“APS seeks a broad advisory judicial ruling conferring upon it the power to legally compel the city to expand APS’ boundaries to include all past and future annexations,” DeKalb schools attorneys wrote in Aug. 13 court filings.
Emory University, the CDC and Children’s Healthcare of Atlanta are being annexed into the city of Atlanta. The city’s 744-acre expansion grows it eastward into DeKalb County.
The Atlanta City Council voted in December to annex property in the Fulton Industrial District into the city but leave it within Fulton County Schools instead of moving it into APS. That Fulton property is not currently taxable, and no students live there.
APS sued the city over that annexation, arguing the Atlanta school district should expand alongside the new city boundaries.
DeKalb schools have asked the court to let it intervene in the Fulton case, stating that the city and APS are aligned against DeKalb’s interests and that the outcome could affect the Emory case.
“DCSD faces potential ruin if APS can legally mandate its expansion ever time the city annexes territory from unincorporated DeKalb County. That is why DCSD must become party to this case,” the district stated in court filings.
A spokesman for APS declined to comment on a pending legal matter. A city spokesman did not respond to an email offering a chance to comment.
In a written statement, DeKalb schools said its leaders “take seriously our responsibility to protect the resources provided for our students.”
“The inclusion of APS in the annexation unnecessarily siphons millions of dollars per year, in perpetuity, that support the teaching and learning opportunities our students deserve. Our attempts to resolve this gross inequity through dialogue have gone unanswered, and DCSD will explore any and all paths to secure and protect the resources of our community,” the DeKalb statement said.
According to court filings, the city and APS have agreed to an “expedited schedule” to resolve the Fulton annexation case. The city is expected to file its response to the case by the end of this week.