DeKalb County public charter schools win lawsuit for 'years' of underfunding

Seven DeKalb County public charter schools are now entitled to reimbursements for underfunding thanks to a court case win against the DeKalb County School District.

DeKalb Agriculture Technology & Environment, DeKalb Preparatory Academy, Leadership Preparatory Academy, DeKalb PATH Academy, Tapestry Public Charter School, The GLOBE Academy, and The Museum School of Avondale Estates claimed the district withheld necessary funds from the various schools for about six years.

Their claims included:

  1. Not funding the Charter Schools at or above the minimum funding set forth in their charters
  2. Not providing the Charter School’s proportionate share of the state austerity funds restored in the state budget
  3. Improperly withholding funds at the charter schools’ academic year midterm
  4. Not providing the charter schools’ their proportionate share of federal funds, specifically for special needs students and teacher development
  5. Improperly withholding 3% of the charter schools’ funding for an "administrative fee" without providing actual administrative services.

On Thursday, Oct. 20, Fulton County Superior Court Judge Jerry Baxter ruled in their favor on all those claims. Except one.

According to the summary judgment, the third claim was dismissed. Judge Baxter explained that there was nothing in the charter contracts nor the Georgia Charter Schools Act that required funding for that specific count.

"This is a win for the more than 4,000 students enrolled in DeKalb County’s public charter schools," said Tony Roberts, President and CEO of the Georgia Charter Schools Association. "The ruling also sends a clear signal that charter schools are public schools, and all children who attend them deserve equitable funding."

FOX 5 Atlanta reached out to the DeKalb County School District for comment and received the following statement: "It is the longstanding practice of the DeKalb County School District not to comment on pending litigation."

It is now up to the jury to determine just how much money the charter schools will be awarded. In a press release distributed Wednesday, the Georgia Charter Schools Association said the various schools' original claims exceeded $10 million in withheld funding.