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Posted: 5:55 p.m. Wednesday, Oct. 10, 2012

District wins charter schools debate

Court hearing on school district use of public funds
One of the state's two largest school districts declared victory, Wednesday, after a judge refused to require the removal of a questions-and-answers section on the charter schools amendment from its website.

By Sandra Parrish

One of the state's two largest school districts declared victory, Wednesday, after a judge refused to require the removal of a questions-and-answers section on the charter schools amendment from its website.

Fulton County Superior Court Judge Wendy Shoob says she does not believe it constitutes a use of public resources as a group of parents claim.

School superintendent Robert Avossa feels vindicated.

"When you tell the truth," Avossa told reporters after the hearing, "you're honest and transparent and play by the rules, then in the end, I believe the right decision will come out, and today that decision was in our favor."

Avossa says while he personally thinks local districts should retain the authority whether to approve charter schools, he believes the school system has remained neutral on the issue.

Parent Rae Ann Harkness, one of the plaintiffs in the case, disagrees.

"I feel the school resources are clearly being used," she says. "It doesn't matter if it's $10 or $1,000. It's against the law, and it's breaking the constitution."

Shoob transferred the case the plaintiffs brought against Gwinnett County Schools to Gwinnett Superior Court saying she had no jurisdiction.  The suit will join another filed this week by attorney Josh Belinfant against Gwinnett Schools Superintendent Alvin Wilbanks, the Gwinnett Board of Education, and the Georgia School Boards Association.

He cites the Gwinnett school board's resolution in opposition of the amendment, as well as opposition to it from the GSBA, which he says is funded through local school districts.

In a statement, Wilbanks says he's done nothing wrong or improper and calls the lawsuits another attempt to bully the citizens and public servants, who are trying to clarify the amendment in order to counter what he refers to as misleading language of the preamble and the ballot question itself.

"We're not trying to bully Mr. Wilbanks or anyone else," says Belinfante. "We're just trying to make sure taxpayers dollars are not being used to fund public advocacy campaigns."

That case will be heard October 24.