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Ga. governor, metro Atlanta school system tussle

Published on NewsOK Modified: March 1, 2013 at 6:38 pm •  Published: March 1, 2013

ATLANTA (AP) — The suspension of two-thirds of the school board members in a troubled suburban Atlanta school district has rendered the board temporarily powerless and set up a legal battle over a state law that gives the governor the power to remove local school boards.

Georgia Gov. Nathan Deal this week announced the suspension of six of nine of the DeKalb County school board members. The targeted board members have sued to challenge the 2011 law that allows him to take that action, saying they have a constitutional right to stay in office until voters say otherwise.

The turmoil has left the board hobbled, unable to make decisions because it can't muster the required five members for a quorum.

"As elected representatives on the DeKalb Board of Education, we find ourselves in a unique and confusing situation," the remaining three board members said in a statement this week.

DeKalb County is the state's third-largest school district, serving about 99,000 students. It was placed on probation in December by the Southern Association of Colleges and Schools following a six-month investigation. In a report, the accreditation agency cited long-term leadership issues including nepotism, fiscal mismanagement, inappropriate micromanagement and intimidation within the district.

"Despite attempts of various experts and organizations to bring about sustained change in the culture and operation of the Board of Education, the extensive efforts, costs and resources expended in this endeavor appear to have been wasted," the agency wrote in its report.

The State Board of Education voted unanimously to recommend the removal of the six elected board members who were in office during the time when the alleged problems took place, but the three board members who took office in January have been allowed to stay. The Republican governor on Monday announced he was following that advice and appointed a five-member panel to choose potential replacement board members.

The law allows the governor to suspend the members of a local board of education if a school or school system is put in a probationary status immediately preceding loss of accreditation. DeKalb is on probation through the end of this year. This isn't the first time Deal has used the law to remove a board. He previously removed and replaced the entire 5-member board in Miller County.

U.S. District Judge Richard Story heard arguments in the case Friday.

Lawyers for the school district and the county board of education chairman argued the state Legislature overreached when it gave the governor the power to remove elected officials and said their removal represented a serious lack of due process.

A lawyer for the state argued that the state Constitution allows legislators to enact such a law and that the governor is within his power to remove the board members and appoint replacements. The state's lawyer also argued that due process was provided, as the board members were duly notified of all the steps and have access to recourse.

Story said he would consider the arguments and decide whether to issue a preliminary injunction to freeze the process until the legal challenge to the law is resolved and that he would issue an order soon. Until then, an earlier order he issued remains in place and maintains the status quo — any replacements Deal appoints can't take office and the suspended members remain in office but can't take official actions.

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