GEORGIA

Group calling for more school money is deemed illegal

Consortium of rural schools had sued state over lack of education funding

The Atlanta Journal-Constitution

Tuesday, February 03, 2009

In a blow to a group of rural school systems challenging the way Georgia funds education, the state attorney general said Tuesday that the nonprofit corporation created by the districts violates state law.

The Consortium for Adequate School Funding in Georgia filed a lawsuit against the state in 2004 arguing a lack of state education money has caused low student achievement. The group withdrew the suit in September after the case was assigned to a new judge.

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Joe Martin, the executive director of the group, said they were planning to file a new lawsuit but are unsure whether that is possible. He said individual school districts or other existing groups may sue the state over this issue.

“This caught us by surprise,” Martin said. “How does our group differ from all of the other associations that are supported by local boards of education for the purpose of improving education in Georgia? … This is a maneuver to undermine the consortium and our attempt to bring this important issue to light.”

Shortly after the group withdrew its suit, Gov. Sonny Perdue asked the attorney general’s office to look into whether the consortium can use state and local school money to pay for the litigation. The consortium, made up of 50 mostly rural school systems, has spent about $2 million on the lawsuit.

Attorney General Thurbert Baker wrote “it is my official opinion that, under general law, Georgia boards of education are not empowered to share services by creating and utilizing a nonprofit corporation such as the Consortium for Adequate School Funding in Georgia, Inc., for the purpose of challenging state school funding by litigation or otherwise.”

Since the school boards didn’t have the authority to create the consortium, Baker wrote it was unnecessary to address the issue as to whether the group could use taxpayer money.

The attorney general’s office represented the state in the consortium’s lawsuit against the state.




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