GREENE COUNTY
It looks like Fulton County Superior Court Judge Emily Richardson may end up being the decision maker in the 27-month-long lawsuit that charter school Lake Oconee Academy filed against the Greene County Board of Education.
Judge Richardson is expected to make a ruling by the end of this week following a virtual hearing with all parties on Tuesday, Nov. 22.
That hearing was delayed from Nov. 16 because some people hoped a final settlement could be reached at the BOE meeting on Nov. 17. It was not.
The lawsuit primarily relates to LOA’s complaint that the BOE is not paying it enough money per student as required by the state. All lawsuits involving public schools in Georgia must be filed in Fulton County, where the Georgia Department of Education is located.
Both sides have, for months, been petitioning the judge to make a summary judgment, which is a quick decision that could avoid a full trial. Depositions have been taken. Briefs have been filed. Recently, the Board of Education made a formal complaint to the state that LOA was violating its charter by exceeding the enrollment limit. LOA Board Chairman Michael Tompkins has estimated that both sides, combined, have spent more than $400,000 on legal fees.
In recent months, both sides have also been struggling to reach an agreement prior to a court ruling. On Oct. 17 in a grand showing of unity, all members of both boards sat behind tables at a special called public meeting and signed a one-page document with bullet points.
It was titled “Draft Agreement.”
Both sides touted how all that was needed to complete the deal was for lawyers to put those bullet points into a legally binding agreement. In the six weeks since then, the two sides have failed to agree on a legal document, despite exchanging and rejecting multiple modified versions.
LOA’s lawsuit, besides alleging they are not receiving enough per-student funding, also disputes the amount being withheld by the BOE for administrative fees. The charter school demands what it considers its share of state money that was cut because of budget concerns during COVID but later returned by the state to the county.
LOA also contends it is not getting its fair share of money from the Education Special Purpose Local Option Sales Tax.
Coincidentally, a different Fulton County Superior Court judge ruled last month in favor of seven charter schools in DeKalb County that had similar complaints. Only the ESPLOST claim was denied.
It is unclear if a last-minute agreement could pre-empt a court ruling or how a court ruling would affect the “Draft Agreement” signed by both sides.
What is clear is that a court ruling favoring either side could lead to an appeal that would further prolong a settlement in this legal action which, many observers fear, has distracted from the monumental task of educating Greene County children.