ATLANTA — Governor Brian Kemp could soon determine whether DeKalb County Schools Superintendent Dr. Devon Horton keeps his job following his federal indictment in Illinois.

Under Georgia law, once an indictment of a public official is formally received by the governor’s office, the governor has the authority to appoint a three-member commission to review the case. The panel then has 14 days to issue its recommendation on whether the official should be suspended. If the commission recommends suspension, Governor Kemp will decide whether to remove the official from office until the case is resolved or until the end of their current term.

Dr. Horton was placed on paid administrative leave by the DeKalb County School Board after federal prosecutors in Illinois charged him in an alleged kickback scheme involving his former school district in Evanston.

A 37-page indictment accuses Horton and three associates of defrauding that district of money and property between 2020 and 2023 and claims he personally received roughly $85,000 in kickbacks. He’s also accused of using a district purchasing card for personal expenses.

An Evanston Now reporter, Matthew Eadie, said concerns about Horton’s spending had circulated previously. “That’s been something that people had known about and were concerned about,” Eadie said.

In a statement, Horton’s attorney said the allegations “have nothing whatsoever to do with his very successful work in DeKalb County,” citing improvements in graduation rates, student performance, and teacher recruitment. The attorney added that Horton is “eager to address his case in court” and return to focusing on students.

Evanston school officials said they are “deeply troubled and angered” by the allegations. Horton was hired by DeKalb County Schools in 2023, and earlier this year, the board extended his contract and approved a salary increase to more than $350,000 a year.

For now, Dr. Norman Sauce, the district’s chief of student services, is serving as acting superintendent while state officials await whether the indictment will be formally transmitted to Governor Kemp’s office a move that could prompt a review of Horton’s future in the district.