekalbite
you are welcome to your option, and I stand by mine. your attitude perpepuates the problem.
if its more important to the black community (I know african americans, most black are not) that only a black person can represent their interests ,,,,,
people holding that attitude need to grow the hell up and quit voting until then
mountain man
February 24th, 2013
10:13 pm
“@ Mountain Man…please do not disparage the education that our students are receiving and the diploma they will receive.”
This is not just Dekalb county. I disparage all high school diplomas in Georgia, since they eliminated the GHSGT (you could get a variance if you failed it enough, anyway). Georgia Diplomas mean nothing. There are high school diploma holders who cannot read, write, or do simple arithmetic. I know; I have seen them.
bootney farnsworth
February 24th, 2013
10:13 pm
Earl Paulk, that’s who I was thinking of.
dude who took the act of “laying on” the congregation to a whole new level
bootney farnsworth
February 24th, 2013
10:15 pm
question:
if its really important to the “african american” community to be represented by a black man, does than mean since we have Obama only black men can be president from now on?
see how stupid this can get?
RCB
February 24th, 2013
10:17 pm
Well this will certainly be a boon for Cobb, Gwinnett and northern Fulton over the next decade. As we try to entice businesses to the area, no self-respecting citizen, especially one with children, will move to Dekalb. As I look at retirement in the next 3 years, unless north Dekalb is given a chance to provide decent public education as a separate district (like Decatur), we will not stay here and may go ahead and sell sooner rather than later because the value of our home will continue to fall while my taxes go up. Continuing in this direction will certainly cause many of us property owners to flee this county. It’s too far gone.
bootney farnsworth
February 24th, 2013
10:18 pm
@ mountain man
stop making fun the the HS football team.
read, write, do math, and run with the ball? you can only ask so much out of man
Rush
February 24th, 2013
10:18 pm
Trotter referring to someone else as a money grubber….LOL. Pot meet kettle……
mountain man
February 24th, 2013
10:19 pm
I hear that high-tech businesses are flocking to Clayton County. Next, they will flock to Dekalb County.
bootney farnsworth
February 24th, 2013
10:19 pm
@ RCB
I wouldn’t hold out too much hope for Gwinnett. its shifting fast.
bootney farnsworth
February 24th, 2013
10:21 pm
this just in: Dekalb county joins third world. African and Asian dictators shamed by the downgrade in their status.
Rush
February 24th, 2013
10:22 pm
Does anyone think that Trotter cares one iota about kids getting an education in Dekalb? He is just trying to stir the pot and enrich himself….guess which other system he “cared” about and helped stir up trouble. I bet catlady knows which one.
mountain man
February 24th, 2013
10:25 pm
“stop making fun the the HS football team.
read, write, do math, and run with the ball? you can only ask so much out of man”
Football players are exempt, of course. Especially if they end up going to UGA.
Dr. John Trotter
February 24th, 2013
10:29 pm
@ Dave: I don’t try to defend any school boards throughout Georgia. But, I do indeed think that the whoring superintendents are far more the problem than the elected school boards. My problems are less with elected school board than with the appointed superintendents who seem to be so disingenuous. SACS collaborates with these disingenuous superintendents (note: Beverly Hall and the shameless way that Elgart tried to protect her), essentially protecting them. I don’t know what exactly happened in DeKalb, but I suspect that even Dr. Atkinson communicated with SACS before Elgart threw down the heavy hand. If she did, it backfired on her.
I think that Elgart severely underestimated the backbone of the school boards of Clayton and DeKalb. The different media jumped on the circus-type atmosphere of trying to make these school board members to look like caricatures because, quite frankly, this sells newspapers and ad space. I understand this. But, I venture to say that the average education level of the DeKalb Board of Education is significantly higher than most school boards in Georgia. The overwhelmingly African American school board in Clayton County was by far more educated than the majority white Clayton school boards of the past, and those school boards fought like dogs and cats without a whimper from SACS.
Rush
February 24th, 2013
10:33 pm
Don’t worry about revealing the other school system Trotter “cared” about catlady. Trotter revealed it himself…..those test scores in Clayton were just in the dumps (LOL) until Trotter and his ilk came along and got involved. Now Clayton county schools are the pride of the metro area (again LOL). Just think what a great asset Trotter will be for the education system in Dekalb (one last LOL).
Dr. John Trotter
February 24th, 2013
10:36 pm
@ Rush: It would actually probably be much more “political” and perhaps more “popular” for me to jump on the bandwagon and trash the school board members instead of arguing the notion that SACS should not be allowed to take over a school board. I don’t see how you think that this is a money-maker. Have you ever thought of having principled convictions, Rush? I suspect that you are still smarting over several black school board members firing a white superintendent, right? Ha! Now if you are intelligent enough or have the courtesy enough of taking on what I have actually written instead of engaging in ad hominem attacks, then I will give you the time of day.
Dr. John Trotter
February 24th, 2013
10:37 pm
Rush, would you please specify what I did or did not do in Clayton County. Just one or two specifics would do. Ha!
mountain man
February 24th, 2013
10:37 pm
“I venture to say that the average education level of the DeKalb Board of Education is significantly higher than most school boards in Georgia. ”
DR. Walker’s education level made it possible for him to guarantee employment for his family. His resume also went straight to the Almighty, who hired him.
Dr. John Trotter
February 24th, 2013
10:49 pm
@ Mountain Man: I think that Dr. Walker has a PhD from Duke University. I understand that he is not a “Step and Fetch” African American, and this seems to make some white people nervous. Are you asserting that the white school board members and white superintendents in DeKalb’s past didn’t have a “Family & Friends Plan” as well? Would you like for me to be specific about white board members and white superintendents? Their relatives getting school systems jobs didn’t seem to raise any concerns back then.
Wow. I sure know how to make some white folks mad. I just tell the truth…pointing out the disparities and inconsistencies.
Rush
February 24th, 2013
10:52 pm
Which former board member from Clayton County works for Trotter? And just what is that individual’s title? Take a look at Trotters website for yourself….just Google MACE Trotter…..how appropriate a name.
Dr. John Trotter
February 24th, 2013
10:53 pm
Rush, Have you gone silent on me? Ha! Please be specific, OK? Just a couple of specifics will satisfy my curiosity about your apparent animus toward me relative to Clayton County.
RCB
February 24th, 2013
10:53 pm
I don’t think education LEVEL is as important as being able to speak a complete sentence using elementary grammar correctly. I’m sure I would flinch at the written word. I am very sad about the Dekalb BOE situation. This didn’t have to happen.
Rush
February 24th, 2013
10:54 pm
YES!! Please do tell of those former white school board members who had the “Friends & Family Plan”!! Let scorn rain down on them as well.
mountain man
February 24th, 2013
10:58 pm
“Are you asserting that the white school board members and white superintendents in DeKalb’s past didn’t have a “Family & Friends Plan” as well?”
So my guess is that you are saying that since white Board members did it in the past, then black board members have every right to employ their family members. Maybe we should also allow blacks to own whites as slaves, right? Who cares about the students. right? We just want to get what we have coming to us.