FREQUENTLY ASKED QUESTIONS
Has the Consortium dropped its lawsuit?
No. The Consortium has withdrawn its lawsuit on the State’s constitutional obligation to provide an adequate education, but a new complaint has been prepared for filing at the appropriate time.
Why was the first lawsuit withdrawn?
The lawsuit was filed in 2004 and assigned to Judge Rowland Barnes. After his murder in 2005, the case was assigned to Judge Elizabeth E. Long, who presided over it for more than three years and ruled on all of the preliminary motions. Then, just before the trial was scheduled to begin in 2008, the case was transferred to Judge Craig L. Schwall because of cuts in the funding for senior judges. Since many of Judge Schwall’s views are well known, the plaintiffs chose to have the lawsuit dismissed without prejudice. The decision in this case is so crucial to the future of Georgia that there cannot be any question about the impartiality of the judge.
How is the lawsuit being changed?
The focus will shift from the problems being experienced by specific school systems to the State’s failure to meet the educational needs of all of its students, as required by the Georgia Constitution. Despite the change in emphasis, the enormous amount of evidence that has been gathered is still relevant to the new lawsuit.
Why is the lawsuit being changed?
The new approach is simpler and stronger in a legal sense. In addition, the complaint will clearly indicate that the goal is to raise the level of State support to all schools in Georgia. Any lingering concern about the possibility of "Robin Hood" will be removed from the case.
How does the current economic downturn affect the lawsuit?
The intent of the lawsuit is to get the State to accept its constitutional responsibility in education regardless of economic conditions. The goal is to create an objective process and structure for supporting our schools that will be viable over time. It will not be necessary to increase taxes, but the wave of tax exemptions cannot be continued.
What is the effect of the opinion by the Attorney General?
The recent opinion by the Attorney General on the authority of local school boards to create a non-profit corporation is flawed in major respects. However, any possible question in this regard has now been resolved though changes in the Consortium’s by-laws. The new corporation is named the Georgia School Funding Association, and its members consist of individuals across Georgia. This opinion did not address the ability of local school systems to sue the State or use public funds for this purpose, as previously confirmed by the courts of Georgia.
Updated March 30, 2009