Olens says school boards can’t use taxpayer money to oppose charter amendment

Rather than provide clarity, the letter itself became a sort of political Rorschach test, with amendment supporters and opponents interpreting it in starkly different ways. And superintendents and board members said they plan to press the case against an amendment they believe will lead to more charter schools and less money for traditional public schools.

Several school boards, including those in Cherokee, Douglas, DeKalb and Gwinnett counties, have passed resolutions expressing their opposition to the proposed amendment that will be on the ballot in November. Some districts have also posted information on their Web sites that amendment backers say presents a negative view of the amendment.

Supporters of the amendment have complained that board members violated Georgia law by using taxpayer resources to participate in a political campaign.

Barge, an opponent of the amendment, sought clarity from Olens, who wrote that “local school boards do not have the legal authority to expend funds or other resources to advocate or oppose the ratification of a constitutional amendment by voters.”

Atlanta attorney Glenn Delk, who complained to the state Board of Education that Barge and school boards were violating state law, said Olens’ letter is a vindication. He said the only correct interpretation of Olens’ letter would mean that school boards must rescind the anti-amendment resolutions they approved, and districts must remove anti-amendment information and replace it with a statement of neutrality.

“The key issue now is whether these school boards will comply with this directive,” Delk said.

Told what Delk said he expects, Phil Hartley, whose firm Harben, Hartley and Hawkins, represents several school boards, said: “I will not be recommending that boards do those things.”

Hartley said the letter speaks specifically to the use of taxpayer funds. “It does not speak to the right of the board to express itself on matters of public concern,” Hartley said.

Olens’ letter only addressed only school boards, not the actions by supporters of the amendment. Some legislators have been active for it, and Gov. Nathan Deal has endorsed it in public speeches.

Board members and superintendents said they will continue speaking out against the amendment, which would underscore the state’s power to authorize charter schools and establish a commission to consider charter applications.

“I’m going to speak against it whenever and wherever I can, and I think that’s my First Amendment right,” said Eugene Walker, chairman of the DeKalb County School Board.

“I think there are certain things that elected boards and people that have positions, we have to do in order to communicate to the public how we feel,” said Alvin Wilbanks, superintendent and chief executive officer of Gwinnett County Schools.

Hartley said amendment backers want to muzzle opponents.

“It’s all about intimidation,” he said. “It’s all about bullying. It’s an effort not to have a real debate, to shut up one side so they can have it all to themselves.”

The Georgia School Boards Association has also been criticized by some amendment supporters for speaking against the amendment during training sessions for members of local school boards.

Hartley said he does not believe the letter limits GSBA’s activities; Delk said he believes it does. “I don’t believe the rules are the same for the association,” Hartley said.

Delk said his clients, whom he has declined to identify, believe Barge illegally used taxpayer resources in preparing a lengthy position paper laying out his opposition to the amendment. In what Delk said his clients believe is another violation, Barge initially had that paper posted on the Georgia Department of Education’s Web site. Several school districts had links to the paper on their own sites.

Barge has since had that paper removed from the department’s Web site, though he said he will continue with his own personal opposition to the amendment.