Georgia Schools Superintendent John Barge said Friday he will not seek to punish local school districts accused of using public resources to oppose the charter schools constitutional amendment.
Barge cited an opinion from Georgia Attorney General Sam Olens, who told the superintendent that it is “highly unlikely that substantial state funds have been directly expended for the purpose of electoral advocacy.”
Barge asked Olens for guidance after Atlanta attorney Glenn Delk said school districts violated the law by posting what he describes as anti-amendment material on their websites. The Democratic Party of Georgia countered with a request that Olens give an opinion on whether Gov. Nathan Deal violated state law by promoting the amendment on his official website.
On Friday, Olens swatted that request back.
“It is not the role of this office to provide legal advice to non-clients seeking to inject partisan politics into a strictly legal issue,” Olens wrote to Democratic Party Chairman Michael Berlon.
Barge’s decision not to go after school districts sparked a three-page rebuke from Delk.
“Your letter is a willful misreading of the opinion letters and constitutes, in my opinion, a willful dereliction of your responsibilities and duties as state school superintendent,” Delk wrote.
If the amendment is approved by voters next month, a commission would be established to consider charter school applications. Supporters say charter schools - public schools granted flexibility as they pursue specified education goals - are an important alternative for parents whose children attend failing traditional public schools. Opponents, who include most traditional public school officials, say the amendment would lead to more charter schools and less funding for traditional public schools.
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