The APS Redistricting Debate: Georgia Law Provides Way To Stop School Closures

Ever since Atlanta Public Schools presented its preliminary plans that call for , some parents in the district have been saying the board needs to slow down.

They may have tool to do so.

A little-known state law could allow Atlanta parents to take the decision out of the board's hands and put it before voters and let them decide at the ballot box.

The statute — O.C.G.A. § 20-2-260(k.1) — allows parents facing school closures to draw petitions to get signatures that would force the issue on the ballot.

However, it's a long process that spells out steps those parents must take, as well as local school boards, before that can happen.

Essentially, both sides have to be at an impasse before the local superintendent of elections can step in with a special election. Parents have to show closure would be so detrimental to the neighborhood that it has no alternative to taking the extreme step of petitioning to put it on the ballot

If the parents are successful in getting the proposed closure before voters who then cast their ballots in favor of keeping the school open, the local school district can't revisit possible closure of that school for the next four years.

But to succeed, they have to get more than half the votes cast in their favor, said A. Thomas Stubbs, a Decatur attorney who explained how the law works. A longtime Decatur resident, Stubbs recounted that city's own redistricting pains of the early 1990's.

Parents there fought school closures using the law, but ultimately lost, he said.

Parents in South Georgia's Berrien County fought school closures there and cited the law, among other objections, too, but lost their lawsuit.

"Opponents of a school closing must assemble a huge number of signatures to get that closure on the ballot.  Even if those opposed to a school closing are able to secure enough signatures, there is no guarantee of success at the ballot box," Stubbs told Patch.

"Running against them will be a sentiment among families whose schools are not targeted for closure that, if the vote succeeds, their school may be targeted for closure next. So, there may be a "fervent"  group on the other side of any petition, as well."

It's too early to tell whether any of the neighborhoods in the Patch that have offered their own counter-proposals and position statements will pursue that strategy.

"The concept is far too premature to focus on now and has not been advocated by any neighborhood to my knowledge," Alexandra Coffman, president of the Mary Lin Parent Teacher Association, told Patch in an-email.

"If APS ultimately adopts a plan that includes school closures, then one must assume that it will follow whatever legal requirements exist to implement that plan," she said. "Whether this devolves into a petition and ultimate referendum on closing underutilized schools would be an issue for those affected parents or the courts."

East Atlanta officials also said it's too early to think referendums.

"While it is vital that parents and community members be informed and engaged, I think it is too early in the process to be thinking this drastically," Elisabeth Burgess told Patch.

"My hope is that APS leadership reviews the feedback comments, neighborhood/school position statements, and contextual information from the schools and facilities and brings two more thoughtful and feasible plans to the community in January."

For it's part, APS is on tight deadline. In January the district is expected to narrow the four options down to two — having taken all the parental input and ideas into account — in January. After more debate and discussion, Superintendent Erroll B. Davis Jr. is expected to make his recommendations to the board, which is expected to vote next March or April.

Any changes would be enacted in the 2012-13 school year.

Board member Cecily Harsch-Kinnane, whose District 3 includes schools in the East Atlanta, Kirkwood, East Lake and Candler Park, said the entire process — community meetings review of proposals, surveys and discussions — is designed to be as open as possible.

"The purpose of the process is to come out with a thoughtful plan," Harsch-Kinnane said, adding the law is there to serve more as a check to insure the integrity of the process.

That's something she said the board is focused on.

"I think the goal is to come out with a final recommendation that makes sense to people," Harsch-Kinnane said. "And I think we need to make certain we do that."